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Administrative Measures On Supervision Of Highway And Waterway Engineering

Original Language Title: 公路水运工程安全生产监督管理办法

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(February 14, 2007 the Ministry released 2007 of 1th come into force on March 1, 2007) Chapter I General provisions article to enhance work safety supervision and management of Highway and waterway engineering, protection of personal and property security, according to the People's Republic of China Law of safety production and the safety production management of construction project of the Ordinance, the regulations on the safety production license, these measures are formulated.
    Second road water transportation project construction activities of the Safety Act and exercise supervision over its management, should comply with these measures.
    Third road water transportation project in these measures refers to national and local infrastructure projects of Highway and waterway infrastructure building, rebuilding, expansion, as well as demolition, construction projects such as strengthening.
    Business units mentioned in these measures refers to engaging in construction of Highway and waterway engineering, surveying, design, supervision, construction, inspection and testing, safety evaluation of work of the unit.
    Article Highway and waterway construction supervision and management of production safety shall adhere to safety first, prevention first and comprehensive treatment approach.
    The fifth Highway and waterway engineering practice of unified regulation, classification is responsible for supervision and administration of production safety.
    Ministry responsible for national highway and waterway engineering supervision and administration of production safety.
    Local transportation departments of people's Governments at or above the county level responsible for the administration of production safety supervision and administration of Highway and waterway engineering, but the main stream of the Yangtze River waterway engineering supervision and administration of production safety by the Ministry based in the main stream of the Yangtze River shipping Administration Office for.
    Ministry of communications and transportation departments of people's Governments at and above the county level may be entrusted its safety oversight body responsible for specific work setting, except for matters stipulated by laws and administrative regulations cannot delegate.
    In accordance with the provisions of this article assume functions of production safety supervision and management of Highway and waterway engineering departments or agencies, known collectively as the safety supervision and management departments of Highway and waterway engineering. Sixth article Highway water engineering safety supervision management sector of main duties: (a) publicity, and implement, and implementation about safety of legal, and regulations, according to statutory permission developed highway water engineering safety management regulations and technology standard; (ii) law on Highway water engineering practitioners units safety conditions implementation supervision management, organization construction units of main head, and project head, and full-time safety management personnel of assessment management work; (three) established Highway water engineering safety emergency management mechanism, Developed major production security accident emergency plans; (four) established Highway water engineering practitioners units safety credit system, as traffic industry credit system construction of part, on practitioners units and personnel implementation safety dynamic management; (five) accepted highway water engineering safety aspects of reported and complaints, law on Highway water engineering safety implementation supervision check and corresponding of administrative punishment; (six) Law Organization or participation survey processing production security accident, In accordance with the rights and responsibilities of Highway and waterway engineering production safety accident statistic analysis, dynamic information publish safety of Highway and waterway engineering.
    Provincial transportation departments are responsible for the Ministry and other relevant departments under the State Council submitted the information; (VII) to guide subordinate in charge of transportation work safety supervision and Management Department of Highway and waterway Engineering; (VIII) Organization safety of Highway and waterway engineering technology research and application of advanced technology; (IX) safety of Highway and waterway engineering experience, universal access to knowledge and (j) other duties stipulated by laws and regulations. Chapter seventh business unit engaged in safety conditions road water transportation project construction activities, shall meet the safety conditions stipulated by laws and administrative regulations.
    No unit or individual shall not reduce the safety conditions.
    Eighth construction units shall obtain safety licenses, head of unit in charge of construction, project and full-time safety Manager (hereinafter referred to as safety in three categories) examination certificate must be obtained in order to participate in the bidding and construction of Highway and waterway engineering.
    Construction Unit Chief, refers to the daily production and business activities and has overall responsibility for work safety, production and management decision-making personnel, includes the legal representative of the enterprise, head of the production safety work. Project Manager, is authorized by the legal representative of the enterprise, responsible for Highway and waterway construction project management in charge.
    Including project manager, Assistant Project Manager and Chief Engineer.
    Full-time safety Manager refers to personnel working in Enterprise specializing in production safety management, including head of production management of enterprise and its staff and full-time safety officers at construction site.
    The Nineth Department of transportation is responsible for Highway and waterway engineering level or above qualification appraisal certification of construction safety in three categories.
    Provincial transportation departments are responsible for organization of Highway and waterway engineering II and qualified construction units of the following three categories of work safety examination certification. Tenth construction production safety examination is divided into three class knowledge test and safety management capacity assessment in two parts.
    The examinations, or the provincial traffic authorities issued by the Ministry of the safety evaluation certificates of competency.
