Approach Of The Guangxi Zhuang Autonomous Region, The Implementation Of The Safety Management Of Dangerous Chemicals Ordinance (Amended In 2013)

Original Language Title: 广西壮族自治区实施《危险化学品安全管理条例》办法(2013年修正本)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387182.shtml

Approach of the Guangxi Zhuang Autonomous Region, the implementation of the safety management of dangerous chemicals Ordinance (amended in 2013)

    (November 12, 2002 the people's Government of Guangxi Zhuang Autonomous Region announced January 16, 2013, 6th State the 11th Standing Committee of the people's Government of the 115th revised January 31, 2013, people's Government of Guangxi Zhuang Autonomous Region, the 85th release come into force April 1, 2013) Chapter I General provisions

    First in order to strengthen safety management of dangerous chemicals, prevention and reduction of hazardous chemical accidents, protect people's lives and property safety, protect the environment, according to State Council regulations on the safety management of dangerous chemicals and relevant laws and regulations, combined with this practice, these measures are formulated.

    The second autonomous region within the administrative area of hazardous chemicals production, Stockpiling, use, management and transport safety management, these measures shall apply.

    Waste disposal of hazardous chemicals, in accordance with the regulations of the State and the autonomous communities on environmental protection.

    The third people's Governments above the county level shall establish a system of joint meeting of the safety supervision and management of dangerous chemicals, and support and urge the departments responsible for the supervision and management of dangerous chemicals shall perform their duties, coordinate and solve major problems existed in safety management of dangerous chemicals; requirements for safety supervision and management of dangerous chemicals into the budget at the same level; shall be investigated for criminal responsibility for the accident.

    Fourth people's Governments above the county level production safety supervision and management departments and other departments responsible for the supervision and management of dangerous chemicals shall be determined in accordance with the people's Governments at the corresponding level of dangerous chemical safety supervision and Administration Division, within the administrative area of the production, Stockpiling, use, operation, transportation safety supervision and management of dangerous chemicals, and timely submit the administrative licensing, supervision and inspection information. Fifth production, Stockpiling, use, operation, transportation of hazardous chemicals unit (hereinafter referred to as hazardous chemicals unit) shall establish and improve the safety management regulations and job safety responsibility system regularly to the departments responsible for the supervision and management of dangerous chemical safety reports safe production situation, strengthening and implementation of corporate responsibility.

    Hazardous chemicals are in charge of the unit dangerous chemical safety work responsibility.

    Encouraging the production, storage and use of dangerous chemicals units to safety liability insurance encourages small and medium units for safety of dangerous chemicals and technical services provides security management services.

    Chapter II production, storage security

    Sixth production, storage of hazardous chemicals (including the use of long-distance pipeline transportation of dangerous chemicals, the same below) carrying out overall planning, rational distribution, standardize management.

    State of industry and information technology departments in charge of the region's dangerous chemicals production, industry planning and layout of the store, other relevant departments respectively according to their respective responsibilities to hazardous chemicals industry planning and layout work.

    Cities and counties divided into districts (municipalities) people's Government according to State planning and layout of production and storage of dangerous chemicals, light of local conditions, designate special areas, identified as the chemical industrial park (area) for the production and storage of hazardous chemicals.

    Article seventh chemical industrial park (district) location shall comply with State planning and layout of production and storage of dangerous chemicals, in accordance with the local construction of urban and rural overall planning and comprehensive land use planning, site selection standards consistent with chemical enterprises.

    City divided into districts, counties (cities) people's Governments shall, in accordance with the relevant provisions of the State and the autonomous communities to strengthen chemical industrial park (district) infrastructure to meet prevention, fire protection, environmental protection, safety and emergency requirements.

    Article eighth chemical zone (zone) Management Agency Park production safety supervision and administration, shall establish a sound security monitoring, troubleshooting, risk assessment, emergency response systems, and organizations.

    Chemical industrial park (district) put into use, a safety evaluation every 5 years.

    Nineth production and storage of hazardous chemicals should be equipped with production and storage suitable full-time safety Manager and professional chemical engineers and technicians.

    Dangerous chemicals operation personnel should by this units professional skills and security knowledge training, and by assessment qualified rear can induction operation; transfer or post 1 years above of operation personnel, should for workshop level security training education, and by assessment qualified; new, and alterations production store device of operation personnel, should in test Qian 6 months within accept dangerous chemicals of security training, and by assessment qualified.

    Special operations personnel should receive training and examination of the relevant departments, special operations qualifications achieved.

    Production and storage of hazardous chemicals using the new technology, new technologies, new materials or using new equipment, safety training in China should be on the back.

