circular materials subject to strict occupational safety ... · operational pressure of steam of...
TRANSCRIPT
1
MINISTRY OF LABOUR,
INVALIDS AND SOCIAL
AFFAIRS
____________
No.: 04 /2008/TT-BLDTBXH
C SOCIAL REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
___________________________________
Ha Noi, 27th February 2008
CIRCULAR
Guidance on procedures for registration and verification of machines, equipment and
materials subject to strict occupational safety requirements
- Pursuant to Decree No. 06/CP dated 20/01/1995 (modified, supplemented in 2002) on
Government regulations detailing some articles of the Labour Code on occupational safety and
health;
- Pursuant to Decree No. 179/2004/ND-CP dated 21/10/2004 of Government
regulations on management of product and goods quality;
- Pursuant to Decree No. 186/2007/ND-CP dated 25/12/2007 of Government
regulations on functions, duties, authority and organizational structure of Ministry of Labour-
Invalids and Social Affairs;
After the consultation with relevant Ministries, Sectors, localities and institutions,
Ministry of Labour, Invalids and Social Affairs provide the guidance on procedures for
registration and verification of machines, equipment and materials subject to strict
occupational safety requirements as follows:
I- GENERAL provisions
1. OBJECTS AND SCOPE OF APPLICATION
a) This Circular shall be applied to enterprises, institutions, organizations, individuals
(generally referred to as establishments), who use machines, equipment and materials subject
to strict occupational safety requirements (generally referred to as objects); including
enterprises of the military forces and foreign institutions, organizations, individuals persons or
international organizations that are located within the Vietnamese territory, except for those
operating under different regulations in international treaties in which Vietnam is a signatory
or a supporting member.
Machines, equipment and materials subject to strict occupational safety requirements shall
be registered and verified before being used.
b) Objects to be applied: machines, equipment and materials under the list stipulated in
Annex 1 attached to This Circular.
2. Explanation of terminologies
2
In this Circular, the terminologies below can be interpreted as follows:
a) Safety technique verification (verification for short) is an activity to evaluate the
technical situation of an object that is needed to be verified as stipulated in relevant national
technique standards, national standards of occupational safety.
b) Registration is an activity to record in a register administered by labour inspection of a
Deparment of Labour, Invalids and Social Affairs of provinces, cities directly under the Center
to serve the State management requirements of occupational safety for objects in the list as
regulated in Annex 1 attached to this Circular;
c) Safety technique verification unit (verification unit for short) is an organization that is
registered to provide activities and services to verify technique safety for machines, equipment
subject to strict occupational safety requirements to ensure conditions as stipulated by
Ministry of Labour, Invalids and Social Affairs;
d) Verification process is a process in which an verification unit implements steps of
safety technique verification according to national technique standards (safety technique
verification process).
II. DETAILED PROVISIONS
1. Verification procedure
1.1. For establishments
a) Shall declare the need for verification in writing and send directly or through the post
office/fax/e-mail so that a verification unit can organize a first time; periodic; or casual
verification.
b) Shall provide relevant technical documents related to objects needed to be verified, and
nominate representatives to witness the verification process.
c) Shall settle difficulties that affect the safety quality relating to verification and assist the
verification unit in exercising the verification.
d) Establishments shall be responsible for immidiately reporting their refusal of
verification from verification units to Ministry of Labour, Invalids and Social Affairs (Bureau
of Work Safety) for timely solutions.
1.2. For a verification unit
a) Within the limit of 04 working days after the request of an establishment is received, a
verification unit shall discuss and make agreements with the establishment about the
verification implementation, if the request of an establishment cannot be exercised, the
verification unit shall send a report in writing, in which states clearly the reasons.
b) Shall exercise the verification for objects in conformation to regulations in national
technique standards (safety technique verification processes) that are issued by Ministry of
Labour, Invalids and Social Affairs or Ministries administering sectors, industries.
For machines, equipment without national technique standards (safety technique
verification processes) that are issued by Ministry of Labour, Invalids and Social Affairs or
Ministries administering sectors, industries and verified by Ministry of Labour, Invalids and
Social Affairs, an verification unit can refer to international technical standards, verification
processes or technical standards, verification processes of the other countries, which are
recognized by for the verification implementation.
