Administrative Measures On Safety Training

Original Language Title: 安全生产培训管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201209/20120900371824.shtml

Administrative measures on safety training

    (Released January 19, 2012 the State administration of work safety, the 44th since March 1, 2012) Chapter I General provisions

    First in order to strengthen the management of production safety training, standardized safety training order, guarantee the quality of safety training, promote healthy development of safety training, according to the People's Republic of China work safety Act and the provisions of relevant laws and administrative regulations, these measures are formulated.

    Article security training organization, production and business operation entities engaged in safety training (hereinafter referred to as safety training) activities as well as production safety supervision and management departments, the coal mine safety supervision agency, local government departments in charge of coal mine safety training to supervise safety training, these measures shall apply.

    Third security training mentioned in these measures refers to improve safety supervisory personnel, production and business operation entities in China and the quality of the safety of personnel engaged in work safety for the purpose of education and training activities. Qian paragraph by said security regulatory monitored personnel is refers to County above levels government safety supervision management sector, and levels coal mine security monitored institutions engaged in security regulatory monitored, and administrative law enforcement of safety regulatory personnel and coal mine security monitored personnel; production business units practitioners is refers to production business units main head, and safety management personnel, and special job personnel and the other practitioners; engaged in safety work of related personnel is refers to engaged in security education training work of teachers, and

    Of hazardous chemicals registration authorities registration personnel and security evaluation, consulting, testing, inspection personnel and certified safety engineers and safety emergency rescue personnel.

    Article fourth safety training the implementation of an integrated planning, centralized management, graded implementation, classification, the principle of the separation of teaching and examination.

    The State administration of work safety (hereinafter referred to as the national security administration) and guide the national security training, supervise the safety training work throughout the country according to law.

    State administration of coal mine safety supervision Bureau (hereinafter referred to as the national coal mine safety supervision Bureau) and guide the national coal mine safety training work, to supervise and administer the national coal mine safety training work according to law.

    National emergency rescue command center and guide the national work safety emergency and first-aid training.

    Local people's Governments at or above the county level production safety supervision and management departments to supervise security training within their respective administrative areas.

    People's Governments of provinces, autonomous regions and municipalities are responsible for mine safety training departments, the provincial coal mine safety supervision authority (hereinafter referred to as the provincial coal mine safety training regulatory authority) in accordance with their respective responsibilities, in accordance with the jurisdiction of the regional training work of coal mine safety supervision and management.

    Chapter safety training providers Article fifth safety training institutions engaged in training activities, you must obtain the relevant qualification certificates.

    Certificate is divided into three levels. A qualification certificate, approved by the national State administration of work safety, issuing; grade II or grade III qualification certificate, work safety supervision and management departments of provinces, autonomous regions and municipalities (hereinafter referred to as the provincial production safety supervision and management departments) approval, issue.

    Establishment of coal mine safety supervision agency of provinces, autonomous regions and municipalities, by the provincial coal mine safety supervision organization responsible regional training institutions engaged in coal mine safety training activities in the secondary and tertiary qualification certificates of approval, issue.

    Article sixth grade a certificate of safety training agencies, can take over provincial production safety supervision and management departments, work safety supervision of coal mine safety supervision organization personnel, the coal mine safety supervision personnel, central corporate head office, plant or group of principals and administration of production safety, as well as security training teacher training institutions. Made two level qualification certificate of security training institutions, can bear set district of city, and County government safety supervision management sector (following referred to city level, and County safety supervision management sector) of safety regulatory personnel, provincial production business units and central enterprise of branch, and subsidiary and belongs units main head and safety management personnel, dangerous items of production, and business, and store units and mine enterprise of main head, dangerous chemicals registration institutions of registration personnel, bear security evaluation, and advisory, and

    Testing, inspection personnel, and certified safety engineers and three levels of safety training for teachers in training.

    Obtained a qualification certificate of safety training agencies, can take in addition to production and operation of enterprises under the Central Government and the provincial units of major directors, safety management and hazardous materials production, operation, storage units and mining enterprises in China mainly responsible for the production and business operation entities other than training.

    Security training organization at a higher level security training institutions can take on the next level of training.

    Security training institutions, with the conditions specified in article tenth, you can assume the job category of special operations personnel training.