    Article tenth chemical process involving key regulatory risk, focused supervision of dangerous chemicals and hazardous chemicals production, Stockpiling of major dangerous source position, special operations should be identified. Hot work, access to restricted space, temporary power, working at height, lifting, ground-breaking, circuit breakers, equipment maintenance, high temperature, dangerous jobs such as blocking blind Board, shall be approved by the head of unit or department head.

    Approval of operations, risk analysis should be carried out without risk analysis, may not approve the job. 11th store should carry out the classification of dangerous chemicals, partitions, storage, and set clearly marked.

    Against jealous of each other dangerous chemicals mixed.

    Toxic chemicals and other hazardous chemicals stockpiles pose a major hazard, should be stored separately in a private warehouse, the implementation of double check, double storage, twin delivery, double the present accounting system. 12th hazardous chemical storage units should be carried out every 3 years to a private warehouse safety equipment inspection. Under automatic fire, and at least annually by a qualified units and personnel to conduct a comprehensive inspection and maintenance.

    Test results do not meet safety requirements, should take timely corrective action; by rectification is still not up to the safety requirements of the equipment and facilities should be phased out in a timely manner, update.

    13th dangerous chemical production and storage of daily security management troubleshooting, management should be integrated into units, each month a hazardous factors identification and safety risk analysis.

    Chemical process involving key regulatory risk, focused supervision of dangerous chemicals and hazardous chemical significant dangerous source of production and storage of hazardous chemicals, scientific risk assessment methods should be adopted, comprehensive investigation of this accident.

    Upon investigation found the major accident hazards should be timely development management programme, organization management funds, a clear governance responsibilities, rectification, and reported the County work safety supervision and management departments and other departments responsible for the supervision and management of dangerous chemical safety.

    14th production and storage of hazardous chemicals should be on the unit's production, storage devices, installations or sites for major danger source recognition, confirmation, and item-by-item registration documentation in a timely manner, establish and improve the monitoring system of major hazard. Constitute a major hazard, shall be reported in accordance with the provisions of production safety supervision and management departments, and implementing responsibility for or liability mechanism, related installations and equipment of temperature, pressure, level and main technical parameters on a 24-hour monitoring in real time. Safety warning significantly set in the field of major hazards, hazardous material safety inform.

    Accidents can occur, shall inform the peripheral units.

    Chapter III use and operation safety

    15th using dangerous chemicals and stockpiles reached national standards a critical mass of major hazards, using units shall improve their supervision of major hazard recognition, safety control measures, safe and responsible of the County work safety supervision and management departments.

    16th uses liquid chlorine, liquid ammonia, liquid petroleum gas, hydrogen, acetylene, ammonium nitrate and other key regulatory hazardous chemicals units, should be according to the relevant regulations of the State and characteristics of the product, its production, storage devices and leakage of equipment automatic control system alarms.

    Article 17th districts city, County (City) people should be planning construction of dangerous chemicals market, the implementation of centralized trading.

    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 means of transport), should be into the centralized trading market.

    18th dangerous chemicals business unit stores stored in metal cans, glass bottles, plastic containers and small packaging of hazardous chemicals such as tray, its total amount shall not exceed the limits set by the State.

    Import of hazardous chemicals, Chinese security label shall be marked, providing Chinese-safety data sheet.

    Article 19th of highly toxic chemicals, explosive hazardous chemicals unit of sale, purchase, shall, within the 5th after the sale, purchase, the sale and purchase of highly toxic chemicals, explosive dangerous chemical variety, quantity and flow of information reported to people's Governments at the county public security organ for the record.

    Sales unit for the purchase of highly toxic chemicals unit storage, disposal of toxic chemicals to provide technical guidance and assistance in case of need.

    Fourth chapter of transport security

    20th dangerous chemicals road transport of dangerous goods by transport unit shall obtain the road permit, the transport vehicles shall be set in accordance with the relevant provisions clear signs, logos, installed in accordance with the national standard of satellite positioning device with recording function, and provides configuration and security, environmental protection and fire control facilities and equipment.

    21st through road transport of hazardous chemicals shall be approved in accordance with the transport vehicle load load shall not be overloaded, may not use dangerous chemicals and general cargo, jealous of each other mixed, mixed games.

    22nd consignments of dangerous chemicals, the shipper shall be entrusted with appropriate transport qualified for transport units carrying dangerous chemicals.

