Circular No. 29/2018/TT-BLDTBXH the national technical regulation on safe work in confined spaces

CIRCULAR
On the promulgation of the national technical regulation on safe work in confined spaces

Pursuant to the Law No. 84/2015/QH13 on Occupational Safety and Health dated June 25, 2015;

Pursuant to the Government's Decree No. 39/2016/ND-CP dated May 15, 2016 detailing a number of articles of the Law on Occupational Safety and Health;

Pursuant to the Government's Decree No. 14/2017/ND-CP dated February 17, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

At the proposal of Director of the Department of Work Safety;

The Minister of Labor, Invalids and Social Affairs promulgates the Circular on the promulgation of the national technical regulation on safe work in confined spaces.

Article 1. Name and identification code of the National Technical Regulation

The national technical regulation on safe work in confined spaces is promulgated together with this Circular.

Its identification code: QCVN 34:2018/BLDTBXH.

Article 2. Organization of implementation

1. Organizations and individuals employing workers to work in confined spaces shall strictly comply with the provisions of the Regulation promulgated together with this Circular.

2. The ministries, the ministerial-level agencies, the Government-attached agencies, the People's Committees of the provinces and municipalities, and the concerned organizations and individuals shall be responsible for implementing this Circular.

Article 3. Effect

1. This Circular shall take effect from July 01, 2019.

2. In the course of implementation, if any problems arise, they shall be promptly reported to the Ministry of Labor, Invalids and Social Affairs for consideration and handling./. 

THE SOCIALIST REPUBLIC OF VIETNAM

QCVN 34:2018/BLDTBXH






 

NATIONAL TECHNICAL REGULATION ON SAFE WORK IN CONFINED SPACES

HANOI – 2018

Preface

QCVN 34:2018/BLDTBXH - the National technical regulation on safe work in confined spaces is drafted by the Department of Work Safety and promulgated by the Ministry of Labor, Invalids and Social Affairs together with the Circular No. 29/2018/TT-BLDTBXH dated December 25, 2018 after being appraised by the Ministry of Science and Technology.

NATIONAL TECHNICAL REGULATION ON SAFE WORK IN CONFINED SPACES

1. Scope of regulation and subjects of application

1.1. Scope of regulation

This Regulation specifies work safety requirements for people working in confined spaces.

1.2. Subjects of application

This Regulation is applicable to:

1.2.1. Organizations and individuals that employ workers in confined spaces;

1.2.2. Other concerned agencies, organizations, and individuals.

1.3. Interpretation of terms

1.3.1. Confined space is a space with the following characteristics:

1.3.1.1. It is large enough to accommodate workers;

1.3.1.2. Basically, it is not designed for people to conduct regular work inside;

1.3.1.3. There is one or more than one dangerous or harmful factor specified in section 1.3.2 of this Regulation in the space;

1.3.1.4. It has one of the following limitations or a combination of these limitations:

- Limitations in terms of workspace and position;

- Limited air exchange between indoors and outdoors;

- Limited entry and exit due to the location or size (causing difficulty to access emergency exits);

1.3.2. Dangerous and harmful factors in a confined space are those that can cause death, injury, fatigue, depression, and other occupational (acute or chronic) diseases for people working inside such confined space, including:

- The oxygen content in the air which is not enough to supply people working inside (19.5% smaller than the volume of the confined space);

- Toxic or hazardous substances in the air that can penetrate through the human respiratory system (toxic and hazardous substances in the form of gas, vapor or dust);

- Chemicals which are likely to cause chemical exposure by skin contact;

- Flammable substances in any form of solid, liquid, dust, vapor or gas that can cause fire or explosion if encountering a heat source;

- Unwanted material flows from outside (solid, powder, liquid, gas, or vapor) penetrating into the confined space with people working inside due to unsecured protection and isolation;

- Noise that exceeds permissible threshold;

- Moving parts and objects that can fall and cause injuries to people inside the confined space;

- Ultraviolet radiation;

- X-ray radiation;

- Ionizing radiation;

- Charge carriers and uncontrolled power supply leading to electric shock;

- Thing obstructing the workers’ vision;

- Unsafe spatial distortion;

- Harmful microorganisms.

