Implementation Measures For The Safe Use Of Dangerous Chemicals A Permit

Original Language Title: 危险化学品安全使用许可证实施办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201301/20130100380142.shtml

Implementation measures for the safe use of dangerous chemicals a permit

    (Released November 16, 2012, State administration of work safety, the 57th since May 1, 2013) Chapter I General provisions

    First in order to use hazardous chemicals in production of chemical enterprise safety in production conditions, regulate the safe use license issuance and management of hazardous chemicals, according to the regulations on the safety management of dangerous chemicals and related laws, administrative regulations, and these measures are formulated.

    Second approach for hazardous chemical safety license for industry directory, use of hazardous chemicals in production and use of hazardous chemicals the number of standard chemical company (except for hazardous chemical production industry, hereinafter referred to as company).

    Use as fuel companies not to apply the approach of dangerous chemicals.

    Enterprises shall, in accordance with article these measures require the safe use of dangerous chemicals a permit (hereinafter referred to as the safe use of the license).

    Fourth safe use of permits issued management work of enterprise applications, certification, the principle of jurisdictional supervision at the city level.

    Article fifth State administration of production safety supervision and management is responsible for guiding, monitoring the safe use of licenses issued by management.

    Safety supervision and management departments of provinces, autonomous regions and municipalities (hereinafter referred to as the provincial production safety supervision and management departments) is responsible for the direction, supervision issue and administration of work safety licenses within their respective administrative areas.

    District people's Government municipal work safety supervision and management departments (hereinafter issuing authority) responsible for the Administration in the safe use of permit approval, issue and manage, may not entrust other firms, organizations or individuals.

    Chapter II requirements for safe use of license applications

    Sixth business and important places, facilities, distance and overall layout of the area shall comply with the following requirements, and to ensure safety:

    (A) the storage of hazardous chemicals pose a major hazard number of storage facilities, and 19th in the safety management of dangerous chemicals Ordinance specified in the first paragraph of the eight categories of sites, installations, regional distance according to relevant national laws and regulations, the provisions of regulations and national standards or trade standards;

    (B) the General layout in accordance with the code for design of general layout of industrial enterprises (GB50187), the code for general plan transportation design for chemical enterprises (GB50489), of the code for fire protection design of buildings (GB50016) standards and other related requirements; petrochemical enterprises should also be consistent with the code for design of petrochemical Enterprise fire (GB50160) requirements;

    (C) new enterprises in line with industrial policies of the State, above the county level (including County) people planning and layout.

    Article seventh factory, workplace, storage facilities and safety facilities, equipment, process shall comply with the following requirements:

    (A) the construction, reconstruction, expansion of the use of hazardous chemicals in chemical construction project (hereinafter referred to as project) prescribed by the national qualified construction design design and construction units, which, released by the State administration of work safety of key regulatory hazardous chemical processes, key regulatory device of hazardous chemicals from petrochemical pharmaceutical industry qualified design unit design;

    (B) shall not adopt any State has been officially eliminated, the prohibition of the use and endanger the safety of technology and equipment newly developed the use of hazardous chemicals in chemical production processes (hereinafter referred to as chemical process), in laboratory, pilot, industrialization experimental industrial production was gradually enlarged on the basis of domestic chemical process used for the first time, after provincial relevant departments of safety and reliability demonstration;

    (Three) involved national safety supervision management General announced of focus regulatory dangerous chemical process, and focus regulatory dangerous chemicals of device installed Automation control system; involved national safety supervision management General announced of focus regulatory dangerous chemical process of large chemical device installed emergency parking system; involved flammable easy burst, and toxic harmful gas chemicals of job places installed flammable easy burst, and toxic harmful media leak alarm, security facilities;

    (D) separated production and non-production areas of the new enterprise setting, and in accordance with the provisions of the national standard or industry standard distances;

    (E) new enterprise between production and storage facilities and buildings (structures) distances between the buildings provisions conform to the State standards or industrial standards.

    Within the same plant (production or storage areas) equipment, facilities and construction (structure) provisions of the arrangement should apply the same standards. Eighth Enterprise shall set up safety management organization, staffed with full-time safety Manager according to state regulations.

