Circular 51/2015/TT-BLDTBXH National technical regulation on safe work for Forklift truck use the engine

CIRCULAR

On promulgating the National technical regulation on safe work for Forklift truck use the engine, with load from 1,000 kg or more

Pursuant to the Government's Decree No. 106/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to the Government's Decree No. 127/2007/ND-CP dated August 01, 2007, detailing the implementation of a number of articles of the Law on Standards and Technical Regulations;

Pursuant to the Government's Decree No. 132/2008/ND-CP dated December 31, 2008, detailing the implementation of a number of articles of the Law on Product and Goods Quality;

At requests of the Director of the Department of Work Safety,

The Minister of Labor, Invalids and Social Affairs hereby promulgates the Circular on promulgating the National technical regulation on safe work for Forklift truck use the engine, with load from 1,000 kg or more.

Article 1. To promulgate together with this Circular the National technical regulation on safe work for Forklift truck use the engine, with load from 1,000 kg or more.

QCVN 25:2015/BLDTBXH.

Article 2. This Circular takes from January 25, 2016.

Article 3. Ministries, ministerial-level agencies, Government-attached agencies, People’s Committees of provinces and centrally-run cities, relevant organizations and individuals shall be responsible for the implementation of this Circular./.

QCVN 25: 2015/BLDTBXH

NATIONAL TECHNICAL REGULATION ON SAFE WORK FOR FORKLIFT TRUCK USE THE ENGINE, WITH LOAD FROM 1,000 KG OR MORE

Preface

QCVN 25:2015/BLDTBXH - National technical regulation on safe work for Forklift truck use the engine, with load from 1,000 kg or more is compiled by the Department of Work Safety, promulgated by the Ministry of Labor, Invalids and Social Affairs under the Circular No. 51/2015/TT-BLDTBXH dated December 08, 2015, after obtaining the Ministry of Science and Technology’s appraisal.

NATIONAL TECHNICAL REGULATION ON SAFE WORK FOR FORKLIFT TRUCK USE THE ENGINE, WITH LOAD FROM 1,000 KG OR MORE

1. General provisions

1.1. Scope of regulation

1.1.1. This Regulation prescribes occupational safety requirements for self-propelled industrial trucks with the load from 1,000 kg or more but not exceeding 10,000 kg and tows with a standard tow hook up to 20,000 N (hereinafter referred to as forklift trucks).

1.1.2. For forklift trucks operating in strict conditions with special scope of operations (such as forklift trucks for transport of explosives, chemicals, etc.) and operating in abnormal environment, in addition to this Regulation, they also have to conform to other respective technical regulations.

1.1.3. This regulation does not apply to:

- Low-lift platform trucks, without cargos (ISO 5053:1987 Powered industrial trucks – Terminology);

- High-lift platform trucks, with cargos (ISO 5053:1987 Powered industrial trucks - Terminology);

- Natural gas forklifts;

- Single-axle powered industrial trucks

1.2. Subjects of application

This Regulation applies to:

1.2.1. Organizations and individuals that import, manufacture, sell and use forklift trucks.

1.2.2. State management agencies, relevant organizations and individuals.

1.3. Interpretation of terms

In this Regulation, the terms below are construed as follows:

1.3.1. Self-propelled industrial truck

Refers to any vehicle with an array of wheels (other than those traveling on railways) which are designed for transporting, pulling, pushing, lifting, loading or unloading cargoes of all tonnage, and operated by an operator who may walk along with the truck or ride on the truck.

Refers to any wheeled vehicle, other than those running on rails, that is designed to carry, tow, push, lift, stack or tier in racks any kind of load and is controlled by an operator who either walks with the vehicle or rides on a specially arranged driving platform which is arranged on the vehicle.

1.3.2. Operator

Refers to a person who has been trained and granted an occupational safety and health certificate; a license for operating forklift trucks, and takes all responsibilities for the operation of the forklift truck.

1.3.3. Normal operating position

Means a position where the operator is able to effectively operate the forklift truck.

1.3.4. Low lift height

Refers to the lifting height that provides enough space between the floor and the bottom of the platform or fork arm to the floor; the low lift height shall not exceed 500 mm.

1.3.5. Automatically acting brake

Automatically acting brake can automatically operate on reserved power of the forklift truck if the forklift truck is out of control.

1.3.6. Rated capacity

Rate capacity is measured by kg as decided by the manufacturer within which the forklift truck can work in standard conditions as prescribed.

