Circular No. 41/2011/TT-BLDTBXH amends certain provisions of Circular No. 37/2005/TT-BLDTBXH regarding printing and managing occupational safety cards, issuing such cards to workers performing jobs with strict requirements for occupational safety and labor hygiene, and reporting annually the list of workers performing these jobs. This Circular takes effect from March 1, 2012.
Scope of application
Employers, workers (including self-employed workers), Departments of Labor - Invalids and Social Affairs, competent authorities.
Key points
- Employers → print and manage occupational safety cards according to the model attached as Appendix I of this Circular; if unable to print themselves, they must contact the Department of Labor - Invalids and Social Affairs to obtain them.
- Employers → issue occupational safety cards to workers performing jobs with strict requirements for occupational safety and labor hygiene after the workers have completed their initial training and passed the examination as required.
- The entity → report annually to the Department of Labor - Invalids and Social Affairs and the competent authority the list of workers performing jobs with strict requirements for occupational safety and labor hygiene; compile and periodically report on occupational safety and labor hygiene training work as prescribed.
- This Circular takes effect from March 1, 2012.
- Occupational safety cards issued before the effective date of this Circular shall continue to be valid until their expiration date as stipulated in Circular No. 37/2005/TT-BLDTBXH.
🌐 Social impact of this document
- Positive impact: Helps workers performing jobs with strict requirements for occupational safety and labor hygiene to be better protected through the issuance of occupational safety cards.
- Negative impact: May impose a financial burden on employers for printing and managing occupational safety cards.
❓ Frequently asked questions
Can employers print occupational safety cards themselves?
Yes, but if they cannot print themselves, they must contact the Department of Labor - Invalids and Social Affairs to obtain them according to Point a, Clause 2, Section VI of this Circular.
Which jobs require occupational safety cards?
Workers performing jobs with strict requirements for occupational safety and labor hygiene, after completing their initial training and passing the examination as required, will be issued occupational safety cards according to Point b, Clause 2, Section VI of this Circular.
Are occupational safety cards issued before the effective date of this Circular still valid?
Yes, occupational safety cards issued before the effective date of this Circular shall continue to be valid until their expiration date as stipulated in Circular No. 37/2005/TT-BLDTBXH.
Which lists must entities report?
Entities must report annually to the Department of Labor - Invalids and Social Affairs and the competent authority the list of workers performing jobs with strict requirements for occupational safety and labor hygiene according to Point f, Clause 1, Section VII of this Circular.
When does this Circular take effect?
This Circular takes effect from March 1, 2012, as stipulated in Article 2, Clause 1 of this Circular.
Full text
CIRCULAR
Amending and supplementing certain provisions of Circular No. 37/2005/TT-BLDTBXH dated December 29, 2005 of the Ministry of Labor, War Invalids and Social Affairs guiding occupational safety and labor hygiene training work.
Circular No. 37/2005/TT-BLDTBXH dated December 29, 2005 of the Ministry of Labor, War Invalids and Social Affairs guiding occupational safety and labor hygiene training work.
______________________________
Pursuant to Decree No. 06/CP dated January 20, 1995 of the Government detailing some articles of the Labor Code on occupational safety and labor hygiene.
Pursuant to Decree No. 110/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing some articles of Decree No. 06/CP dated January 20, 1995 of the Government detailing some articles of the Labor Code on occupational safety and labor hygiene.
Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;
The Ministry of Labor, War Invalids and Social Affairs amends and supplements certain provisions of Circular No. 37/2005/TT-BLDTBXH dated December 29, 2005 guiding occupational safety and labor hygiene training work (hereinafter referred to as Circular No. 37/2005/TT-BLDTBXH) as follows:
Article 1. Amending and supplementing certain provisions of Circular No. 37/2005/TT-BLDTBXH as follows:
1. Point a Clause 2 Section VI
The occupational safety card shall be printed and managed by the employer (as stipulated in Article 6 of the Labor Code) according to the model attached as Appendix I of this Circular. In cases where the employer cannot print the occupational safety card themselves, they shall contact the Department of Labor, War Invalids and Social Affairs for provision.
2. Point b Clause 2 Section VI
The employer shall be responsible for issuing the occupational safety card to workers (including self-employed workers) performing jobs with strict requirements for occupational safety and labor hygiene after the workers have completed initial training and passed the examination with satisfactory results.
3. Point f Clause 1 Section VII
Annually, the facility must report the list of workers performing jobs with strict requirements for occupational safety and labor hygiene to the Department of Labor, War Invalids and Social Affairs and the competent authority for management and monitoring; compile and report periodically on occupational safety and labor hygiene training work in accordance with Circular Joint No. 01/2011/TTLT-BLDTBXH-BYT dated January 10, 2011 of the Joint Circular of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health guiding the implementation of occupational safety and labor hygiene work in workplaces.
Article 2. Effectiveness
1. This Circular takes effect from March 1, 2012.
2. Occupational safety cards issued before this Circular takes effect will continue to be valid until their expiration date as specified in Circular No. 37/2005/TT-BLDTBXH.
3. During the implementation process, if there are any difficulties, please promptly reflect them to the Ministry of Labor, War Invalids and Social Affairs for research and resolution./.
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