THE MINISTRY OF CONSTRUCTION | THE SOCIALIST REPUBLIC OF VIETNAM |
No. 07/VBHN-BXD | Hanoi, March 16, 2020 |
CIRCULAR
OCCUPATIONAL SAFETY MANAGEMENT DURING CONSTRUCTION OF WORKS
The Circular No. 04/2017/TT-BXD dated March 30, 2017 of the Minister of Construction on occupational safety management during construction of works, which comes into force from May 15, 2017, is amended by:
Circular No. 02/2019/TT-BXD dated July 01, 2019 of the Minister of Construction on elaboration of periodic reporting regulations; amendments and replacement of some Articles of the Circulars related to periodic reporting regulations under the management of the Ministry of Construction, which comes into force from August 15, 2019.
Circular No. 03/2019/TT-BXD dated July 30, 2019 of the Minister of Construction on amendments to the Circular No. 04/2017/TT-BXD dated March 30, 2017 of the Minister of Construction on occupational safety management during construction of works, which comes into force from September 15, 2019.
Pursuant to the Law on Construction dated June 18, 2014;
Pursuant to the Law on Occupational Safety and Health dated June 25, 2015;
Pursuant to the Government’s Decree No. 46/2015/ND-CP dated May 12, 2015 on management of quality and maintenance of the construction works;
Pursuant to the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on construction project management;
Pursuant to the Government’s Decree No. 39/2016/ND-CP dated May 15, 2016 on elaboration of some Articles of the Law on Occupational Safety and Health;
Pursuant to the Government’s Decree No. 44/2016/ND-CP dated May 15, 2016 on elaboration of some Articles of the Law on Occupational Safety and Health on the activities of technical inspection of occupational safety, training in occupational safety and occupational environment monitoring;
Pursuant to the Government’s Decree No. 62/2013/ND-CP dated June 25, 2013 defining functions, tasks, powers and organizational structure of the Ministry of Construction;
At the request of the Director of the State Authority for Construction Quality Inspection; [1]
The Minister of Construction hereby promulgates a Circular to provide for occupational safety management during construction of works.
Chapter I
GENERAL
Article 1. Scope
1. This Circular provides for occupational safety management during construction of works; organization of training and refresher training in, and testing on inspection of machinery, equipment and supplies subject to strict occupational safety requirements under the management of the Ministry of Construction (hereinafter referred to as “machinery, equipment and supplies”); and provides guidance on declaration, investigation, preparation of statistics of, reporting and handling of incidents of collapse or falling of machinery, equipment and supplies used during construction of works.
2. Apart from the regulations specified in this Circular, occupational safety management during construction of works must comply with regulations of the law on occupational safety and health and other relevant laws.
Article 2. Regulated entities
This Circular applies to authorities, organizations and individuals involved in construction investment in Vietnam and relevant organizations and individuals involved in technical inspection of occupational safety of machinery, equipment and supplies.
Article 3. Definitions
1. “occupational safety during construction of works” refers to measures to prevent or control the effect of dangerous or harmful factors in order to ensure no impairment of health, injuries to or death of people, and in order to prevent occupational safety incidents during construction of works.
2. “occupational safety management during construction of works” refers to the management by the entities involved in investment in construction in accordance with regulations of this Circular and other relevant laws with a view to ensuring satisfaction of occupational safety requirements during construction of works.
3. “inspector” refers to a person in charge of carrying out technical inspections of occupational safety who is responsible for directly carrying out or directing or supervising technical inspections of occupational safety of machinery, equipment and supplies.
Chapter II
OCCUPATIONAL SAFETY MANAGEMENT DURING CONSTRUCTION OF WORKS
Article 4. Responsibilities of construction contractors
1. Before commencing construction of works, organize formulation and submission of a master plan on occupational safety to the investor for approval. Such plan shall be reviewed periodically or on an ad hoc basis for making adjustments relevant to the actual construction of works on the construction site. The basic contents of the master plan on occupational safety are specified in the Appendix I hereof.
2. Set up a department for occupational safety management as specified in Clause 1 Article 36 of the Decree No. 39/2016/ND-CP and organize implementation of the master plan on occupational safety regarding part of work carried out by the contractor.
