Safety Supervision Of Dangerous Chemicals Construction Project Management

Original Language Title: 危险化学品建设项目安全监督管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201209/20120900371825.shtml

Safety supervision of dangerous chemicals construction project management

    (January 30, 2012, the State administration of work safety announced come into force on April 1, 2012, 45th) Chapter I General provisions

    First in order to strengthen the management of construction safety supervision of dangerous chemicals, standardize construction project safety review of hazardous chemicals, according to the People's Republic of China Law of safety production and the safety management of dangerous chemicals Ordinance and other laws and administrative regulations, these measures are formulated.

    Article People's Republic of China territory of new construction, renovation or expansion of dangerous chemicals production, storage construction project, as well as with hazardous chemicals, the chemical construction projects (including hazardous chemicals for long distance pipeline construction project, hereinafter referred to as project), its safety review, supervision and management, application of this approach.

    Exploration, exploitation and its supporting storage of hazardous chemicals, crude oil and natural gas exploration, mining support transportation and storage, gas transportation and storage, construction projects, these measures are not applicable.

    Article security reviews of construction projects in these measures refers to construction project safety review, design review and acceptance of safety facilities. Security applications for review by the project owner of the construction project, classification of production safety supervision and management departments in accordance with the measures implemented.

    Without a safety review of the construction project may not be built or put into production (used).

    Fourth, the State administration of work safety to guide and supervise the national security review of the implementation of construction projects, and was responsible for the security review of the implementation of the following projects:

    (A) the approval of the State Council (approval, for the record);

    (B) across provinces, autonomous regions and municipalities.

    Province, and autonomous regions, and municipalities government safety supervision management sector (following referred to provincial safety supervision management sector) Guide, and supervision this administrative within construction project security review of supervision management work, determine and announced this sector and this administrative within by set district of city level government safety supervision management sector (following referred to city level safety supervision management sector) implementation of Qian paragraph provides yiwai of construction project range, and reported national safety supervision management general record.

    Fifth projects have one of the following situations should be reviewed by the provincial production safety supervision and management departments in charge of security:

    (A) the investment Department under the State Council for approval (approval, for the record);

    (B) the production of highly toxic chemicals;

    (C) the provincial safety production supervision and Management Department of the first paragraph of this article fourth of other construction projects. Sixth section is responsible for the implementation of the construction project safety review of safety supervision and management departments in accordance with the needs, and can be responsible for the implementation of the construction project safety review, commissioned by the level of production safety supervision and management departments. Delegate implementation of security review, the results of the commissioned work safety supervision and management departments are responsible for.

    Across provinces, autonomous regions and municipalities directly under the construction project and the construction project of the production of highly toxic chemicals may not delegate the implementation of security review.

    Construction project of any of the following circumstances, may not authorize the County work safety supervision and management departments to implement safety reviews:

    (A) key released by the State administration of work safety supervision of dangerous chemical process;

    (B) key released by the State administration of work safety supervision of dangerous chemicals toxic gas, liquefied gas, flammable liquids, explosive, and constitutes a major hazard.

    Commissioned production safety supervision and Administration Department shall be entrusted with the construction of the project security review Commission other unit.

    Seventh project design, construction, supervision and safety assessment shall have appropriate qualifications, and be responsible for the outcome of its work.

    Chemical process involving key regulatory risk, focused supervision of dangerous chemicals or hazardous chemical construction project of major dangerous source should be qualified by petrochemical pharmaceutical industry design unit design.

    Chapter II construction project safety review

    Eighth section units shall in the construction projects in feasibility study stage, demonstrated the following safety conditions, preparation of safety condition report:

    (A) construction projects conform to national and local government policies and layout;

    (B) the planned construction project is in the local government area;

    (C) project site in compliance with the code for design of general layout of industrial enterprises (GB50187), the code for general plan transportation design for chemical enterprises (GB50489) and other related standards; long distance pipelines involving dangerous chemicals, are in accordance with the code for design of gas transmission pipeline (GB50251), of the petroleum and natural gas engineering fire protection standard (GB50183) and other related standards;

    (D) construction projects around key sites, regions and distribution of population, construction facilities and continuous production and operation activities and interaction, safety precautions are scientific and feasible;

    (E) natural conditions on the work safety of construction projects of local effects and safety measures for scientific and feasible;

    (F) the main technology, technology is mature and reliable;

    (G) based on original production, storage conditions, depending on whether conditions are safe and reliable.