3
c) When an object meets all safety conditions for usage, after a maximum period of 5
working days after the verification report is announced, the verification unit shall issue a
verification outcome report (01 original) to the establishment based on the form No. 01
attached to this Circular.
d) During the process an object is verified, if the verification unit recognizes that the use of
the object can potentially cause problems or occupational accidents, the verification shall be
stopped and the stop shall be reported to the establishment for settlements.
D) During the verification process if a verification unit violates technical standards, criteria
on occupational safety, and causes damages for establishments, depending on the damage
level, the verification unit shall bear the responsibility for compensations according to lawful
regulations.
2. Registration procedure
2.1 For establishments
a) Within the limit of 05 working days after the verification outcome report is received, an
establishment or a body authorized by an establishment shall send the registration file directly
or indirectly through post office/fax/ to the labour inspection under the Department of Labour,
Invalids and Social Affairs for registration before the object is used. The registration file
includes:
- The registration declaration based on Form No. 02 attached to this Circular;
- The verification outcome report for machines, equipment subject to strict occupational
safety requirements (a copy).
b) The first registration is made before an object is used, and this is made only once.
c) Re-registration for an object is applied in the following cases:
- When the ownership of an object is transferred;
- When an object is installed in another position;
- After an already registered object is innovated, repaired to change its pressure-resistant
structure, technical data.
d) The registration to use industrial explosion materials (materials with strict requirements
on occupational safety) shall be guided by Ministry of Industry and Commerce according to
regulations of Government. An establishments shall send a copy of license, which allows the
use of industrial explosion materials to the Labour inspection under the Department of Labour,
Invalids and Social Affairs (in a direct way or through post office/fax).
2.2. Registration location
a) Establishments shall register machines, equipment at the Labour inspection under the
Department of Labour, Invalids and Social Affairs in the locality where machines, equipment
are installed, used at a fixed position.
For mobile machines, equipment such as: car cranes, rubber wheel cranes, chain wheel
cranes, pyramid cranes, hoists, mobile performance stages, establishments shall register at the
Labour inspection of the Department of Labour, Invalids and Social Affairs where the
establishments are headquartered; simutaneously report in writing to the Labour inspection of
the Department of Labour, Invalids and Social Affairs where the establishments use machines,
equipment at a specific location and a specific period of time.
4
b) For objects subject to strict occupational safety requirements in military establishments,
the registration shall be made according to regulations of Ministry of National Defence and
Ministry of Public Security.
2.3. For Department of Labour Invalids and Social Affairs
a) The Labour inspection shall keep the registration file of establishments that are sent
directly or through post office/fax for reference and management.
b) Records shall be made in the register according to Form No. 03 attached to this Circular.
III. IMPLEMENTATION ORGANIZATION
1. For establishments
a) The management and use of objects subject to strict occupational safety requirements
shall exercise the verification, registration exactly as stipulated in this Circular.
b) Annually, the verification for objects shall be planned.
c) The management and use of objects shall conform to regulations in national technique
standards, national criteria on occupational safety.
2. For verification units
a) Timely verification shall be organized according to regulations at Point 1.2, Item 1,
Section II of this Circular.
b) Reports on the situation of verification shall be sent to the Labour inspection, the
Department of Labour, Invalids and Social Affairs every 6 months (before the 5th July), every
year (before the 10th January next year) based on Form No. 04 attached to this Circular.
3. For Departments of Labour, Invalids and Social Affairs
a) Shall have responsibility for propaganda and guidance to implement this Circular.
b) Shall inspect and supervise the verification, use of objects and settle violations within
the competence.
c) Every 6 months (before the 10th July), every year (before the 15th January next year)
reports on the situation of registration within localities shall be sent to Ministry of Labour,
Invalids and Social Affairs (Bureau of Work Safety) based on Form No. 05 attached to this
Circular.
4. For Bureau of Work Safety
a) Shall assist Minister of Ministry of Labour, Invalids and Social Affairs to unify State
management of registration, verification; stipulate forms of verification outcome reports;
supplement or modify the list of machines, equipment and materials with strict occupational
safety requirements.
b) Shall organize, guide and inspect the implementation of this Circular.
c) Shall annually report the situation of register and verification at the nation level.
5. Ministries, ministry- equivalent organizations, organizations under the Government,
People’s Committees in provinces, cities directly under the Center
a) Shall have responsibility for organizing and guiding, supervising and encouraging
establishments within the management responsibility to conform to the regulations of this
Circular.
