VIETNAM MINISTRY OF NATIONAL DEFENCE | SOCIALIST REPUBLIC OF VIETNAM |
No. 02/2017/TT-BQP | Hanoi, January 5, 2017 |
CIRCULAR
ON OCCUPATIONAL SAFETY AND HEALTH TRAINING
Pursuant to the Law on Issuance of Legislative Documents dated June 22, 2015;
Pursuant to the Government's Decree No. 44/2016/ND-CP dated May 15, 2016, elaborating on several articles of the Law on Occupational Safety and Health on technical inspection of occupational safety, occupational safety and health training and worksite environment observation;
Pursuant to the Government's Decree No. 35/2013/ND-CP dated April 22, 2013, setting out regulations on functions, tasks, powers and organizational structure of the Ministry of National Defence;
Upon the request of the Director of the General Department of Engineering,
The Minister of National Defence herein promulgates the Circular setting out regulations on occupational safety and health training.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular prescribes and provides detailed instructions on occupational safety and health (OSH) training at the workplace of the Ministry of National Defence, including: Instructions regarding occupational safety and health trainees and courses; organization of OSH training activities and responsibilities of participating units.
Article 2. Subjects of application
1. Commanders (employers); military service members, workers, personnel; employees working under contracts; vocational probationers, trainees, apprentices (employees) at employing entities or enterprises (including enterprises setting up joint venture with foreign partners) under the control of the Ministry of National Defence.
2. Related agencies, units, organizations and persons.
Chapter II
TRAINEES, TRAINING COURSES, GENERAL OSH TRAINING REQUIREMENTS
Article 3. Trainees
1. 1st Group: Persons holding commanding or managerial posts
a) Chief commanders of regiment- and equivalent level units, division- and equivalent-level units; general directors, directors of regiment- and higher-level enterprises;
b) Deputies of units stipulated in point a of clause 1 of this Article who are in charge of OSH activities;
c) Chief engineers and deputy chief engineers of regiment-, division- and equivalent-level units; supervisors or vice supervisors of tactical-, operational- and strategic-level arms, ammunition, chemical and petrol depots.
2. 2nd Group: Persons performing OSH work
a) Officials that units defined in clause 1 of this Article assign as full-timers or part-timers to be in charge of OSH activities;
b) Persons directly supervising OSH at the workplace.
3. 3rd Group: Employees working under stringent conditions concerning OSH in accordance with Appendix I hereto.
4. 4th Group: Employees not in the groups referred to in clause 1, 2, 3 and 5 of this Article (even including foreign employees working at military enterprises; employees working at enterprises entering into joint venture with foreign partners; vocational trainees, apprentices, probationers at employing units; militia and reserve forces when on duty to accomplish national defence and security goals).
5. 5th Group: Persons performing medical work.
6. 6th Group: Persons participating in the network of OSH wardens (hereinafter referred to as OSH wardens).
Article 4. Courses
1. Each training course for trainees in the 1st Group comprises the following topics or modules:
a) Regulatory policy and legal frameworks on OSH of the Ministry of National Defence;
b) Training courses on OSH activities, including: Organization, management and implementation of regulations on OSH at the workplace. Rights and obligations of commanders and employees that arise in OSH activities. Division of OSH responsibilities; delegation of authority over OSH tasks; scope of OSH activities or operations of affiliates of employing units. Basic knowledge about hazards at the workplace; measures for prevention and improvement of work conditions. Workplace OSH culture.
2. Each training course for trainees in the 2nd Group comprises the following topics or modules:
a) Regulatory policy and legal frameworks; legal normative documents on OSH of the Ministry of National Defence;
b) Training courses on OSH activities, including: Organization, management and implementation of regulations on OSH at the workplace. Formulation of internal rules, regulations, regulatory procedures and OSH management measures. Division of responsibilities and rights of commanders and employees that arise in OSH activities. Basic knowledge about hazards at the workplace; measures for prevention and improvement of work conditions. Formulation and execution of annual OSH plans. Analysis and assessment of hazard factors and formulation of emergency response plans. Formulation of OSH management systems; self-inspection; workplace incident investigation. Safety technical inspection; management of machinery, equipment, supplies and substances subject to strict OSH requirements. Training, communication, dissemination of information about OSH and workplace environment observation. First aid or emergency care, occupational disease prevention and control for employees. Competition, rewarding, disciplinary actions, statistics and reporting of OSH practices;
c) Specialized training modules or topics: General knowledge about machinery, equipment, supplies and substances creating hazards; procedures for safe use of machinery, equipment, supplies and substances subject to strict OSH requirements. Basic technical, professional and industry-based knowledge associated with duties of employing entities and enterprises.
