Administrative Measures On Hazard Chemicals Safety, Shanxi Province

Original Language Title: 山西省危险化学品安全管理办法

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(On December 27, 2005 Shanxi Province Government 64th times Executive Conference considered through on January 8, 2006 Shanxi Province Government makes 184th, announced since on February 1, 2006 up purposes) first chapter General first article to strengthening dangerous chemicals of security management, guarantees people life, and property security, protection environment, according to safety method, and dangerous chemicals Security Management Ordinance (following referred to Ordinance), about legal, and regulations, developed this approach.
    Article in the province within the administrative area of the production, Stockpiling, use, management, transport and disposal of hazardous chemicals by discarded dangerous chemicals, hazardous chemical accident emergency rescue and its supervisory activities, these measures shall apply.
    Article III hazardous chemicals in these measures, including explosives, compressed gas and liquefied gas, flammable liquids, flammable solids, Spontaneously Combustible and flammable when wet, oxidizers, organic peroxides, toxic, corrosive substances, etc.
    Fourth article County above Government should strengthening this administrative within dangerous chemicals of security management, its main duties is: (a) established sound dangerous chemicals security supervision management system; (ii) on dangerous chemicals of production, and store implemented unified planning, and reasonable layout; (three) organization about sector developed dangerous chemicals accident emergency rescue plans, led and command dangerous chemicals accident of emergency rescue; (four) Organization dangerous chemicals safety big check;
    (E) the organization does not have the conditions for safe production of dangerous chemicals production, storage, conversion, production, closure and relocation of enterprises; (vi) every six months organizing a joint meeting involving relevant departments, coordinate and solve major problems existed in safety management of dangerous chemicals.
    Fifth production safety supervision and management departments above the county level people's Government is responsible for the comprehensive supervision and management of dangerous chemical safety within their administrative regions.
    Public security, environmental protection, health, transportation, Commerce, industry, construction, Commerce, agriculture, quality supervision, railways, civil aviation, postal services and other relevant departments, within the scope of their respective duties and responsibilities work safety supervision and management of dangerous chemicals.
    Relevant laws, regulations and rules and the relevant provisions of national and provincial, provincial, district and County departments implementing the duty of supervision and management of dangerous chemical safety has been divided from its provisions; has not been divided, by the relevant departments in accordance with the powers and responsibilities of the provincial unity dividing itself, easy to monitor.
    Article sixth of hazardous chemicals units should meet the relevant laws, regulations and provisions of the national standard or industry standard security conditions.
    Hazardous chemicals unit primarily responsible for the unit is responsible for the safety of dangerous chemicals. Of hazardous chemicals should be on employees ' safety education and training to ensure employees have the necessary knowledge.
    Practitioners should be familiar with the rules and regulations concerning work safety, safety procedures and contingency measures, mastering the job safety skills through examination and induction.
    Seventh of hazardous chemicals unit shall be subject to supervision and inspection departments according to law, and may not refuse or obstruct.
    Article eighth departments responsible for the supervision and management of dangerous chemical safety related reporting system should be established, dealing with hazardous chemical safety violations in a timely manner. Any unit and individual have the right to report, against breaches of the Ordinance and these rules of behavior.
    Encourage and support the whole society to supervise the safety management of dangerous chemicals. Chapter II production of hazardous chemicals, storage and use of the Nineth production and storage of dangerous chemicals implements the approval system.
    Without approval, no unit or individual may manufacture, storage of hazardous chemicals.
    The establishment of production, storage of hazardous chemicals enterprises, shall be provided to the provinces, districts and municipal work safety supervision and management departments to apply and submit the regulations stipulated in the Nineth of file and project site submissions in the urban and rural planning sector. Provinces, districts and municipal work safety supervision and management departments to submit applications, should be completed within 20 working days from the date of accepting the review, review comments, reported to the people's Government at the decision to approve or not to approve.
