Chief Of Construction Enterprises, Project Leader And Dedicated Personnel For The Administration Of The Safety Management Regulations

Original Language Title: 建筑施工企业主要负责人、项目负责人和专职安全生产管理人员安全生产管理规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398590.shtml

Chief of construction enterprises, project leader and dedicated personnel for the administration of the safety management regulations

    (Released June 25, 2014, Ministry of housing and urban-rural 17th September 1, 2014) Chapter I General provisions

    First in order to strengthen buildings and municipal infrastructure engineering construction supervision and management to improve construction safety production management of enterprise directors, project managers and professional staff (hereinafter "staff") safety management capacity, in accordance with the People's Republic of China production safety law, the work safety of construction projects management regulations and other laws and regulations, this provision is enacted.

    Article in the People's Republic of China territory engaged in housing construction and infrastructure construction activities construction enterprises "tube", the participation in safety assessment, meet safety responsibilities, and carry out safety production supervision and management, and shall comply with these regulations.

Article business principals, refers to the production operations and safety leadership staff with decision-making power.

Project Manager, refers to the corresponding registered eligible, authorized by the legal representative of the enterprise, personnel in charge of project management.

    Full-time safety Manager refers to full-time personnel engaged in work safety management in the enterprise, including enterprise production management personnel and full-time personnel working in the safety management of the project.

Fourth housing and urban-rural construction departments under the State Council is responsible for the national "staff" work safety supervision and management.

    Local people's Governments at or above the county level within the Department of housing and urban-rural construction is responsible for the administrative "personnel" work safety supervision and management.

    Chapter II examination certification Article fifth "officers" should be employed through its enterprise into industrial and commercial registration of provincial, autonomous regional and municipal people's Government Department of housing and urban-rural construction (hereinafter referred to as examination Office) for safety assessment, and safety appraisal certificate.

    Safety assessment shall not be charged.

    Sixth section to apply for safety assessment of "officers" should have the appropriate educational background, professional titles and some production experience, and establish labor relations and annual safety training.

Article seventh safety assessment including knowledge assessment and management capacity assessment.

Safety knowledge examination includes: construction safety laws, regulations, rules, standards, safety management in construction of basic theory.

    Safety management capacity assessment include: establishing and implementing a safety management system, identifying and monitoring dangerous parts project, identify and eliminate hidden dangers of accidents, reporting and production safety accidents of disposal capacity.

    Article eighth work safety examination, assessment issued by the authority shall, within 20 working days safety evaluation certificates of competency, and make an announcement; the unqualified should be adopted by the "staff" the enterprise informed and justified.

Nineth production safety inspection certificate is valid for 3 years, certificates valid throughout the country.

    Certificate design shall be formulated by the competent Department of housing and urban-rural construction under. Tenth production safety check expiry date of the certificate of competency needs continuity, "staff" shall, before the expiry of 3 months, of which I am employed by the enterprise to the examination authority to request a certificate extension.

Continuation certificate is granted, the certificate is valid for 3 years.

    Within the validity of the certificate is not due to production safety accidents or violations of these provisions are subject to administrative penalties, no record of bad behavior in the credit file, and has been required to participate in enterprises and the people's Governments above the county-level departments of housing and urban-rural construction of safety education and training, examination authority shall receive within 20 working days from the date of the renewal application, granting certificate extension. 11th "controllers" changing employment enterprise, should work with the original employment enterprise labor relations and new enterprises to the examination authority to apply the certificate change.

    Assessment bodies should be accepted within 5 working days from the date on which the change request completed. 12th "officers" lost safety assessment of competency should be declared void in the public media, apply through their employment to the examination organ replacement.

    Examination authority shall within 5 working days from the date of acceptance of the application completed.

    13th "officers" shall not alter, resell, lease, lend or in any other form of illegal transfer of safety test certificate.

    Chapter III security

    14th major in charge of the enterprise has overall responsibility for work safety, improve the safety management system should be established, and set production management, full-time safety Manager, ensure the safety of production inputs, supervision of enterprise production safety work, to eliminate accident risks, implement the safety responsibility.

15th major should be signed with the project leader, head of safety responsibility, determine the project safety assessment, incentives, and provides safety management and technical security measures for the project.

    Overall contracting of engineering projects, general contractor should be signed a safety agreement with the company, clear safety responsibility. 16th major project undertaken by the owner should be required to check out the enterprise, evaluation project Director safety management capacity. Find project manager on duty are not in place, shall be ordered to correct, if necessary, adjust the project leader.

    Inspection shall be entered into the enterprise and project management files.

    Article 17th project person in charge of safety management has overall responsibility for the project, project safety management system should be established, clear project management responsibilities for security of personnel, implementation of the safety management system to ensure that cost effective use of project safety production.

18th project leaders should be in accordance with the regulations to implement project safety management, monitoring high risk projects, timely troubleshooting security accidents in construction site, troubleshooting disposal shall be entered into the safety management of project files; when the accident occurred, should be on the required reports in a timely manner and to carry out the rescue.

    Overall contracting of engineering projects, General Contracting Company project manager should regularly check company safety management.

