15:30 | 22/04/2024

Decree 44/2016/ND-CP: What is the first minimum training time for occupational safety and hygiene officers in Vietnam (in addition to the training time of occupational safety and hygiene)?

Decree 44/2016/ND-CP: What is the first minimum training time for occupational safety and hygiene officers in Vietnam (in addition to the training time of occupational safety and hygiene)? - asked Mrs. M.D (Binh Dinh)

Are occupational safety and hygiene officers required to participate in training in occupational safety and hygiene in Vietnam?

Pursuant to Clause 1, Article 14 of the Law on Occupational Safety and Hygiene 2015, participation in occupational safety and hygiene training is prescribed as follows:

Training in occupational safety and hygiene
1. Managers in charge of occupational safety and hygiene, persons in charge of occupational safety and hygiene, health officers, occupational safety and hygiene officers in the business entities are required to participate in training in occupational safety and hygiene and they are issued certificates by institutions providing training in occupational safety and hygiene upon their examination pass.
If there is any change in policies, law or science and technology in terms of occupational safety and hygiene, they must be provided with training in new knowledge about occupational safety and hygiene.

In addition, Article 17 of Decree 44/2016/ND-CP amended by Clause 5, Article 1 of Decree 140/2018/ND-CP stipulates

Persons eligible to join the occupational safety and hygiene training course
1. Group 1: Heads of trading and production facilities and affiliated departments and branches; heads of production/trade/technical departments; managers of factories or equivalents; deputy heads trading and production facilities mentioned in this Clause responsible for occupational safety and hygiene.
2. Group 2: Persons responsible for occupational safety and hygiene, including full-time or part-time officials responsible for occupational safety and hygiene; supervisors directly overseeing occupational safety and hygiene in the workplace.
3. Group 3: Employees performing the tasks subject to strict requirements for occupational safety and hygiene, which are on the list of tasks subject to strict requirements for occupational safety and hygiene promulgated by the Ministry of Labor, War Invalids and Social Affairs.
4. Group 4: Employees other than those in Groups 1, 3, 5 and 6 mentioned in this Clause, including apprentices and interns working for employers.
5. Group 5: Persons providing healthcare services.
6. Group 6: Occupational safety and hygiene officers specified in Article 74 of the Law on Occupational Safety and Hygiene

Thus, occupational safety and hygiene officers must participate in training in occupational safety and hygiene.

Decree 44/2016/ND-CP: What is the first minimum training time for occupational safety and hygiene officers in Vietnam (in addition to the training time of occupational safety and hygiene)? (Image from the Internet)

Decree 44/2016/ND-CP: What is the first minimum training time for occupational safety and hygiene officers in Vietnam (in addition to the training time of occupational safety and hygiene)?

Pursuant to Article 19 of Decree 44/2016/ND-CP amended by Clause 6, Article 1 of Decree 140/2018/ND-CP, the first minimum training time for occupational safety and hygiene officers (in addition to the training time of occupational safety and hygiene) as follows:

Training time
The first minimum training time is provided for as follows:
1. Group 1 and Group 4: The total training time is at least 16 hours, including the testing time.
2. Group 2: The total training time is at least 48 hours, including the training time of theory, practice and testing time.
3. Group 3: The total training time is at least 24 hours, including the testing time.
4. Group 5: The total training duration is at least 16 hours, including the examination duration
5. Group 6: The total training time is at least 4 hours in addition to the training time of occupational safety and hygiene.

Thus, Decree 44/2016/ND-CP of the Government dated May 15, 2016 stipulates that the first minimum training time for occupational safety and hygiene officers (in addition to the training time of occupational safety and hygiene) is at least 4 hours.

What are the obligations of occupational safety and hygiene officers in Vietnam?

Pursuant to Clause 4, Article 74 of the Law on Occupational Safety and Hygiene 2015, each occupational safety and hygiene officer has obligations to:

- Expedite, remind and give instructions for members in groups, teams, workshops in strict observance of regulations on occupational safety and hygiene, preservation of safety equipment and personal protective equipment; remind group leaders, team leaders or foremen in observance of regulations on occupational safety and hygiene.

- Observe the implementation of standards, process and internal regulations of occupational safety and hygiene, detect mistakes or violations against occupational safety and hygiene, cases threatening safety and hygiene of machinery, equipment, materials or substances and the workplace;

- Participate in formulation of plans for occupational safety and hygiene; participate in instructions in working safety measures for new comers at the group;

- Request the group leader or senior to provide adequate personal protective equipment, measures for assurance of occupational safety and hygiene and take actions against cases threatening safety and hygiene of machinery, equipment, materials or substances and the workplace;

- Send reports to the trade union or labor inspectorate when violations against occupational safety and hygiene at the workplace are detected or cases threatening safety and hygiene of machinery, equipment, materials or substances having strict safety and hygiene requirements that are requested to the employer and no action are taken.

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