    Equipped with full-time safety Manager must be able to meet the needs of production.

    Nineth enterprise directors, in charge of security and Safety Manager must have its engaged in production and business activities of security knowledge and management abilities, participate in security training and examinations, obtain safety qualification certificates.

    Special operations personnel should be in accordance with the special operations personnel safety training and examination regulations, specialized security training and examinations, obtain certificate of special operations.

    In this article, other practitioners outside the provisions of the second paragraph shall be in accordance with the relevant provisions of the State, through safety education and training.

    Article tenth Enterprise shall set up full responsibility system for production safety, guarantee the safety of every employee responsibilities and duties, the job match.

    Article 11th based on chemical processes, installations, facilities and other realities, at least should develop and improve the following safety regulations:

    (A) the safety system of regular safety meetings;

    (B) the safety protection system;

    (C) the reward and punishment system of production safety;

    (D) safety training and education systems;

    (V) rotating shift system of leading cadres;

    (Vi) special operations personnel management system;

    (VII) safety inspection and troubleshooting, system of governance;

    (H) major hazards assessment and safety management systems;

    (I) change management systems;

    (10) emergency management system;

    (11) production safety accidents or major incident management system;

    (12) fire, explosion, poisoning, leak-proof tube-system;

    (13) the process, equipment, electric instrumentation, utilities and safety management systems;

    (14) the fire into the confined space, lifting, high places, blind blocking, temporary power, ground-breaking, circuit breakers, equipment maintenance and other work safety management system;

    (15) the safety management system of dangerous chemicals;

    (16) the occupational health management system;

    (17) the PPE use and maintenance management system;

    (18) the contractor management system;

    (19) the safety management system and operation procedures revised system on a regular basis.

    12th enterprises should be based on process, technology, device characteristics and risk of raw materials preparation of job safety rules.

    13th enterprises shall delegate has the qualifications prescribed by the State security agencies to evaluate the safety, and the advice of the safety assessment report of the existing safety problems are corrected.

    14th Enterprise shall have a corresponding occupational hazard prevention facilities and equipped in line with national standards or trade standards practitioners of labor protection articles.

    15th Enterprise shall, in accordance with the identification of major dangerous source of hazardous chemicals (GBl8218), on the production, Stockpiling and use of equipment, facilities or premises for major hazard installation identification.

    Has been identified as a major hazard, shall be in accordance with the provisional regulations on supervision and management of major hazard of dangerous chemicals for safety management.

    16th emergency management enterprises shall comply with the following requirements:

    (A) in accordance with the relevant provisions of the State preparing hazardous chemical accident emergency plan, and submitted to the relevant departments for the record;

    (B) establishing emergency rescue organizations, clear emergency rescue workers, equipped with the necessary emergency and first-aid equipment, facilities, and regular emergency drills in accordance with regulations.

    Storage and use of chlorine, ammonia and other strong stimulus to the skin of inhaled toxic gas the enterprise, in addition to the provisions of the first paragraph of this article, shall be equipped with at least two closed chemical protective clothing constitutes a major hazard should also establish gas protection (Group).

    17th enterprise security outside the conditions of use except in accordance with the provisions of this chapter, shall also comply with the relevant laws, administrative regulations and other safe conditions of use specified in national standards or trade standards.

    Chapter III security application for a use permit

    18th enterprise security when you use the license application to the issuing authority, shall submit the following documents and materials, and be responsible for the authenticity of its contents:

    (A) application security using the license file and application;

    (B) the location and layout of the new enterprises in line with State industrial policies, the local people's Governments above the county level in the planning and layout of documents copies;

    (C) the safety production responsibility system and files list, job safety rules safety rules and regulations;

    (D) set the production management, full-time safety Manager copies files;

    (E) the Chief, in charge of safety for directors, safety management safety certificate and copies of special operator's license;

    (F) hazardous chemical accident emergency rescue plans for the record-keeping certification documents;

    (VII) provided by the supplier of the dangerous chemicals safety data sheet and safety labels;

    (H) the copy of the business license or business copies of approval documents;

    (I) safety evaluation report and report the results of the rectification;

    (10) new enterprise security facilities of construction project completion and acceptance of submissions or copies of registration certificates;

    (11) emergency relief organization, first responders, and emergency and first-aid equipment, facilities inventory.

