Implementation Measures For The Dangerous Chemical Production Enterprise Safety Production License 

Original Language Title: 危险化学品生产企业安全生产许可证实施办法 

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201112/20111200359080.shtml

Implementation measures for the dangerous chemical production enterprise safety production license (August 5, 2011 the State administration of work safety announced 41st come into force December 1, 2011) Chapter I General provisions

    First in order to strictly regulate the production of dangerous chemicals businesses safety conditions of dangerous chemical enterprise safety in production permit issuance and management of work, in accordance with the regulations on the safety production license, the safety management of dangerous chemicals Ordinance and other laws and administrative regulations, formulate measures for its implementation.

    Article II dangerous chemical production enterprise in these measures (hereinafter referred to as company), is established by law and obtained business license or business engaged in the production of approved files final products or intermediate products listed in the catalogue of enterprises of dangerous chemicals. Enterprises shall, in accordance with article III of the regulations achieve safety production license of hazardous chemicals (hereinafter referred to as the safety production license).

    Without safety production license of the enterprise may not engage in production of hazardous chemicals.

    Enterprises involving the use of toxic substances, apart from the safety production license, and shall obtain the occupational health and safety permit.

    Fourth issue management work of enterprise for safe production license application, a two-level certification, the principle of jurisdictional supervision.

    Fifth the State administration of work safety guidance, supervision and management of the national safety production license issued, and was responsible for involving dangerous chemicals production and its direct holdings of Central enterprises involving dangerous chemicals in production of enterprises (Headquarters) for issue and administration of safety production license.

    Safety supervision and management departments of provinces, autonomous regions and municipalities (hereinafter referred to as the provincial production safety supervision and management departments) responsible for the administration of this article other than those provided for in the first paragraph for issue and administration of the enterprise safety in production permit. Sixth provincial production safety supervision and management departments can be responsible for safety production license was issued, and commissioned a business seat of municipal or County work safety supervision and management departments. Involves the highly toxic chemical production enterprise safety production license issued shall not delegate the implementation.

    Released by the State administration of work safety involving hazardous chemical processes and focus on supervision of dangerous chemical enterprise safety production license issued shall not delegate implementing production safety supervision and management departments at the county level.

    Delegated district municipal or County work safety supervision and management departments in the context of delegated, on behalf of the provincial production safety supervision and management departments of licensing, but not commissioned other organizations and individuals.

    The State administration of work safety, the provincial production safety supervision and management departments and commissioned a set of municipal or County work safety supervision and management departments are collectively called organ.

    Article seventh provincial production safety supervision and management departments should be entrusted with the district municipal or County work safety supervision and management departments, and delegate matters shall be published.

    The provincial work safety supervision and management departments should guide, monitoring the district commissioned municipal safety production permit from the County work safety supervision and management departments, and its legal consequences.

    Chapter II requirements for application for safety production license

    Article eighth site layout, planning and design, as well as an important place for the distance, facilities, shall comply with the following requirements:

    (A) the industrial policies of the State; and above the county level (including County) people planning and layout; the newly established enterprises in local government planning specifically for hazardous chemicals production and storage area;

    (B) hazardous chemical production plant or store 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, facilities, areas of distance in compliance with the relevant laws, regulations, rules and provisions of the national standard or industry standard;

    (C) the General layout in accordance with the code for general plan transportation design for chemical enterprises (GB50489), the code for design of general layout of industrial enterprises (GB50187), of the code for fire protection design of buildings (GB50016) and other standard requirements.

    Petrochemical enterprises except those that meet the conditions specified in the first paragraph of this article, but should also be consistent with the code for design of petrochemical Enterprise fire (GB50160) requirements.

