Circular No. 43/2010/TT-BCT on safety management in the industry and trade sector

CIRCULAR

Regulations on safety management in the industry and trade sector

Pursuant to Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code regarding occupational safety and health;

Pursuant to Decree No. 110/2002/NĐ-CP dated December 27, 2002 amending and supplementing certain articles of Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code regarding occupational safety and health;

The Ministry of Industry and Trade hereby promulgates regulations on safety management in the industry and trade sector as follows:

PART I
GENERAL PROVISIONS

These Circulars regulate safety management applicable to enterprises engaged in production and business activities in the following sectors: machinery, metallurgy, electricity, new energy, renewable energy, oil and gas, petroleum products, chemicals, industrial explosives, mining and mineral processing industries, consumer goods industry, food industry, and other processing industries (hereinafter referred to as enterprises in the industry and trade sector) and other organizations and individuals related to safety management in the industry and trade sector.

Article 2. Interpretation of Terms

In this Circular, the following terms shall be understood as follows:

1. Safety is the state of not causing injury, endangering life, affecting workers' health, and damaging machines, equipment, production lines, and production processes.

2. Risk management involves applying technical and management measures to ensure that all potential risks must be identified, analyzed, and evaluated for all structures, machines, equipment, production lines, production processes, and throughout all operational stages.

3. Risk assessment involves evaluating potential risks based on acceptable risk criteria and approved indicators, while determining measures to reduce risks to a reasonable level acceptable in reality.

4. Risk level assessment involves assessing known hazards based on consequences and likelihood.

5. Emergency response plan includes organization and response to emergency situations such as rescue operations, fire prevention, explosion prevention, flood prevention, and storm prevention as prescribed.

Chapter II

CONTENTS AND RESPONSIBILITIES OF ENTERPRISES IN SAFETY MANAGEMENT

IN SAFETY MANAGEMENT

Article 3. Contents of safety management work

The contents of safety management include:

1. Safety management system.

2. Risk management.

3. Emergency response plan.

4. Safety in production areas.

Article 4. Responsibilities of enterprises in the safety management system

1. Enterprises must establish

a) Safety objectives and policies, reward and punishment policies concerning safety in accordance with laws on safety;

b) Safety inspection regulations: Programs, contents, forms of safety inspections; Inspection work files, Minutes, Suggestion Books, and Inspection Record Books... as prescribed;

c) Organizational systems for safety work within the enterprise in accordance with the law;

d) List of documents in the field of safety; safety standards and norms applied in the enterprise;

đ) Operation procedures, accident handling procedures, and maintenance procedures for production lines, machines, and equipment;

e) Safety regulations for each workshop, production line, machine, equipment, materials, and chemicals used; jobs with strict safety requirements;

g) Technical safety measures, fire prevention measures, and investment in equipment to ensure safety in annual labor protection plans;

h) Professional qualifications and work experience records of workers in their positions at the enterprise.

2. Management of machines, equipment, materials, and chemicals

a) Regularly inspect, test, maintain, and repair machines and equipment;

b) Conduct inspections and register according to regulations for machines, equipment, and materials with strict safety requirements for labor; machines and equipment with special safety requirements for specific industrial sectors;

c) Select inspection organizations for pressure equipment and lifting equipment that meet the conditions prescribed by the Ministry of Industry and Trade;

d) Manage chemicals safely in accordance with laws on chemicals.

3. Training and scientific research on safety

a) Train workers on safety in accordance with the content, materials, and time prescribed by law;

b) Conduct scientific research and apply technological advancements to enhance safety and reduce risks.

4. Statistics and reporting

a) Must have a system of files for tracking, investigating, evaluating, and rectifying accidents, incidents, injuries to people, or damage to property;

b) Report serious accidents and emergency situations promptly;

c) Report regularly on workplace accidents as prescribed;

d) Report regularly on labor protection as prescribed.

Economic Groups and Joint Stock Corporations aggregate statistics and reports from affiliated enterprises and submit them to competent authorities and the Ministry of Industry and Trade; Enterprises not belonging to Economic Groups and Joint Stock Corporations aggregate and report to competent authorities and the Department of Industry and Trade of the province or city where the enterprise's headquarters is located.

Article 5. Responsibilities of enterprises in risk management

1. Establishing the content of risk assessment, including:

a) Identifying hazards;

b) Assessing the level of risk;

c) Control measures to mitigate risks.

2. Risk assessments shall be conducted using quantitative or qualitative methods. In cases where there is no requirement for quantitative risk assessment, enterprises may choose to conduct risk assessments using qualitative methods.

3. Regularly updating the Risk Analysis and Assessment Report (which must be determined, analyzed, and assessed for all projects, production lines, machines, equipment, hazardous substances, etc.) according to specific regulations for each field or every three years for fields without specific regulations.

4. When enterprises experience changes in technology, machines, equipment, scale, production location, or following accidents or incidents, they must reassess risks to align with these changes.

Article 6. Responsibilities of enterprises in emergency response plans

1. Developing an Emergency Response Plan in accordance with the law for each specific field, and it must be consistent with the national emergency response system. The Emergency Response Plan must include at least the following contents:

a) Organizational structure diagram, responsibility levels, reporting system when accidents occur or dangerous situations arise;

b) Communication and reporting diagrams to competent authorities;

c) Internal and external resources available or to be mobilized for effective emergency responses;

d) Records of evaluation results from training and simulation exercises for hypothetical scenarios at the enterprise.

2. Members of the Flood Prevention and Search and Rescue Command Board of the enterprise must be trained on skills and emergency response plans.

3. Establishing an Emergency Incident Response Team (for enterprises required to have one under the law).

Article 7. Responsibilities of enterprises in ensuring safety in production areas

1. Organizing and arranging production areas, machines, and equipment must comply with technical safety standards and relevant regulatory documents.

2. Establishing and protecting safe zones around facilities, machines, and equipment with necessary measures as prescribed by competent authorities and applicable technical standards.

3. Production areas must be equipped with fire detection and gas detection systems in high-risk fire areas, firefighting equipment, fire suppression systems, and appropriate warning signs according to specific field regulations.

4. Fully equipping safety devices and rescue equipment.

5. Production areas must be arranged with escape route diagrams and escape routes.

Chapter III

IMPLEMENTATION

Article 8. Department of Technical Safety and Industrial Environment

The Department of Technical Safety and Industrial Environment under the Ministry of Industry and Trade is responsible for organizing, guiding, inspecting, compiling statistics, and reporting on the implementation of safety work in the industry and trade sector.

Article 9. Department of Industry and Trade

1. Guiding and inspecting the implementation of safety regulations by enterprises in the industry and trade sector within their jurisdiction.

2. Taking the lead and coordinating with related provincial or municipal agencies to inspect and handle violations of laws concerning safety work as prescribed.

3. Compiling statistics and reports from enterprises headquartered within their jurisdiction and reporting to the Ministry of Industry and Trade (Department of Technical Safety and Industrial Environment).

Article 10. Provisions on implementation

1. This Circular takes effect from February 14, 2011.

2. During implementation, if any issues arise or difficulties are encountered, organizations and individuals should report to the Ministry of Industry and Trade for timely review and resolution./.