    Approval of production safety supervision and management departments at issue an approval document; were rejected, notify the applicant in writing.
    Prescribed in the preceding paragraph, for the establishment of the people's Government, provinces, districts of dangerous chemical production and storage businesses to make approval decisions, work safety supervision and management departments of its exercise may be entrusted.
    Ratifications of the applicant issued by the work safety supervision and management departments to the Department for industry and commerce registration or change of business scope of procedures.
    Tenth new construction, renovation or expansion of dangerous chemicals production and storage projects (hereinafter referred to as hazardous chemical construction projects), and must be in accordance with the provisions of article Nineth for review and approval. Article 11th inflammable and explosive dangerous chemical fire protection design of the construction project should be handled by public security fire control institutions shall examine.
    After the completion of construction projects, carried out by public security fire control institutions in accordance with acceptance; acceptance or unqualified acceptance, shall not be put into use. 12th hazardous chemicals of environmental impact evaluation of construction project document shall be filed with the Environmental Protection Department for approval.
    After the completion of construction projects, by the Environmental Protection Department on the acceptance of environmental protection facilities in accordance with law without acceptance or acceptance is not qualified, shall not be put into use. 13th may produce hazardous chemical construction projects on occupational hazards, the occupational hazards evaluation report shall be approved by the Health Department.
    Before the completion of construction projects, evaluation of control effect on occupational hazards should be carried out, the occupational-disease-prevention facilities by the Department of health inspection, after passing the acceptance, to be put into production or use. 14th dangerous chemicals designs of safety facilities of construction projects should be reviewed by the work safety supervision and management departments in accordance with law.
    After the completion of construction project completion and commissioning, production safety supervision and management departments on safety facilities in accordance with law, acceptance; acceptance or unqualified acceptance shall not be put into production or use. 15th hazardous chemical construction projects should be carried out by a qualified unit design and construction.
    Design, construction units responsible for the safety of its design and construction engineering. 16th in dangerous chemicals before and after the completion of the design of construction projects shall be conducted by a qualified security assessment of its safety assessment and safety assessment.
    Rating agencies accountable for their results.
    17th dangerous chemicals by safety upon the acceptance of construction projects, it shall apply to the provincial production safety supervision and management departments handle or change the safety license, to the provincial quality and technical supervision departments to apply the production license. 18th packaging and containers of hazardous chemicals should be reviewed by the provincial production safety supervision and management departments of qualified enterprise specializing in the production of fixed-point production.
    Professional production enterprises must obtain a production license issued by the Department of quality supervision.
    Cylinder filling units of hazardous chemicals, shall obtain a gas bottle filling of the quality supervision Department issued registration certificates, filling before engaging in the activity. 19th production, storage, use, management of toxic chemicals and other hazardous chemicals stockpiles pose a major hazard unit, number should be stored, location as well as to the local public security department managers and production safety supervision and management departments.
    Hazardous chemical storage, custody and recording must be in accordance with the provisions of the Ordinance and the relevant national standards.
    20th using dangerous chemicals are likely to cause occupational poisoning hazards unit, security conditions in the work environment must comply with the relevant regulations of the State, and occupational health and safety issued by the work safety supervision and management departments in accordance with permit.
    21st hazardous chemicals in the production, storage, use, operating units should set security management institution or full-time security personnel, establish and improve the safety management regulations and the safe production responsibility system.
    22nd article in the production and storage of dangerous chemicals enterprise, planning and construction of industrial facilities, public facilities, residential areas and other populated places must comply with the safety standard set by the State.
    Resulting from the reconstruction and expansion of enterprises of dangerous chemicals production and storage facilities and associated site and regional safety protection zone, does not comply with the relevant regulations of the State, work safety supervision and management departments at or above the county level to order within the prescribed period to rectify the; need conversion, production, relocation or closing, report to the local people's Governments at the same level for approval, the cost borne by the enterprise.