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

    (A) the construction, reconstruction or expansion project has the qualifications prescribed by the State unit design, manufacture and construction involving hazardous chemical processes, key device for regulation of dangerous chemicals, by comprehensive qualification or professional design qualification of chemical, petrochemical and chemical and petrochemical industries 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 new dangerous chemical production processes must be developed in laboratory, pilot, and industrial production was gradually enlarged on the basis of industrial test; the first time using a chemical process, must go through the provincial relevant departments of safety and reliability demonstration;

    (C) involving hazardous chemical processes, key regulatory device of automatic control system of dangerous chemicals involving hazardous chemical process of installing emergency stopping systems in large chemical plant; involving inflammable, explosive, toxic or harmful gas chemicals site installation of flammable, toxic or harmful medium leakage alerts and other security facilities;

    (D) separated production and non-production zone sets, and in accordance with the provisions of the national standard or industry standard distances;

    (E) dangerous chemical production and storage facilities, and between them and building (structure) distances between the buildings comply with the relevant provisions of the standards.

    Equipment, facilities and building on the same plant (structure) arrangement must apply the same standards of provision.

    Tenth Enterprise shall have appropriate facilities for protection against occupational hazards, and equipped in line with national standards or trade standards practitioners of labor protection articles.

    11th Enterprise shall, in accordance with the identification of major dangerous source of hazardous chemicals (GB18218), on the production, Stockpiling and use of equipment, facilities or premises for major hazard installation identification.

    Identified for the production of major hazard installations and storage facilities should be the implementation of the provisional regulations on supervision and management of major hazard of dangerous chemicals. 12th Enterprise shall set up safety management organization, staffed with full-time safety Manager.

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

    13th enterprises shall establish staff responsibility system for production safety, each employee's safety responsibilities and duties, the job match.

    14th Enterprise shall, in accordance with practice, installations, facilities and other chemical technology, developed the following major 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 prevention, leakage prevention management system;

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

    (14) the fire into the confined space, lifting, high places, blind blocking, 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.

    15th Enterprise shall, according to the production of dangerous chemicals, technologies, equipment, raw materials, product features and risk safety regulations for the preparation of the operation.

    16th enterprise directors, in charge of security and Safety Manager must have its engaged in production and business activities of the knowledge and management capacity, safety training according to law and passing the examination, obtain safety qualification certificates.

    Companies in charge of security, in charge of the production Director, in charge of the technical person in charge should have definite chemical expertise or relevant professional qualifications, full-time safety Manager should possess the education of chemical classes (or safety engineering) degree or chemical classes of secondary vocational education mid-level professional titles, or safety of dangerous goods class registered safety engineer qualification.

    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.

    Employees other than the diyi、er、sankuan of this article shall, in accordance with relevant regulations of the State, through safety education and training.

    17th Enterprise shall, in accordance with the provisions of the State, costs associated with the production, and the funding needed to ensure the safety of production.

    18th Enterprise shall participate in work-related injury insurance, and pay insurance premiums for employees.

    19th Enterprise 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.

    20th Enterprise shall be registered in accordance with hazardous chemicals, provide users with a chemical safety data sheet, and packaging of hazardous chemicals (including packaging) paste or tied on hanging and packaging different hazardous chemicals in chemical safety labels.

    Emergency management of 21st Enterprise shall meet the following requirements:

    (A) in accordance with the relevant provisions of the State preparing hazardous chemical accident emergency plan and report to the relevant departments for the record;
(B) establishing emergency rescue organizations or specific emergency rescue workers, equipped with the necessary emergency and first-aid equipment, facilities, and regular exercise.

    Production, Stockpiling and use of chlorine, ammonia, phosgene, inhalation of poisonous gases such as hydrogen sulfide enterprises, 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).

    22nd the safety conditions of the enterprise except in accordance with the provisions of this chapter shall also comply with the relevant laws, administrative regulations and other safety conditions stipulated by national or industrial standards

    Chapter III application for safe production license

    Article 23rd and its direct holdings of Central enterprises involving dangerous chemicals production company (Headquarters) to the safety production permits from the State administration of work safety.

    Enterprises other than those provided for in the first paragraph of this article to the provincial production safety supervision and management departments or its commissioned work safety supervision and management departments to apply for safety production license.

