Is the licensing person and the labor user the same? | iGuide

Is the confined space permit holder the employer? 1

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Is the person licensing work in confined spaces a labor user?

This article answers the question of whether the person licensing work in confined spaces is a labor user or not. Learn about the roles and responsibilities of each position in the licensing process, as well as the differences between these two titles. This information helps workers and managers understand the rights and responsibilities of each party, ensuring safety and efficiency in the workplace.

According to section 1.3 Section 1 National technical standards on occupational safety when working in confined spaces issued by the Minister of Labor - Invalids and Social Affairs accompanied by Circular 29/2018/TT-BLĐTBXH regulating the person licensing work in confined spaces as follows:

“1.3.3. The person supervising, commanding tasks related to confined spaces is delegated by the labor user to manage workers performing tasks related to confined spaces (hereinafter referred to as supervisors, commanders).

1.3.4. The person licensing is appointed by the labor user to carry out the responsibility of issuing permits to perform tasks related to confined spaces (or an equivalent document). The person licensing must be trained and experienced in occupational safety and health regarding production lines, machinery, equipment at production facilities, places with confined spaces.

1.3.5. Persons entering confined spaces: are those allowed to enter to work directly or supervise work in confined spaces.

1.3.6. Persons guarding confined spaces: are individuals assigned the task of standing outside and near the entrance and exit of the confined space to monitor, supervise, and assist individuals entering confined spaces.

1.3.7. Persons measuring and checking air in confined spaces: are those allowed to measure, check the oxygen content, various toxic gases, flammable gases in confined spaces to ensure those gases are within safe limits before and during the process of workers entering to work in those confined spaces.

Is the confined space permit issuer the employer? 2

According to the standard name, the person licensing is appointed by the labor user to carry out the responsibility of issuing permits to perform tasks related to confined spaces (or an equivalent document).

Therefore, the person licensing work in confined spaces is not a labor user but is appointed by the labor user to carry out the task of licensing work.

To be appointed as a licensing person, individuals must have qualifications, safety experience, and occupational health regarding production lines, machinery, equipment at production facilities, places with confined spaces.