1.3.7. Actual capacity

Refers to the maximum capacity measured by kg within which the forklift truck can work in normal conditions.

2. Technical provisions

2.1. Specific provisions

2.1.1. Sharp edges or angles at the operator’s working environment and surrounding areas of access and exit roads shall be removed.

2.1.2. Forklifts truck shall be equipped with a protective structure to prevent from unexpected operations by unauthorized people.

2.1.3. Components equipped for pedestrian-operated forklift trucks and components equipped for forklift trucks on which operators is riding shall not be exchanged for each other.

2.1.4. Stand-up forklift trucks and pedestrian-operated forklift trucks must be equipped with automatically acting brakes. Such brakes are as good as manual handbrakes.

2.1.5. At a particular time, the system of the forklift truck shall only be activated by only one operation position even though it has more than one operator’s seats (except for emergency shutdown systems).

2.1.6. The operating speed control system of the truck shall be so designed that an increased action of the speed control device will increase the truck’s travel speed and, when no longer acting on it, it shall automatically return to zero speed position.

2.1.7. Internal combustion engine forklift trucks must be equipped with safe components to prevent the engine from starting up when the gear box is stuck.

2.1.8. The maximum speed and acceleration of fixed-speed pedestrian-operated forklift trucks must be 0.5 km/h and 0.5 m/s², respectively. Such forklift trucks shall only be used for low-lift height.

2.1.9. The maximum speed of variable-speed pedestrian-operated forklift trucks must be 6 km/h, concurrently the operator’s speed must be controlled.

2.1.10. For stand-up forklift trucks, the designed speed must not exceed 16km/h.

2.1.11. The automatically acting brake must work as it does in normal conditions if the transmission is out of work.

2.1.12. For forklift trucks that are equipped with pedal-operated differential locks, the differentials shall be totally locked when the operators take their feet off the pedals.

2.1.13. Ride control systems

2.1.13.1. For stand-up or sit-down forklift trucks, the clockwise rotation of the steering wheel or any steering control device must push the truck to the right when driving forward.

2.1.13.2. In the event of a loss of power to the steering (including engine failure), it must be possible to maintain steering until the forklift truck comes to a controlled stop.

2.1.13.3. If the ride control system has more than one function, each separate function shall be clearly marked.

2.1.14. The fuel tank and its filling shall be isolated from the electrical system and the exhaust system by appropriate protective measures. Even if the fuel is spilled or leaked when filling, it will not spill into the engine compartment or onto electrical components or the exhaust system.

2.1.15. Safety for the operator’s seat

2.1.15.1. The operator’s seat must be arranged to ensure that, at the normal operating position, the operator is able to reach and operate all parts of the control system.

 2.1.15.2. Where the height of the cockpit floor is over 30cm, the handle must be arranged so that the operator can get up and down easily. This handle can also be a part of the forklift.

2.1.15.3. Where the height of the cockpit floor is over 55 cm, a stair shall be arranged. The distance between the first step and cockpit floor must not exceed 55 cm, and the distance between two steps must not exceed 55 cm.

2.1.15.4. The floor for the operator to stand to operate or to move up and down must have measures to prevent slipping and sliding of the floor.

2.1.15.5. If the height of the cockpit floor is over 1.2 m, protection means must be provided on all sides. The protection means may be balustrades or equally effective means. The railing is capable of opening outward.

2.1.16. Protective equipment

2.1.16.1. Sit-down forklift trucks and stand-up forklift trucks with the height of more than 1,800 mm shall be equipped with overhead and rear visors. The overhead visor must have a rigid structure to protect operators from falling objects.

2.1.16.2. Forklift trucks must be equipped with audible warning devices to warn surrounding others.

2.1.17. Operators must ensure a clear view for safe travel. In case of limited visibility, they should equip supporting equipment such as mirrors, cameras, visual and audible warning devices, etc.

2.1.18. Seat belts for stand-up and sit-down operators must be equipped on trucks.

3. Requirements on safety management for manufacture, import, sale and use of forklift trucks

3.1. A technical dossier of a forklift truck must comprise:

3.1.1. An overall explanation, specifying:

- Name and address of the manufacturer

- Code and year of manufacture

- Allowable capacity

- Structure drawings and principles of operation, equipment dimensions, main technical specifications of the system (control devices, safety devices, overload clutches, route restriction structure)

- Applicable standards of a forklift truck.

3.1.2. Assembly drawing of structural assemblies and associated parts of a forklift truck such as: fork lift, load carrier, extension parts, etc.