    24th new enterprise safety in production permit application should be completed in dangerous chemicals production safety facilities of construction projects made within 10 working days after acceptance.

    25th enterprises when they apply for safety production license, shall submit the following documents and materials, and be responsible for the authenticity of its contents:

    (A) application for safe production license file and application;

    (B) the safe production responsibility system files, list of safety regulations, safety regulations for the operation;

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

    (D) the directors, in charge of safety for directors, safety-control personnel and special operations personnel security certificate or special operations license copies;

    (E) costs associated with the production and use of reports, submit to the new security-related production cost of extraction and use of documents;

    (F) documentation of pay industrial injury insurance premiums for the employees thereof;

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

    (H) copies of the certificate of registration of hazardous chemicals;

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

    (J) safety evaluation report issued by the qualified intermediary;

    (11) copies of the complete acceptance of the new enterprise;

    (12) emergency rescue organization or first responders, and emergency and first-aid equipment, facilities inventory.

    And its direct holdings of Central enterprises involving dangerous chemicals production company (Headquarters), subject to the first paragraph of this article copy certificates of special operations in the fourth and eighth, tenth, 11th files, other than the provision of information.

    Of major dangerous source of hazardous chemicals enterprises, in addition to documents submitted to the first paragraph of this article, information, should also provide emergency response plan for major hazard installation and their filing documents and materials.

    The fourth chapter safety production license issued

    Article 26th after the implementation of enterprise application documents and information received, should be made according to the following circumstances:

    (A) the application does not need to obtain safety licenses by law, inform the company immediately was inadmissible;

    (B) the application does not belong to this organ areas of responsibility in accordance with law, rates make the inadmissibility decision and inform the enterprise applied to the corresponding implementation bodies;

    (C) application errors that can be corrected on the spot, allowing companies to be corrected on the spot, and the admissibility of the application;

    (D) the application materials are incomplete or not in compliance with the statutory form, inform on the spot or within 5 working days to issue a correction notice, inform all enterprises need to supplement content; fails to inform the, shall be accepted as of the date of receipt of the application materials;

    (E) enterprise application materials are complete and comply with the statutory format, or in accordance with the implementing agencies required to submit all the correct materials, immediately accepted his application.

    Organ to accept or not to accept an application for administrative license shall seal and date the certificate with the organ-specific written confirmation. 27th safety production license after the application is accepted, the implementation authority shall organize the review of the application documents and materials submitted. On the substance of the documents and materials submitted by the enterprise, the question needs to on-site verification, shall assign the staff about on-site verification.

    Staff shall the on-site verification opinion. 28th organ shall, within 45 working days of the acceptance decision whether or not to grant permission.

    Time required for review during an on-site verification were not included in the provisions of this article within the time limit.

    29th article implementation of the decisions of the authorities to grant permission shall, within 10 working days from the date of the determination issuing safety licenses.

    Implementation of the decisions of the authorities not to permit, and shall, within 10 working days to inform the company in writing and state the reasons.

    Article 30th in safe production license, change the primary owner, business name or registered address, from the industrial and commercial business license or affiliation change implementation authority, within 10 working days from the date of application, and submit the following documents and information:

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

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

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

    Has accepted the application for revision organ shall submit documents and information is correct, the party can apply for safety production license change procedures.

    Enterprise safety production license, change affiliations, implemented affiliation change are required to prove the material only record. 31st enterprise safety production license validity period, added the production of original products or changes in technology have a significant influence on the safety production of enterprises, the production equipment or technology should be 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 organ, safety evaluation report submitted.

    Organ changes formalities in accordance with the provisions of the present article 30th. Article 32nd enterprises during the period of safety production license, hazardous chemical, renovation or expansion project (hereinafter referred to as the construction project), it shall be in safety facilities of construction projects within 10 working days from the date of acceptance of change application to the original organ, and submit the security facilities of construction project completion acceptance and related documents and materials.