    Nineth units shall in the construction projects in feasibility study stage, delegates with appropriate safety assessment institutional safety evaluation of the construction project. Safety evaluation institution shall, in accordance with the relevant safety laws, rules, regulations and national standards, industry standards, and safety evaluation of the construction project, construction project safety assessment report issued by.

    Safety evaluation report should be consistent with the hazardous chemical construction projects called for in the rules of safety evaluation.

    Tenth construction project, one of the following circumstances, the safety assessment should be under grade a safety assessment authority:

    (A) and investment Department of the State Council for approval (approval, for the record);

    (B) the production of highly toxic chemicals;

    (C) across provinces, autonomous regions and municipalities;

    (D) otherwise provided by the laws, rules and regulations.

    11th construction units shall, before construction projects begun preliminary design, with this approach to the fourth, fifth article corresponding to the conditions of production safety supervision and management departments to apply for construction project safety review, submit the following documents and materials, and its authenticity is responsible for:

    (A) construction project safety review of application forms and documents;

    (B) construction project safety report;

    (C) safety evaluation of construction project reports;

    (D) construction projects relevant to ratification, approval or for the record documents and planning documents (copies);

    (E) issued by the Administration for industry and commerce business license or business name prior approval written notice (a copy).

    12th construction unit to the application security review of documents, materials complete, in compliance with the statutory form, work safety supervision and management departments should be dismissed on the spot and inform the owner in writing.

    Employer application security review of files, the data are incomplete or not in compliance with the statutory form, work safety supervision and management departments should be the receipt of the application documents and materials within five working days of the date the written informed all units need to supplement content; fails to tell, from the date of receipt of the application documents and materials shall be accepted. Construction project has been accepted by the 13th review application conditions of safety, work safety supervision and management departments should assign the relevant personnel or experts to review the application documents and materials, and within 45 days from the day of acceptance of the application issue a construction project to construction safety review submissions.

    Security conditions for construction projects of the review submissions are valid for two years.

    In accordance with the statutory conditions and procedures, you need to verify the substance of application documents and information, work safety supervision and management departments should assign more staff to conduct on-site verification of construction project.

    Verification related problems found in construction site of rectification and modification application documents, information on time is not calculated within the period specified in this section.

    14th construction project, one of the following circumstances, review of security conditions fail:

    (A) the safety report and safety assessment report significant defects, leaks, including the construction of major danger and harmful factors of the project identification and evaluation of incomplete or inaccurate;

    (B) construction project and the surrounding places, facilities from natural conditions or proposed site does not meet the relevant safety laws and regulations, the provisions of regulations and national standards, industry standards;

    (C) technical, process is not determined or does not comply with the safety laws, rules and regulations and the requirements of national standards, industry standards;

    (D) the internal chemical process used for the first time, without the security and reliability of provincial relevant departments demonstrated;

    (E) the countermeasures and suggestions on designs of safety facilities do not meet the laws and regulations, the provisions of regulations and national standards, industry standards;

    (Vi) not delegated with appropriate qualification of safety evaluation for safety evaluation of agencies;

    (G) concealing relevant information or providing false documents and materials.

    Construction project does not pass safety review of unit after rectification can reapply for the construction project safety review.

    15th has passed the safety review of construction projects in any of the following circumstances, the construction unit shall return to safety and safety assessment conditions argument and application review:

    (A) significant changes in the conditions of construction projects around;

    (B) change of address;

    (C) the main technology, process, product or significant changes in the scale;

    (D) construction projects have not started construction in safe conditions for validity of the review submissions, need to be built after the expiration.