3.1.3. The overall drawing of the forklift truck with the main dimensions and parameters.

3.1.4. Load testing and testing procedures, handling procedures, troubleshooting, routine inspection, repair and maintenance procedures.

3.1.5. Operating manuals

3.2. Conditions for safety assurance for domestically-manufactured forklift trucks

3.2.1. Having sufficient technical dossiers as specified in Section 3.1 of this Regulation;

3.2.2. Domestically-manufactured forklift trucks must be announced conformity in accordance with Article 2 of this Regulation, on the basis of the certificate of conformity of the certifying agency designated by the Ministry of Labor, Invalids and Social Affairs.

3.2.2.1. In case of mass production of forklift trucks, the certification of conformity shall comply with method 5: testing typical samples and evaluating the manufacture process; supervising through the sample testing taken at the place of manufacture or on the market in combination with evaluating the manufacture process (prescribed in Appendix II to the Regulation on declaration of conformity and methods of assessment of the conformity with technical regulations and standards promulgated together with Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology).

3.2.2.2. In case of job production, the certification of conformity shall comply with method 8: testing or inspecting the entire product or goods (prescribed in Appendix II to the Regulation on declaration of conformity and methods of assessment of the conformity with technical regulations and standards promulgated together with Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology).

3.2.3. The manufacturer must announce the conformity and register the conformity for the forklift truck according to regulations, after such truck is certified conformable.

3.2.4. Being affixed regulation-conformity stamps before being sold on the market.

3.2.5. Undergoing the inspection and supervision of the agencies competent to inspect the goods quality.

3.3. Conditions for safety assurance applicable to imported forklift trucks

3.3.1. Having sufficient technical dossiers as prescribed in Section 3.1 of this Regulation;

3.3.2. Imported forklift trucks shall be announced conformity according to Article 2 this Regulation. The declaration of conformity of a forklift truck shall be made on the basis of the certificate of conformity by both domestic and overseas certifying agencies designated (or recognized) by the competent state management agencies.

3.2.2.1. In case of mass import of forklift trucks, the certification of conformity shall be carried out according to method 7: testing or inspecting shipments (prescribed in Appendix II to the Regulation on declaration of conformity and methods of assessment of the conformity with technical regulations and standards promulgated together with Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology).

3.2.2.2. In case of separate importation, the certification of conformity shall comply with method 8: testing or inspecting the entire product (prescribed in Appendix II to the Regulation on declaration of conformity and methods of assessment of the conformity with technical regulations and standards promulgated together with Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology).

3.3.3. In case of importing forklift trucks under bilateral or multilateral agreements between competent agencies of the Socialist Republic of Vietnam and exporting countries under which the forklift truck is not subject to quality inspection, such forklift trucks shall be exempted from quality inspection.

3.3.4. An imported forklift truck that fails to satisfy regulations in Section 3.1 of this Regulation must be inspected at border gates of importation by inspection organizations designated or recognized under treaties to which the Socialist Republic of Vietnam is the contracting party or under international agreements to which the competent authority of the Socialist Republic of Vietnam is a signatory.

3.3.5. Imported forklift trucks must undergo the quality inspection according to regulation and any violation related to them must be handled in accordance with the law provisions.

3.3.6. Before being sold on the market, imported forklift trucks must be affixed regulation-conformity stamps and labeled in accordance with regulations.

3.4. Safety requirements applicable to forklift trucks sold on the market.

Forklift truck sellers must carry out the following requirements:

3.4.1. To comply with corresponding national technical regulations during the process of maintenance and sale of the forklift trucks and comply with manuals of manufacturers.

3.4.2. To apply quality control measures in order to maintain quality of their forklift trucks.

3.4.3. To have the forklift trucks certified in terms of regulation conformity and affixed regulation-conformity stamps.

3.4.4. To be subject to quality inspection under contents, order, procedures as specified and be handling in cases of violations in accordance with the law provisions.

3.5. Requirements for forklift truck maintenance and repair service providers

3.5.1. To have the legal person status and possess a business registration certificate granted by the competent agency for such service as specified by the law provisions.

3.5.2. To have sufficient qualified technicians. To have skilled technical workers that have been trained in occupational safety and obtained a certificate of occupational safety and health according to regulations.

