Circular No. 27/2021/TT-BLDTBXH dated December 28, 2021 on detailed guidelines for the content, program, and organization of advanced training, examinations for professional assessment of occupational safety and hygiene, exemption of learnt training content for experts who assess occupational safety and........

CIRCULAR

DETAILED GUIDELINES FOR THE CONTENT, PROGRAM, AND ORGANIZATION OF ADVANCED TRAINING, EXAMINATIONS FOR PROFESSIONAL ASSESSMENT OF OCCUPATIONAL SAFETY AND HYGIENE, EXEMPTION OF LEARNT TRAINING CONTENT FOR EXPERTS WHO ASSESS OCCUPATIONAL SAFETY AND HYGIENE; GUIDELINES ON HOW TO CACULATE THE FREQUENCY OF OCCUPATIONAL ACCIDENTS AND SOME IMPLEMENTATION MEASURES

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 Decree No. 58/2020/ND-CP dated May 27, 2020 of the Government on the detailed rates of compulsory insurance contributions to the occupational accident and disease benefit fund;

At the request of the Director of the Department of Labor Safety;

The Minister of Labor - War Invalids and Social Affairs promulgate the Circular on providing guidelines for the content, program, and organization of advanced training, examinations for professional assessment of occupational safety and hygiene, exemption of learnt training content for experts who assess occupational safety and hygiene; guidelines on how to calculate the frequency of occupational accidents and some implementation measures.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides detailed guidelines for the content, program, and organization of advanced training, examinations for professional assessment of occupational safety and hygiene, exemption of learnt training content for experts who assess occupational safety and hygiene; guidelines on how to calculate the frequency of occupational accidents and some implementation measures

Article 2. Regulated entities

1. Employers as prescribed in Clause 3 Article 2 of the Law on Social Insurance.

2. Organizations that assess the occupational safety and hygiene (hereinafter referred to as "assessment organizations”)

3. Experts who assess occupational safety and hygiene in accordance with regulations prescribed in Clause 2 Article 7 of Decree No. 58/2020/ND-CP (hereinafter referred to as “assessment experts”).

4. Agencies, organizations, and individuals engaged in making assessment reports on occupational safety and hygiene, and reduction of the frequency of occupational accidents.

Chapter II

ADVANCED TRAINING, EXAMINATIONS FOR PROFESSIONAL ASSESSMENT OF OCCUPATIONAL SAFETY AND HYGIENE AND HOW TO CALCULATE THE FREQUENCY OF OCCUPATIONAL ACCIDENTS

Article 3. Advanced training for professional assessment of occupational safety and hygiene

Participants of the advanced training course for professional assessment are tenured trainers for occupational safety and hygiene of assessment organizations who wish to become assessment experts of their organization.

Article 4. Content, program, time of advanced training for professional assessment of occupational safety and hygiene

1. Content of professional advanced training

a) Necessary skills to organize and perform the assessment of compliance with the law on occupational safety and hygiene.

b) Process of organization and implementation of the assessment of occupational safety and hygiene.

c) Implementation of assessment in accordance with each regulation of the law on occupational safety and hygiene.

d) Summarized database for analysis and assessment; the draft of the report on the assessment of compliance with the law on occupational safety and hygiene.

2. Detailed framework program for professional-advanced training prescribed in Appendix 1 promulgated with this Circular.

3. Time of advanced training for professional assessment: 40 hours, excluding examination time.

4. Scale and method of organization for advanced training courses

a) Scale: No more than 40 persons/course

b) Method: Centralized or online advanced training.

Article 5. Principle, method, content, and score structure of examinations for professional assessment of occupational safety and hygiene

1. Learners may participate in the examination if they ensure to participate in at least 80% of the advanced training course in accordance with the framework program prescribed in this Circular.

2. Method and content of examinations for advanced training courses for professional assessment of occupational safety and hygiene

a) Theory examination: Learners take the paper-based examination in the form of multiple-choice in 60 minutes.

b) Situation handling examination: Learners draw lots and present 1 hypothetical situation in the assessment process before the examination council within the time limit of 20 minutes/learner.

c) The maximum score is 100, of which the maximum score for the theory examination is 60, and 40 for the maximum score of the situation handling examination.

4. Learners who participate in the advanced training course for professional assessment of occupational safety and hygiene may take the theory examination and situation handling examination for the 2nd time if the 1st time does not meet the requirement. If the result of examinations of the 2nd time still does not meet the requirement, learners shall retake the advanced training course.