    Of major dangerous source of hazardous chemicals enterprises, except as provided in the first paragraph of this article shall be submitted documents, data, the record-keeping certification documents should also be submitted to major hazard.

    19th new enterprise security application for a use permit, and shall, on the completion of security facilities of construction projects within 10 working days from the date of acceptance.
Fourth chapter issuance of safety licenses

    20th enterprise issuing authority received application documents and information, should be made according to the following circumstances:

    (A) the application does not need to obtain a security license according to law, inform enterprises is inadmissible;

    (B) application errors that can be corrected on the spot, allowing companies to be corrected on the spot;

    (C) the application materials are incomplete or not in compliance with the statutory form, on the spot or within 5 working days correction necessary, an informed everything at once, and issue a correction notice; fails to inform the, shall be accepted as of the date of receipt of the application materials;

    (D) enterprise application materials are complete and comply with the statutory format, or correction all application materials in accordance with certification authorities, immediately accepted his application.

    Issuing authority to accept or not to accept an application for administrative license shall seal and date the certificate with the organ-specific written confirmation. 21st security license application accepted, submitted by the issuing authority shall organize the staff of the enterprise applications and data review. For enterprises, information content of documents submitted, the question needs to on-site verification, shall appoint a staff member on-site verification of relevant content.

    Staff shall provide written verification. 22nd issuing authority should be accepted within 45 days from the date of the decision whether or not to grant permission.

    Licensing Office on-site verification and business issues related to rectification does not calculate time required within the period specified in this section.

    Article 23rd decided by the issuing authority to grant permission shall, within 10 working days from the date of the determination issuing safety licenses.

    Decision not to permit to the issuing authority, should inform the company in writing within 10 business days and explain the reasons.

    Article 24th in safe use license, change the primary owner, business name or registered address shall, within 10 working days from the date of business license change change application, and submit the following documents and information:

    (A) application for amendment;

    (B) of the modified copy of the business license copy;

    (C) change the primary owner, should also be provided by production safety supervision and Management Department issued the security certificate after passing the examination copy;

    (D) change of registered address shall also provide related proof materials.

    Has accepted the request, submit to the authority that issued the certificate file, the review is correct, the party can apply for the safe use of a license change.

    Enterprises within the safety license, change affiliations, should change in affiliation within 10th of submitted documents to the issuing authority.

    Article 25th on the safe use of license validity period, any of the following circumstances, issuing authority in accordance with this article 20th, 21st, 22nd, 23rd, regulation change:

    (A) increasing the use of hazardous chemicals, and the number of standard use of hazardous chemicals;

    (B) involving dangerous chemicals safety use permitted, renovation or expansion projects;

    (C) changing technology of enterprise production safety conditions have a major impact.

    Circumstances prescribed in the first paragraph of this article, the first of the enterprise, should increase before the change request.

    Circumstances prescribed in the first paragraph of this article, the second of the Enterprise shall be in safety facilities of construction projects within 10 working days from the date of acceptance of the original issuing authorities request, and submit the security facilities of construction project completion acceptance or registration certificates and related documents and materials.

    First item in the first paragraph of this article, the third under the circumstance of the Enterprise shall conduct special safety assessment, and of the security issues raised in the evaluation report of the rectification; after the corrective action is completed, submit change requests to the original issuing authorities and submit the safety assessment report. Article 26th security license valid for 3 years.

    Enterprise security use after the expiry date of the permit will need to continue to use hazardous chemicals in production, and the number of standards in the use of dangerous chemicals, it should be safe to use 3 months before the expiry date of the permit application and submit the documents and information provided for in article 18th.

    Issuing authority in accordance with this article 20th, 21st, 22nd, 23rd article review and make a decision whether or not to grant an extension.