3. Each training course for trainees in the 3rd Group comprises the following topics or modules:
a) Regulatory policy and legal frameworks; legal normative documents on OSH of the Ministry of National Defence;
b) Basic OSH knowledge: Regulatory policies and regulations on OSH practices for employees. Basic knowledge about hazards at the workplace; measures for improvement of work conditions. Functions and duties of the network of OSH wardens. Internal OSH rules and regulations; safety signs and signals; use of safety equipment and personal safety equipment; workplace safety culture. First aid skills and practical training in case of occupational incidents that may occur; occupational disease prevention and control.
c) Specialized training modules or topics: General knowledge about machinery, equipment, supplies and substances creating hazards; methods for analysis, assessment and management of risks related to work subject to stringent OSH requirements; safe work procedures; OSH practices related to employees’ specific work.
4. Each training course for trainees in the 4th Group comprises the following topics or modules:
a) Rights and obligations of employers and employees. Regulatory policies and regulations on OSH practices for employees. Basic knowledge about hazards at the workplace; measures for improvement of work conditions. Functions and duties of OSH wardens; safety culture at work. Internal OSH rules and regulations; safety signs and signals; use of safety equipment and personal safety equipment; first aid skills and practical training in case of incidents at work, prevention and control of occupational diseases;
b) Direct worksite training modules: Specific work procedures and requirements concerning OSH practices at workplace.
5. Each training course for trainees in the 5th Group comprises the following topics or modules:
a) Regulatory policy and legal frameworks; legal normative documents on OSH of the Ministry of National Defence;
b) Organization and management structure; implementation of regulations on OSH at the workplace. Division of responsibilities and entitlements regarding OSH activities. Basic knowledge about hazards at the workplace; measures for prevention and improvement of work conditions; safety culture at worksite;
c) Training for certification of occupational health profession: Hazards at workplace; workplace environment observation for assessment of hazards. Preparation of workplace OSH dossiers; common occupational diseases and prevention and control measures. Conduct of occupational disease examination, pre-placement medical examination, preparation of occupational disease inspection dossiers; first aid, emergency care management and skills. Prevention and control of diseases at worksite; food safety; sampling and sample storage procedures. Payment of benefits in kind and nutrition benefits at the workplace. Improvement of workplace health, prevention and control of non-communicable diseases at the workplace. Knowledge, skills and methods for formulation of plans, schemes, and provision of equipment and conditions necessary for implementation of OSH practices. Methods for educational communication of OSH practices; prevention and control of occupational diseases at work. Preparation and management of information about OSH and diseases at the workplace; preparation and management of medical dossiers of employees and patients at work. Liaison with persons in charge of OSH activities or with OSH divisions for accomplishment of related duties.
6. Each training course for trainees in the 6th Group comprises the following topics or modules:
In addition to receiving OSH training courses designed for the group to which they belong, employees participating in the network of OSH wardens may have access to complementary training in working skills and methods of OSH wardens.
Article 5. Initial training required duration
1. The required minimum duration of the initial training courses for the 1st Group and 4th Group must be 16 hours, including test duration.
2. The required minimum duration of the initial training courses for the 2nd Group must be 48 hours, including theoretical, practical training and test duration.
3. The required minimum duration of the initial training courses for the 3rd Group must be 24 hours, including test duration.
4. The required minimum duration of the initial training courses for the 5th Group must be 56 hours, including test duration. This required minimum duration must be divided into at least 40 hours' training for certification of occupational health profession, and at least 16 hours' training in OSH.
