Thông tư 16/2017/TT-BLĐTBXH hướng dẫn hoạt động kiểm định kỹ thuật an toàn lao động đối với máy, thiết bị, vật tư có yêu cầu nghiêm ngặt về an toàn lao động do Bộ trưởng Bộ Lao động – Thương binh và Xã hội ban hành

CIRCULAR

DETAILING A NUMBER OF CONTENTS ON TECHNICAL INSPECTIONS OF OCCUPATIONAL SAFETY OF MACHINES, EQUIPMENT, AND SUPPLIES SUBJECT TO STRICT OCCUPATIONAL SAFETY REQUIREMENTS

Pursuant to the Law on Occupational Safety and Hygiene dated June 25, 2015;

Pursuant to Decree No. 14/2017/ND-CP dated February 17, 2017 of the Government on functions, duties, entitlements, and organizational structure of the Ministry of Labor – War Invalids and Social Affairs; 

Pursuant to the Government’s Decree No. 44/2016/ND-CP dated May 15, 2016 on detailing a number of Articles of the Law on occupational safety and hygiene for technical inspections of occupational safety, training of occupational safety and hygiene, and monitoring of occupational environment;

At the request of the Director of the Department of Work Safety,

The Minister of Labor - War Invalids and Social Affairs promulgates the Circular on detailing a number of contents on technical inspections of occupational safety of machines, equipment, and supplies subject to strict occupational safety requirements.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for a number of measures to manage and implement technical inspections of occupational safety; forms, contents, programs, and organizations of training, advanced training, examinations for professional inspections of machines, equipment, and supplies subject to strict occupational safety requirements under the management of the Ministry of Labor – War Invalids and Social Affairs; application of information technology in technical inspections of occupational safety.

Article 2. Regulated entities

1. Organizations of carrying out technical inspections of occupational safety;

2. Inspectors of machines, equipment, and supplies subject to strict occupational safety requirements under the management of the Ministry of Labor – War Invalids and Social Affairs;

3. Organizations and individuals using machines, equipment, and supplies subject to strict occupational safety requirements;

4. Other organizations and individuals related to technical inspections of occupational safety; organizations and individuals that provide training, advanced training, and examinations for technical inspections of occupational safety under the management of the Ministry of Labor – War Invalids and Social Affairs.

Article 3. Management of technical inspections of occupational safety

The Ministry of Labor – War Invalids and Social Affairs hereby appoints the Department of Work Safety (DWS) to preside over the management of technical inspections of occupational safety.

Chapter II

TRAINING, ADVANCED TRAINING, AND EXAMINATIONS FOR TECHNICAL INSPECTIONS OF OCCUPATIONAL SAFETY FOR MACHINE, EQUIPMENT, AND SUPPLIES SUBJECT TO STRICT OCCUPATIONAL SAFETY REQUIREMENTS UNDER THE MANAGEMENT OF THE MINISTRY OF LABOR – WAR INVALIDS AND SOCIAL AFFAIRS

Article 4. Training and advanced training in technical inspections of occupational safety

1. An individual who graduated from a university specialized in technique and has not been issued an inspector's certificate or has his/her inspector's certificate revoked shall be eligible for training in technical inspections of occupational safety;

2. An inspector shall be eligible for advanced training in technical inspections of occupational safety. An inspector shall participate in the advanced training course in technical inspections of occupational safety at least once in 36 months.

Article 5. Contents and programs of training and advanced training in technical inspections of occupational safety

1. The content of training in technical inspections of occupational safety includes:

a) General theory: the system of legal documents on inspection; methods of assessing risks of machines and equipment subject to strict occupational safety requirements; instructions on how to safely use measuring equipment and tool for technical inspections;

b) Professional theory: principles of equipment structure and operation; national standards of techniques; procedures for technical inspections of occupational safety for each inspection subject;

c) Practice: conduct inspections of equipment in accordance with inspection procedures; use measuring equipment; inspect tools for inspection.

2. The content of advanced training in technical inspections of occupational safety includes: updates of legal documents related to inspection; National Technical Regulations; inspection procedures; information about state management of technical inspections of occupational safety nationwide.

3. The framework program for training and advanced training in technical inspections of occupational safety is provided in Appendix I promulgated with this Circular.