    Chapter III examination designs of safety facilities of construction project 16th design units should be based on the relevant safety laws, rules and regulations and national standards, industry standards as well as security conditions for construction projects to review submissions, in accordance with the security design guidelines for the management of construction projects of chemical engineering (AQ/T3033), to design the security facilities of construction projects, and prepare the designs of safety facilities of construction project special.

    Designs of safety facilities of construction projects should be consistent with the self-review of dangerous chemicals safety facilities of construction project design review requirements of the guidelines for the preparation.

    17th units shall in the construction project after the design is complete, detailed design before the start of construction project security conditions of the review submissions presented by work safety supervision and management departments to apply for safety facilities of construction project design reviews, submit the following documents and information, and is responsible for its authenticity:

    (A) the application for design review and documentation of safety facilities of construction projects;

    (B) the design unit design qualification certificate (copy);

    (C) the designs of safety facilities of construction project special. 18th construction unit to the application security design review documents, materials complete, in compliance with the statutory form, work safety supervision and management departments should be dismissed on the spot without review or review by security conditions, is not admissible.

    Admissible or inadmissible situation, work safety supervision and management departments should inform the employer in writing.

    Security design review application files and data are incomplete or do not meet the requirements, work safety supervision and management departments should be the receipt of the application documents and materials within five working days of the date the written informed all units need to supplement content; fails to tell, from the date of receipt of the application documents and materials shall be accepted. 19th article on has accepted of construction project security facilities design review application, safety supervision management sector should assigned about personnel or organization experts on application file, and information for review, and in accepted application of day up 20 a days within made agreed or not agreed construction project security facilities design designed article of decided, to units issued construction project security facilities design of review submissions; 20 a days within cannot issued review views of, by this sector head approved, can extended ten a days,

    And shall extend the term and the reasons for the construction unit.

    In accordance with the statutory conditions and procedures, you need to verify the substance of application documents and information, work safety supervision and management departments should assign more staff to conduct on-site verification.

    Verification related problems found in construction site of rectification and modification application documents, information on time is not calculated within the period specified in this section.

    20th designs of safety facilities of construction projects, one of the following circumstances, review the failed:

    (A) design qualifications do not meet the relevant provisions;

    (B) is not in accordance with the relevant laws and regulations on safety, regulations and national standards, industry standards of design;

    (Iii) was not adopted in the safety evaluation of construction project security countermeasures and suggestions without sufficient evidence;

    (D) conceal the relevant information or providing false documents and materials.

    Safety facilities of construction project design review was not adopted by the unit after rectification can reapply for reviewing designs of safety facilities of construction projects.

    21st article has review the designs of safety facilities of construction projects by one of the following circumstances, the construction unit shall apply to the review Department safety review of the facility to change the design of construction projects:

    (A) changing the designs of safety facilities and may reduce safety;

    (B) in the redesigned during construction.

    The fourth chapter project trial production (used)

    Safety for 22nd construction projects completed, the construction unit shall, in accordance with the relevant safety laws, regulations, the provisions of regulations and national standards, industry standards, inspection, testing the safety facilities of construction projects, ensure the security facilities of construction projects meet the safety requirements of production and storage of dangerous chemicals, and under normal application conditions. 23rd the employer shall arrange for the construction project design, construction, supervision and other relevant units and experts, pilot studies proposed the construction of projects (use) (hereinafter referred to as pilot) possible security problem and countermeasures, and in accordance with the relevant safety laws and regulations, the provisions of regulations and national standards, industry standards, designing a proper trial production (use) program.

    Trial production (used) relating to safety programme shall include the following contents:

    (A) construction equipment and pipelines pressure testing, purging, gas-tight, single test, instrument adjustment, joint commissioning of production preparation, such as completed;

    (B) the commissioning programmes;

    (C) pilot (using) safety issues that may arise in the process, strategies and contingency plans;

    (D) environment and construction of project safety production of construction project (used) confirmation of the interaction;

    (E) implementation of major hazard control measures of hazardous chemicals;

    (F) the allocation of human resources;

    (G) production (used) the beginning and ending dates.