    Due to urban development or other relevant departments planning unreasonably dangerous chemicals production, stockpile security of enterprises and associated places and regional protection zone, does not comply with the relevant regulations of the State, production safety supervision and management departments at or above the county level shall report to the local people's Government at the relevant sectors to be sorted or the relocation of production, and related costs as the case from local governments, enterprises and relevant departments.
    23rd units or individuals in the production and storage of dangerous chemicals within the corporate perimeter security protection zone, the construction of public facilities, industrial facilities, residential areas and other populated places, work safety supervision and management departments at or above the county level shall order the removal of the who refuses to remove, work safety supervision and management departments at or above the county level shall organize relevant departments to remove, the cost borne by illegal construction units or individuals.
    Chapter III management of hazardous chemicals the 24th handling dangerous chemicals business sales through a licensing system. Operation hazardous chemicals, shall be provided to the provinces, districts and municipal work safety supervision and management departments to apply for operating licenses for hazardous chemicals.
    Without permission, no unit or individual may engage in dangerous chemicals.
    Applicants with dangerous chemicals to the Department for industry and commerce business license registration or change of business scope of procedures.
    The 25th operating licenses are divided into two types of dangerous chemicals. Made certain dangerous chemicals business licenses, could run a highly toxic chemicals, refined petroleum products (including transport liquefied or compressed gases, alcohol ether fuel) and other dangerous chemicals.
    Achieved b operating licence for hazardous chemicals, and can only operate with the exception of highly toxic chemicals and other hazardous chemicals away from oil.
    Conduct business according to the operating permit for hazardous chemicals contained in scope of business activities.
    26th engaged in wholesale of refined oil products, warehousing, retail operations, application for operating permit for hazardous chemicals, should provide wholesale business of refined oil products by Commerce Department approval certificates, product warehousing management certificate of approval, retail management certificate of approval.
    Dangerous chemical pesticides (rodenticides) operations, application for operating permit for hazardous chemicals, shall conform to the qualification requirements established by the State. 27th of dangerous chemical production enterprise sold the production of dangerous chemicals, not handling dangerous chemicals business licenses.
    But the sale of the production of dangerous chemicals or off-site sales points, still needs to deal with dangerous chemicals business licenses.
    28th prohibits the transfer, sale, rental, lending, forging or altering the operating permit for hazardous chemicals.
    29th article purchase toxic chemicals, should comply with following provides: (a) production, and research, and medical, units often using toxic chemicals of, should according to national about provides, to units location set district of city police sector application received purchase voucher, by purchase voucher purchase; (ii) units temporary need purchase toxic chemicals of, should by this units issued of proved (indicate name, and number, and uses), to units location set district of city police sector application received associate purchased card, by associate purchased card purchase;
    (C) the individual may purchase pesticides (rodenticides) outside of highly toxic chemicals.
    Highly toxic chemical production and management enterprises not to individuals or without proof of purchase, purchasing permit unit sales of highly toxic chemicals.
    The fourth chapter 30th transport dangerous chemicals transportation of hazardous chemicals through a licensing system.
    In dangerous chemicals road transport operators shall obtain districts, road transport road transport operators permit issued by the authorities.
    Use-owned special-purpose vehicles for road transport of hazardous chemicals operations not shall be obtained for districts, road transport road transport of dangerous goods permit from the authorities.
    Engaged in the operation of water transport of hazardous chemicals, shall obtain the corresponding qualification for transport of the transport sector.
    Units engaged in transportation management of dangerous chemicals, or by the transport sector road transport management authority transport eligibility or license shall be registered with the industrial and commercial sector of road transport procedures.
    31st the carriage of dangerous chemicals transportation vehicles, road transport authority licenses must be obtained after the allotment of vehicle operator, and onboard.
    Dangerous chemical transport vehicles, clearly identified must be set according to relevant regulations.