Article 6. Making of plans and selection of units that organize training and advanced training in technical inspections of occupational safety

1. DWS shall organize the training and advanced training in technical inspections of occupational safety; select units that provide training and advanced training; inspect and supervise the training and advanced training in technical inspections of occupational safety; recognize the examination result of training and advanced training in technical inspections of occupational safety.

2. The unit selected to provide training and advanced training in technical inspections of occupational safety shall:

a) be an organization that has an unexpired certificate of eligibility for training in occupational safety and hygiene;

b) Have developed plans for organizing training and advanced training courses for technical inspections of occupational safety that meet requirements prescribed in Clause 3 of this Article;

c) Fulfill the responsibilities prescribed in Article 11 of this Circular.

3. Plans for organizing training and advanced training courses for technical inspections of occupational safety include:

a) Expected time and location of training and advanced training courses for technical inspections of occupational safety;

b) Estimated number of learners;

c) Programs and contents of the training and advanced training;

d) A list of teachers participating in the training and advanced training in technical inspections of occupational safety (enclosed with their scientific résumé).

dd) Plans for organization of examinations and recommendation of members of the Examination Board according to the content and program of training and advanced training in technical inspections of occupational safety prescribed in Appendix I promulgated with this Circular;

e) Documents, textbooks for training, and test banks that are suitable for the content and program of training and advanced training in technical inspections of occupational safety in accordance with regulations prescribed in Appendix I promulgated with this Circular.

Article 7. Examination Board for technical inspections of occupational safety

1. The Head of DWS shall decide on the establishment of the Examination Board for technical inspections of occupational safety.

2. The Examination Board for technical inspections of occupational safety shall have at least 5 members who are representatives of DWS and the unit assigned to organize the training with the head of DWS as the President of the Board.

3. The Examination Board for technical inspections of occupational safety shall organize the examination of the training and advanced training course in technical inspections of occupational safety.

4. The Examination Board for technical inspections of occupational safety shall:

a) Approve the list of learners eligible for examinations in accordance with regulations prescribed in Clause 1 Article 9 of this Circular;

b) Develop and adjust tests suitable for the learners;

c) Establish examination marking teams;

d) Recapitulate examination results and report them to DWS for consideration of recognition.  The form of examination reports of the training and advanced training course in technical inspections of occupational safety is included in Appendix II promulgated with this Circular.

dd) Recapitulate comments on the organization, program, and procedures, report them to DWS, and handle issues that arise during the examination.

Article 8. Examination marking teams of the training and advanced training in technical inspections of occupational safety

1. An examination marking team shall have at least 2 members marking theory scores and 3 members marking practice scores including experts with 5 or more years of experience in designing, manufacturing, operating, inspecting, and certifying machines, equipment, and supplies subject to strict occupational safety requirements; representatives of state management agencies on occupational safety.

2. The examination marking team shall:

a) Ask, mark, recapitulate, and report the examination result to the Examination Board for technical inspections of occupational safety;

b) Request the Examination Board for technical inspections of occupational safety to timely adjust errors in tests.

Article 9. Examinations of technical inspections of occupational safety

1. Learners may participate in the examination if they participate their class at least 80% of the duration of the training and advanced training program.

2. The form and content of the examination for the training course in technical inspections of occupational safety

a) Theory test: Learners shall take paper-based tests in the form of multiple choice. The content includes the general theory and the theory of a subject corresponding to the registered content.

b) Practice test: Learners shall take practice tests for direct inspection of inspection subjects or simulation software according to the procedure for inspection and handling of inspection results on registered inspection subjects.

3. Regarding the advanced training course in technical inspections of occupational safety, learners shall take paper-based tests in the form of multiple choice.

4. Learners participating in the training course in technical inspections of occupational safety may take a 2nd theory or practice test if the 1st test does not meet the requirement. The Examination Board shall decide the time and location. Learners who fail the 2nd test shall attend the professional training course again regarding unsatisfactory content.

Article 10. Recognition of examination results of technical inspections of occupational safety

1. The Head of DWS shall decide on the recognition of examination results at the request of the President of the Examination Board for technical examinations of occupational safety.

2. Learners who score at least 70/100 in the practice, theory test in the training and advanced training program will satisfy the examination requirement for technical inspections of occupational safety.

