The employer who does not organize chemical safety training for 30 workers will be fined as such. What?

Regulations on organizing chemical safety training?

Pursuant to Article 31 of Decree 113/2017/ND-CP on the organization of chemical safety training, it stipulates:

– Organizations and individuals engaged in chemical activities are responsible for organizing chemical safety training or appointing subjects specified in Article 32 of this Decree to participate in training courses of chemical safety training organizations every 2 years.

– Chemical safety training activities can be organized separately or combined with other safety training activities prescribed by law.

– Trained people must be retrained in the following cases: When there is a change in chemical types, technology, facilities, and production plans related to the working position; when the trained person changes work positions; After 02 inspections, the trained person does not meet the requirements; when the 2-year period expires from the previous training session.

– Regulations on chemical safety training in this Chapter do not apply to organizations and individuals operating in petroleum, oil and gas, and industrial explosives; Organizations and individuals transporting chemicals by motorized means of road, rail and inland waterway.

Who must receive chemical safety training?

Pursuant to Article 32 of Decree 113/2017/ND-CP, accordingly:

“Article 32. Subjects must receive chemical safety training

1. Group 1, including:

a) Heads of units, production and business establishments and affiliated departments, divisions and branches; In charge of production, sales and technical departments; workshop foreman or equivalent;

b) The head’s deputy as prescribed in Point a, Clause 1 of this Article is assigned to be in charge of chemical safety.

2. Group 2, including:

a) Full-time and part-time staff in charge of chemical safety at the facility;

b) Person who directly supervises chemical safety at the workplace.

3. Group 3, includes workers directly related to chemicals.”

Thus, according to the above regulations, workers directly related to chemicals are subject to chemical safety training and belong to Group 3.

Legal regulations on the content and duration of chemical safety training for Group 3?

Pursuant to Article 33 of Decree 113/2017/ND-CP on Content, trainers, and duration of chemical safety training for Group 3, accordingly:

– Content of safety training All chemicals must be suitable for the job position of the person being trained; the nature, type, and level of danger of chemicals at the chemical facility.

-Training content for Group 3:

+ Chemicals in production, business, storage and use of chemicals at chemical establishments: Chemical names, dangerous properties, chemical classification and labeling, chemical safety sheets;

+ Risks of chemical insecurity in the production, trading, storage and use of chemicals;

+ Processes for production, storage, and use of chemicals appropriate to the working location; regulations on chemical safety;

+ Chemical incident response procedures: Use rescue vehicles to handle fires, explosions, leaks, and chemical dispersions; First aid for victims in chemical incidents; Use, preserve, and check safety equipment, vehicles, and personal protective equipment to respond to chemical incidents; incident notification process and communication diagram; prevent and limit sources of pollution spreading to the environment; Collecting spilled chemicals, remediating the environment after chemical incidents.

– Regulations for chemical safety trainers: Chemical safety trainers must have a university degree or higher in the chemical field and have at least 5 years of experience working on chemical safety.

– Regulations on chemical safety training time: For Group 3: Minimum 16 hours, including inspection time.

What is the penalty for failing to organize chemical safety training for 30 workers?

Pursuant to the provisions in Point b, Clause 1, Article 11 of Decree 71/2019/ND-CP, accordingly:

Article 11. Violation of regulations on chemical safety training substance

“1. The fine level for not organizing or not sending people to participate in periodic chemical safety training courses for group 3 subjects is prescribed as follows:

…

b) Fine from 5,000,000 VND to 10,000,000 VND for violations from 10 to less than 50 people in group 3;

In addition, according to Clause 2, Article 4 of this Decree, the fine for the above acts is applied to individuals. As for organizations, the fine is 2 times higher.

Thus, employers who do not organize periodic chemical safety training courses for 30 employees will be fined from 5,000,000 VND to 10,000,000 VND if they are individuals. In case the employer is an organization, the fine will be from 10,000,000 VND to 20,000,000 VND.