3.5.3. To have sufficient technical facilities and equipment for the maintenance and repair of forklift trucks.

3.5.4. To be liable for obligations to their users as agreed in contracts.

3.5.5. To build safety measures for the maintenance and repair.

3.6. Management of safety forklift truck use

3.6.1. Forklift trucks shall be operated and maintained according to the manufacturers’ manual.

3.6.2. An operation and use manual for each forklift truck is required.

3.6.3. Persons in charge of operation and technical management of forklift trucks must complete basic professional training courses; an initial safety training course before taking charge of such positions, annual safety training courses and obtain the certificate of occupational safety and health according to regulations. They must be knowledgeable about specifications of forklift trucks under their management, relevant standards and technical regulations on safety of forklift trucks and be able to troubleshoot emergency problems according to the manufacturers’ instructions.

3.6.4. Safety requirements for the use of forklift trucks:

3.6.4.1. Only forklift trucks in good condition and undergoing occupational safety inspection according to regulations are used. If detecting that a forklift truck may affect the safety during its operation, the user has the right to request for an early inspection.

3.6.4.2. The book for monitoring the process of periodic maintenance and repair with sufficient work contents as prescribed shall be required for each forklift truck.

3.6.4.3. Forklift trucks must be operated according to the load and specifications designed by the manufacturer.

3.6.4.4. Safety measures for people, materials, equipment and works within the scope of operation of the forklift trucks are required.

3.6.4.5. Every detected defect shall be promptly remedied.

3.6.4.6. The shift record in which forklift truck’s conditions at the beginning of the shift and during its operation is required for each forklift truck and shall be signed by both workers of previous and current shifts that are in charge of shift handover.

3.6.4.7. Before the operation, forklift trucks’ safety and other conditions such as space, lighting systems, etc. shall be inspected for their safe operation.

3.6.4.8. Specific measures for effectively preventing persons without permission from entering forklift trucks’ working areas must be applied.

3.6.4.9. The forklift truck key shall be kept by the person in charge of safety operation management of the forklift truck, the spare key shall be handed over to operators in rotation.

3.6.4.10. Special preventive measures must be applied in cases of transporting flammable, explosive or hazardous commodity.

3.6.4.11. When a shift ends, empty forklift trucks shall be parked at a designated place according to the user’s regulations.

3.6.5. Every forklift truck operator must be appointed by the employer under he/she/its written decision.

3.6.6. During the operation of forklift trucks, at places where the operators’ visibility is limited, a lookout must be allocated for timely warning to the forklift truck operators.

3.6.7. A forklift truck operator wishing to operate forklift trucks other than those he/she is operating must complete training courses for new equipment operation. Any forklift truck operator who does not operate forklift trucks for 06 months or more must take a test before undertaking their job.

4. Occupational safety inspection of forklift trucks

4.1. Every forklift truck shall undergo an initial inspection and periodic inspections upon the operation, and irregular inspections during the operation in accordance with the inspection procedures promulgated by the Ministry of Labor, Invalids and Social Affairs.

The occupational safety inspection of forklift trucks must be performed by an occupational safety inspection organization designated by the Department of Work Safety - Ministry of Labor, Invalids and Social Affairs.

4.2. Periodic inspection frequencies applicable to forklift trucks:

4.2.1. Every forklift truck shall undergo an inspection once every three years.

4.2.2. The above-mentioned inspection frequency may be shortened but reasons for the shortening must be clearly stated in the inspection minutes.

4.3. Every forklift truck satisfying inspection requirements shall bear an inspection stamp in accordance with regulations of the Ministry of Labor, Invalids and Social Affairs.

5. Inspection, examination and handling of violations

5.1. The State inspection agencies in charge of labor shall conduct the inspection and handling of violations related to the implementation of this Regulation.

5.2. The quality examination for production, import, sale and use of forklift trucks shall comply with the Law on Product and Goods Quality and this Regulation.

6. Responsibilities of organizations and individuals

6.1. Organizations and individuals participating in works of manufacturing, import, sale, repair, management and use of forklift trucks shall be responsible for comply with this Regulation.

6.2. This Regulation shall be considered as the basis for the inspection of agencies in charge of inspecting forklift trucks’ quality and the regulation conformity certification by conformity evaluation organizations.

7. Implementation organizations

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

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

7.3. This Regulation takes effect after 06 months from the date on which the Circular No. 51/2015/TT-BLDTBXH dated December 08, 2015 is signed for promulgation.

7.4. Any problem arising in the course of implementation should be promptly reported to the Ministry of Labor, Invalids and Social Affairs for consideration and settlement./.