3. The unit that organizes training and advanced training in technical inspections of occupational safety shall issue certificates of completion of the training or advanced training course in technical inspections of occupational safety for qualified learners.  The form of certificates of completion of the training or advanced training course in technical inspections of occupational safety is included in Appendix III promulgated with this Circular.

Article 11. Responsibilities or units providing training and advanced training in technical inspections of occupational safety

1. Publicly collect training, advanced training fees and be responsible for refunding such fees if the unit does not provide training as per regulation of this Circular.

2. Satisfy requirements in the approved plan during the organization of training, advanced training in technical inspections of occupational safety. In case of changes to the plan, timely notify DWS for consideration of issuing decisions.

3. Comply with regulations on training, advanced training, and examination for technical inspections of occupational safety promulgated by DWS.

4. Prepare sufficient physical facilities and personnel and ensure security and safety during theory tests and practice tests.

5. Store documents related to training and advanced training courses in accordance with the law.

Chapter III

A NUMBER OF MEASURES TO MANAGE AND IMPLEMENT TECHNICAL INSPECTIONS OF OCCUPATIONAL SAFETY

Article 12. A number of measures to manage and implement technical inspections of occupational safety

1. Ministries shall, within their entitlements prescribed in Clause 7 Article 42 of Decree No. 44/2016/ND-CP, send physical reports on the performance of the inspection of machines, equipment, and supplies subject to strict occupational safety requirements according to the form prescribed in Appendix IV promulgated with this Circular or send electronic reports to the database software on technical inspections of occupational safety.

2. Organizations or individuals using machines, equipment, and supplies subject to strict occupational safety requirements shall check information and select eligible organizations to carry out technical inspections of occupational safety; check inspector’s cards or certificates to ensure inspectors are qualified to conduct inspections.

3. Aside from regulations prescribed in Article 15 and Article 44 of Decree No. 44/2016/ND-CP, organizations that provide technical inspections of occupational safety shall:

a) Affix inspection stamps or display inspection information on subjects passing the inspection in conspicuous and legible positions. Inspection stamps may be enlarged or reduced consistent with the size of inspection subjects. Ensure information on such stamps are recognizable to naked eyes and ensure that they do not fade or peel away during use

b) Conclude contracts with inspectors to conduct technical inspections of occupational safety; issue inspector’s cards of technical inspections of occupational safety for inspectors working at the organization. The form of the inspector’s card is included in Appendix V promulgated with this Circular.

4. Contents of application of information and technology in the management of technical inspections of occupational safety:

a) Public services in the field of technical inspections of occupational safety;

b) Development of database software for management of technical inspections of occupational safety;

c) Electronic reports on performance of the inspection of machines, equipment, and supplies subject to strict occupational safety requirements;

d) Disclosure of information on organizations eligible to conduct occupational safety inspections.

Article 13. Development of database software for management of technical inspections of occupational safety

1. DWS shall develop, update, and manage the database software for technical inspections of occupational safety. Provide guidelines and data to Local Departments of Labor – War Invalids and Social Affairs for them to manage technical inspections of occupational safety in their areas.

2. From the date the database software on technical inspections of occupational safety is officially put into operation, the organization that conducts technical inspections of occupational safety shall implement such software in its operations to update the database on technical inspections of occupational safety.

Article 14. Disclosure of information on organizations eligible to conduct occupational safety inspections

DWS shall disclose organizations eligible to conduct technical inspections of occupational safety; suspension or revocation of certificates of eligibility for operations of organizations that conduct technical inspections of occupational safety; the list of inspectors for technical inspections of occupational safety on http://antoanlaodong.gov.vn.

Article 15. Online public services in the field of technical inspections of occupational safety under the management of the Ministry of Labor – War Invalids and Social Affairs

1. DWS shall develop and uniformly manage the online public service software for issuance, re-issuance, and extension of certificates of eligibility for technical inspections of occupational safety; issuance and re-issuance of inspector’s certificates and other online public services related to technical inspections of occupational safety

2. Organizations and individuals apply for issuance, re-issuance, or extension of certificates of eligibility for technical inspections of occupational safety; issuance or re-issuance of inspector’s certificates online. DWS shall develop procedures for handling applications sent through online public service applications.

Chapter IV

IMPLEMENTATION

Article 16. Departments of Labor – War Invalids and Social Affairs shall:

1. Cooperate with related agencies in disseminating and providing guidelines for facilities using inspection subjects and inspection organizations operating in their areas to implement this Circular.