    11th construction units of vertical transportation machine operator, construction, ship operators, blasting personnel, installation and removal work, lifting the signal workers, electricians, welders and other State special operations personnel, you must follow the Security job training specially established by the State, and after obtaining a special operations qualifications before they can post. 12th used construction units in engineering construction cranes and integral hoisting scaffold, slip up before mold, erector set up their own facilities, shall organize relevant units before acceptance, or entrust a qualified acceptance of the inspection bodies. Use lease of machinery and equipment and construction machinery and accessories, installed by the tenant units, rental units and common acceptance, acceptance shall not be used.
    After acceptance in the 30th, should register with the local traffic Department. 13th business unit should be carried out on employees ' safety education and training to ensure employees have the necessary knowledge, familiar with the relevant safety regulations and safety procedures, mastering the job safety skills.
    Without a safety education and training qualified practitioners, not posts.
    Chapter III security responsibility 14th construction unit at the time of preparation of the tender document shall, in determining the safe operation of Highway and waterway engineering projects environmental and safety measures required for production costs.
    Production costs are covered by the construction unit under supervising engineer on the project sign safety situation for payment.
    15th construction units in the construction of Highway and waterway engineering tender documents shall be in accordance with the laws and regulations on safe production of construction conditions, the credit situation of production safety, safety protection measures specifically requests it. Unit is allowed to consultation, investigation, design, supervision, construction, equipment rental, material supplies, testing and other unit incompatible with engineering work safety laws, regulations and requirements of engineering construction compulsory standard.
    Not free to compress the duration of the contract.
    16th reconnaissance unit should be in accordance with the law, regulation and engineering construction compulsory standard inspection, attention to the influence of geological environment on security and investigation file submitted shall be true and accurate, and meet the needs of Highway and waterway engineering safety.
    Reconnaissance unit is likely to trigger road water transportation project should be hidden geological disaster prevention recommendations.
    Investigation unit and the personnel responsible for the investigation and conclusion.
    The 17th design units shall in accordance with law, regulation and engineering construction compulsory standard designed to prevent workplace hazards or due to unreasonable design of production safety accidents occur.
    New structures, new materials, new technology and special projects, design units should be presented in the design file to protect construction workers safety and production safety accident prevention measures.
    Design units should be responsible for the design and designers. 18th supervising units shall in accordance with laws and regulations and the supervision of engineering construction compulsory standard, assume management responsibility for the engineering safety. Preparation of safety production supervision plan should be, clear responsibilities of supervisors, contents and methods of supervision, and so on.
    For more dangerous engineering operations inspection should be strengthened. Supervisor should review the construction organization design of safety measures or specific construction program for compliance with the engineering construction compulsory standard.
    Supervision in the course of supervision, found a security accident, construction unit should be required corrective action, when necessary, may order suspension of construction orders and to report to the relevant units and departments.
    Log and supervising units shall report the safety supervision management report. 19th to provide road water transportation project construction machinery equipment, installations and products units, should ensure that complete and valid insurance, limit and other safety devices, provides instructions on safety, its for the machinery and equipment and facilities, such as product quality and safety performance met State standards. In terms of machinery and equipment, facilities and products should have a production (manufacturing) permit statutory inspection, product certification, or certification.
    There are no national standards or trade standards for equipment and facilities, and shall guarantee their quality and safety.
    20th construction unit should be responsible for construction safety. Construction of unit head of the unit's overall responsibility for work safety according to law.
    The construction unit shall establish and improve the safe production responsibility system and safety education and training system and the system of safe production technology gives the low-down, develop safety rules and regulations, capital investments needed to ensure production safety conditions, on the shoulder of Highway and waterway engineering and special safety inspections on a regular basis, and do a safety inspection record.
    Construction unit project leaders responsible for project safe construction according to law, implementation of safety in the efficient use of the system and ensure safety in production costs, and according to the characteristics of organization development of safety measures, eliminate hidden dangers of accidents, reported production safety accidents truthfully and in a timely manner.
    Technical disclosure system of production safety mentioned in this article refers to prior to the implementation of each project of Highway and waterway engineering, construction units responsible for project management of the technical staff of security-related construction of technical requirements to the operations team, detailed instructions for operating personnel, and signed by both parties of the system. 21st construction units shall establish a safety authority, staffed with full-time safety Manager.
    Construction site shall, in accordance with each 50 million Yuan for construction contracts proportion of one full-time safety Manager, at least one of less than 50 million Yuan.