5
b) Shall study, recommend Ministry of Labour, Invalids and Social Affairs to modify,
supplement the list of machines, equipment and materials with strict occupational safety
requirements.
IV. IMPLEMENT
1. This Circular comes into effect 15 days after being published in the official gazette and
replaces Circular No. 23/2003/TT-LDTBXH dated 3/11/2003 of Ministry of Labour, Invalids
and Social Affairs on stipulating, guiding procedure to register and verify machines,
equipment and materials and substances subject to strict occupational safety requirements and
health.
2. The objects that have received registration certificates before this Circular is valid are
still valid, except for cases, which are mentioned in Item c, Point 2.1, Section II of this
Circular.
3. Any problem that arises during the implementation process shall be reported to Ministry
of Labour, Invalids and Social Affairs for review and settlement./.
Sent to:
- Office of President, Office of National Assembly;
- Office of Central Communist Party and departments of
Central Communist Party;
- Office of Government;
- Ministries, Ministry-equivalent organizations under the
Government;
- - People's Supreme Procuracy;
- - People's Supreme Court;
- Provincial People's Committees, cities directly under the
Center;
- DOLISAs of provinces, cities directly under the Center;
- Central Organization of socio-potitical organizations;
- Departmen of normative document Inspection, Ministry of
Judiciary;
- Official Gazette; Website of Government;
- - Kept at: Office, Bureau of Work Safety (5).
PP. MINISTER
DEPUTY MINISTER
Bui Hong Linh
6
Annex 1
LIST OF MACHINES, EQUIPMENT, MATERIALS WITH STRICT REQUIREMENTS
ON OCCUPATIONAL SAFETY
(Issued together with Circular No. 04/2008/ TT-BLDTBXH dated 27th Febuary, 2008
of Ministry of Labour, Invalids and Social Affairs)
1. Various boilers (including superheaters and heating boilers) with the standard pressed
operational pressure of steam of 0.7 bar (according to the Vietnamses Standard TCVN
6004: 1995);
2. Boilers used to heat water with an agent temperature over 115oC (as classified by the
Vietnamses Standard 6004: 1995);
3. Pressure-resistant boilers with the standard pressed operational pressure of steam of over
0.7 bar (not including hydrolic static pressure) (as classified by the Vietnamses Standard
6153: 1996);
4. Tanks and barrels used to store, deliver liquefied gas or liquids with pressed operational
pressure of over 0.7 bar or liquids or solids in the form of pressureless powder but to be
opened for use by air pressure of higher than 0.7 bar (as classified by the Vietnamses
Standard 6153: 1996);
5. Various air conditioning systems (as classified by the Vietnamses Standard 6104: 1996),
except for systems that have operational refrigerant by water, air; systems that have
volume of loaded refrigerant of less than 5 Kg for refrigerant of group 1, less than 2.5 Kg
for refrigerant of group 2, volume of loaded refrigerant of group 3 is not limited;
6. Steam, boiled water pipelines of category I and category II with external diameters of 51
mm and above, pipelines of category III and category IV with external diameters of 76 mm
and above (as classified by the Vietnamses Standards 6158 and 6159: 1996);
7. Fixed gas pipelines made of metal;
8. Various cranes: car cranes, rubber wheel cranes, chain wheel cranes, rail cranes, pyramid
cranes, console cranes, motored winch cranes, small cranes;
9. Bridge cranes: rolling bridge cranes, hinge cranes;
10. Traveling cranes: traveling cranes, semi-bridge traveling cranes;
11. Winch hoists for materials; winch hoists for passengers; winch hoists in machines that
execute work, winch hoists used for slope wells, telphers for passengers;
7
12. Electric winch rope hoists; manual winch rope hoists with load capacity of 1,000 kgs and
above;
13. Electrical cable cars installed above a rail-way;
14. Electric load hoisting winches, electric lifting and pulling winches installed on a sloping
floor; lift tables, lift platforms for passengers;
15. Manual cables with load capacity of 1,000 kg and above;
16. Hoists used to lift materials; hoists used to lift materials together with passengers; hoists
used to lift passengers;
17. Bottles used to contain, carry compressed gas, liquefied gas, soluble gas with pressed
operational pressure of over 0.7 bar (according to the Vietnamese criteria TCVN 6153:
1996 and the criteria ISO 1119-2002 for production of cylinder-shaped gas bottles made of
composite);
18. Valve systems used to make up and charge gas, liquefied gas, soluble gas;
19. Various elevators;
20. Escalators for passengers;
21. Various types of explosives;
22. Explosive devices (explosive detonators, explosive lines, slow-burning explosive lines,
etc.);
23. Forklift trucks operated by engines with the load capacity of 1,000kg and above, self-
propelled forklift trucks used to carry passengers;
24. Public entertainment places: mobile performance stage; games that lift passengers to the
height of 2 meters and above, with a moving speed of passengers from 3 m/s in
comparison with a fixed stage (gliders, ferris wheels, chutes, etc.) except for equipment for
sport games).