3. The main contractor or the general contractor shall inspect occupational safety management during construction of works regarding the parts of work carried out by subcontractors. The subcontractors shall comply with the regulations laid down in this Article for the parts of their work.
4. Organize preparation of separate and detailed construction methods for specialized work which has a high risk of occupational safety incidents as prescribed in the national technical regulations on safety in construction of works.
5. Cease construction of works if a risk of an occupational accident or occupational safety incident is found, and take remedial actions to ensure safety before the construction is resumed.
6. Take remedial actions against occupational accidents or occupational safety incidents which occur during construction of works.
7. Submit periodic or ad hoc reports on occupational safety management to the investor as stated in the construction contract.
8. Comply with other regulations of law on occupational safety and health.
Article 5. Responsibilities of investors
1. Approve the master plan on occupational safety during construction of works prepared by the contractor and organize inspections and supervision of the implementation of such master plan by the contractor.
2. Assign and notify the duties and powers of occupational safety managers in accordance with Clause 2 Article 115 of the Law on Construction to construction contractors.
3. Organize cooperation among contractors in performing occupational safety management and handling issues on occupational safety that arise during construction of works.
4. Suspend construction if it is found that a contractor violates regulations on occupational safety management, thereby causing or threatening to cause an occupational accident or an occupational safety incident. Request the contractor to take remedial actions to ensure occupational safety before the resumption of construction is allowed.
5. Instruct and cooperate with the construction contractor in taking remedial actions against occupational accidents or safety incidents; declare occupational safety incidents; cooperate with competent authorities in resolving and investigating incidents involving machinery, equipment and supplies as prescribed in Articles 18 and 19 of this Circular; organize preparation of documentation to handle incidents involving machinery, equipment and supplies as prescribed in Article 20 hereof.
6. If the investor hires a contractor for project management consultancy or a contractor for supervision of construction of the works, the investor is entitled to delegate one or more responsibilities of the investor specified in this Article to such contractor by concluding a construction consultancy contract. The investor shall supervise execution of the construction consultancy contract and handle relevant issues between the project management consultancy contractor or the construction supervision contractor and other contractors, and with the local authority during the construction of works.
7. In case of concluding a general contract for engineering - procurement of technological equipment - construction of works (EPC) or a turnkey contract (hereinafter referred to as “general contractor”), the responsibility for occupational safety management is as follows:
a) The investor is entitled to delegate one or more responsibilities of the investor specified in this Article by concluding a construction contract. The investor shall inspect and supervise execution of the construction contract and compliance by the general contractor with regulations on occupational safety management during construction of works;
b) The general contractor assume the responsibilities delegated by the investor as prescribed in Point a of this Clause above and assume the responsibilities prescribed in Article 4 of this Circular for the parts of work carried out by the general contractor.
8. Implementation of the regulations set forth in this Article by the investor does not reduce the responsibility of construction contractors for ensuring occupation safety for the parts of work carried out by such contractors.
Article 6. Responsibilities of the occupational safety management section of construction contractors
1. Implement the master plan on occupational safety during construction of works approved by the investor.
2. Instruct employees to recognize dangerous factors posing a risk of accidents, and measures to prevent accidents on the site; request employee to use correct and sufficient personal protective equipment during the working process; inspect and supervise compliance by employees with occupational safety requirements; and manage the number of employees working on the site.
3. When discovering a violation against the regulations on occupational safety management or a risk of an occupational accident or an occupational safety incident, apply prompt measures for correction and resolution according to internal rules of the contractor; decide whether to suspend the construction of works posing a risk of an occupational accident or an occupational safety incident; suspend employees who fail to comply with safety technical measures or violate regulations on use of personal protective equipment during construction and report these cases to the site manager.
4. Proactively participate in response to and take remedial actions against occupational accidents and occupational safety incidents; participate in emergency response at the request of the investor, an employer or a competent State authority.
Article 7. Responsibilities of employees on the construction site
1. Comply with the regulations set out in Article 17 of the Law on Occupational Safety and Health.
2. Refuse to perform tasks assigned if it is found that occupational safety is not ensured after notifying the responsible person but no remedial actions are taken, or when the contractor fails to provide sufficient personal protection equipment as prescribed.
