Regulations on Lifting Equipment Operators Under Current Legislation

We often hear a lot about machinery maintenance, but tend to forget that the person behind the wheel is the deciding factor for the safety of the entire line. Just one minute of negligence or lack of knowledge from the operator can lead to consequences no business wants to face. To prevent risks from the "root", the current legal system has issued very specific regulations on lifting equipment operators – from health and age requirements to mandatory safety cards. So exactly what conditions does an operator need to work legally? Let's find out the most detailed and accurate answers with Vietmani right in the article below.

The system of regulations on lifting equipment operators under current law

Many businesses often feel confused by the matrix of laws, decrees, and circulars. However, the system of regulations on lifting equipment operators in Vietnam is actually built very logically and consistently.

To avoid getting lost and applying them incorrectly, incompletely, or mistakenly, you only need to master the following 4 important legal pillars:

1. Law on Occupational Safety and Health 2015 – The highest foundation

• This is the legal document with the highest effect, setting the core principle: The more dangerous the work, the stricter the human control must be. The law clearly stipulates that operating lifting equipment is not ordinary labor, but belongs to a specific group requiring strict management in training and technical procedures.

2. Decree 44/2016/ND-CP – Regulations on practicing certificates

• If the Law is the foundation, Decree 44 is the most detailed guideline. This document classifies lifting equipment operators into Group 3 – the group of jobs with strict occupational health and safety requirements.
• Simply put, this decree is the legal basis requiring operators to have a valid Occupational Safety Card alongside their professional skills. Without this card, all operating skills are considered legally insufficient.

3. Circular 06/2020/TT-BLDTBXH – Specifying the specific list

• This document acts as a reaffirmation by the Ministry of Labor, Invalids and Social Affairs. It specifically lists lifting equipment operation in the category of jobs with strict requirements. This is the basis for inspection agencies to determine whether your business is correctly applying the high-level management regime for this position.

4. QCVN 7:2012/BLDTBXH – Technical regulations

Considered the core document in the lifting industry, this National Technical Regulation does not speak in generalities but goes straight into technical details. From design and operation to specific safety principles that the driver must follow. Violating QCVN 7:2012 is not just an administrative error, but a technical error that directly threatens life safety.

=> See more: Lifting equipment standards – Mandatory regulations businesses must know

4 mandatory conditions for lifting equipment operators

According to current regulations on lifting equipment operators, this position is not classified as unskilled labor. Therefore, businesses cannot just hire someone who "knows how to drive" or "has long-term experience".

For personnel to be legally allowed to sit in an overhead crane cabin or drive a forklift, they must simultaneously meet the 4 strict conditions below. Missing one of the four, the business's legal risks remain.

Conditions on age and behavioral capacity

First and most basically, the operator must be 18 years of age or older and have full civil behavioral capacity.

Why does this regulation exist? Because the lifting environment always harbors unexpected situations requiring high concentration and solid psychological reflexes. Immaturity in age or a lack of behavioral capacity endangers not only the driver but also threatens the surrounding team. Therefore, using underage labor for this position is strictly prohibited.

Health conditions

Operating lifting equipment is heavy, hazardous work, constantly subjected to noise, vibration, and high pressure. Therefore, a standard medical examination paper is not enough.

• Entry requirement: Must undergo a specialized medical examination for the operating position; the doctor will carefully evaluate indicators of vision, hearing, and the nervous system – the most important factors for a driver.
• Periodic requirement: This is a point many businesses often forget. Instead of an annual check-up like office workers, lifting equipment operators need a health check at least once every 6 months.

Primary vocational certificate

Many drivers with 10 years of operating experience still get whistled at during inspections. The reason is they lack a Primary Vocational Certificate or a formal training degree.

This certificate is evidence confirming the worker has been systematically trained on machine structure, operating principles, and troubleshooting. It is a lifelong credential for the worker (like a University degree), proving they know the trade. But to practice the trade, they need the 4th condition below.

=> See more: Lifting equipment operation certificate - Latest regulations and penalties

Group 3 Occupational Safety Card

This is the final and most important piece of the puzzle in the regulations on lifting equipment operators. According to Decree 44/2016/ND-CP, operators belong to Group 3 and are strictly required to participate in occupational health and safety training courses and be issued a card.

• Training content: Does not teach how to drive but teaches how to identify hazards, safety procedures, and accident handling.
• Validity period: The safety card is only valid for 02 years. When it expires, workers must be retrained to be issued a new card.

