Obligations of employers to organize labor safety and hygiene training

Occupational safety and hygiene training is one of the important obligations of employers according to Article 7.2.b of the Law on Occupational Safety and Hygiene 2015. This regulation aims to create a safe working environment and ensure the effectiveness of the enterprise’s production and business activities. 

1. Responsibility for participating in training, organizing training on occupational safety and hygiene 

The provisions of Article 14 of the Law on Labor Safety and Hygiene 2015 stipulate the responsibility to participate in training and organize labor safety and hygiene training applicable to each specific subject as follows:  

  • Managers in charge of occupational safety and hygiene, occupational safety and hygiene workers, medical workers, safety and hygiene workers in production and business establishments must attend occupational safety and hygiene training courses and be granted certificates by occupational safety and hygiene training organizations after passing tests and examinations. 
  • Employers shall organize training for employees doing jobs with strict requirements on safety and occupational hygiene and issue safety cards before assigning them to this job. 
  • Employees working without a labor contract must be trained in occupational safety and hygiene when performing jobs with strict requirements on occupational safety and hygiene and be issued a safety card. 
  • Employers shall organize training themselves and be responsible for the quality of training on occupational safety and hygiene for employees not subject to the provisions of points a, b, c, apprentices, trainees, and probationary employees before recruitment or work arrangement and periodically retrain to equip them with sufficient knowledge and skills necessary to ensure occupational safety and hygiene during the working process, in accordance with the assigned job position.

Training on occupational safety and hygiene must be appropriate to the characteristics and nature of each industry, job position, and labor scale and must not cause difficulties to production and business activities. Employers will, based on the specific conditions of the production and business establishment, proactively organize separate training on occupational safety and hygiene or combine training on occupational safety and hygiene with training on fire prevention and fighting or other training content prescribed by specialized laws. 

Training of subjects specified in points a, b, c must be carried out by public service units and enterprises providing occupational safety and hygiene training services . In case an enterprise conducts occupational safety and hygiene training for these subjects, it must meet the operating conditions as for occupational safety and hygiene training organizations. 

List of jobs with strict requirements on occupational safety and hygiene is specified in Circular 06/2020/TT-BLDTBXH. 

2. Participants of occupational safety and hygiene training course 

According to the provisions of Article 17 of Decree 144/2016/ND-CP, the subjects responsible for attending occupational safety and hygiene training courses are divided into the following groups: 

  • Group 1: Heads of production and business units, establishments and affiliated departments, offices and branches; heads of production, business and technical departments; workshop managers or equivalent; deputy heads as prescribed in this Clause are assigned to be in charge of occupational safety and hygiene.
  • Group 2: People working in occupational safety and hygiene include: Full-time and part-time occupational safety and hygiene specialists of the facility; people directly supervising occupational safety and hygiene at the workplace.
  • Group 3: Workers doing jobs with strict requirements on occupational safety and hygiene are those doing jobs on the List of jobs with strict requirements on occupational safety and hygiene issued by the Ministry of Labor, War Invalids and Social Affairs. 
  • Group 4: Employees not belonging to groups 1, 3, 5, 6 specified in this clause, including apprentices, trainees, and probationary employees working for employers.
  • Group 5: Medical workers. 
  • Group 6: Safety and hygiene workers as prescribed in Article 74 of the Law on occupational safety and hygiene 

3. Content and duration of occupational safety and hygiene training 

Due to the specific characteristics and nature of work of each group of subjects, the specific content and time of occupational safety and hygiene training are as follows: 

 

STT  Group  Training content  Training time 

 

1.  Group 1 
  • System of policies and laws on occupational safety and hygiene; 

 

  • Occupational safety and hygiene work includes: Organizing the apparatus, managing and implementing regulations on occupational safety and hygiene at the facility; defining responsibilities and assigning authority on occupational safety and hygiene work; basic knowledge of dangerous and harmful factors, preventive measures, improving working conditions; safety culture in production and business. 