    Article seventh security training application-level qualification certificate, subject to the following conditions:

    (A) legal liability independently or with the authorization, the registered capital or start-up costs more than 5 million Yuan;

    (B) full-time management staff;

    (C) sound institutional regulations, management systems and work rules;

    (D) more than 15 full-time or part-time teachers with Bachelor, with at least 10 with more than senior professional title and professional teachers by the national State administration of work safety examination, at least 5 full-time teachers registered safety engineer qualification;

    (E) there is a permanent, independent and focused and able to meet the training needs of the scale of more than 100 people in the same period of teaching and living facilities, including dedicated classroom area of 150 square meters;

    (Vi) safety training needs of other conditions.

    Article eighth security training body for secondary qualification certificate, subject to the following conditions:

    (A) legal liability independently or with the authorization, the registered capital or start-up costs more than 3 million Yuan;

    (B) full-time management staff;

    (C) sound institutional regulations, management systems and work rules;

    (D) more than 10 full-time or part-time teachers with Bachelor, at least 6 of which have intermediate professional title and by the provincial work safety supervision and management departments or provincial coal mine safety supervision organizations qualified full-time teachers, faculty at least 3 registered safety engineer qualification;

    (E) there is a permanent, independent and focused and able to meet the training needs of the scale of more than 80 people in the same period of teaching and living facilities, with dedicated classroom area of 120 square meters;

    (Vi) safety training needs of other conditions.

    Nineth security training institutions applying for certificate of qualification shall satisfy the following conditions:

    (A) legal liability independently or with the authorization, the registered capital or start-up costs more than 1 million Yuan;

    (B) full-time management staff;

    (C) sound institutional regulations, management systems and work rules;

    (D) 8 or more full-time or part-time teachers with Bachelor, at least 5 of which have intermediate professional title and by the provincial work safety supervision and management departments or provincial coal mine safety supervision organizations qualified full-time teachers, full-time teachers with at least 2 registered safety engineer qualification;

    (E) to meet the training needs of the scale of more than 60 people over the same period of teaching and living facilities, including dedicated classroom area of 100 square meters;

    (Vi) safety training needs of other conditions.

    Article tenth application security training institutions bear the safety technical training of special operations personnel, except in accordance with the approach under diqi、BA、jiutiao conditions, shall meet the following conditions:

    (A) each job category shall not be less than 2 college degree, professional full-time teachers, engaged in the practical teaching of the teachers should have more than professional Technician certificate;

    (B) have the appropriate job category of actual operating conditions.

    Section 11th level qualification certificate, in accordance with the following procedures shall be followed:

    (A) possess qualifications applicants will be security training body qualification application, safety training organization approval document or enterprises corporate registration certificate and the seventh materials under these measures, submitted to the provincial production safety supervision and management departments or provincial coal mine safety supervision organizations at first instance;

    (B) the provincial production safety supervision and management departments or provincial coal mine safety supervision organizations completed within 20 working days from the date of receipt of initial evaluation and qualifying applications submitted to the national State administration of work safety; (C) the national security administration completed within 20 working days from the date of acceptance of the application review process.

    Qualified and issued the corresponding certificate; do not meet the conditions, and notify the applicant in writing and state the reasons.

    12th section III certificates, in accordance with the following procedures shall be followed:

    (A) possess qualifications applicants will be security training body qualification application, safety training organization approval document or enterprise registration certificate and the eighth to Nineth material under these measures, submitted to the provincial production safety supervision and management departments or provincial coal mine safety supervision organizations; (B) the provincial safety supervision and management departments or provincial coal mine safety supervision organization shall be completed within 20 working days from the date of acceptance of the application review process.

    Qualified and issued the corresponding certificates, and reported to the national State administration of work safety record does not meet the criteria, and notify the applicant in writing and state the reasons.

    Article 13th bear safety technical training of special operations personnel, except in accordance with the 11th, 12 of these measures submitted to the relevant materials, should also be submitted in accordance with article tenth of the material.

    Corrective action required of the applicant's time, these measures are not included in the 11th and 12 within the stipulated time. 14th safety training professional teachers should receive special training, after passing the examination before they can post coach.

    Full-time teacher shall be not less than 40 hours of continuing education each year.
15th security training body qualification certificate may not be lent or rented to other organizations or individuals.

    Security training organization certificate is valid for 3 years.

    Expiry date of the certificate of safety training institutions need an extension, should be in the safety training certificate expires 30th extension formalities to the body that issued the certificate.

    16th the assessment of safety training certification shall not be charged.

    Chapter safety training

    17th security training should be carried out in accordance with the required safety training program.

    Safety supervisory personnel, production, operation and storage of dangerous goods and non-coal mining enterprise of major directors, safety officers and special operations personnel and associated personnel engaged in work safety security training program, developed by the State administration of safety supervision organizations.

