Hubei Province, Hazardous Chemical Safety Management 

Original Language Title: 湖北省危险化学品安全管理办法 

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399294.shtml

Safety management of dangerous chemicals in Hubei Province (August 26, 2013 provinces Executive meeting of the people's Government of Hubei Province people's Government order No. 364, released September 9, 2013 November 1, 2013) Chapter I General provisions article in order to strengthen safety management of dangerous chemicals, prevention and reduction of hazardous chemical accidents, protect people's lives and property safety, protection of the environment, in accordance with the People's Republic of China Law on production safety, the safety management of dangerous chemicals Ordinance, the 

    Hubei provincial safety regulations and other laws and regulations, combined with the facts of the province, these measures are formulated. 

    Article II dangerous chemicals within the administrative area of the province production, Stockpiling, use, management and transport safety management, these measures shall apply. 

    Article III safety management of dangerous chemicals shall adhere to safety first, prevention first and comprehensive treatment approach, establishing and perfecting the unified leadership, government departments according to law regulation, corporate responsibility, oversight mechanisms for social participation, strengthening and implementation of corporate responsibility. 

Fourth people's Governments above the county level shall strengthen leadership in safety management of dangerous chemicals, develop and organize the implementation of dangerous chemical safety in development planning, of dangerous chemical safety established annual targets. 

    Safety management of dangerous chemicals for government administrative head responsibility system, people's Government in charge of hazardous chemical safety management responsibility. 

    Fifth people's Governments above the county level shall be safety supervision and management of dangerous chemicals as important elements of the target responsibility system of production safety annual assessment, responsibility for the implementation of safety supervision and management of dangerous chemicals unit and individual executive accountability. 

Sixth people's Governments above the county level shall establish joint safety supervision and management system of dangerous chemicals, supporting and supervising the production of hazardous chemicals, storage, use, management, transport safety supervision and management departments (hereinafter called departments responsible for the supervision and management of dangerous chemical safety) to perform their duties, coordinate and solve major problems existed in safety management of dangerous chemicals. 

    Township people's Government, the subdistrict office hazardous chemical safety publicity and education should be strengthened to assist the departments responsible for the supervision and management of dangerous chemical safety supervision and administration. Seventh article has dangerous chemicals security supervision management duties of sector in accordance with following provides perform duties: (a) safety supervision management sector is responsible for dangerous chemicals security supervision management integrated work, on new, and alterations, and expansion production, and store dangerous chemicals (including using long lost pipeline conveying dangerous chemicals) of construction project (following referred to dangerous chemicals construction project) for security conditions review, issued dangerous chemicals security production license, and dangerous chemicals security using license and dangerous chemicals business license 

And is responsible for the registration of hazardous chemical accident investigation work and organization. (B) the public security organs of public security management for hazardous chemicals, toxic chemicals purchase permits, issued by highly toxic chemicals road transport permits and is responsible for road traffic safety management of dangerous chemical transportation vehicle. 

Public security fire control institutions shall, on the production, Stockpiling, use, management and transport of hazardous chemicals unit (hereinafter referred to as hazardous chemical units) to conduct supervision and inspection of compliance with fire safety laws and regulations. (C) the quality supervision, inspection and quarantine departments are responsible for the issuance and its packaging, containers of hazardous chemicals (not including fixed storage tank of storage of hazardous chemicals, the same below) production enterprises industrial product manufacturing license and shall exercise supervision over the quality of their products, is responsible for the inspection of import and export of dangerous chemicals and packaging implementation. 

Special equipment inspection bodies involved shall be in accordance with the dangerous chemicals unit of special equipment inspection, and shall be liable on their inspection results, conclusions. 

