Administrative Provisions On Safety Testing And Inspection Bodies

Original Language Title: 安全生产检测检验机构管理规定

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(Released January 31, 2007 the State administration of work safety to 12th as of April 1, 2007) Chapter I General provisions article in order to strengthen the management of production safety inspection agency, standardized testing, according to the work safety Act and other relevant laws, administrative regulations, this provision is enacted.
    Second production safety inspection agency (hereinafter referred to as examination examination organization) and its inspection staff engaged in work safety inspection activities, as well as production safety supervision and management departments, the coal mine safety supervision of inspection bodies of the supervisory authorities, these provisions shall apply.
    Article Inspection Agency shall obtain the qualification of safety inspection (hereinafter referred to as inspection qualification) and qualification validity and inspection within the business scope approved by independent testing and inspection activities.
    Establishment inspection should make full use of social resources, overall planning, rational distribution, optimizing the structure, the right amount, and avoid disorderly competition.
    Article fourth detection examination qualification is divided into grade a and grade b.
    Achieved qualification testing and inspection agencies at the national industrial production and business operation entities engaged in commerce involving production safety facilities (except for special equipment) and the type testing of the product, safety sign inspection, inspection, supervision and monitoring tests, workplace safety and accident analysis of physical evidence, such as business.
    Achieved qualification testing institutions in the province, autonomous region, municipality directly under the mining business in production and business operation entities involving production safety facilities (except for special equipment) using inspection, supervision and monitoring inspection and workplace safety accidents and major incidents following physical evidence analysis and inspection services.
    List of safety inspection by the State administration of work safety (hereinafter referred to as the Security Administration) formulated and published.
    Article fifth State administration of work safety guidance, coordination, supervision and national work safety inspection and quality management of testing bodies responsible for class-a qualification of inspection bodies and inspection.
    Safety supervision and management departments of provinces, autonomous regions and municipalities direct, coordinate and supervise the work safety inspection within the administrative area; responsible for the administration of Serie b in non-coal mines inspection agency accreditation and supervision and inspection.
    Provincial coal mine safety supervision organization guiding, coordinating, supervising coal mine safety inspection work within assigned area; b coal mine inspection body within the responsible regional qualification cognizance of supervision and inspection. Second chapter made qualification of conditions and program sixth article application detection test qualification of institutions should has following basic conditions: (a) has corporate qualification, can independent, and objective, and just to carried out detection test work; (ii) has and application business phase adapted of fixed work places, and detection test instrument, and equipment, and facilities and environment conditions, which detection test instrument, and equipment, and facilities original value class a not below 3 million Yuan, Serie b not below 1.5 million Yuan; (three) has and application business phase adapted of professional technicians. Class a institutions professional technicians not below preparation personnel total of 70%, which intermediate above technology titles, and registered security engineers and senior technology titles personnel respectively not below preparation personnel total of 40%, and 15% and 15%; serie b institutions professional technicians not below preparation personnel total of 60%, which intermediate above technology titles personnel and registered security engineers respectively not below preparation personnel total of 30% and 10%; (four) class a institutions presided over work of head, and technology head, and
    Quality head has and application business phase adapted of senior technology titles, technology head has 5 years above and safety related of detection test work experience; serie b institutions presided over work of head, and technology head, and quality head has and application business phase adapted of intermediate above technology titles or registered security engineers qualification, technology head has 3 years above and safety related of detection test work experience; (five) has meet qualification finds guidelines requirements of management system, and has effective run 3 months above;
    (Six) class a institutions requirements has made national focus laboratory or with grade other detection test institutions qualification, or has made serie b detection test qualification 3 years above; serie b institutions requirements to detection test for main business, and engaged in and safety related of detection test work 3 years above; (seven) has normal carried out business by needed of funds or funding guarantees, registered funds class a not below 3 million Yuan, Serie b not below 1.5 million Yuan; (eight) legal, and administrative regulations provides of other conditions.
    Seventh article application made detection test qualification, according to following program handle: (a) application class a qualification of institutions to security regulatory General submitted applications and the related information; application serie b qualification of institutions to location provincial safety supervision management sector or provincial coal mine security monitored institutions submitted applications and the related information; (ii) qualification accepted organ in received application information Hou 5 a days within completed on application information of meet sex review work, and will review results one-time told application institutions; (Three) qualification accepted organ since application information review qualified of day up 20 a days within arrangements review experts on application institutions for site review, review experts according to qualification finds review guidelines for technology review and submitted qualification review report; (four) qualification accepted organ in received qualification review report of day up 20 a days within, according to qualification review report completed on application institutions of qualification finds work. Be found, issuing qualification certificates; not found, notify the applicant in writing and state the reasons.