3. Agree to perform tasks subject to subject to strict occupational safety requirements only after being trained and issued with an occupational safety and health card.
Article 8. Inspecting occupational safety management by the specialized construction authority during construction of works
1. The inspection shall deal with the compliance with regulations of law on occupational safety management by the investor and contractors involved in investment in construction; the preparation and implementation of the master plan on occupational safety by the investor and contractors on the construction site.
2. The inspecting authorities include:
a) The authorities specified in Clause 2 Article 32 of the Decree No. 46/2015/ND-CP for the construction works prescribed in Clause 1 Article 32 of the Decree No. 46/2015/ND-CP;
b) The People’s Committees of districts for other construction works.
3. The inspecting authorities stated in Clause 2 this Article shall:
a) Carry out inspections according to periodic and ad hoc plans or carrying out inspections in combination with the inspection of commissioning of construction works as prescribed in Clause 8 Article 34 of the Decree No. 59/2015/ND-CP;
b) Cooperate in carrying out inspections according to the plan of the labor authority.
Article 9. Costs of occupational safety assurance
1. The costs of occupational safety assurance include:
a) Costs of preparation and implementation of safety technical measures;
b) Costs of training in occupational safety; information and education on occupational safety;
c) Costs of provision of personal protection equipment for employees;
d) Costs of fire and explosion prevention and fighting;
dd) Costs of prevention and control of dangerous and harmful factors, and improvement of working conditions;
e) Costs of response to occupational safety incidents and emergencies;
g) Costs of inspection of occupational safety work by the specialized construction authority.
2. The rules for determining the costs specified in Clause 1 of this Article are as follows:
a) The costs specified in Points a, b, c, d, dd and e Clause 1 of this Article are included in the costs for general items under other costs of the estimate of costs of construction of works. These costs must be included in a contract package price and contractors must not reduce these costs during the bidding process;
b) The cost specified in Point g Clause 1 this Article shall be determined according to Article 14 of the Circular No. 26/2016/TT-BXD dated October 26, 2016.
Chapter III
MANAGEMENT OF MACHINERY, EQUIPMENT AND SUPPLIES USED FOR CONSTRUCTION
Article 10. Management of machinery, equipment and supplies subject tostrict occupational safety requirements used for construction
1. Machinery, equipment and supplies specified in Section III Appendix Ib of the Decree No. 44/2016/ND-CP shall be inspected in accordance with Clause 1 Article 31 of the Law on Occupational Safety and Health.
2. If the scope of operation of construction machinery and equipment extends beyond the construction site or if, due to the construction conditions, the construction equipment has to be placed outside the construction site creating a danger zone that may threatens safety of the community, the construction contractor shall prepare and submit the technical measures to the investor for approval to ensure safety of people, assets and neighboring works, notify the local authority where the works are being constructed and comply with other relevant regulations of law.
3. Any organization that carries out technical inspections of occupational safety of machinery, equipment and supplies specified in Clause 1 of this Article shall obtain the certificate of eligibility for technical inspection of occupational safety (hereinafter referred to as “certificate of eligibility”) which is issued, extended or reissued by the Ministry of Construction.
4. The conditions, applications and procedures for issuance, extension and re-issuance of the certificate of eligibility conform are specified in Articles 4 and 5 of the Decree 44/2016/ND-CP.
5. The specialized authority under the Ministry of Construction (hereinafter referred to as “specialized authority”) is entitled to issue and reissue the inspector’s certificates to the inspectors carrying out technical inspections of machinery, equipment and supplies as prescribed in Clause 1 this Article.
6. The applications for the issuance and re-issuance of the inspector’s certificates are mentioned in Article 11 and Article 12 of the Decree No. 44/2016/ND-CP.