1.3.3. Supervisors and leaders of the performances of work related to the confined spaces mean people authorized by the employers to manage the workers performing work related to the confined spaces (hereinafter referred to as supervisors or leaders).

1.3.4. Licensors mean people appointed by the employers to issue permits to perform work related to the confined spaces (or papers of equivalent value). Licensors shall have qualifications and experiences in occupational safety and health related to the production lines, machines, and equipment at the manufacturing facilities where the confined spaces are located.

1.3.5. Persons entering the confined spaces mean people who are allowed to work directly or supervise work performance in the confined spaces.

1.3.6. Guards of the confined spaces mean people assigned to stand outside and near the entrances of the confined spaces to monitor, supervise and help people enter in such confined spaces.

1.3.7. Persons in charge of gas measurement and check in the confined spaces mean people who are allowed to measure and check the content of oxygen, hazardous gases, and explosive gases in the confined spaces to ensure that these gases are within the safe limits before and while the workers enter such confined space.

2. General provisions

2.1. Responsibilities

2.1.1. Responsibilities of employers.

- Appointing and authorizing the licensors, suspending the work when it does not comply with the regulations on the permits to perform work related to the confined space or not ensure occupational safety and health.

- Assigning persons to measure and check gases in the confined spaces with the risk of lacking oxygen or having toxic gases, flammable, and explosive gases.

- Issuing regulations on the minimum capacity and standards for the positions: persons entering the confined spaces, guards of the confined spaces, persons in charge of gas measurement and check in the confined spaces, supervisors, leaders, and licensors.

- Being responsible for issuing occupational safety and health procedures when performing work related to the confined spaces and other work control procedures (if any) to ensure safety for people when entering and working in the confined spaces.

- Ensuring that supervisors, leaders, licensors, persons entering the confined spaces, and guards of the confined spaces are well trained in occupational safety and health as prescribed in Section 4.2. of this Regulation.

2.1.2. Responsibilities of supervisors and leaders.

- Before deploying work related to the confined spaces, making plans about the number of people working in the confined spaces, guards of the confined spaces, measures to ensure occupational safety and health for workers in the confined spaces in order to propose the licensors to issue permits to perform work in such confined spaces;

- Leading and coordinating the work, ensuring occupational safety and health.

2.1.3. Responsibilities of licensors

- Based on regulations on occupational safety and health, the occupational safety and health procedures of the facilities, and the capacity and standards of relevant persons, issuing permits to perform work in such confined spaces;

- Supervising the implementation of regulations on work permits related to the confined spaces.

2.1.4. Responsibilities of persons entering the confined spaces

- Complying with the provisions of this Regulation, other law provisions on occupational safety and health, and the requirements stated in the occupational safety and health procedures when performing work related to the confined spaces.

- Complying with the directions of the supervisors and leaders.

- Following the instructions of the guards of the confined spaces.

- Notifying the guards of the confined spaces, the supervisors, leaders, and other competent persons if detecting newly-arising hazards, dangerous factors, or risks while working in the confined spaces.

2.1.5. Responsibilities of the guards of the confined spaces

- Being regularly present near the confined spaces in order to control people entering and leaving the spaces; recording personal information and entry and exit time of people entering and leaving the confined spaces.

- Preventing unauthorized and irresponsible people from entering the confined spaces.

- Maintaining regular contact with people working inside the confined spaces and providing support and rescue when needed.

- Notifying the rescue teams in cases where dangerous situation or emergency occurs.

2.1.6. Responsibilities of persons in charge of gas measurement and check

- Using measuring devices in accordance with the Law on Measurement.

- Taking responsibility for inspecting gas measuring and checking devices to ensure the accuracy of measurement results.

- Measuring and checking gases in accordance with the occupational safety and health procedures of the facilities.

- Clearly recording the time and results of gas measurement and check in the confined spaces and signing for certification of such results in the gas measurement result sheets and notifying the gas measurement results to the licensors and the supervisors or leaders.

- Notifying the competent persons at the facilities in cases where the gas measurement results are not within safe limits or the gases are likely to exceed the safety limits.

2.2. Regulations on entering and leaving the confined spaces

2.2.1. The employers or the direct managers of the manufacturing facilities shall ensure that the risk assessment and control of the dangerous and harmful factors for humans are completed prior to licensing or allowing people to enter the confined spaces. If the results of the risk assessment show that the confined spaces are at high risk of causing death, injuring, or poisoning people entering such confined spaces, there shall be solutions to overcome such risks.