 

Initial training: at least 16 hours, including testing time. 
2.   Group 2 
  • System of policies and laws on occupational safety and hygiene; 

 

  • Occupational safety and hygiene work: Organizing the apparatus, managing and implementing regulations on occupational safety and hygiene at the facility; developing internal rules, regulations, processes and measures to ensure occupational safety and hygiene; defining responsibilities and assigning authority on occupational safety and hygiene work; safety culture in production and business; basic knowledge of dangerous and harmful factors, preventive measures, and improvement of working conditions; developing and urging the implementation of annual occupational safety and hygiene plans; analyzing, assessing risks and developing emergency response plans; developing a management system on occupational safety and hygiene; self-inspection work; occupational accident investigation work ; requirements for inspection, training and monitoring of the working environment; management of machinery, equipment, materials and substances with strict requirements on occupational safety and hygiene; Information, propaganda and training activities on occupational safety and hygiene; first aid for occupational accidents, prevention of occupational diseases for workers; emulation, rewards, discipline, statistics and reporting on occupational safety and hygiene; 

 

  • Specialized training content: General knowledge of machinery, equipment, materials, and substances that generate dangerous and harmful factors; safe working procedures with machinery, equipment, materials, and substances that have strict requirements on safety and labor hygiene. 

 

Total training time is at least 48 hours, including theoretical, practical and testing training time. 
3.   Group 3 
  • System of policies and laws on occupational safety and hygiene; 

 

  • Basic knowledge of occupational safety and hygiene: Policies and regulations on occupational safety and hygiene for workers; basic knowledge of dangerous and harmful factors in the workplace and methods to improve working conditions; functions and tasks of the safety network and hygiene workers; safety culture in production and business; regulations on occupational safety and hygiene, signs, signs of occupational safety and hygiene and use of safety equipment and personal protective equipment; professional skills and first aid for occupational accidents and prevention of occupational diseases; 

 

  • Specialized training content: General knowledge of machinery, equipment, materials, substances that generate dangerous and harmful factors and methods of analysis, assessment, and risk management related to work with strict requirements on safety and occupational hygiene that the trainee is doing; safe working procedures, occupational hygiene; safety techniques, occupational hygiene related to the worker’s work. 

 

Total training time is at least 24 hours, including testing time. 
4.   Group 4 
  • Basic knowledge of occupational safety and hygiene: Rights and obligations of employers and employees; policies and regulations on occupational safety and hygiene for employees; basic knowledge of dangerous and harmful factors in the workplace and methods to improve working conditions; functions and tasks of the safety network and hygiene workers; safety culture in production and business; regulations on occupational safety and hygiene, signs, signs of occupational safety and hygiene and use of safety equipment, personal protective equipment, professional skills and first aid for occupational accidents, prevention of occupational diseases. 

 

  • Direct training at the workplace: Working procedures and specific requirements for safety and occupational hygiene at the workplace. 

 

Initial training: at least 16 hours, including testing time. 
5.  Group 5 
  • System of policies and laws on occupational safety and hygiene; 

 

  • Occupational safety and hygiene work includes: Organizing the apparatus, managing and implementing regulations on occupational safety and hygiene at the facility; defining responsibilities and assigning authority on occupational safety and hygiene work; basic knowledge of dangerous and harmful factors, preventive measures, improving working conditions; safety culture in production and business. 

 

Total training time is at least 16 hours, including testing time. 
6.  Group 6 
  • Workers participating in the safety and hygiene network, in addition to the prescribed occupational safety and hygiene training, are also provided with additional training in the skills and methods of working as safety and hygiene workers. 

 

Total training time is at least 4 hours in addition to the training content on occupational safety and hygiene. 

 

 

4. Legal consequences of failure to comply with occupational safety and health training obligations 

In case the employer fails to comply with the above occupational safety and hygiene training obligations, pursuant to Clause 1, Article 6 and Article 25.1 of Decree 12/2022/ND-CP, the employer may be subject to administrative sanctions as follows: 

 

Behavior  Form of punishment 

 

For individuals 

 

For organizations 

 

Not organizing occupational safety and hygiene training for workers according to the provisions of law  Fine from 5,000,000 VND to 50,000,000 VND 

 

(Depends on number of employees) 

 

Fine from 10,000,000 VND to 100,000,000 VND 

 

(Depends on number of employees) 

Using workers who have not been issued safety cards as prescribed by law to do work with strict requirements on safety and labor hygiene before being assigned to do this work. 

 

Fine from 5,000,000 VND to 50,000,000 VND 

 

(Depends on number of employees) 

Fine from 10,000,000 VND to 100,000,000 VND 

 

(Depends on number of employees) 

See more:

1/ Some issues related to the training, improvement, and skill enhancement of employees under the labor code

2/ Obligations of employers in using machinery, equipment, supplies and substances subject to strict occupational safety and health requirements

 

Disclaimers:

This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.

For issues related to the content or intellectual property rights of the article, please email cs@apolatlegal.vn.

Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to Employment and contact our team of lawyers in Vietnam via email info@apolatlegal.com.

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