5. The required minimum duration of the initial training courses for the 6th Group must be 4 hours, regardless of duration of OSH training modules in which group members have already been trained.
Article 6. OSH knowledge sharing sessions, OSH skill training courses and periodic training
1. Training providers or self-training organizers shall, based on the framework curriculum released by the Minister of National Defence, design their training curriculums and syllabuses meeting actual demands.
2. OSH knowledge sharing sessions, OSH skill training courses and periodic training shall be subject to Article 21 in the Government's Decree No. 44/2016/ND-CP dated May 15, 2016, elaborating on several articles of the Law on Occupational Safety and Health in terms of technical inspection of occupational safety, occupational safety and health training and worksite environment observation (hereinafter referred to as Decree No. 44/2016/ND-CP).
3. Training courses must stay closely connected with actual conditions to meet specific requirements concerning military operations.
Chapter III
ORGANIZATION OF OSH TRAINING
Article 7. Standards for OSH trainers
1. Qualified trainers must meet professional qualification standards prescribed in Article 22 in the Decree No. 44/2016/ND-CP.
2. Regarding political standards, eligible trainers must have clear biodata; must be healthy to serve in the military; must have good moral conduct; must have strong political beliefs; must be ready to take on all assigned tasks.
3. They must work in a consecutive manner and obtain confirmation from competent agencies at the regiment, equivalent or higher level.
Article 8. Management of certification of completion of OSH course, issuance of occupational safety cards and certification of occupational health profession
1. Certification of completion of OSH course and issuance occupational safety cards shall be managed according to point a of clause 1 and point a of clause 2 of Article 24 in the Decree No. 44/2016/ND-CP.
The sample certificate of completion of OSH course is given in Appendix III hereto; the sample occupational safety card is given in Appendix IV hereto.
3. Regarding certification of occupational health profession
a) Certification of occupational health profession shall be subject to clause 3 of Article 24 in the Decree No. 44/2016/ND-CP;
b) The Military Institute for Preventive Medicine/Directorate of Military Medicine; Southern Military Center for Preventive Medicine/ Directorate of Military Medicine must confer certificates of occupational health profession upon trainees in occupational health specialization after these trainees pass the test;
c) The sample certificate of occupational health profession is shown in Appendix V hereto.
4. Logbooks of trainees in the 4th Group
a) Commanders of at least regiment- or equivalent-level military units must record Group-4 trainees’ performance in the training logbooks kept at the workplace;
b) Trainee logbooks shall be created by using Form No. 03 of Appendix VI hereto.
5. Training providers, agencies or units qualified for self-training must keep logbooks of certification of completion of OSH course, issuance of occupational safety cards and certification of occupational health profession by completing Form No. 01 and 02 of Appendix VI hereto.
Article 9. Issuance or certification time limits and validity period
1. Each certificate of completion of OSH course or occupational safety card lasts for 02 years. Each certificate of occupational health profession lasts for 05 years.
2. Within 30 days before expiry thereof, commanders of employing units of trainees must prepare the list of issuees or holders, enclosing the report on trainee's performance or documents evidencing their updated skills and knowledge about OSH, as provided in Article 6 herein for submission to authorized training providers according to issuance and certification regulations in force. When passing the test, trainees are granted certificates of completion of OSH course, occupational safety cards, certificates of occupational health profession in accordance with Article 11 herein; when failing the test, the written notification must be sent to their employing units to get them to be trained again for retake.
Article 10. Classification of training providers and conditions for certification of conformance to OSH training regulations
Classification of training providers and conditions for certification of conformance to OSH training regulations shall be subject to Article 26 in the Decree No. 44/2016/ND-CP.
Article 11. Authority over, application requirements and procedures for issuance, reissuance, renewal or revocation of certificates of conformance to OSH training regulations; recognition as medical establishments fully qualified for training for certification of occupational health profession
1. Authority over, application requirements and procedures for issuance, reissuance, renewal or revocation of certificates of conformance to OSH training regulations; recognition as medical establishments fully qualified for training for certification of occupational health profession are prescribed in Article 27 in the Decree No. 44/2016/ND-CP.