(Four) environmental protection competent sector according to environmental protection Department announced of focus environment management dangerous chemicals directory on focus environment management dangerous chemicals production, and using enterprise carried out focus environment management dangerous chemicals environment risk assessment, is responsible for dangerous chemicals environment management registration and new chemical material environment management registration; in accordance with duties Division survey related dangerous chemicals pollution accident and ecological damage event, is responsible for dangerous chemicals accident site of emergency environment monitoring. (E) the transportation sector is responsible for dangerous chemicals road transport, sea transport permit and transportation safety management, waterway transportation safety supervision of dangerous chemicals, responsible for driving enterprises of dangerous chemicals road transport, sea transport enterprise staff, crew management, handling personnel, escorts, declarer, container loading scene examiner accreditation. Railway authorities are responsible for the safety management of railway transportation of dangerous chemicals, responsible for rail transport of hazardous chemicals carrier qualification approval, shippers and transportation security administration. 

Civil Aviation Authority is responsible for dangerous chemicals in air transport and air transport and transport safety management in enterprises. 

(Vi) health authorities responsible for the appraisal of the toxicity of hazardous chemicals management, is responsible for organizing and coordinating dangerous chemical accident injured medical relief work. 

(G) Administration for industry and commerce in accordance with the relevant departments of permits, issued by the transport of dangerous chemicals production, storage, management, business license, and hazardous chemical business illegal procurement of hazardous chemicals Act. 

    (H) the postal administration responsible for investigating materials hazardous chemicals Act. 

Eighth hazardous chemicals unit primarily responsible for the unit's overall responsibility for safety management of dangerous chemicals. Dangerous chemicals units should has legal, and administrative regulations provides and national standard, and industry standard requirements of security conditions, carried out safety standardization construction, established, and sound and implementation security management regulations and post security responsibility system; in accordance with about provides extraction, and using safety costs, ensure safety input, paid safety risk deposit or insured safety responsibility insurance; on practitioners for security education, and legal education and accident emergency training, and post technology training, on has qualification requirements of post 

Should be staffed with legally obtained the relevant qualification of the personnel. 

Hazardous chemicals should configure the appropriate facilities for protection against occupational hazards, and equipped in line with national standards or trade standards practitioners of labor protection articles. 

    Hazardous chemicals produced or imported hazardous chemicals listed in the catalog of dangerous chemicals shall be registered according to law. 

Nineth encourages dangerous chemicals unit helps to improve the security level of advanced technology, processes, equipment and automatic control system. 

Encourage research institutes on the dangerous chemicals of major hazards, hazardous chemical processes, disposal of hazardous chemical accidents, safety monitoring and safety technologies in the areas of research. 

    Encourage tertiary institutions, large enterprise groups set up a multilevel system of professional training in the field of hazardous chemicals. 

    Tenth people's Governments at or above the county level shall have made outstanding contributions to the work of safety management of dangerous chemicals units and individuals to be commended and rewarded. 

11th chapter production, Stockpiling and use of safety of dangerous chemicals production, Stockpiling, use overall planning, rational distribution, standardize management. 

    Provincial economic and information technology sectors, and other relevant departments according to their respective duties, is responsible for the production and storage of hazardous chemicals in the province planning and layout. 

    12th dangerous chemicals production unit shall apply to the production safety supervision and management departments safety production license. 

13th the use of hazardous chemicals unit, its conditions of use (including processing) shall comply with the laws and administrative regulations of the provisions and requirements of the national standards, industry standards, and based on the use of hazardous chemical species, hazardous properties as well as usage and usage patterns, and to establish and improve the safety management of dangerous chemicals regulations and safety procedures to ensure the safe use of hazardous chemicals. 

    Use hazardous chemicals in production and use of content reach the required number of chemical companies (except for the dangerous chemical production enterprise), shall obtain a hazardous chemical safety license. 14th dangerous chemical construction projects should be reviewed by the security production safety supervision and management departments. 

    Security review of conditions including security reviews, design review and acceptance of safety facilities. 15th construction projects shall make trial production of hazardous chemicals (used). 