2. Receive written declarations on the use of inspection subjects of organizations and individuals in the managing area. Issue declaration certificates according to the form prescribed in Appendix VI promulgated with this Circular for declarants within 5 days from the full receipt of declaration sheets on the use and copies of certificates of equipment inspection results.

3. Inspect operations of technical inspections of occupational safety, including operations of organizations that provide services of technical inspections of occupational safety in the area.

4. Impose administrative penalties and requires competent authorities to revoke certificates of eligibility for technical inspections of occupational safety and inspector's certificates regarding cases prescribed in Article 8 and Article 14 of Decree No. 44/2016/ND-CP.

5. Notify DWS when imposing penalties, suspending operations, or revoking certificates of eligibility for technical inspections of occupational safety of inspection organizations.

6. Annually recapitulate and submit reports on the performance of declaration of use and technical inspections of occupational safety of machines, equipment, and supplies subject to strict occupational safety requirements in the area to DWS before January 1 of the following year or when requested.

Article 17. Department of Work Safety and Ministry of Labor – War Invalids and Social Affairs shall:

1. Develop, promulgate, and apply regulations on the organization of training, advanced training, and examinations for technical inspections of occupational safety.

2. Regularly, periodically, and irregularly inspect and supervise technical inspections of occupational safety, including operations of organizations that provide services of technical inspections of occupational safety according to their entitlements.

3. Annually recapitulate and submit reports on the performance of technical inspections of occupational safety nationwide to the Minister of Labor – War Invalids and Social Affairs before January 15 of the following year.

Article 18. Entry into force

1. This Circular comes into force as of August 22, 2017.

2. Difficulties that arise during the implementation of this Circular shall be reported to the Ministry of Labor - War Invalids and Social Affairs for study and settlement./.

APPENDIX I.

TRAINING AND ADVANCED TRAINING PROGRAM FOR TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY
(Promulgated with Circular No. 16/2017/TT-BLDTBXH dated June 8, 2017 of the Minister of Labor – War Invalids and Social Affairs)

1. Training program for technical inspections of occupational safety

*Notes:  1 theory learning session = 45 minutes; 1 practice session = 60 minutes

2. Advanced training program for technical inspections of occupational safety

Depending on requirements for advanced training in technical inspections of occupational safety, apply one of the following programs:

2.1. Common advanced training program:

Content:

- Update on new contents on the legal document system related to technical inspections of occupational safety; technical standards; inspection procedures. Changes in related technical standards.

- Update on information and experience on technical inspections of occupational safety nationwide.

The duration of an advanced training program for technical inspection of occupational safety is 16 learning sessions, including theory tests.

2.2. Special advanced training program:

a) Content: Apply the same as the common advanced training program with an addition of practices to meet the requirements for innovation of inspection procedures or new requirements of inspection subjects.

b) Duration: Apply the same as the common advanced training program with an addition of practice time and tests.

APPENDIX II.

FORM OF REPORT ON TEST RESULTS OF TRAINING OR ADVANCED TRAINING COURSE IN TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY
(Promulgated with Circular No. 16/2017/TT-BLDTBXH dated June 8, 2017 of the Minister of Labor – War Invalids and Social Affairs)

REPORT

Examination results of the training (or advanced training) course in technical inspections of occupational safety

1. INFORMATION ON TRAINING (OR ADVANCED TRAINING) COURSE IN TECHNICAL INSPECTIONS OF OCCUPATIONAL SAFETY

- Programs and contents of the training (or advanced training).

- The estimated total number of learners and the number of learners in reality according to each subject (with a list).

- Location and time.

- Other contents………….

2. RESULTS OF TRAINING (OR ADVANCED TRAINING) COURSE IN TECHNICAL INSPECTIONS OF OCCUPATIONAL SAFETY

- Subject……: number of learners…….; number of leaners eligible for examinations…….; number of qualified learners: ……..

- Subject……: number of learners…….; number of leaners eligible for examinations…….; number of qualified learners: ……..

A detailed list of examination results of learners is enclosed herewith

3. SUGGESTIONS AND RECOMMENDATIONS

THE DETAILED LIST OF EXAMINATION RESULTS OF LEARNERS

1. Subject results ....

2. Subject results ....

…

APPENDIX III.