    19th enterprise safety production management of full-time safety Manager should check that the work safety of construction projects management, focus on safety production management of project leaders, project professional personnel assumed responsibility, projects an illegal violation and charged to the enterprise security management archives. Article 20th projects full-time safety Manager should be carried out every day at the construction site safety inspections, supervise more dangerous parts project safe special construction plan. Inspection found safety problems should be dealt with immediately and cannot be dealt with, and shall promptly report to the project leader and enterprise production management. Project leaders should be processed in a timely manner.

    Inspection and disposal shall be entered into the project safety management files. 21st construction enterprises shall establish a safety education and training system, to establish annual training plan each year on "personnel" for training and assessment, failed to pass the examination, not posts.

    Training safety training records shall be entered into the enterprise. 22nd construction safety management of institutions and projects according to regulations should be equipped with the appropriate number of full-time safety Manager and the relevant professional.

    When the dangerous part of the construction, schedule full-time safety Manager in site supervision.

    Supervision and administration of the fourth chapter

    Article 23rd competent Department of housing and urban-rural construction of the people's Governments above the county level shall, in accordance with the relevant laws and regulations and the provisions of the "Executive" certificates, education and training and fulfil their duties of supervision and inspection.

24th the people's Governments above the county level shall in conducting supervision and inspection, the Department of housing and urban-rural construction, there should be more supervision and inspection personnel will not affect the normal production and operation of enterprises activity, shall not solicit or accept a company's property, shall not seek other interests.

    On corporate and personal supervision shall assist and cooperate with the law, shall not be denied or obstructed.

    25th competent Department of housing and urban-rural construction of the people's Governments above the county level shall supervise and check and found that "staff" of a violation of this provision, it shall investigate and deal with illegal facts, findings or recommendations to inform assessment authorities. Article 26th examination administration shall establish within their respective administrative areas "controllers" credit file.

Illegal acts, complaints processing, administrative punishments should be recorded as bad behavior, such as credit history, and in accordance with the regulations to the general public.

    "Controllers" and employment information companies should be required to check the Office.

    The fifth chapter legal liability

27th "controllers" to hide relevant information or provides false information to apply for safety assessment, appraisal no appraisal and give a warning; "staff" 1 year may not apply again for a check.

    "Staff" obtained by fraud, bribery or other improper means safety assessment of competency, the original certificate of competency assessment authorities revoke safety assessment; "controllers" not apply for examination again in 3 years.

    28th "controllers" alter, resell, rent, lend or in any other form of illegal transfer of safety assessment of competency, local people's Governments at or above the county level authorities warn of housing and urban-rural construction, and between 5000 and 1000 Yuan fine.

    Not complying with the provisions of article 29th building construction enterprises "controllers" safety training and examination, or not credited accurately to assess the situation as required safety records of education and training, local people's Governments at or above the county level departments of housing and urban-rural construction a rectification, and a fine of up to 20,000 yuan.
30th, construction enterprises, one of the following acts, by the Department of housing and urban-rural construction of the people's Governments above the county level rectification; fails to mend, to order the rectification, and a fine of up to 20,000 yuan; lead does not have under the regulations of the safety production license conditions for safe production, it shall suspend or revoke the safety license:

(A) does not provide for the establishment of production management;

(B) full-time safety manager not according to stipulations;

(C) dangerous parts project did not schedule a full-time safety Manager in site supervision during construction;

    (D) "controller" without a safety assessment of competency.

    31st "controllers" in the absence of changes in the provisions of the certificate, by local people's Governments at or above the county level departments of housing and urban-rural construction rectification within and between 5000 and 1000 Yuan Yuan fine.

32nd article main head, and project head not by provides perform safety management duties of, by County above government housing urban and rural construction competent sector ordered deadline corrected; late not corrected of, ordered building construction Enterprise closed reorganization; caused production security accident or other serious consequences of, according to production security accident report and survey processing Ordinance of about provides, law temporarily buckle or revoked safety assessment qualified certificate; constitute crime of, law held criminal.

    Chief, project leader there is violation of the preceding paragraph, but not serious enough for criminal punishment, of less than 20,000 yuan and 200,000 yuan fine or dismissal in accordance with administrative privileges since the date of completion of penalty or punishment, within the 5 years shall not act as directors, project manager in construction enterprises.

    33rd article full-time safety management personnel not by provides perform safety management duties of, by County above place Government housing urban and rural construction competent sector ordered deadline corrected, and at 1000 Yuan above 5000 Yuan following of fine; caused production security accident or other serious consequences of, according to production security accident report and survey processing Ordinance of about provides, law temporarily buckle or revoked safety assessment qualified certificate; constitute crime of, law held criminal.

Article 34th staff of the Department of housing and urban-rural construction and the people's Governments above the county level, any of the following circumstances, by its higher administrative authorities or the supervision agency ordered corrective action and directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated in accordance with law:

(A) does not have the legal condition of "officers" issued by the work safety assessment of competency;

(B) to meet the statutory requirements, "personnel" shall not be issued or not on safety production examination certificate issued within the statutory time limit;

(C) to comply with the statutory conditions of application as inadmissible or not completed within the statutory time limit;

(D) making use of his facilities, solicitation or acceptance of other people's property, or seeking other interests;

    (V) does not perform its functions of supervision, resulting in serious consequences.

    The sixth chapter supplementary articles 35th article of the regulations come into force September 1, 2014.