    24th construction units to adopt effective safety measures, to security facilities of construction projects and production, storage and use of installations, facilities and production (used).

    Trial production (used), construction should organize experts to test production (used) reviewed.

    Trial production (used), construction should organize experts to test production (used) confirm the conditions, the test production (used) process guidance.

    25th construction units should be in trial production (used), pilot (use) program, submit the designs of safety facilities certificate production safety supervision and management departments of the review submissions, submit the following documents and materials, and its authenticity is responsible for:

    (A) trial production (use) program application form;

    (B) trial production (use) program;

    (C) the design, construction, the engineer on trial production (used) programme and the availability of production (used) conditions;

    (D) experts on the trial production (use) program review;

    (E) report on significant changes in the design of safety facilities;

    (Vi) implementation of designs of safety facilities in the construction report;

    (VII) organizational design omitted items, inspection of project quality, project risks, as well as the report of the implementation of the corrective measures;

    (H) the construction project, the engineer qualification certificate (copy);

    (IX) construction project quality supervision procedures (a copy);

    (J) for directors, safety-control managers, registered safety engineer qualification certificate (copy), and list of special operations personnel;

    (11) safety education, training qualified practitioners of supporting documents;

    (12) labor protective equipment are outfitted with notes;

    (13) the safety production responsibility system and file list list of safety regulations, safety regulations for the operation;

    (14) the set of production management and full-time safety Manager files (copy).

    26th for construction units of production safety supervision and management departments should submit for the record file, information reviewed compliance with the statutory form, receipt filings, data issued within five working days from the date of production (used) filed submissions. 27th project trial production period should be not less than 30th, not more than one year. Need an extension, you can apply to the records Department.

    Still unable to stabilize the production after two postponements, the construction unit shall immediately stop production, design, construction, supervision and other relevant units and experts to analyze the reasons, problems of rectification, reformulation of trial production in accordance with the provisions of this chapter (use) programme and production safety supervision and Administration Department.

    The fifth chapter safety facilities of construction project completion acceptance 28th security facilities of construction project after construction is complete, the construction unit shall prepare a project security facilities construction report.

    Construction of safety facilities of construction project report should include the following:

    (A) construction of basic information, including construction projects construction in the past;

    (B) qualification of construction units (copies provided related proof materials);

    (C) the construction basis and implementation of the relevant laws, rules, regulations and national standards, industry standards;

    (D) quality control;

    (E) changes in construction, including construction projects in construction and facility changes relating to safety during the production.

    29th production during construction projects, the construction unit shall, in accordance with the provisions of these measures delegate qualified security assessment Agency safety facilities of construction project and its trial production (used) for safety acceptance evaluation of the situation and trust in safety assessment of feasibility study for the safety evaluation of the same institution. Safety evaluation institution shall, in accordance with the relevant safety laws, rules, regulations and national standards, industry standards for evaluation.

    Construction project safety assessment report shall be in accordance with the dangerous chemicals safety evaluation of construction project requirements of the rules.

    Article 30th units shall in the construction project trial production period to produce designs of safety facilities of construction projects before the end of the review submissions of work safety supervision and management departments to apply for safety facilities of construction project completion acceptance, submit the following documents and materials, and its authenticity is responsible for:

    (A) the safety facilities of construction projects and documents for acceptance of applications;

    (B) the security facilities of construction project construction, supervision and reporting;

    (C) safety assessment of construction project reports;

    (D) production (used) during the accident, take precautions and rectification reports;

    (E) for employees to pay industrial injury insurance proof material (copy);

    (F) hazardous chemical accident emergency plan registration form (a copy);

    (VII) constitutes a major hazard of dangerous chemicals should also be submitted to the record-keeping certification documents of major hazard of dangerous chemicals (copies).

    31st construction safety facilities of construction project completion and acceptance of the submitted application documents, materials complete, in compliance with the statutory form, work safety supervision and management departments should be admissible, and shall inform the employer.