2.2.2. No one shall be allowed to enter the confined spaces without permission or approval by the competent persons of the facilities.

2.2.3. Entrances to the confined spaces shall be attached to warning signs of dangerous areas and staff only. When there are no one inside and the guards are absent, entrances to the confined spaces shall be properly shielded to prevent unauthorized and irresponsible persons from entering them.

2.2.4. Adequate light for people entering and working inside the confined spaces shall be ensured.

2.2.5. Adequate natural ventilation or adequate supply of fresh air into the confined spaces shall be ensured before and while people work inside the spaces; or measures shall be taken to provide oxygen directly to each worker in the confined spaces.

The air for ventilation and supply for the confined spaces shall be obtained from clean outdoor air sources.

It is required to ensure that exhausts from inside the confined spaces do not cause harm to the people working outside or around such confined spaces.

2.2.6. No one shall be allowed to enter the confined spaces without completing safety measures.

2.2.7. Working in the confined spaces shall be stopped and permits shall be revoked

- When the air quality or dangerous or harmful factors pose risks of death, injury, depression, or other occupational diseases to the workers, the guards of the confined spaces or other concerned people shall notify the supervisors and leaders to temporarily suspend the work to ensure safety for people inside the confined spaces and immediately notify the licensors.

- When receiving the reports, the licensors shall stop the work and revoke the permits granted for such work.

2.2.8. Once the work in the confined spaces is completed, the supervisors, leaders and licensors shall confirm completion of the work in order to close the permits.

3. Permits to work in the confined spaces

3.1. A permit to enter the confined space shall contain the following contents:

- Description of the location, the name and code number (if any) of the confined space;

- Description of the work to be performed in the confined space;

- Full name of the supervisor, leader;

- Full names of people working in confined spaces and the guards;

- Full name of the person responsible for issuing the permit and the time when the permit is issued;

- Measurement and check results of the air in the confined space prior to licensing and additional requirements on frequency and location of air measurement and check before and while performing the work;

- Duration/validity of the permit to enter the confined space;

- Safety measures that must be taken before and maintained while performing the work in the confined space;

- Other contents in accordance with requirements of the manufacturing facility where the confined space is located.

3.2. A permit to work in a confined space which is closed or revoked should be kept at the manufacturing facility for at least 01 (one) year.

4. Other regulations

4.1. Permitted limits of air in the confined spaces

- The amount of oxygen in the air shall account for 19.5% to 23.5% by volume.

- The content of flammable gases in the confined spaces must be less than 10% of the Lower Explosive Limit of the flammable gas.

- The content of each hazardous substance in the air in the confined spaces shall not exceed the permissible exposure limit.

4.2. Contents of training in occupational safety and health for work related to the confined spaces shall include:

- Dangerous and harmful factors when performing work related to the confined spaces;

- Measures to control dangerous and harmful factors;

- Working plans to ensure occupational safety and health;

- Other requirements stated in occupational safety and health procedures when performing work related to the confined spaces.

4.3. Response to emergency

4.3.1. Persons appointed to join the rescue forces in the confined spaces shall be well trained in occupational safety and health with the contents specified in Section 4.2 of this Regulation.

4.3.2. The employers shall ensure sufficient equipment and vehicles for the rescue teams.

5. Inspection and handling of violations

Inspection and handling of violations during the implementation of this Regulation shall be carried out by the State inspection of labor and the inspection of occupational safety and health.

6. Responsibilities of organizations and individuals

6.1. Organizations and individuals that employ workers in the confined spaces shall comply with this Regulation.

6.2. This Regulation will serve as the basis for agencies to inspect the compliance on safety requirements for workers working in the confined spaces.

7. Organization of implementation

7.1. The Department of Work Safety under the Ministry of Labor, Invalids and Social Affairs shall be responsible for guiding and inspecting the implementation of this Regulation.

7.2. The local agencies in charge of State management over labor shall be responsible for guiding, inspecting, and examining the implementation of this Regulation.

7.3. In the course of implementation, if any problems arise, concerned agencies, organizations and individuals shall promptly report them to the Ministry of Labor, Invalids and Social Affairs for consideration and handling./.