    27th enterprise security permit, subject to the following conditions, its safe use when extending the expiration of license, agreed to by the original licensing authority may not be submitted to the 18th article the second, fifth, the Nineth and 18th of article documents and materials, directly go through formalities for extension:

    (A) strict compliance with the relevant laws and regulations and these rules;

    (B) obtained the required safety permit, enhanced daily security management without reducing safety conditions, and achieve standardization in safety production level more than two;

    (C) no deaths occurred in the production safety accidents.

    Enterprises in accordance with the provisions of the second and third conditions of article should be described in the application for extension, and provide second-level standardization in safety production certificate.

    28th security license includes an original, copy originals for hanging, replica is a folded, and duplicate copies of the same legal effect. In the safe use of permit, certification authorities shall, indicate on the copy number, business name, principal owner, registered address, type, scope, period of validity, issuing authority, date of issue and other content.

    Among them, the "scope" indicated on the original "dangerous chemicals", use hazardous chemicals in production area in the copy address and corresponding specific and annual use.

    Article 29th safe use of license shall forge, alter, or lease, lend, transfer its safety license, or the use of forged or altered safety license.

    Supervision and administration of the fifth chapter

    Article 30th certification authorities should adhere to the principles of openness, fairness and justice, in accordance with these measures and the law on administrative licensing and regulations, issuing safety licenses.

    Issuing authority staff in the safe use of licensing, supervision and management work, shall not solicit or accept corporate property, shall not seek other illegal benefits.

    31st safe use of license issuing authority shall strengthen the supervision and management, establish and improve the safe use of the license file management system.

    32nd under any of the following circumstances, issuing authorities shall withdraw safe use license has been issued:

    (A) abuse of authority, dereliction of duty of issuing safety licenses;

    (B) beyond the safe use of permit from the terms of reference;

    (C) violations of the procedures for issuing safety licenses as provided herein;

    (D) is not eligible or does not meet the statutory conditions of safe use permit from the enterprise;

    (E) by fraud, bribery or other improper means to obtain a safety permit.

    33rd article enterprise security permit any of the following circumstances, issuing authority shall cancel its safe use licenses:

    (A) the safe use of extension of expiry date of the permit is not approved;

    (B) terminate your use of hazardous chemicals in production;

    (C) continue to use hazardous chemicals in production, but reduced use of hazardous chemical usage is not reached the number of prescribed standards;

    (D) security license was revoked;

    (E) the safe use of license is revoked.

    Safe use of license after you log off, certification authorities should be in local major news media or organs shall be published on the website, and to the provincial and local production safety supervision and management departments at the county level.

    Article 34th-issuing authority of the safe use of license should be issued in time to similar environmental protection departments and public security authorities.

    35th certification authority shall, before January 10 of each year, within the administrative area of the annual safety licenses on issuing and management of the provincial production safety supervision and management departments, and report regularly to the public enterprises to obtain safety licenses, subject to public supervision.

    The provincial work safety supervision and management departments should be before January 15 of each year, within the administrative area of the annual safety licenses on issuing and management of the State administration of work safety.

    The sixth chapter legal liability

    Article 36th-issuing authority staff in the management of hazardous chemicals-use licenses issued abuse, negligence, malpractice, constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be subject to punishment.

    37th Enterprise fails to obtain a safety permit, unauthorized use of hazardous chemicals in production, and the number of standard use of hazardous chemicals, shall be ordered to immediately stop the illegal practice and rectify, fines of between 100,000 yuan and 200,000 yuan; fails to make corrections, shall be ordered to suspend production for rectification.

    Enterprise Security using license expires without renewal, engaged in the production of dangerous chemicals are still used, and the number of standard use of hazardous chemicals, in accordance with the provisions of the preceding paragraph shall be punished.

    Article 38th of forged, altered or lease, lend, transfer of the safe use of the license, or the use of forged or altered security license, fines of between 100,000 yuan and 200,000 yuan, has illegally obtained, confiscation of illegal income activities contravening public security management, shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.
39th enterprises within the safety license, the main owner, business name, registered address, affiliation change, not in accordance with the time limits provided for in article 24th of this approach security license application or change affiliation documents reported to the issuing authority, ordered to change procedures, fines of between 10,000 yuan and 30,000 yuan.