    Trial production (used), as issued by the work safety supervision and management departments of production (used) for filing submissions to engage in production and business activities, trial production (used) the term shall be not less than 30 days and not more than 1 year. 

16th hazardous chemicals in the production, storage and use the unit should be set up with independent functions, separate production management and production scheduling, staffed with full-time safety Manager. Full-time safety Manager should be not less than 2% of the total number of business units, at least 2 people; a full-time safety manager shall obtain the qualification certificate in safety management of dangerous chemicals. 

    More than 500 employees of the production, storage and use of dangerous chemicals, not less than administration of production safety shall, in accordance with the ratio of 30% equipped with safety class of dangerous goods registered safety engineer or registered Assistant safety engineer of up to 500 employees, shall be at least class 1 dangerous goods safety certified safety engineer or a registered Assistant safety engineer. 

17th production, storage and use of dangerous chemicals unit directors, head of security, technical manager should have definite chemical expertise or have at least 3 years working experience in chemical industry, Bachelor degree or above with at least 1 of them has chemical, and hazardous chemical safety management certificate. 

    Dangerous chemical process operator should be trained, made special operations personnel qualification certificates. 
Article 18th unit of production, storage and use of dangerous chemicals in their workplaces, equipment and safety facilities set on obvious security warning sign major hazard sites of hazardous chemicals should be set for major hazard safety signs and hazardous material safety information cards.

    19th dangerous chemicals in the production, storage and use in public areas outside the plant underground, ground and aerial pipelines and their auxiliary facilities of hazardous chemicals should be set clearly marked, establishing and perfecting the patrol system, equipped with special daily patrol. 

    Security risks and areas, monitoring, monitoring should be carried out. 20th dangerous chemicals production, storage and use of its production and storage facilities related to key regulatory hazardous chemical processes, focused supervision of dangerous chemicals, major hazards, should be introduced for automatic control, automatic chain, automatic alarm, for temperature, pressure, level, flow, and other important parameters of information acquisition and remote transmission of uninterrupted. 

Large chemical plant in service shall be fitted with emergency stop system. 

    Involving flammable and explosive places, toxic gases should be installation of gas leakage monitoring and alarm device, equipped with at least 2 sets of the above closed protective clothing constitute a major hazard, shall establish a gas protection (Group). 21st dangerous chemicals production, Stockpiling and use of units shall, in accordance with relevant State regulations and technical standards, safety of workplaces set the appropriate facilities, equipment, and carry out regular maintenance, repairs, safety facilities, equipment to ensure normal use; regular inspection on safety facilities, equipment. 

    Inspection bodies should be responsible for test results. 

    22nd dangerous chemicals production, Stockpiling and use of unit should be entrusted with the national qualifications authority, the safety conditions of the units conducted a security assessment every 3 years involving petrochemicals, ammonia, sulphuric acid, toxic chemicals production unit, shall entrust the safety evaluation institution with qualification evaluation. 

    23rd hazardous chemicals unit engaged in lifting, welding, ground-breaking, circuit breakers, high service, equipment maintenance, blind blocking, confined spaces and other dangerous operations, shall strictly abide by the regulations of the State work safety norms. Chapter safety article 24th handling dangerous chemicals business through a licensing system. Hazardous chemicals business unit shall register for the enterprise. 

    Without permission, no unit or individual may engage in dangerous chemicals. 25th article set district of city level government safety supervision management sector is responsible for following units of business license approval, and issued: (a) business toxic chemicals, and easy business burst dangerous chemicals of; (ii) business gasoline gas station of; (three) specifically engaged in dangerous chemicals warehouse business of; (four) engaged in dangerous chemicals business activities of central enterprise belongs provincial, and set district of city level company (branch); (five) with store facilities business except toxic chemicals, and 

Easy to produce explosive hazardous chemicals other than dangerous chemicals. 

