To minimize the risk of occupational accidents and to ensure the safety of workers during the work process, enterprises must organize occupational safety and hygiene training courses. So, who are the participants in occupational safety training? How long is the training duration? How will the enterprises be penalized if they do not organize training?
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Who participates in occupational safety training in businesses? (Illustrative image)
The editorial team of THU KY LUAT answers as follows:
Subjects participating in occupational safety training in businesses
Based on Clause 5, Article 1 of Decree 140/2018/ND-CP amending Article 17 of Decree 44/2016/ND-CP on the subjects participating in occupational safety and hygiene training courses include:
- Group 1: Heads of units, production, business establishments, departments, branches; heads of production, business, technical departments; workshop managers or equivalents; deputies of the heads as specified in this Clause who are assigned the task of overseeing occupational safety and hygiene.- Group 2: Persons engaged in occupational safety and hygiene work, including: full-time and part-time occupational safety and hygiene staff at the establishment; persons directly supervising occupational safety and hygiene at the workplace.- Group 3: Employees doing jobs with stringent requirements on occupational safety and hygiene are those working in jobs listed in the category of jobs with stringent requirements on occupational safety and hygiene issued by the Ministry of Labor, Invalids and Social Affairs.- Group 4: Employees not belonging to groups 1, 3, 5, 6 specified in this clause, including apprentices, probationers working for employers.- Group 5: Medical staff.- Group 6: Safety and hygiene staff as specified in Article 74 of the Law on Occupational Safety and Hygiene.
Thus, according to the above regulation, it can be seen that the 6 groups of subjects above include all employees in the business who must participate in occupational safety training.
What is the minimum initial training duration for occupational safety?
According to Article 19 of Decree 44/2016/ND-CP, amended by Clause 6, Article 1 of Decree 140/2018/ND-CP, the minimum initial training duration for different groups is stipulated as follows:
- Group 1, Group 4: The total training time is at least 16 hours, including the testing time.- Group 2: The total training time is at least 48 hours, including theoretical, practical training, and testing time.- Group 3: The total training time is at least 24 hours, including the testing time.- Group 5: The total training time is at least 16 hours, including the testing time.- Group 6: The total training time is at least 4 hours in addition to the already trained occupational safety and hygiene content.
Penalties for businesses not organizing occupational safety training
According to Clause 1, Article 24 of Decree 28/2020/ND-CP, a fine is imposed on the employer who fails to organize occupational safety and hygiene training for employees as prescribed by law or agrees with a training organization to not deliver training but still receive training results at any of the following levels:
- From VND 5,000,000 to VND 10,000,000 for violations involving 01 to 10 people;- From VND 10,000,000 to VND 20,000,000 for violations involving 11 to 50 people;- From VND 20,000,000 to VND 30,000,000 for violations involving 51 to 100 people;- From VND 30,000,000 to VND 40,000,000 for violations involving 101 to 300 people;- From VND 40,000,000 to VND 50,000,000 for violations involving 301 or more people.
Thus, according to the above regulation, a penalty ranging from VND 5 million to 50 million is imposed on businesses not organizing occupational safety training for employees as prescribed by law. Therefore, it can be seen that occupational safety training is necessary for employees to minimize occupational accidents and protect the lives of employees, and businesses need to organize occupational safety training as prescribed by law.
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