A very common mistake is that businesses think: Having a vocational certificate is enough. Let us reaffirm: Not having a Safety Card (or having an expired one) means being unqualified to operate. If an accident occurs in this state, the business will be at a severe legal disadvantage.

=> Learn more: What is lifting equipment? A-Z overview for warehouses & factories

Violations of lifting equipment operation regulations businesses need to avoid

Most violations of regulations on lifting equipment operators do not stem from intentionally breaking the law, but from a habit of convenience or complacency in management. However, before the law and human safety, there is no room for sympathy. Below are the 3 most common mistakes and the price to pay if an incident unfortunately occurs.

Assigning lifting equipment to unqualified operators

This is the most common error in warehouses and small construction sites.

• Reality: Businesses utilize unskilled labor, apprentices, or agile warehouse staff to drive a forklift/overhead crane for a few urgent trips, even though they do not have a certificate or safety card.
• Legal risk: This is the most serious violation. If an accident occurs, the authorities will hold the manager/business owner directly responsible for loose management and illegal labor assignment. The penalty is not only a fine but could also involve criminal liability.

Many drivers are very confident because they have a vocational certificate (driver's license) in hand, and the business feels absolutely secure.

• Reality: As mentioned above, a vocational certificate is valid permanently, but the safety card is only valid for 2 years. There are many cases where during a surprise inspection, the operator's safety card has been expired for a whole year without anyone knowing.
• Risk: Legally, when the card expires, the operator reverts to being unqualified. The business will face administrative fines for each violating worker, and more importantly, the risk of having operations suspended for remediation.

Using uninspected or expired inspection lifting equipment

Safety comes from a combination of a standard operator and a standard machine. No matter how good the driver is, if the equipment is unsafe, accidents are always lurking.

• Reality: Lifting equipment whose technical safety inspection has expired is still put into use because it "seems to run fine" or "let's finish this order first".
• Risk: An operator who accepts driving an expired-inspection equipment piece is also violating safety regulations. When an incident occurs, both the driver and the business owner will bear very heavy joint responsibility.

=> See more: Standard lifting equipment inspection procedure in Vietnam

Failure to comply with safe operating procedures according to standards

Operational errors that seem minor are actually the cause of 80% of current workplace accidents.

• Lifting beyond the allowable capacity
• Dragging, pulling at an angle, lifting a load when someone is standing on it
• Not ensuring a safe distance from power lines
• Skipping the equipment inspection step before the shift

These actions are strictly prohibited in QCVN 7:2012/BLDTBXH. When detected, the operator may be disciplined, while the business must bear management and supervision responsibilities. In cases causing fatal accidents or massive damage, the case may be transferred for criminal prosecution.

=> Learn more: Safe and technically correct lifting equipment operating procedure

Failure to organize training, supervision, and management of operators

Legal risks come not only from the operator but also from the business's management responsibilities. Common violations include:

• Failure to organize periodic occupational health and safety training
• Failure to store training records and health records
• Failure to assign specific operators
• Lack of supervision over complex lifting operations

In the event of an accident, a business that cannot prove it has fulfilled its training and management obligations will face higher fines, or even criminal prosecution if the violation causes particularly serious consequences.

Conclusion

Reality has proven that strictly adhering to the regulations on lifting equipment operators does not just help your business avoid administrative penalty reports. Above all, it is the only way to build a safe working environment, where workers can dedicate themselves with peace of mind and productivity is stably maintained.

Do not view sending employees to safety training or periodic health check-ups as cumbersome, costly procedures. Consider it the cheapest insurance premium to protect billions of dong in assets and the brand reputation you have painstakingly built. A minor incident caused by an unqualified operator can blow away an entire year's profits.

If you are managing a lifting equipment operation team, take 5 minutes to perform the following Quick Audit:

1. Re-check all Health records (ensure they are valid within 6 months).
2. Review Group 3 Occupational Safety Cards (ensure they are valid within 2 years).
3. Observe the actual operating process to see if there are any "shortcut" errors.

If you detect any loopholes, fix them immediately.

Do you need further consultation on power-assisted lifting equipment or factory safety solutions? Do not hesitate to contact Vietmani. Our technical team is always ready to listen, advise, and accompany you to create lifting solutions that are not only effective but also absolutely safe.