Article 6. Exemption and reduction of the content of advanced training

1. A person is exempt from the content of advanced training if he/she has a bachelor's degree or higher and at least 7 years of experience in inspection, development of policies, laws on occupational safety and hygiene at an agency that has functions and duties directly related to such a field in accordance with the law.

2. A person will have his/her advanced training content reduced in accordance with regulations prescribed in Point a and Point b Clause 1 Article 4 of this Circular if he/she has a bachelor's degree and at least 7 years of experience in inspection, development of policies, laws of other majors.

Article 7. Examination council for professional assessment of occupational safety and hygiene

1. The Director the Department of Work Safety shall decide on the establishment of an examination council for professional assessment of occupational safety and hygiene (hereinafter referred to as "examination council").

2. The examination council shall have at least 5 members including the representative of the Department of Work Safety, experts from related ministries, central authorities, research institutes, professional associations of occupational safety and hygiene. The chairman of the council shall be the head of the Department of Work Safety.

3. The examination council shall organize the implementation of examinations for advanced training courses for the professional assessment of occupational safety and hygiene.

4. The examination council shall:

a) Approve the list of learners eligible for examinations in accordance with regulations.

b) Develop, adjust examinations suitable for each advanced training course for professional assessment of occupational safety and hygiene.

c) Assign its member to participate in the theory and situation handling examination.

d) Summarize the examination results and report them to the Director of the Department of Work Safety for consideration of recognition. Such a report shall be in accordance with the form prescribed in Appendix II promulgated with this Circular.

dd) Summarize opinions, requests of learners and organizations, individuals related to the organization and implementation of examinations and propose to the Director of the Department of Work Safety for consideration.

Article 8. How to calculate the frequency of occupational accidents

1. The formula for calculating the frequency of occupational accidents as the basis for applying a lower rate of payment to the occupational accident and disease benefit fund:

Which:

Ki is the occupational accident frequency of year i; Ni is the number of people suffering from occupational accidents and deaths due to occupational accidents eligible for occupational accident insurance from the occupational accident and disease benefit fund. Such number is determined from January 1 to the end of December 31 of the year i;

Pi is the number of workers who participate in the mandatory social insurance. Such number is determined from January 1 to the end of December 31 of the year i;

2. The formula for calculating the average frequency of occupational accidents of the 3 years preceding the proposal year:

Which:

- Ktb is the average frequency of occupational accidents of the 3 years preceding the proposal year;

- K1 is the frequency of occupational accidents of the year preceding the proposal year (1st year);

- K2 is the frequency of occupational accidents of the year preceding the 1st year (2nd year);

- K3 is the frequency of occupational accidents of the year preceding the 2nd year (3rd year).

Chapter III

IMPLEMENTATION

Article 9. Responsibilities of assessment organizations

Aside from responsibilities prescribed in Decree No. 58/2020/ND-CP, assessment organizations shall:

1. Notify Departments of Labor - War Invalids and Social Affairs at where there are assessment activities via written notifications, fax, or email 7 days before such operation starts.

2. Ensure accuracy during the operation of assessment.

3. Store documents of assessment of occupational safety and hygiene.

Article 10. The Department of Work Safety shall:

1. Organize the advanced training, examinations, and recognition of examination results of professional assessment of occupational safety and hygiene.

2. Disclose the list of assessment experts of assessment organizations who have qualified for the professional assessment of occupational safety and hygiene, violations related to activities of assessment, adjustment of payment rate to the occupational accident and disease benefit fund according to the form prescribed in Appendix III promulgated with this Circular and the plan for the organization of advanced training, examinations for professional assessment of occupational safety and hygiene on http://antoanlaodong.gov.vn.

3. Research and apply information technology to activities of advanced training for professional assessment of occupational safety and hygiene.

Article 11. Departments of Labor – War Invalids and Social Affairs shall:

1. Cooperate with related agencies in disseminating and providing guidelines for enterprises in their area to implement this Circular.

2. Submit reports to the Ministry of Labor - War Invalids and Social Affairs (via the Department of Work Safety) after sanctioning, suspending, confiscating, and revoking certificates of eligibility for the training of occupational safety and hygiene, and acts related to activities of assessing occupational safety and hygiene.

Article 12. Entry into force

1. This Circular comes into force as of March 1, 2022.

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