    Engaging in other dangerous chemicals business unit shall apply to the people's Governments at the County work safety supervision and management departments, legally obtained business licenses. 26th dangerous chemicals production unit in its sales of the unit's dangerous chemicals within the plant, without operating licenses for handling dangerous chemicals. 

    Sale of the production of dangerous chemicals or off-site sales point, should go through the operating permit for hazardous chemicals. 

27th people's Governments above the county level should according to the actual situation of the region, scientific planning and actively promote the construction of centralized trading market of dangerous chemicals. 

    Management of highly toxic chemicals (except belongs to the highly toxic chemical pesticides) and explosive hazardous chemicals, spontaneous combustion of combustible gases, toxic gases, liquids, spontaneous combustion of solid, in contact with water, emit flammable gases and other dangerous chemicals (excluding petrol filling stations) should be into the centralized trading market. 

28th station barrier should be used in densely populated areas of urban population explosion-proof technology. 

    Special vehicles for transportation of refined oil products and gradually promote the use of explosion-proof barrier technology. 

    29th method should also be in accordance with the dangerous chemicals business unit articles 17th, 18th and 19th of the rules, storage facilities and pose a major hazard should also be subject to this article 14th, 20th, 21st, 22nd, 23rd provision. 

    The fourth chapter 30th transport safety transport of dangerous chemicals unit should be staffed with full-time security managers, law apply to departments of transportation of dangerous goods road transport licensing, licensing of water transport of dangerous goods. 

Article 31st of dangerous chemical transportation vehicle shall conform to the national standard safety specifications, installed a drive recorder function of satellite positioning device, equipped with effective communications tools and safety supplies, fire fighting facilities. 

    Ships shall comply with the requirements of the national standard of water transport of dangerous chemicals safe technical requirements, installation using a drive recorder function of satellite positioning devices and bumper automatic identification system, equipped with effective communications tools and water escape, safety products, fire fighting facilities. 

    32nd transportation of dangerous chemicals unit, through satellite positioning system of dangerous chemicals transportation vehicles, ships to monitor the whole process. 

33rd production, Stockpiling, use and management of dangerous chemicals unit with storage facilities should be set up in the handling of dangerous chemicals private car park or parking space, and set up warning signs. Dangerous chemical production and business units shall establish and implement delivery and loading inspection system, in the identification of carriers before carrying hazardous chemicals unit vehicle qualification certificates, drivers and escorts qualification documents, inspection of vehicles and tanks, hazardous chemical warning lights and signs in good condition. 

    Never overload, mixed loads. 34th dangerous chemicals road transport driver of a vehicle shall comply with the road traffic safety and road transport laws and regulations. 

    Escorts should be onboard the unit's business license, the transport of dangerous goods qualification, hazardous chemical transportation vehicle inspection certificate and a valid certificate and a copy of the unit, shipping company name and contact person, contact information, and other materials, escorts and transportation of highly toxic chemicals should be vehicles carrying toxic chemicals road transport permits. 35th without approval of the public security organs, vehicles carrying dangerous chemicals shall not enter dangerous chemical transport vehicle traffic restricted zone. 

    Restrictions on movement of dangerous chemicals transportation vehicles drawn by the people's Governments at the county level public security organs and obvious flag is set. 36th article carrying flammable, and easy burst, and toxic, and radioactive, dangerous chemicals of vehicles, should meet national about security management provides, and avoid through special large highway bridge or specialist highway tunnel; does needed through special large highway bridge or specialist highway tunnel of, is responsible for approval flammable, and easy burst, and toxic, and radioactive, dangerous chemicals transport license of organ should ahead of will driving time, and route notification special large highway bridge or specialist highway tunnel of management units, 

    And in large highway bridges or vehicles on long highway tunnel site supervision. 

Safety of dangerous chemicals in the fifth chapter Park 37th people's Governments above the county level shall organize the preparation of urban and rural planning should be based on the actual situation of the region, in accordance with unified planning, rational distribution, strict admission, principles that ensure security, planning appropriate area devoted to the production and storage of hazardous chemicals (hereinafter referred to as hazardous chemical Park). 