2. The General Department of Engineering shall cooperate with competent authorities on organizing training courses for issuance, reissuance, renewal or revocation of certificates of conformance to OSH training regulations Grade-B and Grade-C for requesting units in accordance with clause 1 of this Article.
3. The Directorate of Military Medicine shall cooperate with competent authorities on organizing training courses for issuance, reissuance, renewal or revocation of certificates of occupational health profession for requesting units qualified for provision of training courses for certification of occupational health in accordance with clause 1 of this Article.
4. Application requirements and procedures for issuance, reissuance or renewal of certificates of conformance to occupational safety and hygiene training regulations of training providers; recognition as medical establishments fully qualified for training for certification of occupational health profession shall be subject to clause 1, 2 and 3 of Article 26 in the Decree No. 44/2016/ND-CP.
5. Procedures for issuance, reissuance or renewal of certificates of conformance to OSH training regulations:
Applicants for issuance, reissuance or renewal of certificates of conformance to OSH training regulations must prepare one set of application documents specified in clause 2 of this Article for submission to the General Department of Engineering with respect to their OSH training courses; to the Directorate of Military Medicine under the Ministry of National Defence with respect to their occupational health training courses in order to serve the purpose of carrying out the pre-certification inspection of conformance to training regulations;
Applications for renewal of the certificate of conformance to training regulations must be sent to competent authorities no later than 30 days before the expiry date specified in the certificate;
Within 30 working days of receipt of all valid applications, competent authorities must carry out the pre-certification inspection and issue the certificate of conformance to training regulations. In case of rejection, the written notice of such rejection, clearly stating reasons for rejection, must be sent to the applicant.
6. Steps in announcing medical establishments fully qualified for training in certification of occupational health profession:
Before each training course for certification of occupational health profession takes place, medical establishments must submit the documents included in the written request package for announcement of conformance to requirements for eligibility for certification of occupational health profession to the Directorate of Military Medicine; the documents included in the written request package are specified in clause 4 of this Article;
Within 30 days of receipt of all required documents, the Directorate of Military Medicine reviews the submitted documents and issues its decision on announcement of medical establishments fully qualified for training in certification of occupational health profession; in case of failure to meet training regulations, the written response, including clear reasons for such failure, must be sent.
7. Regarding self-training units
a) Commanders of at least regiment- or equivalent-level military units are in charge of organizing training courses and take their sole responsibility for ensuring training quality, issuing occupational safety cards to Group-3 trainees in accordance with law, recording course outcomes of Group-4 trainees in the trainee logbooks at the workplace according to training types;
b) Procedures for consideration and assessment of eligibility for provision of training courses of OSH self-training units:
Units applying for permission for OSH self-training prepare a set of documents evidencing their conformance to training regulations stated in clause 4 of this Article for submission to competent authorities in accordance with regulations in force;
Within 30 days of receipt of all valid documents, competent authorities shall review these documents and notify requesting units of any flaws causing them not to conform to regulatory requirements;
After expiry of the 30-day duration, if competent authorities do not send any notification of failure to meet regulatory requirements for eligibility for provision of training courses, applicants may organize the permitted self-training courses;
5 years after the completed assessment of conformance to training regulations, applicants for self-training permission must send application to competent authorities to seek their consent to re-assessment of conformance to training regulations if they wish to extend permission for provision of self-training courses.
8. Sample and validity duration of the certificate of conformance to OSH training regulations that is issued, reissued or renewed:
a) The certificate of conformance to OSH training regulations is issued by the General Department of Engineering by completing the Form No. 01 of Appendix VIII hereto; the certificate of conformance to OSH training regulations is issued by the Engineering Authority or the Administration for Occupational Safety and Health affiliated to the Ministry of National Defence by completing the Form No. 02 of Appendix VIII hereto.
b) Validity duration of the certificate of conformance to OSH training regulations must be 05 years if it is issued or renewed. In case of reissuance of the certificate of conformance to OSH training regulations, the validity period of the reissued certificate is the remaining validity period of the preexisting certificate.