    Safety facilities of construction project completion approval applications documents and data are incomplete or not in compliance with the statutory form, work safety supervision and management departments should be the receipt of the application documents and materials within five working days of the date the written informed all units need to supplement content; fails to tell, from the date of receipt of the application documents and materials shall be accepted. 32nd article has accepted of construction project security facilities completed acceptance application, safety supervision management sector should assigned about personnel or organization experts on application file, and information for review, and since accepted application of day up 20 a days within made agreed or not agreed construction project security facilities input production (using) of decided, to units issued construction project security facilities completed acceptance submissions; 20 a days within cannot issued acceptance submissions of, by this sector head approved,

    Extension of ten working days, it shall be extended by a period and the reasons for the employer.

    In accordance with the statutory conditions and procedures, you need to verify the substance of application documents and information, work safety supervision and management departments should assign more staff to conduct on-site verification.

    Verification related problems found in construction site of rectification and modification application documents, information on time is not calculated within the period specified in this section.

    Article 33rd safety facilities of construction projects, one of the following circumstances, security facilities of construction project completion failed:

    (A) has appointed a qualified construction unit construction;

    (B) fails to have been vetted by the security facilities of construction projects design and construction or construction quality that did not meet the requirements of security facilities of construction project design documents;

    (C) the security facilities of construction projects construction does not meet national standards, industry standards requirements;

    (D) the safety facilities of construction projects are completed in accordance with the regulations for inspection, testing, or failed to pass the inspection and testing;

    (E) has appointed a qualified security assessment for the safety assessment of agencies;

    (Vi) safety equipment and safety conditions did not meet or do not meet the work safety laws, rules, regulations and national standards, industry standards requirements;

    (G) the safety assessment report significant defects, leaks, including the construction of project risk, hazards identification and assessment is not correct;

    (VIII) conceal the relevant information or providing false documents and materials.

    Safety facilities of construction project completion acceptance does not pass the unit again after rectification can be applied to the original acceptance Authority security facilities of construction project completion.

    34th the construction unit shall receive the agreed to put into production (used) the security facilities of construction project completion within ten working days from the date of acceptance, in accordance with the provisions of the relevant laws and regulations and its supporting regulations apply for additional security clearances about hazardous chemicals.

    Safety facilities of construction project completion acceptance can be used as production, distribution, use, on-site verification of the security clearance.

    Supervision and administration of the sixth chapter

    35th security conditions for construction projects through the review, safety equipment before acceptance, construction changes, the employer shall, without delay after the change will prove that materials and information submitted to production safety supervision and management departments in charge of construction project safety review.

    36th under any of the following circumstances, to examine production safety supervision and management departments or their superior production safety supervision and management departments to revoke security review of the construction project:

    (A) abuse their powers, neglect their duties;

    (B) in excess of their statutory powers;

    (C) the violation of legal procedures;

    (D) the applicant is not eligible or not in compliance with the statutory requirements;

    (E) other circumstances as may be revoked according to law.

    Unit by fraud, bribery or other improper means through a security review, should be rescinded.

    37th production safety supervision and management departments should establish and improve the security review of the file and its management system of construction project, and timely security review informed the authorities of the construction project.

    The 38th production safety supervision and management departments at all levels shall, in accordance with their respective mandates, shall conduct supervision and inspection of construction project security review, cases of violation of these measures found in the inspections, should be dealt with according to law, and inform the review of the implementation of safety supervision and administration departments.

    39th municipal work safety supervision and management departments should be in by January 31 of each year, the Administration last year in construction project safety review of reports on implementation of the provincial production safety supervision and management departments.

    Provincial work safety supervision and management departments should be in by February 15 of each year, the Administration last year in construction project safety review of reports on implementation of the State administration of work safety.

    The seventh chapter legal liability

    40th of production safety supervision and Management Department functionary, abuse of power, dereliction of duty, failing to perform hazardous chemical safety review and supervision and management of construction project, shall be subject to punishment.

    41st without review by review of security conditions or safety conditions, new construction, renovation or expansion of production and storage of hazardous chemicals construction projects shall be ordered to stop construction, rectify; fails, fined not more than between 1 million Yuan and 500,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

    15th article in the present measures of construction project change, did not reapply for review of security conditions, and review through the unauthorized construction, in accordance with the provisions of the preceding paragraph.