    40th enterprises one of the following circumstances in the safe use of license, does not change an application in accordance with the provisions of the present article 25th, to keep on producing, rectification, fines of between 10,000 yuan and 30,000 Yuan:

    (A) increasing the use of hazardous chemicals, and the number of standard use of hazardous chemicals;

    (B) involving dangerous chemicals safety use permitted new construction, reconstruction or expansion projects, its security facilities have been and acceptance;

    (C) changing technology of enterprise production safety conditions have a major impact.

    41st found to hide relevant information or provides false documents and information for safe use of licenses, issuing body shall not accept or not issuing safety licenses, and give a warning, the enterprise may not apply again for a safe use in 1 year license.

    Enterprise fraud, bribery or other improper means to obtain safety licenses, voluntary certification authority to revoke its safe use within 3 years from the date of the license, the enterprise may not apply again for a safe use of the license.

    42nd Security Agency, one of the following circumstances, given a warning and a fine of up to 10,000 yuan in serious cases, suspension of qualification for 6 months and to a fine of up to 10,000 yuan and 30,000 yuan; for persons responsible shall be subject to processing:

    (A) the practitioners not to site safety assessment activities carried out;

    (B) safety evaluation report and reality, and safety assessment report significant omissions, but not causing significant losses;

    (C) in accordance with relevant laws, regulations, rules and national or industrial standards for safety evaluation activities. 43rd article bear security evaluation of institutions issued false report and proved, constitute crime of, in accordance with criminal about provides held criminal; is enough criminal punishment of, confiscated illegal proceeds, illegal proceeds in 5,000 yuan above of, and at illegal proceeds twice times above 5 times times following of fine, no illegal proceeds or illegal proceeds insufficient 5,000 yuan of, single at or and at 5,000 yuan above 20,000 yuan following of fine, on its directly is responsible for of competent personnel and other directly responsibility personnel at 5,000 yuan above 50,000 yuan following of fine

    And cause damage to others, and assume joint and several liability of enterprises.

    For organizations where there are violations in the first paragraph of this article, revoked the corresponding qualifications; the qualifications issued by other sectors of the institution and transferred to the relevant Department.

    44th administrative penalties stipulated in these rules, determined by the work safety supervision and management departments, but administrative penalties stipulated in the article 38th, decided by the issuing authority; administrative penalties stipulated in article 42nd, 43rd, and safety evaluation in accordance with the management regulations.

    The seventh chapter by-laws

    45th article of the way the meaning of the following terms:

    (A) the list of dangerous chemicals safety license applicable to the industry, is the State administration of production safety supervision and management in accordance with the regulations on the safety management of dangerous chemicals and relevant national standards, industry standards need to obtain a licence to use dangerous chemicals released by chemical companies category;

    (B) quantitative criteria of the hazardous chemicals used by the State administration of production safety supervision and management in conjunction with the Police Department and the competent agricultural Department under the promulgation of the regulations on the safety management of dangerous chemicals;

    (C) usage in these measures, refers to the use of hazardous chemicals designed to use volume and actual usage of larger value;

    (D) large chemical plant in these measures refers to the original construction of the qualification standard of engineering design (the city [, 2007]86) in the chemical, petrochemical and pharmaceutical industry design and size of construction projects set out in the table of chemical manufacturing plants of large projects.

    46th hazardous chemical safety licensing instruments, hazardous chemical safety approach to style, content and number of used licenses, shall be separately prescribed by the State administration of work safety.

    47th provincial production safety supervision and management departments can use license according to local conditions to develop security management rules, and reported to the State administration of work safety record.

    48th article this approach purposes Qian has for production of enterprise, should since this approach purposes of day up 18 months within, in accordance with this approach of provides to sent card organ application handle security using license; late not application handle security using license, or by review not meet this approach provides of security using conditions, not made security using license, continues to for production of, in accordance with this approach 37th article of provides punishment. 49th article of the rules take effect on May 1, 2013.