    Intelligence Agency qualification before a decision is made, not later than 10th the first publicity.
    Inspection accreditation standards established by the State administration of work safety.
    Article eighth review experts State administration of work safety, and designated technical service institutions to assume professional and technical audits.
    Evaluation experts to review the results. Nineth inspection certificate is valid for 3 years. Qualification needs to extend the expiration of detecting qualification expires 6 months ago inspection body shall submit a renewal application. Recertification examination and approval procedures in accordance with the provisions of article seventh and relevant regulations of the State administration of work safety.
    Replacement work should be completed by the institution qualification expires. During the period of qualification needs to increase inspection projects and inspection institutions should make increased application. Increase approval procedures in accordance with the provisions of article seventh and relevant regulations of the State administration of work safety.
    Extension and can be merged with the regular supervision and evaluation.
    During the period of qualification, according to the standard, the main person in charge, authorized signatory and authorized signature matters, institution name, address, legal representative, affiliations, such as the situation changed and reduced test projects, inspection bodies shall be reported in a timely manner after the change in change of certificate issuing authorities for confirmation or filing procedures. Tenth certificate issuing authorities to announce the qualification testing and inspection bodies and the testing business, signature of authorized signatory and authorization matters.
    B approval documents of the institutions should be reported to State administration of work safety record.
    Testing qualification certificate produced by the State administration of work safety, qualification certificate by the certificate and its annexes.
    Chapter III inspection section 11th inspection body shall, in accordance with laws, administrative regulations, rules, standards and related technical specifications, standards of practice, science, justice, integrity inspection work to provide timely, high quality and safe services, ensure real, accurate and objective test results and test results. Inspection personnel should be familiar with the safety laws, regulations, rules, standards and regulations, inspection required expertise and capacities, through professional training and assessment, and should only be engaged in inspection work in an inspection body.
    Failed to pass the inspection personnel without training or examination and shall not engage in work safety inspection.
    12th inspection bodies and inspection personnel in inspection activities shall abide by professional ethics, honesty and trustworthiness shall not disclose Inspection Unit technology, trade secrets and shall not accept funding fairness may affect the test, shall not engage in testing the scope of business-related product development and marketing activities, and may make use of inspection agencies participating in commercial activities on behalf of.
    Inspection fees shall conform to the provisions of laws and administrative regulations.
    13th inspection inspection bodies shall not be transferred or lent qualification certificate, inspection work they have undertaken may not be subcontracted to other inspection agencies, may establish branches.
    Examination examination organization need individual inspection item, you must select a qualified testing agency, and is responsible for testing the end result.
    Article 14th inspection bodies shall be subject to supervision and inspection personnel management or supervision of the coal mine safety supervision inspection.
    Inspection bodies in other industrial and commercial registration of provinces, autonomous regions and municipalities engaged in inspection activities, the local production safety supervision and management departments or the coal mine safety supervision organization has the right to the supervision and management of its activities.
    15th found clearance of equipment, products, major accident hazards in the work environment, test and inspection bodies must immediately inform the test client, and work safety supervision and management departments in a timely manner or the coal mine safety supervision Organization report, not withholding the report, report deceitfully or delay the report. Supervision and administration of the fourth chapter 16th during the period of inspection qualification, shall accept certificates issued by a testing agency organization of regular and periodic supervision and evaluation or inspection.
    Provincial certificate issuing authority supervision and evaluation of the results should be reported to State administration of work safety. State administration of work safety to category b institutions not periodic supervision and evaluation or inspection.
    After commissioning the provincial production safety supervision and management departments or the coal mine safety supervision organization to supervise and inspect the class a agencies within their respective administrative areas. 17th inspection bodies should qualification certification in January each year to the mouthpiece up to the year of work and work plan for the current year; b institutions work and work plan by the provincial work safety supervision and management departments or copied after the coal mine safety supervision organization summary State administration of work safety.

    18th examination examination organization has any of the following circumstances, issued by a certificate authority to remove his inspection qualification: (a) expiry date of the certificate fails to apply for replacement or unauthorized cards (ii) Agency shall terminate, and (iii) qualification is revoked according to law; (d) to be found qualified in other circumstances.