    42nd unit has one of the following acts, in accordance with the People's Republic of China Law on work safety-related safety facilities of construction project design review, completion and acceptance of the liability to punishment:

    (A) the designs of safety facilities of construction projects has not been examined or failed, unauthorized construction;

    (B) the safety facilities of construction projects designed one of the situations provided for in article 21st of this approach, without changing the design review or modification of design review failed, unauthorized construction;

    (C) the units are not in accordance with approved security construction projects design and construction of facilities;

    (D) the security facilities of construction projects without acceptance or unqualified acceptance, put into production without authorization (used).

    43rd unit has one of the following acts shall be ordered to correct, may be fined not more than 10,000 yuan; it fails to mend, fines of between 10,000 yuan and 30,000 Yuan:

    (A) the safety facilities of construction projects are completed without inspection and testing;

    (B) when applying for a construction project safety review of providing false documents and materials;

    (C) failing to organize relevant units and experts proposed pilot (used) possible security problem and countermeasures, or failing to make thorough trial (used) to conduct a trial production (used);

    (D) failing to organize relevant experts on the trial production (used) pilot programme review, (with) check to make sure the condition;

    (E) pilot (used) programme did not report production safety supervision and management departments.

    44th construction units to hide relevant information or provides false information to apply for security reviews of construction projects, not to accept or review failed, given a warning and work safety supervision and management departments find allowed to re-apply within one year from the date of the review.

    Employer fraud, bribery or other improper means to achieve security reviews of construction projects, work safety supervision and management departments to withdraw construction project safety review may not apply again, within three years from the date of the review.

    Article 45th safety evaluation, inspection and testing agency issue a false report, show that, in accordance with the People's Republic of China work safety relevant provisions of the law are punished.

    The eighth chapter supplementary articles

    Article 46th for smaller, less dangerous route and simple construction projects, work safety supervision and management departments can be simplified construction project safety review of process and content.

    47th staging building construction projects, work safety supervision and management departments can be phased security review design review, security facilities, pilot program filing and acceptance of safety facilities.

    48th new projects in these measures, refers to one of the following items:

    (A) the construction of new enterprises set up dangerous chemicals production, storage devices (facilities), or an existing building and the existing production, Stockpiling activities dangerous chemical production and storage units (facilities);

    (B) construction of newly established enterprises with hazardous chemicals chemicals production plant (facility), or existing enterprise construction different from existing production activities associated with hazardous chemicals chemicals production facility (facility). 49th renovation projects in these measures, refers to one of the following items:
    (A) enterprises in service production, storage of hazardous chemicals (facilities), in-situ techniques, technology, devices (facility), the types of hazardous chemicals;

    (Ii) enterprise in service with hazardous chemicals chemicals production plant (facilities), in-situ techniques, processes, main unit (facilities).

    50th expansion projects in these measures, refers to one of the following items:

    (A) enterprises with existing technology, technology, equipment (facility) same, dangerous chemicals, production and storage units (facilities) relatively independent;

    (B) construction and existing enterprise technologies, technology, equipment (facilities), but production plants (facilities) relatively independent with hazardous chemicals.

    51st the relevant instruments required to implement construction project safety review of content and format, shall be separately prescribed by the State administration of work safety.

    52nd of the provincial production safety supervision and management departments in accordance with this approach provides that developed and published the need to simplify the security conditions in the administrative area reviews review of security conditions and stages of construction projects and review its contents, and reported to the State administration of work safety record.

    53rd purposes herein, is responsible for the implementation of production safety supervision and management departments of the security review of the project change (has passed the safety devices except for project acceptance), the original production safety supervision and management departments should be safety review of the implementation of construction projects and the handover of archives, in accordance with the measures responsible for production safety supervision and management departments of the implementation of the construction project safety review. 54th these measures come into force on April 1, 2012. The State administration of work safety announced on September 2, 2006 implementation of the construction project of the dangerous chemicals safety licensing procedures abolished at the same time.