Article 11. Form of organization of training and refresher training in, and testing on technical inspection of occupational safety
1. Inspectors carrying out technical inspections of occupational safety must be trained, refresher-trained, and tested in accordance with Clause 4 Article 9 of the Decree 44/2016/ND-CP, and are divided into following groups:
a) Group 1: Inspectors carrying out technical inspections of occupational safety of the scaffolding systems; post and bar combinations; sliding formworks; climbing formworks; and steel sliding formwork systems;
b) Group 2: Inspectors carrying out technical inspections of occupational safety of drilling machines, pile press machines, specialized pile driving machines with a hoisting system; and concrete pumps;
c) Group 3: Inspectors carrying out technical inspections of occupational safety of tower cranes; construction hoists; and cherry pickers used during construction of works;
d) Group 4: Inspectors carrying out technical inspections of occupational safety of machines for underground and tunnel construction, including: machines and equipment in trench technologies; machines and equipment in trenchless technologies; machines for underground construction lines by shield technology and shield combination; and concrete production plants for underground works.
2. Each inspector must attend a refresher training course on technical inspection of occupational safety at least once during the effective period of his/her inspector’s certificate and the interval between two courses shall not exceed 30 months.
3. At the end of a training or refresher training course, inspectors must sit a test as prescribed in Clause 3 Article 13 of this Circular.
Article 12. Contents of training and refresher training in technical inspection of occupational safety
1. The contents of training in technical inspection of occupational safety consist of a theoretical part and a practical part provided in the framework program for training and refresher training in technical inspection of occupational safety.
2. Contents of refresher training in technical inspection of occupational safety include:
a) Updated legislative documents concerning technical inspection of occupational safety;
c) National technical regulations; procedures for technical inspection of occupational safety; information on state management of technical inspection of occupational safety nationwide;
b) General knowledge about machinery and equipment serving inspection, skills, experience and other relevant necessary contents.
3. The Ministry of Construction shall promulgate the framework program for training and refresher training in technical inspection of occupational safety.
Article 13. Organization of training, refresher training, testing and issuance of certificates of completion of training or refresher training courses on technical inspection of occupational safety
1. The specialized authority shall:
a) select units to provide training and refresher training in technical inspection of occupational safety that have been issued with a certificate for eligibility for training in occupational safety and health and that have training and refresher training materials and textbooks complying with the framework program for training and refresher training in technical inspection of occupational safety;
b) Review and approve the plan for training and refresher training in, and testing on technical inspection of occupational safety as prescribed in Clause 2 of this Article;
c) Publish information on organizations providing training and refresher training in, and testing on technical inspection of occupational safety on the website of the Ministry of Construction.
2. A plan for organization of a training or refresher training course on technical inspection of occupational safety includes the following contents:
a) Expected time and place of organization of such training or refresher training course; and the estimated number of participants;
b) Training or refresher training materials and textbooks; and list of lecturers involved in the training or refresher training;
c) A plan for organization of testing on technical inspection of occupational safety at the end of the training or refresher training course.
3. Testing on technical inspection of occupational safety:
a) The contents of testing of a training course on technical inspection of occupational safety include a theoretical part and a practical part:
b) A participant is qualified to be tested if he/she has participated in at least eighty per cent (80%) of the time set out in the framework program for training or refresher training on technical inspection of occupational safety;
c) The testing result is assessed on a 100-point scale, of which the maximum score for theory is 50 points and the maximum score for practice is 50 points. A participant passes when he/she gets at least 80 points, of which the minimum score for theory must be 40 points and the minimum score for practice must be 40 points;
d) If an inspector does not attend a refresher training course on technical inspection of occupational safety or has attended but fails to pass the test as prescribed in Point c of this Clause, the specialized authority shall consider rejecting his/her application for issuance or extension of the inspector’s certificate for inspection of the corresponding machinery, equipment and supplies the next time.
4. Units providing training or refresher training in technical inspection of occupational safety shall issue certificates of completion of a training or refresher training course on technical inspection of occupational safety using the form in the Appendix II enclosed herewith.
Article 14. Responsibilities of units providing training and refresher training in technical inspection of occupational safety
1. Develop materials and textbooks for training and refresher training in accordance with the framework program for training and refresher training in technical inspection of occupational safety and relevant to the features of the inspected items and practical requirements.
2. Develop and implement according to the plan and regulations on training, refresher training and testing.
3. Ensure adequate facilities and human resources to serve training, refresher training and theoretical and practice testing.
4. Collect fees for training, refresher training and testing and take responsibility for refunding training or refresher training fees to participants if the unit does not provide training or refresher training as prescribed in this Circular.