    Dangerous chemicals around the park security protection zone shall conform to the relevant regulations of the State. 

Article 38th of dangerous chemical Park prior to the establishment of overall security risk assessment should be carried out, has been built in a park of hazardous chemicals should be rotated every 5 years for an overall security risk evaluation. 

Not complying with the provisions of the preceding paragraph are overall security risk assessment of hazardous chemicals within the Park shall not new construction, reconstruction or expansion of the hazardous chemicals project. 

    Overall security risk assessment should have the qualification of safety evaluation agencies, scientific evaluation of the hazardous chemical Park security risk, approved security capacity, the implementation of total quantity control and reduce risk. 39th hazardous chemical construction projects should be in line with the national industry development policy, according to the environmental impact assessment and construction in the zone of dangerous chemicals. 

    Existing production and storage of hazardous chemicals is not in the zone of dangerous chemicals, not new construction, renovation and expansion projects, and should be moved into the park or dangerous chemicals production, the deadline closed. 

    40th hazardous chemical Park's construction should be based on the principle of ensuring production safety, improve water, electricity, steam, wind pipe, sewage treatment, public gallery, road transportation, emergency and first-aid facilities and other supporting utilities and security facilities, infrastructure, public facilities and professional sharing of security facilities. 

    Layout of the units of the 41st dangerous chemicals within the Park should meet the requirements of safety distances, and considering the prevailing wind direction, ground level drop, unit device interaction, product categories, production processes, material exchange, public security, emergency relief and other factors, reasonable arrangement of functional zoning. 

    42nd people's Governments above the county level shall strengthen safety production standardization dangerous chemicals park construction and safety management in institution-building, policy, financial and other support. 

    43rd zone of dangerous chemicals shall establish and improve safety monitoring, troubleshooting, risk assessment, emergency response systems, construction of integrated safety management platform in the Park, regularly within the Park and surrounding communities, villages and towns such as safety risk disclosure and early warning and forecasting. 

Sixth chapter supervision and emergency rescue article 44th of dangerous chemical safety supervision and management departments should strengthen collaboration and organize regular security checks of dangerous chemicals, troubleshoot and manage accidents in a timely manner, in accordance with the dangerous chemicals unit safety in production main body responsibility of the supervision. 

    Found by the inspection does not have the conditions for safe production of dangerous chemicals production, storage, use, operating units, the production safety supervision and Administration Department shall order rectification; failed to pass the reform, administrative licences revoked and drew attention to the place where the people's Governments above the county level shall be closed. 
Article 45th departments responsible for the supervision and management of dangerous chemicals shall supervise and check, you can take the following measures: (a) to enter workplaces to conduct inspections of hazardous chemicals, to units and personnel to understand the situation, check out, copy, file, data, (ii) detect dangerous chemical accident risks shall be ordered to immediately remove or eliminate the time limit;

(Three) on not meet legal, and regulations, and regulations provides or national standards, and industry standard requirements of facilities, and equipment, and device, and equipment, and transport tool, ordered immediately stop using; (four) by this sector main head approved, seized illegal production, and store, and using, and business dangerous chemicals of places, seized illegal production, and store, and using, and business, and transport of dangerous chemicals and for illegal production, and using, and transport dangerous chemicals of raw materials, and equipment, and transport tool; 

(E) offences affecting the safety of dangerous chemicals found, correction or rectification on the spot. 

    Departments responsible for the supervision and management of dangerous chemical safety law when conducting supervision and inspection, supervisory and inspective personnel shall be not less than 2, and shall show their certificates for law enforcement; the units and individuals on supervision and inspection in accordance with law, shall cooperate and shall not refuse or block. 