    Cancelled qualifications body shall decide on cancellation of their qualification within 7th day of qualification certificates and seals returned to the certificate issuing authority, and shall not be continued under the name examination examination organization engaged in related business activities. 19th of production safety supervision and administration departments, the staff of the coal mine safety supervision organization shall not interfere with the normal activity of the inspection bodies and shall not for any reason or to charge fees inspection fees or disguised. Except as otherwise provided, shall not force production and business operation entities receive the specified inspection work of the inspection bodies.
    Inspection qualification management in abuse of power, negligence, malpractice, given administrative sanctions in accordance with the Regulations constitutes a crime, criminal responsibility shall be investigated according to law.
    Any units and individuals in violation of the provisions of the Act are entitled to production safety supervision and management departments, the coal mine safety supervision Organization report, work safety supervision and management departments, the coal mine safety supervision organization shall carefully verify, process, and the informer confidential.
    Examination examination Organization relating to production safety supervision and management departments, the decision dealing with the coal mine safety supervision organization has the right to appeal.
    Fifth chapter 20th inspection bodies for the purposes of penalties without qualification or forged qualification certificates in safety testing and inspection activities, or the expiry date of the certificate is not approved of recertification continue to safety testing and inspection activities, fines of between 10,000 yuan and 30,000 yuan. 21st article detection test institutions or detection test personnel forged detection test results, issued false proved, constitute crime of, law 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 five 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 the production and business operation entities shall bear joint liability.
    For organizations where there are violations of the preceding paragraph, revocation of their inspection qualifications.
    22nd inspection bodies in monitoring or failed to pass the inspection and rectification are serious, 3-6 months to suspend inspection and rectification; still unqualified after corrective action or supervision and evaluation failed twice in succession, revocation of their inspection qualifications.
    Article 23rd qualifications validity period beyond the approved testing agencies testing and inspection of business safety inspection activities, ordered to stop the above inspection, fines of between 5,000 yuan and 20,000 yuan; increased rather than go through the procedures continue beyond testing, revocation of their inspection qualifications.
    Article 24th qualification inspection agencies should confirm that such changes are not made within the validity period, shall order rectification is still not corrected, continue to be engaged in inspection activities, 3-6 months to suspend inspection work late is still not corrected, revocation of their inspection qualifications.
    25th article detection test institutions has following case one of of, depending on plot weight, respectively be ordered corrected, and warning, and suspended 3-6 months detection test work, and revoked qualification of punishment; plot serious of, and at 5,000 yuan above 20,000 yuan following of fine: (a) detection test not strictly implementation related technology specification, and standard of; (ii) issued of detection test results errors, caused major above accident or major loss of; (three) detection test personnel without training, and assessment of;
    (Four) leaked was detection test units technology, and commercial secret of; (five) using detection test institutions of name participation enterprise of commercial activities, effect integrity and just of; (six) fraud cheat qualification certificate of; (seven) transfer or lending qualification certificate of; (eight) subcontracting detection test work of, points package to no qualification of institutions of, established branch institutions of; (nine) resistance rejection safety supervision management sector or coal mine security monitored institutions law for supervision management of;
    (10) do not report major accident hazards in a timely manner.
    26th of the 20th to be punished in accordance with this article, as well as revocation of qualification testing and inspection bodies, not applications or applications for inspection qualification again in three years. 27th administrative punishments provided for in these provisions, issued by a certificate authority.
    The punishment for class b body, reported to the State administration of work safety record; penalties for class a agencies, may appoint a provincial work safety department or the coal mine safety supervision agency.
    Sixth chapter schedule 28th article this provides following terms of meaning: safety detection test, is refers to according to safety method, related legal regulations, and regulations, provides, according to national about standard, and procedures, technology specification, on mining trade production business units effect practitioners security and health of facilities equipment, and products of security performance and job places exists of risk, for detection test, and issued has proved role of data and results of activities.
    Safety testing and inspection bodies, and refers to the State administration of work safety or the provincial production safety supervision and management departments, the coal mine safety supervision organization finds that for production safety supervision and management departments, the coal mine safety supervision organizations and mining business in the production business unit provides production detection test technical services of intermediary organizations.
    Safety inspection personnel is in the safety inspection of institutions engaged in inspection work full-time personnel.
    Article 29th with special expertise in foreign institutions and foreign institutions in applying for qualification of safety inspection, reference to the relevant provisions of this and other handled by the State administration of work safety. 30th article of the regulations come into force on April 1, 2007.
                                                                                                                            The State economic and Trade Commission, published in 2002, the coal mine safety inspection regulations repealed at the same time.

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