5. Archive applications and documents relating to training courses, refresher training courses and testing on technical inspection of occupational safety as prescribed by law.
Article 15. Form, contents and code number of certificates of eligibility for technical inspection of occupational safety and inspector's certificates
1. The form and contents of certificates of eligibility for technical inspection of occupational safety are specified in Appendix Ia of the Decree 44/2016/ND-CP; and the form and contents of inspector's certificates are specified in the Appendix Ib of the Decree 44/2016/ND-CP.
2. Code number of certificates of eligibility for technical inspection of occupational safety and inspector's certificates:
a) A certificate of eligibility for technical inspection of occupational safety has two code groups in letters and numbers which are connected by a dash (-), the group of letters is “CNATXD”, the group of numbers has the first two numbers denoting the year of issuance and the next four numbers denoting the order of the certificate;
For example: CNATXD- 17.0028
b) An inspector's certificate has two code groups in letters and numbers which are connected by a dash (-), the group of letters is “KDATXD”, the group of numbers has the first two numbers denoting the year of issuance and the next four numbers denoting the order of the inspector;
For example: KĐATXD- 17. 0026
1. The information of an organization issued with a certificate of eligibility for technical inspection of occupational safety which is uploaded to the online software managing the technical inspection of occupational safety (hereinafter referred to as “the software”) includes: name, address and code of the organization conducting technical inspections of occupational safety; the list of machinery, equipment and parts specified in the certificate of eligibility for technical inspection of occupational safety; date of issuance and date of expiry of the certificate; violations (if any) committed by the inspecting organization.
2. The information of an individual issued with an inspector’s certificate to be published includes: full name and code of the inspector; number of ID card/citizen ID card; list of machinery, equipment and supplies eligible to undergo technical inspection of occupational safety; date of issuance and date of expiry of the inspector's certificate; violations (if any) committed by the inspector.
3. The application of information technology to technical inspection of occupational safety is prescribed as follows:
a) Software link: http://cucgiamdinh.gov.vn/CSDL-kiem-dinh-duoc-cong-bo.aspx
b) Every specialized authority shall have develop, upload and update information of the organizations and individuals specified in Clause 1 and Clause 2 of this Article to the software; instruct the organizations and individuals conducting technical inspections of occupational safety to use the software;
c) Organizations and individuals conducting technical inspections of occupational safety are entitled to use the software specified in Point a of this Clause during their operation to manage and carry out technical inspections of occupational safety of machinery, equipment and supplies subject to strict occupational safety requirements used in construction of works.
Chapter IV
DECLARATION, INVESTIGATION, REPORTING AND HANDLING OF OCCUPATIONAL SAFETY INCIDENTS DURING CONSTRUCTION OF WORKS
Article 17. Occupational safety incidents during construction of works
1. Classification of occupational safety incidents during construction of works:
a) Construction works incidents specified in Clause 34 Article 3 of the Law on Construction which occur during construction of works;
b) Incidents of collapse or falling of machinery, equipment and supplies used during construction of works (hereinafter referred to as “incidents involving machinery, equipment and supplies”).
2. Declaration, investigation, reporting and handling of incidents during construction of works:
a) Regarding to the incidents prescribed in Point a Clause 1 of this Article, the declaration, investigation and reporting thereof shall comply with regulations laid down in the Decree 46/2015/ND-CP.
b) Regarding the incidents prescribed in Point a Clause 1 of this Article, the declaration, investigation and reporting thereof shall comply with regulations hereof.
3. Regarding occupational accidents that occur during construction of works but does not result from the incidents prescribed in Clause 1 of this Article, the declaration, investigation and reporting thereof shall comply with regulations of the law on occupational safety and health.
Article 18. Handling of incidents involving machinery, equipment and supplies
1. When an incident involving machinery, equipment and supplies occurs, the investor shall immediately declare it to the People’s Committee of the commune where the incident occurred using the form in the Appendix III hereof. As soon as information is received, the communal People’s Committee must report it to the district-level People’s Committee, provincial People’s Committee, specialized construction authority and relevant organizations for timely handling of the incident.