9. The certificate of conformance to OSH training regulations shall be revoked if the training provider issuing such certificate violates regulations of this Circular during the training process.
Article 12. Decentralization in organization of OSH training
1. Units directly controlled by the Ministry of National Defence shall act as the managing agencies:
a) The commander of a unit directly controlled by the Ministry of National Defence are vested with authority to provide training courses and grant the certificate of completion of OSH training course to trainees in the 1st, 2nd and 5th Group that work for its subordinates;
b) Department of Engineering or the Administration for Occupational Safety and Health of a unit directly controlled by the Ministry of National Defence is accorded authority to provide training courses and grant the certificate of completion of OSH training course to other trainees in the 1st, 2nd, 5th and trainees in the 6th Group that work for local units ranked as high as regiments and equivalents;
c) Department of Military Medicine is authorized to take charge of cooperating with the relevant competent authority on providing training courses and grant the certificate of occupational health profession to trainees in the 5th Group.
2. The commander of at least regiment- or equivalent-level military unit is accorded authority to provide training courses and issue occupational safety cards to trainees in the 3rd Group, and record Group-4 trainees’ performance in the training logbooks kept at the workplace.
3. The General Department of Engineering shall be authorized to provide training courses involving the whole military: Update and propagate regulatory policy and legal framework and legal normative documents on OSH of the Ministry of National Defence. Update and disseminate information about the scope of OSH-related activities and basic OSH knowledge. Train in and provide updated general knowledge of machines, equipment, supplies and substances creating hazards; risk analysis, assessment and management methods related to machines, equipment, supplies and substances, as well as stringent OSH requirements.
4. The Directorate of Military Medicine/the Ministry of National Defence shall be accorded authority to organize training courses involving the whole military: Update and propagate regulatory policy and legal framework and legal normative documents on OSH of the Ministry of National Defence. Update and disseminate information about the scope of OSH-related activities and basic OSH knowledge. Train in and provide updated knowledge about workplace environment observation and assessment; knowledge, skills and methods for formulation of plans, schemes, and provision of equipment and conditions necessary for implementation of OSH practices; Train in and provide updated information about methods for educational communication of OSH practices; prevention and control of occupational diseases at work. Train in and provide updated information about work environment, common occupational diseases and measures for prevention and control of occupational diseases; first aid, emergency care and disease management skills; management of OSH and occupational disease information at work; management of health dossiers of employees and health dossiers of patients suffering occupational diseases.
Article 13. Trainee benefits and training budget
1. Period of participation in training courses of trainees referred to in Article 2 herein shall be counted as working hours, enable them to have access to full payment of wages, salaries and other Government and Military-funded benefits; if trainees are employees working under contracts, vocational trainees, apprentices or probationers, benefits to be applied during the OSH training period must conform to contractual terms and conditions.
2. Provision of training courses, printing of the certificates of completion of OSH training course, occupational safety cards and certificates of occupational health profession shall be funded by recurrent expenditures of budgetary units; for accounting or economic entities, training costs and expenses shall be recorded in the accounts of product costs or product circulation costs.
3. Commanders of military units or enterprises (briefly called employers) may be entitled to OSH training budgets when complying with law on insurance against occupational incidents and diseases, and OSH training and employees participating in training courses whose periods of payment of contributions to occupational accident or disease insurance plans are legally prescribed.
Chapter IV
RESPONSIBILITIES OF INVOLVED UNITS
Article 14. Responsibilities of the General Department of Engineering
1. Take charge of training, guiding, managing and directing all of military units towards implementation of this Circular.
2. Inspect, examine and supervise OSH training activities in the whole military; detect and propose sanctions against violations.
3. Lead cooperation with the social insurance agency under the Ministry of National Defence on providing specific instructions about dossiers and procedures for payment of benefits for trainees in the whole military that participate in OSH training activities.
4. Lead cooperation with competent authorities under the Ministry of National Defence on settlement of complaints and claims related to OSH training practices.
5. Prepare periodic preliminary and final review reports on performance related to OSH training activities for submission to the management of the Ministry of the Ministry of National Defence.
