Circular No. 37/2005/TT-BLDTBXH guiding occupational safety training and labor hygiene work

CIRCULAR

Guidelines for Occupational Safety and Health Training

Pursuant to Decree No. 06/CP dated January 20, 1995 (as amended and supplemented) of the Government detailing certain provisions of the Labor Code on occupational safety and health, the Ministry of Labor - Invalids and Social Affairs guides the work of occupational safety and health training as follows:

I. SCOPE OF APPLICATION AND TRAINING OBJECTS

b) In cases where funds from organizations and individuals within and outside Vietnam are used for victim support work and victim support benefits, such activities shall be carried out in accordance with the regulations of the Ministry of Finance and the donor; in cases where there is no agreement between the donor or their authorized representative and the Ministry of Finance regarding the expenditure level, the expenditure level prescribed in this Circular shall apply.

These guidelines apply to enterprises, agencies, organizations, and individuals employing labor, including:

a) Enterprises of all economic sectors;

b) Individual households engaged in production and business, cooperatives;

c) Cooperatives established and operating under the Law on Cooperatives;

d) Public service units; production, business, and service organizations belonging to administrative public service agencies, political organizations, political-social organizations, social-professional organizations, other social organizations, the People's Army, and the People's Police, foreign agencies or international organizations located within the territory of the Socialist Republic of Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise;

e) Other organizations and individuals employing labor.

The enterprises, agencies, organizations, and individuals mentioned above shall be collectively referred to as facilities.

2. Training Objects

a) Workers include:

- Those currently working, newly recruited, learning trades, undergoing apprenticeship, or probationary workers at the facility;

- Self-employed workers hired or utilized by the facility.

b) Employers and managers (hereinafter collectively referred to as employers) include:

- The facility owner or person authorized by the owner to manage production, business, and services;

- Directors and deputy directors of the facility; heads of organizations and agencies directly employing labor;

- Managers and supervisors of construction sites, workshops, or equivalent departments.

c) Personnel engaged in occupational safety and health at the facility.

II. TRAINING FOR WORKERS

1. Training Content

a) General Provisions on Occupational Safety and Health:

- Objectives and significance of occupational safety and health work;

- Rights and obligations of employers and workers in complying with regulations on occupational safety and health; labor protection policies and benefits for workers;

- Occupational safety and health rules of the facility;

- Working conditions, hazardous and harmful factors causing workplace accidents and occupational diseases, and preventive measures;

- Basic knowledge of occupational safety and health technology;

- Handling emergency situations and first aid methods for accident victims;

- Functions, usage, and maintenance of personal protective equipment;

- Measures to improve working conditions at the workplace.

b) Specific Provisions on Occupational Safety and Health at the Workplace:

- Production characteristics, work procedures, and mandatory occupational safety and health regulations that workers must follow when performing tasks;

- Hazardous and harmful factors, potential incidents that may occur at the workplace, and preventive measures.

Workers (including self-employed workers) performing jobs requiring strict adherence to occupational safety and health according to the list attached to this Circular (Annex I), in addition to ensuring the training content for workers as stated above, must also receive more detailed training on work procedures and incident handling.

2. Training Organization

a) Responsibility for Organizing Training

Employers are responsible for organizing training for workers under their management, including self-employed workers hired or utilized by the facility. After completing training and passing examinations, workers (including self-employed workers) must sign the occupational safety and health training record book attached to this Circular (Annex IV). Employers must issue a safety card to workers performing jobs with strict requirements for occupational safety and health as stipulated in Clause 2, Section VI of this Circular.

b) Instructors for Occupational Safety and Health must have experience, be trained in occupational safety and health, and be appointed by the employer.

c) Forms and Duration of Training

- Initial Training: Newly recruited workers; those learning trades, undergoing apprenticeship, or probationary workers at the facility must receive comprehensive training on all contents specified in Clause 1, Section II of this Circular before being assigned tasks.

The initial training period must be at least two days.

For workers (including self-employed workers) performing jobs with strict requirements for occupational safety and health, the initial training period must be at least three days.

- Periodic Training: Employers must organize retraining or additional training to ensure workers fully understand occupational safety and health regulations within their assigned responsibilities.

The periodic training duration depends on the facility's occupational safety and health requirements but must be conducted at least once a year, with each session lasting at least two days.

- When workers change jobs; when there are changes in production equipment or technology; after a six-month or longer break from work, they must receive guidance and training on occupational safety and health suitable for new equipment, technology, and assigned tasks before being reassigned.

d) The training time for workers (excluding self-employed workers) is counted as working hours and they are entitled to full wages and other benefits as prescribed by law. For workers learning trades, undergoing apprenticeship, or probationary workers, the benefits during training are implemented according to the agreed labor contract.

c) The cost of organizing training for workers at the facility is the responsibility of the facility using labor.