    Safety production management of coal mine enterprise's directors, officers and special operations personnel training program developed by the State administration of coal mine safety supervision Bureau.

    In addition to the manufacture, operation, storage of dangerous goods units and mining enterprises of production and business operation entities other than the main directors, safety-control managers and other workers employed in safety training programs, by the provincial production safety supervision and management departments, the provincial coal mine safety training the regulators organization.

    18th National State administration of work safety, the provincial work safety supervision and management departments organize regular selection of excellent safety training materials.

    Security training institutions should give priority to excellent security training materials.

    19th national security administration is responsible for safety supervision of production safety supervision and management departments at or above the provincial level personnel, local coal mine safety supervision of coal mine safety supervisory personnel training work organization, direction and supervision of the central corporate head office, plant or group in charge of safety production management and personnel training.

    The provincial production safety supervision and management departments are responsible for municipal and County work safety supervision and Management Department of work safety supervision personnel training; organizing, directing and supervising the provincial production and business operation entities, within the assigned area of the central enterprise branch offices, subsidiaries and departments in charge of safety production management and personnel training, organizing special operations personnel training, guidance and supervision.

    Municipal and County work safety supervision and management departments organise, direct and supervise the administrative areas with the exception of the Central enterprises, the provincial production and business operation entities other than the production and business operation entities in charge of security training and Safety Manager.

    Regulators provincial coal mine safety training organization, guidance and supervision of the coal mining enterprises in the area are mainly directors, safety management and training for special operations personnel.

    Of hazardous chemicals registration authorities registration staff and security assessments, consulting, testing, inspection personnel and certified safety engineers and safety emergency rescue personnel safety training in accordance with the relevant laws, regulations and rules of conduct.

    In addition to directors, safety-control managers, production and business operation entities other than special operations personnel safety training for employees, the production and business operation entity is responsible for. 20th production and business operation entities shall establish a safety management system to ensure employee safety training requirements, to assist practitioners engaged in with the corresponding security education and training employee adjustment to work or the adoption of new technology, new technology, new equipment, new materials, should be special security education and training.

    Safety education and training without qualified practitioners, not posts.

    Employee safety training, production and business operation entity shall be filed for future reference.

    Article 21st of the following practitioners should be made by qualified security training training institutions:

    (A) in accordance with the relevant laws and regulations should be made the production and business operation entities in charge of the security certificate;

    (B) the safety Manager;

    (C) special operations personnel;

    (D) the underground mine production, technology, ventilation, electrical and mechanical, transport, logging, scheduling and other functional departments in charge.

    Other than those provided for in the preceding paragraph the safety training of employees, training organized by the production and business operation entity, or entrust the security training training institutions.

    Training content and training in production and business operation entities in China, should be in conformity with the production and business operation entities safety training regulations and the provisions of the relevant standard.

    22nd central enterprise branch offices, subsidiaries and their respective units and other production units, resulting in the death of a production safety accident, their principals and Safety Manager should participate in security training.

    Special operations personnel directly responsible for deaths of production safety accident shall be in accordance with the special operations personnel safety training and examination regulations to participate in security training.

    23rd the State encourages the production and business operation entities to implement the master system to cultivate.

    New mine downhole operation personnel and the risk of hazardous substances in the production and business operation entities new operations staff, except in accordance with the provisions of the security training, it should be led by the experienced staff after 2 months ' internship, independent post.

    24th State encourages the production and business operation entities hiring graduates from vocational colleges.

    Vocational school graduates in jobs related to your major and may be exempted from participating in initial training, except for the hands-on training. 25th safety training institutions should establish training systems and training of personnel archives, implementation of safety training programs.

    Safety training-related, should be recorded for future reference. Article 26th safety training agencies engaged in training fees, shall comply with the provisions of laws and regulations.

    Laws and regulations do not provide, shall, in accordance with standard industry self-regulatory standards or guidance.

    27th State encourages safety training institutions and the production and business operation entities using modern information technology security training, including distance learning.

    The fourth chapter safety training assessment

    28th safety supervisory personnel, engaged in the work of safe production related personnel security certificate, in accordance with the relevant laws and regulations should be made of the production and business operation entity mainly responsible and Safety Manager, special operations personnel safety training assessment, should adhere to the separation of teaching and examination, uniform standards, Unity Bank, ratings, the principle of responsibility, computer test-step implementation of remote video surveillance.