    Organ in accordance with the present article 27th, 28th and 29th of regulations change. Article 33rd safety license is valid for 3 years.

    Enterprise safety in production continue to produce hazardous chemicals after the expiry date of the licence, should be in safe production licence before the expiry of 3 months extension request, and submit an extension application and the application documents and information provided for in article 25th of this approach.

    Organ in accordance with the present article 26th, 27th, 28th, 29th, review of the provisions and make a decision whether or not to grant an extension.

    34th enterprise safety production license validity period, meets the following conditions, at the expiration of its safety production license, the original implementation of the agreement of the authorities, not the 25th article dier、Qi、BA、Shi、shi provision of documents and materials, directly go through formalities for extension:

    (A) strict compliance with safety-related laws and regulations and these rules;

    (B) access to safe production license, strengthen day-to-day administration of production safety, not reduce safety conditions, and achieve standardization in safety production level more than two;

    (C) no fatalities occurred.

    35th safety licenses are divided into regular, replica, for hanging the originals, copies folded, and duplicate copies of the same legal effect. Organ in safety production permit, should be, copy specified number, business name, principal responsible, registered address, type, scope, period of validity, issuing authority, date of issue and other content.

    Among them, the original "permitted" should be marked "dangerous chemical", copy "allows" shall include the production of establishment address and corresponding specific varieties, production capacity. Safety production license, the starting date of the day for the organ to make licensing decisions, three years after the due date as the start date to the day before the same date.

    Changes within the validity period, the start date and due date does not change, set forth the change date.

    Article 36th enterprises may not rent, lend, sell or otherwise transfer its safety production license, or fraudulently obtain safety licenses, using forged safety production license.

    Supervision and administration of the fifth chapter

    37th organ should adhere to the principles of openness, fairness and justice, in accordance with these measures and provisions of laws and regulations concerning work safety administrative licensing, issuing safety licenses.

    Organ work in safe production licensing, supervision and management of staff shall not solicit or accept corporate property, and shall not seek other illegal benefits.

    Article 38th organ shall strengthen the supervision and management of safety production license, establish and improve the safe production license management system.

    39th under any of the following circumstances, the implementation authorities shall withdraw the safety production license has been issued:

    (A) beyond the terms of reference of the safety production permits issued;

    (B) violations of the program awarded safety production license as provided herein;

    (C) by fraud, bribery or other improper means to obtain safety licenses.

    40th enterprises to obtain safety licenses after any of the following circumstances, implementing authority shall cancel its safety production license:

    (A) the safety production license had not been approving an extension of the expiry;

    (B) to end the production of hazardous chemicals;

    (C) the safety production license was revoked;
(D) the safety production license was revoked.

    After a production safety license cancellation, organ in local major news media or issue a public notice on the Authority's Web site, and inform the local people's Governments above the county level and production safety supervision and management departments.

    41st provincial production safety supervision and management departments should be before January 15 of each year, within their respective administrative regions on annual safety licenses issued and management reported that the State administration of work safety.

    State production safety supervision administration, the provincial work safety supervision and management departments should regularly publicize the enterprise safety production license, subject to public supervision.

    The sixth chapter legal liability

    42nd organ staff has any of the following acts, demotion or removal from Office of the disciplinary actions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) does not meet the requirements of chapter II of this approach the conditions for safe production enterprise safety production permits issued;

    (B) found that failing to obtain safety licenses without hazardous chemicals production activities, not dealt with according to law;

    (C) the discovery enterprise of safety production License no longer meets the requirements of chapter II of this approach work safety conditions, are not dealt with according to law;

    (D) after receiving the reports of violations of these rules, not timely dealt with according to law;

    (E) in the management of safe production licensing and supervision, ask for or accept the company's property, or seeking other illegal benefits.

    Article 43rd enterprise safety production license and found it did not have the conditions for safe production as provided herein, withholding its safety production license according to law more than 1 month less than 6 months; temporarily expire still does not have the conditions for safe production as provided herein, revoked its safety production license.