III. TRAINING FOR EMPLOYERS

1. Training Content

a) Overview of the legal framework on occupational safety and health; technical standards and occupational safety and health regulations;

b) Provisions of laws on labor policies and protection systems;

c) Rights and obligations of employers and employees in occupational safety and health work;

d) Specific regulations of state management agencies regarding occupational safety and health when constructing, expanding, or renovating works and facilities for production, use, storage, retention, and inspection of machinery, equipment, materials, and substances with strict requirements for occupational safety and health;

e) Hazardous and harmful factors in production; measures to improve working conditions;

f) Organization and implementation of occupational safety and health regulations at the workplace:

- Organizing the administrative structure and defining responsibilities for occupational safety and health;

- Developing occupational safety and health protection plans;

- Drafting and disseminating internal rules and regulations governing occupational safety and health activities at the workplace, workshops, departments, and safe operating procedures for machinery, equipment, and substances;

- Conducting propaganda, education, training, and organizing mass movements to implement occupational safety and health;

- Implementing labor protection policies and systems for workers;

- Inspecting and self-inspecting occupational safety and health;

- Registering and inspecting machinery, equipment, materials, and substances with strict requirements for occupational safety and health;

- Reporting, investigating, statistically analyzing, and periodically reporting work-related accidents and occupational diseases;

- Statistically analyzing, reporting, summarizing, and concluding on occupational safety and health activities;

g) Responsibilities and contents of activities of grassroots trade unions regarding occupational safety and health;

h) Administrative penalties for violations of laws on occupational safety and health;

2. Training Organization

a) Responsibility for Organizing Training

- The Department of Labor, Invalids, and Social Affairs, Industrial Park Management Board shall organize training and issue certificates of training in accordance with Clause 1, Section VI of this Circular for employers of establishments with headquarters located within their jurisdiction;

- Ministries, sectors, corporations, and holding companies shall organize training and issue certificates of training for employers under their direct control or cooperate with organizations having functions in occupational safety and health training to organize such training and issue certificates of training;

b) Occupational safety and health instructors must have a bachelor's degree or higher, at least five years of experience in occupational safety and health work, and be appointed by the training organization;

c) Forms and Duration of Training

- Initial training: After assuming duties, employers must undergo comprehensive initial training on all contents stipulated in Clause 1, Section III of this Circular;

Duration of initial training: At least two days for the establishment owner or person authorized by the owner to manage production, directors, deputy directors, heads of organizations and units directly employing workers; at least three days for managers and supervisors of construction sites, workshops, or equivalent departments;

- Periodic training: Employers must undergo periodic training to update information, legal regulations, and new knowledge on occupational safety and health;

Duration of periodic training: At least once every three years, each session lasting at least two days for establishment owners or persons authorized by the owner to manage production, directors, deputy directors, heads of organizations and units directly employing workers; at least once a year, each session lasting at least two days for managers and supervisors of construction sites, workshops, or equivalent departments;

d) Training time counts as working hours and full salary and other benefits as prescribed by law will be provided;

e) Costs for organizing training classes are borne by the establishment sending participants to the training;

IV. TRAINING FOR OCCUPATIONAL SAFETY AND HEALTH WORKERS AT THE WORKPLACE

1. Training Content

In addition to the training contents for employers as stipulated in Clause 1, Section III of this Circular, occupational safety and health workers must also undergo training on the following contents:

- Methods for identifying hazardous and harmful factors in production;

- Technical measures for safety and fire prevention; hygiene techniques, toxic substance prevention, and improvement of working conditions;

- Methods for implementing inspections and self-inspections of occupational safety and health at the workplace;

- Procedures for reporting, investigating, recording, statistically analyzing, and periodically reporting work-related accidents and occupational diseases;

2. Training Organization

a) Responsibility for Organizing Training

- The Department of Labor, Invalids, and Social Affairs shall organize training and issue certificates of training for occupational safety and health workers of establishments with headquarters located within their jurisdiction;

- Ministries, sectors, corporations, and holding companies shall organize training and issue certificates of training for occupational safety and health workers under their control or cooperate with organizations having functions in training and upgrading skills for occupational safety and health workers to organize such training and issue certificates of training;

b) Forms and duration of training

- Initial training: Occupational safety and health workers must undergo comprehensive initial training on all contents stipulated in Clause 1, Section IV of this Circular;

Duration of initial training: At least three days;

- Periodic training: Occupational safety and health workers must undergo periodic training to update information, legal regulations, and new knowledge on occupational safety and health;

Duration of periodic training: At least once a year, each session lasting at least two days;

c) Regulations on occupational safety and health instructors; rights during participation in training; costs for organizing training for occupational safety and health workers are implemented as prescribed for employers (points b, d, e of Clause 2, Section III of this Circular);

V. OCCUPATIONAL SAFETY AND HEALTH TRAINING MATERIALS

1. System of documents serving as the basis for compiling training content including:

a) Legal documents on labor safety, occupational health, and other related fields;

b) National and sector standards and regulations on labor safety and occupational health;

c) Regulations of ministries, sectors, provinces, centrally governed cities, and units authorized to manage labor safety and occupational health (applicable at the ministry, sector, local level, and unit);

d) Technical documents of machines, equipment, and chemicals;

e) Scientific materials and information related to labor safety and occupational health;

f) Labor safety and occupational health internal rules of enterprises and safe operation procedures of machines and equipment specified by the entity.