    Article 29th safety supervisory personnel, production, operation and storage of dangerous goods and non-coal mining enterprises for directors, safety-control managers and special operations personnel and associated personnel engaged in work safety assessment standards, formulated by the State administration of safety supervision.

    Safety production management of coal mine enterprise's directors, officers and special operations personnel appraisal standards established by the State administration of coal mine safety supervision Bureau.

    In addition to the manufacture, operation, storage of dangerous goods and mine production and business operation entities other than the main directors, safety-control managers and other workers employed in standard, developed by the provincial production safety supervision and management departments.

    30th national security administration is responsible for safety supervision of production safety supervision and management departments at or above the provincial level personnel, local coal mine safety supervision of coal mine safety supervision organization personnel assessment; central corporate head office, plant or group of principals and Safety Manager examination.

    The provincial production safety supervision and management departments are responsible for municipal and County work safety supervision and Management Department of work safety supervision personnel assessment; responsible for the provincial production and business operation entity and the central business branches, subsidiaries and departments in charge of safety production management and staff assessment, responsible for special operations personnel appraisal.

    Municipal work safety supervision and management departments in charge of the administrative areas with the exception of the Central enterprises, the provincial production and business operation entities other than the production and business operation entities primarily responsible and Safety Manager examination.

    Provincial coal mine safety regulators are responsible for areas of coal mine enterprises in charge, safety-control managers and special operations personnel appraisal.

    In addition to directors, safety-control managers, production and business operation entities other than special operations personnel appraisal of other practitioners, from production and business operation entities in accordance with the evaluation criteria released by the provincial production safety supervision and management departments, and self examination.

    31st production safety supervision and administration departments, the coal mine safety training regulators and assessment system of the production and business operation entities shall establish security training, establishment of examination management files for future reference.

    The fifth chapter safety training certification

    Article 32nd security training of qualified officers, upon completion of the assessment by the assessment Department issued the corresponding certificate within 10 business days. 33rd article safety regulatory personnel by assessment qualified Hou, issued safety regulatory law enforcement card; coal mine security monitored personnel by assessment qualified Hou, issued coal mine security monitored law enforcement card; dangerous items of production, and business, and store units and mine Enterprise main head, and safety management personnel by assessment qualified Hou, issued security qualification card; special job personnel by assessment qualified Hou, issued People's Republic of China special job operation card (following referred to special job operation card)

    ; Hazardous chemicals registration registration after passing the examination, officers of the Agency, issued certificate; other officers after passing the training, training certification. Article 34th work safety, coal mine safety supervision and law enforcement of law enforcement certificates certificate, security certificate, certificate of special operations and license model, provided centrally by the national State administration of work safety.

    Certificate for design, by the departments responsible for training and examination regulations. 35th work safety, coal mine safety supervision and law enforcement of law enforcement certificates certificate, security certificate is valid for 3 years.

    Need an extension of the expiry, expiry of the validity period should be before 30th extension formalities apply to the issuing department.

    Special operations personnel appraisal certification in accordance with the special operations personnel safety and technical implementation of the training and examination regulations.
36th special work permits and provincial work safety supervision and management departments, the provincial coal mine safety training regulatory authority Chief, safety managers, safety certification valid throughout the country.

    37th security assessments, consulting, testing, inspection and safety emergency rescue personnel assessment, certification, in accordance with the provisions of relevant laws, rules and regulations.

    Supervision and administration of the sixth chapter

    38th production safety supervision and management departments, coal mine safety training supervisory agency shall, in accordance with laws and regulations and these regulations, strengthen the supervision and management of safety training, for production and business operation entities, security training institutions in breach of the laws, regulations and acts in this way, dealt with according to law.

    The provincial production safety supervision and management departments, the provincial coal mine safety regulators should statistical analysis of security within their respective administrative areas on a regular basis training, assessment, certification, and reported to the national State administration of work safety. 39th of production safety supervision and administration departments, the coal mine safety supervision organization and its personnel shall adhere to open, fair and just principles, strictly in accordance with provisions of laws and regulations and these rules, reviewing, issuing safety certificates of training institutions. Certificate of safety training agency has been made, work safety supervision and management departments, the coal mine safety supervision agencies should be reviewed once a year to check.

    Supervision and management of production safety sector, the coal mine safety supervision organization shall be announced to the public on a regular basis have made certificate of safety training agencies, subject to public supervision.

    Of the annual review of safety training, production and business operation entity shall be solicited views on the quality of training and training.