2. In addition to the declaration specified in Clause 1 of this Article, incidents involving machinery, equipment and supplies causing death or serious injury to two or more persons shall be declared by construction contractors in accordance with regulations of law on occupational safety and health.
3. The investor and construction contractors shall comply with the regulations set out in Article 19 of the Law on Occupational Safety and Health and take timely measures for search and rescue, ensuring safety of people and property, and limiting and preventing dangers that may arise; organize protection of the scene of the incident and making a declaration in accordance with Clauses 1 and 2 of this Article.
4. People’s Committees at all levels shall direct and assist relevant authorities to deploy forces for search and rescue, protection of the scene of the incident and performance of other necessary tasks during the process of handling the incident.
5. The authorities prescribed in Clause 1 Article 19 this Circular shall:
a) inspect the scene, declaration and handling of an incident by the investor and construction contractors in accordance with regulations set out in this Article;
b) consider and decide to terminate or suspend use of machinery, equipment and supplies; or terminate or suspend construction of work items, partial or total works depending on the extent and scope of the incident;
c) consider and decide to demolish or clear the scene of the incident on the basis of ensuring safety of people, property, works and neighboring works. The relevant parties must take photos and videos, gather evidence, and record necessary documents to serve investigation of the cause and prepare documentation on the incident involving machinery, equipment and supplies before demolition or clearance;
d) notify the investor and other relevant entities of the result of investigation of the cause of the incident involving machinery, equipment and supplies; and of the requirements to be satisfied by the investor or relevant entities to remedy the incident;
dd) deal with the responsibilities of the relevant parties as prescribed by law.
6. The investor, construction contractors or owners, and managers or users of machinery, equipment and supplies shall remedy incidents involving machinery, equipment and supplies in a manner that satisfies safety requirements before construction is resumed.
7. The organization or individual causing an incident involving machinery, equipment and supplies shall pay compensation for damage and pay the costs of remedying the incident. Depending on the nature, extent and scope of the incident, such organization or individual may incur penalties in accordance with other relevant regulations of laws.
Article 19. Investigation of incidents involving machinery, equipment and supplies
1. The power to investigate incidents involving machinery, equipment and supplies:
a) The Ministry of Construction and specialized construction management ministries shall preside over provision of instructions on and investigation of incidents causing serious consequences, and incidents as requested by a provincial People’s Committee or as assigned by the Prime Minister;
b) Provincial People’s Committees shall preside over investigation of occupational safety incidents leading to a death or serious injury to two or more persons which occur in their provinces;
c) District-level People’s Committees shall preside over investigation of occupational safety incidents in the remaining cases.
2. The competent authority prescribed in Clause 1 of this Article shall establish an incident investigation team to determine the cause of the incident. The team shall be composed of representatives of the specialized construction authority and of other relevant authorities, and experts in related technical fields. Where necessary, the authority presiding over investigation of an incident shall appoint a consultancy to determine the cause of the incident and recommend a remedial solution.
3. The investigation of the cause of incidents involving machinery, equipment and supplies shall focus on:
a) Collecting relevant documents and specifications and performing professional tasks to determine the cause;
b) Assessing the level of safety of machinery, equipment, supplies, works and neighboring works (if any) after an incident;
c) Devolving the responsibilities of relevant entities;
d) Preparing the investigation dossier, including an investigation report and relevant documents during the process of investigation.
4. The investor shall advance the costs to organize an investigation of the cause of an incident. After the result of such determination is available and responsibilities are devolved, the organization or individual causing the incident must pay the costs of organizing the abovementioned investigation. If the incident occurs due to a force majeure event, the liability to pay for the costs of organizing an investigation of the cause of the incident shall adhere to the relevant construction contract.
Article 20. Documentation on handling of incidents involving machinery, equipment and supplies
The investor shall organize preparation of documentation on an incident involving machinery, equipment and supplies, containing the following contents:
1. Minutes of site inspection: name and location of the construction work items or works affected by the incident involving machinery, equipment and supplies; specifications and profiles of the machinery, equipment and supplies involved in the incident; current status of the construction work item or works where the incident occurred, preliminary description and development of the incident; preliminary summary of loss of life and property; and cause of the incident.