2. Compiling training materials

a) The organization conducting training shall compile training materials according to the training content for each subject as stipulated in Clause 1, Section II, Clause 1, Section III, and Clause 1, Section IV of this Circular, and must be consistent with the characteristics, safety assurance requirements, and specific subjects of the entity. Training materials include theoretical and practical sections on scenarios.

b) Ministries and sectors organize the compilation of labor safety and occupational health training materials for each specialty.

VI. TRAINING CERTIFICATE FOR LABOR SAFETY AND OCCUPATIONAL HEALTH AND SAFETY CARD

1. Training certificate

a) A training certificate for labor safety and occupational health is issued to employers and personnel engaged in labor safety and occupational health work at the entity after participating in training and passing the examination.

b) The organization conducting training is responsible for printing, issuing, and managing the training certificate for labor safety and occupational health according to the model attached to this Circular (Annex II).

c) Employers and personnel engaged in labor safety and occupational health work are responsible for presenting the training certificate when requested by inspection and supervision teams regarding labor safety and occupational health.

2. Safety card

a) The safety card is printed, issued, and managed by the Department of Labor, Invalids, and Social Affairs according to the model attached to this Circular (Annex III).

b) The organization conducting training is responsible for issuing a safety card to workers (including self-employed workers) performing jobs with strict labor safety and occupational health requirements after the worker has completed initial training and passed the examination.

c) A safety card is issued in the following cases: When hiring or assigning a job for the first time; when a worker transfers from another job to a job with strict labor safety and occupational health requirements; when changing machinery, equipment, and technology with strict labor safety and occupational health requirements.

d) Annual refresher training does not require reissuing the card. In case a worker violates labor safety and occupational health regulations or does not perform the job for six months, the employer must reclaim the card. If the worker continues to perform a job with strict labor safety and occupational health requirements, the employer must organize an examination and issue a new card if the worker passes the examination.

e) The safety card is valid for five years. Upon expiration, the worker must undergo a re-examination and obtain a new card if they pass. Those who fail the re-examination must be retrained and re-examined.

The re-examination is organized by the entity employing the worker.

f) In case the safety card is lost or damaged, the worker may request and be considered for issuance of a new card.

g) Workers must carry their safety card during work and present it when requested by the employer or inspection and supervision teams regarding labor safety and occupational health.

VII. IMPLEMENTATION ORGANIZATION

1. Responsibilities of the entity

a) Annually, the entity must develop a training plan and organize labor safety and occupational health training. The plan must clearly define the content, number of each type of trainees, instructors, training materials, schedule, budget, and facilities for training.

b) Maintain a record of labor safety and occupational health training activities according to the model attached to this Circular (Annex IV). The record, training materials, and test papers must be kept at the entity and presented upon request.

c) Entities operating in the same area or industry can cooperate with each other or with organizations having functions in labor safety and health training to organize training for workers.

d) In case the entity uses contractors to perform business activities or allows workers from other entities to operate on its premises, the entity's owner must clearly define responsibilities for the contractor and the team leader organizing labor safety and occupational health training, and closely monitor their implementation.

e) In case outsiders visit or intern at the entity, the employer must provide guidance and specify the time for labor safety and occupational health training based on safety requirements. After the guidance, the visitor must sign the entity's labor safety and occupational health training record.

f) Annually, the entity must report the list of workers performing jobs with strict labor safety and occupational health requirements to the Department of Labor, Invalids, and Social Affairs and the supervising authority for management and monitoring; and regularly report labor safety and occupational health training activities according to Circular Joint No. 14/1998/TTLT-BLDTBXH-BYT-TLĐLĐVN dated October 31, 1998, of the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Health, and the Vietnam General Confederation of Labor.

2. Department of Labor, Invalids, and Social Affairs shall be responsible for assisting the People's Committee of the province or city to uniformly manage labor safety training and occupational health work within their respective localities, paying particular attention to managing the training and issuance of labor safety cards for workers engaged in jobs with strict requirements for labor safety and occupational health.

3. Ministries, sectors, People's Committees of provinces and centrally governed cities shall be responsible for directing, inspecting, and urging subordinate levels and units under their management to implement labor safety training and occupational health work in accordance with the provisions of the law; annually, they shall compile and submit reports on the implementation of such training activities to the Ministry of Labor, Invalids and Social Affairs.

VIII. IMPLEMENTATION PROVISIONS

1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

2. Repeal Circular No. 08/LDTBXH-TT dated April 11, 1995, issued by the Ministry of Labor, Invalids and Social Affairs, guiding labor safety and occupational health training work, and Circular No. 23/LDTBXH-TT dated September 19, 1995, issued by the Ministry of Labor, Invalids and Social Affairs, supplementing Circular No. 08/LDTBXH-TT dated April 11, 1995, regarding labor safety and occupational health training work, as well as other documents that conflict with the provisions of this Circular.

3. In the course of implementation, if there are any difficulties, they are requested to promptly reflect them to the Ministry of Labor, Invalids and Social Affairs for study and resolution./.