    44th Enterprise leasing, lending or other forms of transfer of safety production license, confiscate the illegal income, fines of between 100,000 yuan and 500,000 yuan, and revoked a safe production license constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 45th enterprises, one of the following circumstances shall be ordered to stop production of dangerous chemicals, illegal income shall be confiscated, and a fine of less than 100,000 yuan and 500,000 yuan constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) without safety production license, the unauthorized production of hazardous chemicals;

    (B) accept the transfer of safety production license;

    (C) the fraudulent use or use forged safety production license.

    Article 46th enterprise safety production licence expires without renewal, continued production, shall be ordered to stop production, made the deadline extension, confiscate the illegal gains and fines of between 50,000 yuan and 100,000 yuan limit; still go through formalities for extension, to continue production, in accordance with the provisions of the present article 45th for punishment.

    47th enterprise safety production license, the main owner, business name, registered address, affiliation changes or new products, changes in technology have a significant impact on safety, in accordance with the time limits stipulated in this article 30th safety production license request, ordered to apply fines of between 10,000 yuan and 30,000 yuan.

    48th enterprises during the period of safety production license, hazardous chemical safety facilities of construction projects after acceptance, not in accordance with the time limits stipulated in this article 32nd safe production license request and put into operation without authorization shall be ordered to stop production deadlines for applications, confiscate the illegal gains and fines of between 10,000 yuan and 30,000 yuan.

    49th found to hide relevant information or provides false information to apply for safety production license, the implementation of safety permit from the authorities not to accept or not, and give a warning and allowed to re-apply within 1 year of the enterprise safety production license.

    Enterprise fraud, bribery or other improper means to obtain safety licenses, from organ to withdraw within 3 years from the date of its safety production license, the enterprise may not apply again for a safety license.

    50th safety assessment bodies for the purposes of any of the following circumstances, given a warning and a fine of up to 10,000 yuan in serious cases, suspension of qualification for half a year, 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. 51st article bear security evaluation, and detection, and test 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,

    Directly responsible to the charge and the other persons of between 50,000 yuan and 5,000 yuan fine cause harm 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, its illegal to inform the relevant departments. Administrative penalties stipulated in article 52nd this way, by the State administration of work safety, the provincial production safety supervision and management departments.

    Provincial work safety supervision and management departments may appoint a district municipal or County work safety supervision and management departments.

    The seventh chapter by-laws 53rd purity chemical purification of low to high purity chemicals and procedures apply.

    Buy a packaging of hazardous chemicals (including filling) or join a non-hazardous chemical solvents and diluting it, and then sell or use of, these procedures do not apply.

    54th the following terms shall have the meanings herein:

    (A) the list of hazardous chemicals, is the State administration of production safety supervision and administration, in conjunction with the State Department of industry and information technology, public security, environmental protection, health, quality supervision, inspection and quarantine, transport, railways, civil aviation and agriculture departments, published in accordance with the regulations on the safety management of dangerous chemicals list of hazardous chemicals.

    (B) intermediate goods, means in order to meet the needs of production, the production of one or more products as a raw material for the next production process involved in chemical reactions.

    (C) the workplace, refers to any job in China may cause exposure to dangerous chemicals activities, including the production of hazardous chemicals, operation, disposal, storage, handling, and other places.

    55th safe production license uniformly printed by the State administration of work safety.

    The availability of dangerous chemical safety instruments, safety production license of the format, content and numbering approach shall be separately prescribed by the State administration of work safety.

    56th the provincial production safety supervision and management departments according to the actual situation on the ground rules for the management of safety production license issued and submitted to the State administration of work safety record. 57th these measures come into force December 1, 2011. The State administration of work safety (State administration of coal mine safety supervision Bureau) released on May 17, 2004, the dangerous chemical production enterprise safety production license, implement procedures abolished at the same time.