2. Documents on design and construction of works relate to the incident involving machinery, equipment and supplies.
3. Documents on investigation of the cause of the incident; rectification of violations committed by relevant organizations and individuals; and measures to remedy the incident.
4. Documents relating to the process of handling the incident.
Article 21. Actions against violations of occupational safety management during construction of works
1. When discovering a violation of occupational safety management during construction of works by organizations and individuals involved in investment in construction, the competent authority prescribed in Clause 2 Article 8 hereof shall:
a) request the relevant organizations and individuals to remedy their violations;
b) Where necessary, make a record and send it to the competent authority for handling in accordance with regulations of law on administrative penalties for violations against regulations on construction and on occupational safety and health. The competent authority shall impose penalties for violations in accordance with law and notify the specialized construction authority of the result thereof;
c) publish names of and violations by organizations and individuals involved in investment in construction on the website of the competent authority mentioned in Clause 1 of this Article;
d) suspend the use of machinery, equipment and supplies upon discovering a risk of an occupational accident or incident involving machinery, equipment and supplies affecting the safety of the community, works and neighboring works.
2. The authority specified in Clause 1 of this Article shall organize inspection of the remedy by the investor and contractors involved in investment in construction where necessary; decide to resume the use of machinery, equipment and supplies in writing after receiving their reports on remedying deficiencies and satisfying occupational safety requirements during construction of works.
Chapter V
IMPLEMETATION
Article 22. Responsibilities of the Ministry of Construction
1. Develop, issue, provide instructions on and inspect the implementation of regulations of law on occupational safety management during construction of works within its power.
2. Develop national standards, develop and promulgate national technical regulations on occupational safety in accordance with Clause 5 Article 39 of the Decree No. 39/2016/ND-CP.
3. Develop and promulgate the procedures for inspection, provide instructions on and inspect technical inspection of occupational safety of machinery, equipment and supplies under its management.
4. Organize training and refresher training in, and testing on technical inspection of machinery, equipment and supplies under its management.
5. Issue, extend, re-issue and revoke certificates of eligibility for technical inspection of occupational safety, and issue and re-issue inspector's certificates to inspectors under its management and publish this on its website.
6. Provide instructions on and inspect declaration, investigation, reporting and handling of incidents involving machinery, equipment and supplies; provide instructions on, inspect and take actions against violations of occupational safety regulations by entities involved in investment in construction; update information on entities involved in investment in construction that violate occupational safety regulations during construction of works and publish such information on its website.
7. The Ministry of Construction assigns the State Authority for Construction Quality Inspection as the professional agency responsible for assisting the Minister of Construction in performing state management of occupational safety during construction of works.
Article 23. Responsibilities of provincial People’s Committees
1. Provide guidelines for the implementation of legislative document on occupational safety management during construction of works in their provinces.
2. Provide instructions on, inspect and take actions against violations of occupational safety regulations by entities involved in investment in construction in their provinces; update information on entities involved in investment in construction that violate occupational safety regulations during construction of works in their provinces and submit a report thereon to the Ministry of Construction for publication on the latter’s website.
3. Organize investigation of the cause of incidents involving machinery, equipment and supplies as prescribed in Article 19 hereof.
4. [3](abolished)
5. Assign and delegate responsibilities for state management of occupational safety during construction of works in their provinces to specialized construction authorities under their management.
Article 24. Effect [4]
1. This Circular comes into force from May 15, 2017 and supersedes the Circular No. 22/2010/TT-BXD dated December 03, 2010 of the Minister of Construction.
2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Construction for consideration and resolution./.
| CERTIFIED BY |
APPENDIX I
MASTER PLAN ON OCCUPATIONAL SAFETY
(Promulgated together with the Circular No.04/2017/TT-BXD dated March 20, 2017 of the Minister of Construction)
1. Policy on occupational safety management
(basic rules for occupational safety management; regulations of law; formulation, dissemination and organization of implementation of the plan).
2. Organizational chart of the occupational safety management department; responsibilities of relevant parties.
3. Regulations on organization of occupational safety training
(training and refresher training for persons responsible for occupational safety, persons carrying out occupational safety work, employees; periodical and ad hoc training plans).