    40th of production safety supervision and administration departments regulators and mine safety training safety training safety training activities should be carried out supervision and inspection, this includes:

    (A) in accordance with the qualification training;

    (B) establish and part-time teachers are equipped with the training management system;

    (C) implementing training programs, establish training records and training guarantee;

    (Iv) training fee;

    (E) the laws and regulations of the other content.

    41st of production safety supervision and management departments, coal mine safety regulators should supervise the implementation of safety training for production and business operation entity checks, this includes:

    (A) security training, annual training plans, safety training and management development and implementation;

    (B) security training investment and use of funds;

    (C) the directors, safety-control managers and special operations personnel trained and certified;

    (D) the application of new technologies, new materials, new equipment and transferred before the safety training of employees;

    (E) the training of employees of security;

    (F) the laws and regulations of the other content.

    42nd any unit or individual production and business operation entities, security training institutions acts in violation of relevant laws and regulations and these rules, shall be entitled to production safety supervision and management departments, the coal mine safety supervision agency, coal mine safety regulators report or reports.

    Complaint Department or Office shall keep their informants confidential and in accordance with the relevant provisions of the report for verification and processing.

    43rd supervisory organs in accordance with the People's Republic of China on administrative supervision law and other laws, administrative laws and regulations, work safety supervision and management departments, the coal mine safety supervision agency, coal mine safety training regulators and staff training functions of supervision and implementation monitoring.

    The seventh chapter legal liability

    44th of production safety supervision and administration departments, the coal mine safety supervision organization, staff of regulatory bodies in coal mine safety training safety training in supervision and management of abuse, negligence, malpractice, in accordance with relevant regulations, disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.

    45th security training organization, one of the following circumstances, a rectification, fines of between 10,000 yuan; it fails to mend, given a warning and fines of between 10,000 yuan and 30,000 yuan in serious cases, to revoke its certificate, and a fine of up to 30,000 Yuan:

    (A) is not in accordance with permit qualification of training;

    (B) is not in accordance with the unified training syllabus organization of teaching and training;

    (C) full-time teacher without examination or assessment of unqualified safety training work;

    (D) failure to establish training records or training file is not standardized;

    (V) safety training certificate lent or rented to other organizations or individuals.

    Security training institutions adopt the unfair competition means, intentionally demeaning, denigrating other security training institutions, in accordance with the provisions of the preceding paragraph.

    Article 46th security training institutions to assess test does not continue to engage in safety training activities, correction, fines of between 10,000 yuan; it fails, fines of between 10,000 yuan and 30,000 yuan in serious cases, revocation of its certificate.

    Security training institutions were not in accordance with the relevant provisions of the security training, production and business operation entity and participate in security training of personnel training quality is relatively large, given a warning and fined not more than RMB 30,000 yuan in serious cases, revocation of its certificate.

    47th security training institutions to hide relevant information or provides false information to apply for security training body qualification of inadmissible or no security training body qualification certificates issued, and within 1 year from the date of discovery do not apply again for a security training body qualification.

    48th security training institutions through deception, bribery or other improper means to obtain safety training certificate, in addition to revoke security training body qualification certificate, fines of between 10,000 yuan and 30,000 yuan, and withdraw its security training institutions within 3 years from the date on which the certificate of qualification shall not apply again for a security training body qualification.

    49th production and business operation entities primarily responsible, Safety Manager, special operations personnel by fraud, bribery or other improper means to obtain security certificates or certificates of special operations, subject to revocation of its certificate, a fine of between 3,000 yuan and revoke the relevant certificate allowed to re-apply within 3 years from the date of the certificate.

    50th production and business operation entity shall have any of the following circumstances shall be ordered to correct, fined not more than RMB 30,000 Yuan:

    (A) is not in accordance with the first paragraph of the article 21st training by qualified security training institutions;

    (B) the safety training of employees for less than the production and business operation entities safety training regulations or the provisions of the relevant standards;

    (C) the new mine downhole operation personnel and the risk of hazardous substances in the production and business operation entities new technology positions, without independent post internship;

    (D) is not in accordance with the provisions of this article 22nd to participate in security training.

    51st production business unit is in breach of the laws and regulations of safety education and training in other acts, in accordance with the provisions of relevant laws and regulations will be punished.

    The eighth chapter by-laws 52nd these measures shall come into force on March 1, 2012. Published on December 28, 2004 the management of safety training (formerly the national safe production supervision administrative Bureau of the State administration of coal mine safety supervision Bureau, the 20th) repealed simultaneously.