8
Form No. 01 (issued together with
Circular No. 04/2008/TT-
BLDTBXH dated 27/02/2008
of Ministry of Labour, Invalids and
Social Affairs)
FRONT PAGE
SOCIAL REPUBLIC OF VIETNAM
INDEPENDENCE – FREEDOM – HAPPYNESS
-------------------------------
SHEET OF VERIFICATION OUTCOME
No. 1 2
9
(Dimension 15 x 21 cm, double page)
Note :
- Specify in Box No. 1: Order of subjects according to the list in Annex
1.
- Specify in Box No. 2: Numerical order as regulated by verification
organization.
10
BACK PAGE
1. Verification organization:
2. Establishments use
Headquarter :
3. Object :
+ Code :
+ Manufacture year :
+ Manufacture No.:
+ Manufacturer:
+ Technical properties:
…………………………………………………………
…………………………………………………………
Previous verifications (first time, periodic, casual) qualified under
verification document No. day/month/year, etc.
Next deadline of technical safety verification ……………
Location, day/month/year
DIRECTOR
(Signature, full name and stamp)
12
SOCIAL REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------------
. . . . . . . . , day/month/year . . . . . .
Form No. 02 (issued
together with Circular No.
04/2008/TT-BLDTBXH
dated 27/02/2008 of
Ministry of Labour,
Invalids and Social Affairs)
REGISTRATION DECLARATION SHEET
Objects with strict OSH requirements
To: Department of Labour - Invalids and Social Affairs . . . . . . . .
According to Circular No. 04/2008/TT-BLDTBXH dated 27 February 2008 of Ministry of
Labour, Invalids and Social Affairs for regulations and guidance on registration and verification
of machines, equipment and materials subject to strict occupational safety requirements;
Establishments or individuals:
Headquartered at:
Telephone No.: . . . . . . . . . . . . Fax: . . . . . . . . . . . . E-mail: . . . . . . . . . . . .
Declare the registration of objects subject to strict occupational safety requirements as follows:
No. TECHNICAL
SPECIFICATIONS
OBJECT NAME
COD
E
MANU
FACTU
RER
INSTA
LLER
KEY TECHNICAL
FEATURES AIM OF
OPERATION
(A) (B) (C)
13
HEAD OF ESTABLISHMENT (OR INDIVIDUALS)
(Signature, full name and stamp)
Note: * Technical features include the following data:
- For pressure equipment, specify, A: pressure (bar), B: capacity (litre), C: productivity (Kg/h,
Kcal/h);
- For lifting equipment, specify, A: load (T), B: traveling height (m), C: lifting speed (m/s);
- For elevator, specify, A: load (Kg), B: number of stops, C: speed (m/s);
- For public entertainment places, specify, A: load (Kg), B: maximum height (m), C: speed (m/s);
* In case of re- registration, the word ‘ Re-registration’ shall be put under the word
“Declaration registration sheet”.
14
REGISTER FOR LIFTING EQUIPMENT
Form No. 03 (issued together with
Circular No. 04/2008/TT-
BLDTBXH dated 27/02/2008 of
Ministry of Labour, Invalids and
Social Affairs)
REGISTRATION
NO.
EQUIPMENT
TYPE CODE
MANUFACTURE
NO.
COUNTRY
OF
ORIGIN
MANUFACTURE
YEAR
TONNAGE
(T)
APERTURE
-
ARM’S
REACH
(M)
LIFTING
SPEECH
(m/ph)
USER
–
ADDRESS
REGISTRATION
1 2 3 4 5 6 7 8 9 10
15
Note:
- Type of equipment (column 2 ): Specify if equipment is car crane , chain wheel cranes, bridge cranes, traveling cranes, electical wicnh rope hoist,
etc.