Article 46th departments responsible for the supervision and management of dangerous chemicals shall timely make mutual notification of safety management of dangerous chemicals and supervise and inspect the implementation of administrative licensing and other related information. 

    Electricity and water supply enterprises shall cooperate with the departments responsible for the supervision and management of dangerous chemicals, after receiving the notice not to do not have the conditions for safe production of dangerous chemicals production, Stockpiling, use and business units with the production and operation of electricity, water. 

    47th production safety supervision and management departments above the county level people's Governments shall, jointly with relevant departments, according to the actual situation of the region, development of hazardous chemical accident emergency rescue plan, the people's Governments at the corresponding level for approval. 

48th hazardous chemical Park, Park overall hazardous chemical accident emergency rescue plan should be established, and with the hazardous chemical accident emergency rescue plans in the area of cohesion, push units of the Park by parks master plan, develop the unit's emergency rescue plan. 

    Hazardous chemical parks should establish or consolidate Park hazardous chemical accident emergency rescue teams, reserve emergency aid, the implementation of unified command of emergency relief. 

49th hazardous chemicals unit hazardous chemical accident emergency rescue plan of the unit should be established, equipped with emergency rescue equipment, emergency rescue personnel and the necessary equipment, at least once every six months to organize an emergency rescue drills. 

    Hazardous chemical emergency plan of the unit the unit should be, report to the local district people's Government municipal work safety supervision and management departments of the record. 

    50th to hazardous chemical accidents, units in charge of the accident shall immediately in accordance with the dangerous chemicals emergency rescue, and to the local production safety supervision and management departments and environmental protection, public security and health departments report occur during road transport, sea transport of hazardous chemical accidents, driver, crew or escort personnel should also be reported to the Transportation Department where the accident occurred. 

    51st hazardous chemical accidents occur, the local people's Governments shall immediately organize safety supervision management, environmental protection, public security, public health, transportation, and other relevant departments, in accordance with the hazardous chemical accident emergency rescue plans in the region, without prevarication and the delay. 

    Seventh chapter legal liability article 52nd in violation of the rules, laws, regulations, rules of administrative penalty provisions have been made, from its provisions. 53rd article violation this approach provides, has following case one of of, by County above government safety supervision management sector ordered deadline corrected, can at 20,000 yuan following of fine; late not modified of, at 20,000 yuan above 50,000 yuan following of fine: (a) dangerous chemicals units not carried out safety standardization construction of; (ii) dangerous chemicals production, and store, and using units not by provides equipped with dangerous items security class registered security engineers or registered Assistant security engineers of; (three) dangerous chemicals production, and 

    Storage, use, business unit Chief, head of security, head of technology does not have the chemical expertise or experience in the chemical industry. 

    54th violates this article 20th, 28th, 33rd in the first paragraph of the rules, work safety supervision and management departments above the county level people's Government a rectification, and may be fined not more than 50,000 yuan; fails to change, fines of between 50,000 yuan and 100,000 yuan. 

    55th national staff in safety supervision of dangerous chemicals abuse of power, negligence, malpractice, and constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be subject to punishment. 

Eighth chapter supplementary articles article 56th hazardous chemicals in these measures refers to toxic, corrosive, explosive, combustion, combustion properties, and harm to human, facilities, environment toxic chemicals and other chemicals. 

Monitor chemicals, dangerous drugs and pesticides safe management of chemicals, in accordance with the provisions of that approach; otherwise stipulated by laws, administrative regulations, in accordance with its provisions. 

Explosives, Fireworks, radioactive substances, nuclear substances and the safety management of dangerous chemicals used for defense research and production, these procedures do not apply. 

Waste disposal of hazardous chemicals, in accordance with national and provincial environmental regulations. 

    Laws and regulations on gas safety management otherwise provides, in accordance with its provisions. 57th these measures come into force November 1, 2013. Province, the people's Government of Hubei Province, released on February 9, 1998, the chemical safety of dangerous goods regulation repealed simultaneously.