    Article 32nd of dangerous chemical transportation drivers, crew management, handling and escort personnel, should be subject to security training, city-level assessment of the transport sector, after obtaining the qualification certificate before they can post.
    33rd transport dangerous chemicals, the shipper can only entrust qualified for transport for transport units carrying dangerous chemicals.
    Through the transportation of highly toxic chemicals, the shipper shall apply to the destination county-level public security traffic Administrative Department handling of highly toxic chemicals road transport permits. Article 34th shippers of hazardous chemicals, hazardous chemicals should be tested when the transport vehicle qualification certificates and vessel cargo vessel inspection certificates, according to travel the authorized tonnage (weight) to load. The shipper shall provide the carrier provided consistent with the hazardous chemical safety data sheet, safety labels, risk informed the carrier.
    The shipper shall verify the highly toxic chemical toxic chemicals road transport permits, and provide the transportation load list of highly toxic chemicals.
    35th by railway, civil aviation, transport of hazardous chemicals, railway and civil aviation sectors regulations by the State Council.
    No unit or individual is allowed to post or mail carrying dangerous chemicals; Punic reported hazardous chemicals or false for ordinary goods may not be mailed.
    Fifth chapter abandoned hazardous chemicals disposal 36th disposal of waste hazardous chemicals, shall be executed in accordance with the provisions of relevant State laws and regulations.
    37th in hazardous chemical waste collection, storage, and disposal of business units, shall apply to the Department of environmental protection permit. 38th of hazardous chemicals in the production, Stockpiling, use and operating units of production, production, closure or bankruptcy, should take effective measures, the production or storage of hazardous chemicals equipment, inventory and production of raw materials for safe disposal, shall not have accidents. Solution should be reported to local districts of the city work safety supervision and Management Department, environmental protection Department and the public security department.
    District cities on disposition of production safety supervision and management departments should conduct supervision and inspection.
    Any unit and individual is prohibited wantonly discarded dangerous chemicals. 39th handed in by the public of hazardous chemicals by public security departments above the county level are responsible for receiving.
    Public security departments should establish special warehouse for storage of dangerous chemicals submitted and collected hazardous chemicals and specific person responsible for the custody, preventing loss, theft diaspora community.
    Public security departments above the county level are responsible for due and collection transferred to the specialized units identified by the Environmental Protection Department of hazardous chemicals disposal.
    The people's Governments above the county level shall arrange for the necessary funds, submitted and for the storage and disposal of hazardous chemicals collected. 40th by discarded dangerous chemicals unit cannot in law to deal with discarded dangerous chemicals, can be disposed of by the environmental protection departments at and above the County and disposal cost borne by discarded dangerous chemicals unit.
    Orphan abandoned hazardous chemicals disposal cost borne by local people's Governments at the county level.
    41st district municipal people's Government is responsible for planning and construction waste hazardous chemical disposal facilities.
    The sixth chapter hazardous chemical accident emergency rescue, investigation and handling of the 42nd dangerous chemicals production, storage units and the use of toxic chemicals and other hazardous chemicals pose a major hazard in the number of units shall be made to the provincial production safety supervision and management departments, for hazardous chemical accident prevention and emergency rescue to provide technical and information support.
    Article 43rd production safety supervision and management departments at or above the county level shall, in conjunction with the departments concerned at the development of hazardous chemical accident emergency rescue plan, the people's Governments at the corresponding level for approval.
    44th dangerous chemicals unit shall develop emergency plans, equipped with emergency rescue equipment, emergency rescue personnel and the necessary equipment, and regular drills.
    Of hazardous chemicals should be emergency and reported to local districts and County work safety supervision and management departments and related departments. Article 45th large dangerous chemical production and storage enterprises should set up a professional emergency rescue teams. Other production and storage of hazardous chemicals should be assisted in the rescue agreement with the local professional emergency rescue teams.
    Emergency rescue teams for the other units to provide rescue services, charges incurred will be borne by the accident.