    Hazardous chemicals shall truthfully fill in the waybill the shipper provided the content, submit consignments of dangerous chemical safety data sheet and safety labels, risk, emergency measures to inform the carrier of the carriage of dangerous chemicals.
23rd transport carrier of hazardous chemicals shall comply with the following provisions:

    (A) identification of shipper of dangerous chemicals production, storage, operation or use of the license, copy and freight documents be retained, or for units without corresponding permit the carriage of dangerous chemicals;

    (B) before loading check names, quantities of hazardous chemicals, and check the packing shall not carry dangerous chemicals in damaged packaging or packaging requirements are not met;

    (C) in accordance with State regulations and technical standards related to loading and unloading, and carriage of hazardous chemicals may not be transmitted to other units or individual transport.

    24th transportation operators shall examine the shipper's dangerous chemicals production, storage, operation or use of a permit and the carrier of dangerous chemicals transportation certificate and license, qualification certificate copy, together with the freight documents retained shall not without the corresponding permit or certificate of qualification units of dangerous chemicals transportation service.

    25th through road transportation of highly toxic chemicals, should apply to the public security organs in accordance with the relevant provisions of highly toxic chemicals road transport permits and transport permits set out the vehicles, drivers and escorts, loaded quantity, variety, and designated route, time and speed of transport.

    Article 26th vessels carrying dangerous chemicals into and out of port or port transit stop, in front of the inlet and outlet ports should be 24 hours in advance either directly or through agents to the maritime administrative agency for declaration process, upon approval by the maritime administrative agency, before entering and leaving port.

    Fifth chapter registration of hazardous chemical accident emergency rescue

    27th dangerous chemicals production, importers shall, in accordance with relevant regulations of the State to register with the registration agency for dangerous chemicals of hazardous chemicals.

    State production safety supervision and management agency of the Government agencies in charge of registration of hazardous chemicals, shall, before January 31 of each year to the State of industry and information technology, environmental protection, public security, public health, transportation, railway, maritime, quality supervision, inspection and quarantine departments to provide annual on the administrative registration of hazardous chemicals-related information and materials.

    28th local people's Governments at or above the county level shall work safety supervision and management departments should, in conjunction with industry and information technology, environmental protection, public security, public health, transportation, railway, maritime, departments of quality supervision, inspection and quarantine, according to the actual situation of the region, developing hazardous chemical accident emergency plan, the people's Governments at the corresponding level for approval.

    Transport, railway, maritime, quality supervision departments should develop Department emergency response plan for accidents due to dangerous chemicals, reported the people's Governments at the corresponding level for approval.

    Hazardous chemicals hazardous chemical accident emergency plan of the unit should be developed and submitted to municipal work safety supervision and management departments of districts where filing. Article 29th of dangerous chemicals should be full-time or part-time emergency rescue teams.

    Does not have a separate professional emergency rescue teams should be adjacent to a professional rescue teams and qualified rescue service agreements entered into or established professional emergency rescue teams in the region.

    Article 30th where hazardous chemical accidents, local people's Governments at or above the county level shall, after receiving the dangerous chemical accident reports, immediate supervision and administration of production safety, environmental protection, public security, public health, transportation, rail, marine, and other relevant departments of quality supervision, inspection and quarantine, in accordance with the hazardous chemical accident emergency rescue organizations in the region.

    Hazardous chemical accidents in road transit, local people's Governments at or above the county level shall be in accordance with the relevant hazardous chemical accident emergency plan, organizing, coordinating and directing the rescue work.

    The sixth chapter legal liability

    31st production and storage of hazardous chemicals in violation of the rules, use without training of qualified personnel for positions of dangerous chemicals operations, ordered by the people's Governments above the county level production safety supervision and management departments to correct and can be fined a maximum of more than 5000 Yuan and 10,000 yuan.

    Article 32nd highly toxic chemicals, explosive hazardous chemicals sales, purchases, in violation of these rules, not to the public security authorities for the record, by the people's Governments at the county level public security organs ordered corrective action and can be fined a maximum of more than 5000 Yuan and 10,000 yuan; it refuses, fined a maximum of between 50,000 yuan and 10,000 yuan.

    Article 33rd production and storage of hazardous chemicals in violation of the regulations, any of the following circumstances, the people's Governments above the county level production safety supervision and management departments to give a warning, and more than 1000 Yuan and 30,000 yuan the following fines:

    (A) not required monthly hazardous factors identification and safety risk analysis;

    (B) the major accident hazards found failing to develop governance programmes, arrangements governing funds and clear governance responsibilities, and rectification;

    (C) significant accidents are not reported.

    34th other acts in violation of these rules, laws and regulations on penalties from its provisions.

    The seventh chapter by-laws

    35th engaged in the production of final products or intermediate products listed in the catalogue of corporate-owned shop, factory of dangerous chemicals (including branches, subsidiaries), administered in accordance with the dangerous chemicals production unit. Article 36th these measures shall take effect on April 1, 2013.