4. Regulations on working processes ensuring occupational safety
(daily, weekly or monthly working processes or processes for performing tasks subject to specific requirements).
5. Technical instructions on occupational safety
(measures for prevention of accidents involving falling; accidents involving flying objects or falling objects; accidents involving collapse or falling of structures; accidents involving machinery, equipment and materials used for construction works; accidents involving electricity or welding; accidents involving above- or underwater construction works; accidents involving construction of underground works; accidents involving fire or explosion; accidents involving nearby communities/works; measures for prevention of traffic accidents and other relevant occupational accidents).
6. Construction site organization
(general requirements; travel and transporting routes; arrangement of materials, fuels, structural components and other relevant requirements on site organization).
7. Regulations on occupational safety management in terms of personal protective equipment
(helmets; safety belts and jackets; protective equipment for eyes, ears, face, limbs; lifebuoys; specialized and oxygen respirators; first aid kits and other relevant equipment).
8. Occupational health and environment management
(Systems for management of occupational health and environment monitoring and other systems related to occupational health and environment management).
9. Response to emergencies
(Communications network, relevant procedures for responding to emergencies).
10. Systems for periodical and ad hoc monitoring and reporting of occupational safety management
(Monitoring and reporting the implementation of the master plan on occupational safety; reporting occupational accidents and occupational safety incidents during construction of works; sharing information on accidents and incidents to raise employees’ awareness).
11. Enclosed appendixes, forms and pictures.
[1] The Circular No. 02/2019/TT-BXD dated July 01, 2019 of the Minister of Construction on elaboration of periodic reporting regulations; amendments and replacement of some Articles of the Circulars related to periodic reporting regulations under the management of the Ministry of Construction, which comes into force from August 15, 2019, is promulgated pursuant to:
“The Government’s Decree No. 81/2017/ND-CP dated July 17, 2017 defining functions, tasks, powers and organizational structure of the Ministry of Construction;
“The Government's Decree No. 09/2019/ND-CP dated January 24, 2019 on regulations on reporting by state administrative agencies;
At the request of the Chief of the Ministry Office;”
The Circular No. 03/2019/TT-BXD dated July 30, 2019 of the Minister of Construction on amendments to the Circular No. 04/2017/TT-BXD dated March 30, 2017 of the Minister of Construction on occupational safety management during construction of works, which comes into force from September 15, 2019, is promulgated pursuant to:
“The Law on Construction dated June 18, 2014;
The Law on Occupational Safety and Health dated June 25, 2015;
The Government’s Decree No. 81/2017/ND-CP dated July 17, 2017 defining functions, tasks, powers and organizational structure of the Ministry of Construction;
The Government’s Decree No. 46/2015/ND-CP dated May 12, 2015 on management of quality and maintenance of construction works;
The Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on construction project management;
The Government’s Decree No. 44/2016/ND-CP dated May 15, 2016 on elaboration of some Articles of the Law on Occupational Safety and Health on the activities of technical inspection of occupational safety, training in occupational safety and occupational environment monitoring;
At the request of the Director of the State Authority for Construction Quality Inspection,”
[2] This Article is amended by Article 1 of the Circular No. 03/2019/TT-BXD, which comes into force from September 15, 2019.
[3] This Clause is abolished by Clause 2 Article 12 of the Circular No. 02/2019/TT-BXD, which comes into force from August 15, 2019.
[4] Article 13 of the Circular No. 02/2019/TT-BXD dated July 01, 2019 of the Minister of Construction on elaboration of periodic reporting regulations; amendments and replacement of some Articles of the Circulars related to periodic reporting regulations under the management of the Ministry of Construction, which comes into force from August 15, 2019, stipulates that:
“Article 13. Effect
This Circular comes into force from August 15, 2019
Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Construction for consideration./.”
Article 2 of the Circular No. 03/2019/TT-BXD dated July 30, 2019 of the Minister of Construction on amendments to the Circular No. 04/2017/TT-BXD dated March 30, 2017 of the Minister of Construction on occupational safety management during construction of works, which comes into force from September 15, 2019, stipulates that:
“Article 2. Effect
1. This Circular comes into force from September 15, 2019.
2. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Construction for consideration./.”
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