    Hazardous chemical accidents occur, Chief emergency plan should be enacted by this unit, immediately organized rescue and immediately report to the local production safety supervision and management departments and public security, environmental protection, quality supervision departments. 46th of the people's Governments above the county level shall take emergency rescue command and leadership.
    Safety supervision and management departments and the environmental protection, public security, health and other relevant departments shall, in accordance with the local emergency rescue organization, must not delay and prevarication.
    The people's Government above the county level should ensure that spending on construction of emergency rescue system, included in the budget, the implementation of earmarked.
    47th hazardous chemical accidents occur, in accordance with the accident and relevant provisions, respectively, by provinces, districts and County work safety supervision and management departments lead organization public security, supervision, trade unions and other relevant departments for investigation and treatment. 48th article of dangerous chemical enterprise safety production risk mortgage system.
    Specific measures formulated by the provincial work safety supervision and management departments, in conjunction with the provincial Finance Department.
    Seventh chapter law responsibility 49th article violates this Nineth, tenth, 18th, 24th, 30th, 32nd, 33rd, 38th article, respectively, by production safety supervision and management departments at or above the county level departments for industry and commerce, quality supervision Department, Transport Department and the public security department based on the provisions of the Ordinance.
    Violating these rules article 25th, over operating permit for hazardous chemicals business scope business units engaged in business activities, operating a part according to the unlicensed Super punishment.
    50th article violates this way 11th section, by public security fire control institutions above the county level in accordance with the provisions of the fire prevention law punishment.
    51st disobey the 12th article, entitled to review the project documents for environmental impact assessment and environmental protection departments in accordance with the provisions of the law on environmental impact assessment.
    52nd disobey the 13th article by health departments above the county level in accordance with the provisions of the law on occupational disease prevention.
    53rd disobey article 14th, work safety supervision and management departments at or above the county level in accordance with the safety provisions of the law.
    54th disobey article 17th, production safety supervision and management departments at or above the county level in accordance with the provisions of the regulations on the safety production license penalties.
    Provisions 55th article violates article 28th of this approach, dangerous chemicals business unit illegally transferred, sold, leased, lent, forging or altering the operation license of hazardous chemicals, fined 10,000 yuan and 30,000 yuan fine. 56th article violation this approach 34th article provides, dangerous chemicals of checked people has following behavior one of of, by County above safety supervision management sector sentenced 10,000 yuan above 30,000 yuan following of fine: (a) not test transport travel qualification documents and travel stowage container of test certificate mount shipped dangerous chemicals of; (ii) not according to travel approved tonnage (volume), mount shipped dangerous chemicals of; (three) not to carrier provides and mount dangerous chemicals consistent of security technology manual, and
    Security labels or were not informed of the risk of the carrier (iv) was not issued by the transportation load list of highly toxic chemicals.
    57th on the dangerous chemicals safety law to exercise supervision over and management of the Department in charge of staff directly responsible and, in the supervision and management work of abuse of power, negligence, malpractice, given administrative sanctions in accordance with the Regulations constitutes a crime, criminal responsibility shall be investigated according to law.
    Eighth chapter by-laws mentioned in article III of the 58th article this way specific types of hazardous chemicals the State production safety supervision and administration, in conjunction with relevant departments of the State Council announced the inclusion of the hazardous chemicals list of chemicals.
    Highly toxic chemicals the State production safety supervision and administration, in conjunction with relevant departments of the State Council published the directory of highly toxic chemicals in the chemical.
    59th civil explosives, radioactive substances, nuclear substances and city gas safety management, this approach is not applicable.
    As chemical raw materials and other non-fuel uses of natural gas, liquefied petroleum gas, artificial coal gas, and monitoring, hazardous chemicals and pesticides safe management of chemicals, in accordance with the provisions of that approach.
                                                                              60th these measures shall come into force on February 1, 2006.

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