    Full-time safety manager responsible for site safety supervision and inspection, and to check the records, found that production safety accident shall promptly report to the head of project and production management; illegal command, illegal actions and violations of labor discipline, should be stopped immediately.
    22nd construction units in engineering bid should include production costs, shall not be lower than the bid price of 1%, and shall not be used as a competitive quotation.
    Production costs should be used for the construction of protective equipment and facilities procurement and update, the implementation of safety measures, the improvement of conditions for safe production may not be diverted to any other use. 23rd article construction units should in construction organization design in the prepared security technology measures and construction site temporary electricity programme, on following risk larger of engineering should prepared special construction programme, and attached security checking results, by construction units technology head, and supervision engineers review agreed signed Hou implementation, by full-time safety management personnel for site supervision: (a) bad geological conditions Xia has potential risk of earthwork, and rock excavation; (ii) landslide and high slope processing; (three) pile based, and block wall based, and Deepwater based and the cofferdam Engineering; (four) bridge engineering in the of beam, and Arch, and column, component construction,; (five) tunnel engineering in the of bad geological tunnel, and high gas tunnel, and underwater Harbour Tunnel,; (six) water Shang engineering in the of piling ship job, and construction ship job, and offshore island job, and side navigation side construction job,; (seven) water Xia engineering in the of water Xia welding, and concrete pouring, and blasting engineering,; (eight) blasting Engineering; (nine) large temporary engineering in the of large bracket, and template, and bridge of erection and demolition; bridge, and
    Reinforcement and demolition of a wharf; (j) other dangerous work.
    Where necessary, the construction units of specific construction program for the works listed in the preceding paragraph, should also be organized experts to conduct feasibility studies, review.
    24th construction units should be at the construction site along the entrance or the intersection, construction cranes, mixing, temporary electricity facilities, explosives and harmful of dangerous gases and liquids storage, tunnels and holes, scaffolding, excavation edges, edge of the dock, bridge and other dangerous parts, setting clear safety warning signs or the necessary safety facilities. The construction unit shall, depending on the construction phase and the surrounding environment and the change of seasons, climate, appropriate safety measures at the construction site. Would temporarily halt work on construction site, construction units should do a site protection.
    Workplace hazards caused by the construction unit works to cease whenever, the costs borne by the contractor, other reasons in accordance with the contract provisions. 25th construction units should be the construction site offices, living quarters and work area set apart, and keep a safe distance from; the location for offices, living quarters shall comply with the security requirements.
    Workers of food, drinking water, relax, and medical aid facilities shall comply with health standards. Makeshift construction site buildings shall conform to the safety requirements.
    Construction site using prefabricated mobile homes with the production (manufacture), licenses, product certification.
    26th construction fire safety responsibility system should be established at the construction site, identifying fire safety responsibility, make use of fire, electricity, the use of flammable materials, and other fire management policies and procedures, setting fire, equipped with appropriate fire-fighting equipment and fire-fighting equipment.
    27th construction units shall provide the operator with the necessary security protective equipment and protective clothing, writing practice for hazardous work and ensure that it is familiar with and master the relevant content and illegal actions against.
    Workers have the right to working conditions on construction site, work procedures and work safety problems in the way criticize, impeach and accuse, the right to refuse illegal orders and commands to work.
    Occurred during the construction of emergency that may endanger the safety, workers have the right to immediately stop work or take the necessary emergency measures to evacuate dangerous areas.
    28th operations personnel shall comply with construction engineering construction compulsory standards, regulations and procedures, proper use of safety equipment, mechanical equipment, etc.
    29th unit purchase and lease of construction safety protective equipment, mechanical equipment, construction equipment and accessories, should have the production (manufacture), licenses, product certification, and before entering the construction site is done by a full-time safety Manager.
    Construction site safety and protective equipment, mechanical equipment, construction equipment and accessories must be in operation management, regular inspection, repair and maintenance, a corresponding data files, and in accordance with the relevant provisions of the State promptly scrapped.
    30th construction unit should managers and operating personnel safety education and training of not less than twice a year, its record of personal education and training work.
    Construction units in use when new technologies, new processes, new equipment, new materials, safety education and training of workers should be appropriate.
    New staff and workers into a new construction site before the new post or transferred to, the construction units should be safety training and examination.
    Without safety training and examination or training examination unqualified personnel may not post. 31st construction unit should accidental injury insurance for the construction site personnel, accident insurance fee should be paid by the contractor.
    Implementation of construction contract, paid by the general contractor accident insurance fee. The 32nd General contract of construction project by the general contractor on the construction site's safety production responsibility. General contractor by law construction subcontract to other units, the subcontract of the safety aspects of it should be made clear in the respective rights and obligations.