FORM OF CERTIFICATE OF COMPLETION OF TRAINING OR ADVANCED TRAINING COURSE IN TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY
(Promulgated with Circular No. 16/2017/TT-BLDTBXH dated June 8, 2017 of the Minister of Labor – War Invalids and Social Affairs)

Form No. 1. Form of certificate of completion of training course in technical inspections of occupational safety.

Form No. 2. Form of certificate of completion of advanced training course in technical inspections of occupational safety.

Form No. 1. Form of certificate of completion of training course in technical inspections of occupational safety.

Full name: ..................................................................................... Male, Female:…………

Date of birth: …………………., Place of birth......................................................................

Nationality: …………………., Number of ID card/Citizen Card/passport ............................

Workplace: .........................................................................................................................

Position:...............................................................................................................................

Has completed the training course in technical inspections of occupational safety of inspection subjects: 

..............................................................................................................................................

Organized from date to date.

Form No. 2. Form of certificate of completion of advanced training course in technical inspections of occupational safety

Mr./Mrs.: ..............................................................................................................................

Date of birth: …………………., Place of birth......................................................................

Male, Female:......................................................................................................................

Nationality: .......................................... Number of ID card (passport) ..............................

Workplace: ....................................................................................................................

Position: …………………….. Inspector number:…………………………………………..

Has completed the advanced training course in technical inspections of occupational safety organized from date to date, location.

APPENDIX IV.

FORM OF REPORT ON THE PERFORMANCE OF INSPECTIONS OF MACHINES, EQUIPMENT, AND SUPPLIES SUBJECT TO STRICT OCCUPATIONAL SAFETY REQUIREMENTS
(Promulgated with Circular No. 16/2017/TT-BLDTBXH dated June 8, 2017 of the Minister of Labor – War Invalids and Social Affairs)

REPORT

On the performance of inspections of machines, equipment, and supplies subject to strict occupational safety requirements

I. Assessment of the performance of inspections of machines, equipment, and supplies subject to strict occupational safety requirements 20...

1. Performance of the development of legal documents related to the management of machines, equipment, and supplies subject to strict occupational safety requirements under their management

2. The number of inspected machines, equipment, and supplies subject to strict occupational safety requirements (total number of machines and equipment inspected for the first time or periodically; the number of machines and equipment that meet or fail to meet requirements and reasons)

3. Performance of the issuance, re-issuance, or extension of certificates of eligibility for technical inspections of occupational safety (with a list)

4. Performance of the issuance, re-issuance, or extension of inspector’s certificates for technical inspections of occupational safety (with a list).

5. Performance of the inspection of technical inspections of occupational safety under their management

6. Occupational accidents related to machines and equipment subject to strict occupational safety requirements

II. Difficulties during the implementation of inspections of machines, equipment, and supplies subject to strict occupational safety requirements

APPENDIX V.

FORM OF INSPECTOR’S CARD
(Promulgated with Circular No. 16/2017/TT-BLDTBXH dated June 8, 2017 of the Minister of Labor – War Invalids and Social Affairs)

(FRONT SIDE)

(No.: Write the number specified in the inspector's certificate)

(BACK SIDE)

(Card size: 86mm x 54mm)

APPENDIX VI.

FORM OF DECLARATION CERTIFICATE
(Promulgated with Circular No. 16/2017/TT-BLDTBXH dated June 8, 2017 of the Minister of Labor – War Invalids and Social Affairs)

DECLARATION CERTIFICATE

ON THE USE OF MACHINES, EQUIPMENT, AND SUPPLIES SUBJECT TO STRICT OCCUPATIONAL SAFETY REQUIREMENTS

1. Name of the declarant: ...................................................................................

2. Address: .........................................................................................................................

3. Phone number: …………………………… 4. Fax:............................................ 5. Email:

This is to certify that the above-mentioned organization/individual has declared the use of machines, equipment, and supplies subject to strict occupational safety requirements according to the declaration sheet dated…. signed by Mr./Mrs. …………………../.

(1) A verifier is a legal representative of the Department of Labor – War Invalids and Social Affairs such as the Head of the Department; the Head of the Division or Department or an assigned specialist depending on regulations on decentralization of the Department of Labor – War Invalids and Social Affairs. 

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