- Equipment code (column 3): Specify the code of manufacturer
16
REGISTER FOR ELEVATOR AND ESCALATOR
REGISTRAT
ION NO.
TYPE OF
EQUIPM
ENT
COD
E
MANUFACT
URE NO.
COUNT
RY
OF
ORIGIN
MANUFACT
URE YEAR
TONNA
GE OR
CAPACI
TY
NO.
OF
FLOO
RS OR
WIDT
H
SPEE
D
(M/P
H)
USER
–
ADDRE
SS
REGISTRAT
ION DATE
NOT
E
1 2 3 4 5 6 7 8 9 10 11 12
17
Note:
- Equipment type (column 2): Specify if equipment is elevator for people, elevator for cargo without people, escalator, etc.
- Equipment code (column 3) : Specify the code of manufacturer
- Column 7 : Specify Tonnage (KG) for Elevator); capacity (people/h)for escalator
- Column 8: Specify No. of service floors for elevator; width (mm) for escalator
REGISTER FOR PRESSURE EQUIPMENT
REGISTRATION
NO.
TYPE OF
EQUIPMENT CODE
MANUFACTURE
NO.
COUNTRY
OF
ORIGIN
MANUFACTURE
YEAR
OPERATIONAL
PRESSURE
(KG/CM2)
LOAD OR
PRODUCTIVITY
USER
–
ADDRESS
1 2 3 4 5 6 7 8 9
19
- Type of equipment (column 2 ): Specify if equipment is steam boiler, heat cooker, air conditioner, pressure tank, etc.
- Equipment code (column 3): Specify the code of manufacturer.
REGISTer for industrial explosive materials
REGISTRATION
NO.
NAME OF
EXPLOSIVE
MATERIALS
PURPOSE OF
OPERATION
LOCATION OF
OPERATION NAME-ADDRESS OF
USER
REGISTRATION
DATE
NOTE
1 2 3 4 5 6 7
21
Ministry: (Locality…)
NAME OF
VERIFICATION
ORGANIZATION
……
No.: ………………
SOCIAL REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------------
Day/month/year
Form No. 04 (issued
together with
Circular No. 04/2008/TT-
BLDTBXH dated
27/02/2008 of
Ministry of Labour,
Invalids and Social
Affairs)
REPORT ON VERIFICATION SITUATION
To: Department of Labour, Invalids and Social Affairs.
To implement regulations in the Circular No. 04/2008/TT-BLDTBXH dated 27 February
2008 of Ministry of Labour, Invalids and Social Affairs on regulating and guiding procedures to
register and verify machines, equipment and materials subject to strict occupational safety and
health requirements, verification organization.............................................. report the situation of
verification for (6 months, 1 year)........................ as follows :
N
o OBJECT NAMES
QUANTITY OF VERIFIED OBJECTS NOTE
First time Periodic
Qualified Unqualifie
d
Qualified Unqualifie
d
1. Pressure equipment
2. Elevator
3. Escalator
4. Lifting quipment
22
5. ......
DIRECTOR
(Signature, full name and stamp)
People’s Committee
Province, City...
DEPARTMENT OF
LABOUR, INVALIDS
AND SOCIAL
AFFAIRS
----------------
No.:................
SOCIAL REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
Day/month/year
Form No. 05 (issued
together with
Circular No. 04/2008/TT-
BLDTBXH dated
27/02/2008 of
Ministry of Labour,
Invalids and Social Affairs)
REPORT ON SITUATION OF REGISTRATION, VERIFICATION
To: Ministry of Labour - Invalids and Social Affairs.
To implement regulations in the Circular No. 04/2008/TT-BLDTBXH dated 27
February 2008 of Ministry of Labour, Invalids and Social Affairs on regulating and guiding
23
procedures to register and verify machines, equipment and materials with strict occupational
safety requirements, the Department of Labour, Invalids and Social Affairs
...........................report the local situation of registration and verification in... .................. (6 months,
1 year) .................................. as follows:
No NAMES OF
OBJECTS
QUANTITY OF VERIFIED
OBJECTS
QUATITY OF
REGISTERED
OBJECTS
NOTE
First time Periodic
1 Pressure equipment
2 Elevator
3 Escalator
4 Lifting equipment
5 ......
TOTAL
DIRECTOR OF DOLISA
(Signature, full name and stamp)