    General contractor to subcontract works safety bear joint and several liability.
    Subcontractor safety management should be subject to the general contractor, subcontractors are not subject to the management of production safety accidents, major liability of subcontractors. Article 33rd construction characteristics, construction should be for the project to develop a production safety accident emergency plan drills are regularly organized. Production safety accidents, construction units concerned should immediately to the employer, the supervisor of Highway and waterway engineering and accident safety supervision and management departments as well as local safety supervision departments report.
    Construction, construction units concerned should immediately activate emergency response plans, organized rescue, protect the scene of the accident.
    34th chapter fourth supervision and inspection work safety supervision and management departments of Highway and waterway engineering duties when performing their duties of supervision and inspection, are entitled to take the following measures: (a) request units under inspection to provide documents and information about the safety, (ii) enter into the inspected unit construction site inspection; (c) corrective acts in violation of safety requirements in the construction, imposition of administrative penalty according to law.
    35th article Highway water engineering safety supervision management sector on practitioners units safety supervision check of content main has: (a) practitioners units safety conditions of meet situation; (ii) construction units safety three class personnel and special job personnel has induction qualification situation; (three) practitioners units implementation safety legal, and regulations, and regulations and engineering construction mandatory standard of situation; (four) practitioners units on safety management system, and security responsibility system and the emergency plans of established and implementation situation;
    (E) production management or settings and perform their duties full-time safety Manager; (f) the situation of safety education and training of employees; (VII) shall supervise and inspect the situation.
    Article 36th road water transportation project safety production supervision and Management Department of Highway and waterway engineering construction site supervision and inspection of the safety of the following: (a) the resident, (ii) operation (surface), (iii) storage of dangerous goods; (d) prefabricated semi-finished products factory, processing factory (v) construction of non-standard equipment assembly plant.
    Work safety supervision and management departments of Highway and waterway engineering production safety accident risk-prone projects and construction work should link to focus on supervision and inspection.
    37th article Highway water engineering safety supervision management sector on supervision check in the found of security problem, should made following processing: (a) practitioners units exists security management problem need rectification of, to written way notification exists problem units deadline rectification; (ii) practitioners units exists security accident hidden of, ordered immediately excluded; (three) major security accident hidden in excluded Qian or in excluded process in the cannot guarantee security of, ordered its from dangerous regional within withdrawal job personnel or temporarily stop construction;
    (D) construction in violation of safety regulations cause serious production safety accidents, all or part of the construction project of State-owned funds, suspended disbursement of funds (v) units not included in cost of work safety of construction projects, to order within a time limit and not for monitoring procedures; fails to mend, shall be ordered to stop construction of the construction project and informed criticism. The units under inspection shall implement the decision without delay, and written report on corrective action check unit.
    Ordered to shut down, when they shall be subject to review before they can return.
    38th Highway and waterway engineering work safety supervision and management departments should establish business credit file, and supervision and treatment results in a timely manner on the credit management system of production safety.
    39th business unit lack of rectification, rectification many times there are still security problems, work safety supervision and management departments of Highway and waterway engineering be included in safety supervision and inspection priority list, log in in safe production in the credit management system, and to inform the relevant authorities.
    For major safety accidents but refused correction or corrective action was not obvious or major security accidents, no longer meets the conditions for safe production, highway and waterway engineering work safety supervision and management departments should be to inform the safety production license issuing Department recommended temporary suspension or revocation of safety production license, and level of qualification to the certificate authority which issued the recommendation to reduce.
    40th road and waterway engineering production safety supervision and management departments may delegate has the qualifications prescribed by the State Agency for serious production safety accident-prone projects and safety for dangerous project evaluation and monitoring. 41st road and waterway engineering work safety supervision and management departments should be sound internal management system, strengthen the supervision and management of education and training, and improve the level of law enforcement. Supervisors should be devoted to their duties, handle matters impartially, adhere to principles, be honest and upright.
    Object has an interest in monitoring and supervision and inspection personnel, should be avoided.
    42nd road and waterway engineering work safety supervision and management departments should establish a reporting system, accepted in a timely manner of Highway and waterway engineering production safety accidents or accidents and the inspectors report, complaints and complaints of violations.
    Fifth chapter supplementary articles article 43rd in contravention of this regulation, in accordance with the People's Republic of China Law on work safety, construction safety management regulations and the relevant provisions of the regulations on the safety production license, impose administrative penalties.
                                                                                                                                The 44th article of the rules take effect on March 1, 2007.