Article 15. Responsibilities of Department of Military Training/General Staff
1. Cooperate with the General Department of Engineering on ensuring consistency and unity of OSH training courses, types and durations of training courses intended for trainees specified in Article 2 herein who are employed by military units ready to deploy.
2. Review regulatory documents on training for readiness for engagement in combats; report on supplements to OSH activities in case of omission to the Chief of the General Staff of Vietnam People’s Army in order to give instructions and guidance on uniform implementation thereof in the whole military.
Article 16. Responsibilities of commanders of units directly affiliated to the Ministry of National Defence
1. Provide propagation sessions on implementation of this Circular for local units under their authority.
2. Organize OSH training courses; direct engineering, military medicine and other competent authorities and commanders of units under their jurisdiction to organize OSH training sessions under Article 12 herein.
3. Instruct financial authorities to estimate OSH-related costs and expenses; to fund, pay or settle costs and expenses incurred as financial support for OSH activities.
4. Conduct the inspection and supervision of OSH training activities occurring at their subordinate units.
5. Submit six-monthly and full-year update reports on progress and performance related to OSH training activities to the Ministry of National Defence (via the General Department of Engineering).
Article 17. Responsibilities of local units
1. Annually, regiment-, equivalent- or higher-level units, enterprises and public service units are required to prepare OSH training plans provided for trainees defined in Article 3 and carry out these plans to organize OSH training courses as provided in clause 2 of Article 12 herein. Each training plan needs to clarify training curriculums, the number of trainees in group, trainers, training documents, time, budget and facilities necessary for training activities.
2. Prepare logbooks of OSH training activities by completing the Form shown in Appendix VI hereto. All trainee logbooks, training documents and test answer sheets must be kept at their office, and provided where required.
3. If regiment-, equivalent- or higher-level units, enterprises and public service units falling within the same area of responsibility of a managing agency under the Ministry of National Defence have their functions and duties, or the nature of their duties is, subject to the similar OSH requirements, they may cooperate with each other, or other agencies or units in local areas where there are trainers fully meeting the standards specified in Article 7 for provision of specific training courses, or with units receiving certificates of conformance to OSH training regulations under Article 11 herein, on organizing training courses designed for specific groups of trainees working for the former.
4. Where units receive transferees from other units to work, receiving units must clearly differentiate responsibilities of commanders of units sending their personnel for organizing OSH training courses; must closely check and supervise implementation and be responsible for ensuring OSH protection for transferees.
5. Where there are external persons making inspection or apprenticeship visits or field trips to units under discussion, depending on OSH requirements, commanders of these units shall be responsible for training and guiding them. After being trained or guided, persons who are trained or guided must sign their name in the OSH training logbooks.
6. Each year, regiment-, equivalent- or higher-level units, enterprises or public service units (depending on their delegated authority and assigned duties) must submit reports containing the lists of personnel subject to strict OSH requirements and OSH training progress to units under the Ministry of National Defence (via the Department of Engineering or the authority for OSH).
7. Regiment-, equivalent- or higher-level units shall make cost estimates, use expenditures and settle costs and expenses for OSH training activities in accordance with regulations in force.
Chapter V
IMPLEMENTATION PROVISIONS
Article 18. Transition provisions
Certificates of conformance to OSH training regulations or certificates of OSH training profession that were issued under the Circular No. 143/2014/TT-BQP dated October 22, 2014 before the entry into force of this Circular shall continue to be valid according to the validity periods specified in these certificates.
Article 19. Entry into force
This Circular is entering into force as from February 20, 2017 as a replacement for the Circular No. 143/2014/TT-BQP dated October 22, 2014 of the Minister of National Defence on OSH training in the military.
Article 20. Implementation responsibilities
1. The Director of the General Department of Engineering; heads of relevant agencies or units shall be responsible for implementing this Circular.
2. In the course of implementation of this Circular, if there is any issue that arises, entities and persons should promptly report to the Ministry of National Defence (via the General Department of Engineering) to seek its consent to possible actions to be taken./.
| PP. MINISTER |
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