State Administration Of Work Safety Decisions Concerning Repeal And Amend Labor Protection And Safety Training In Areas Such As Ten Regulations

Original Language Title: 国家安全监管总局关于废止和修改劳动防护用品和安全培训等领域十部规章的决定

Read the untranslated law here: https://www.global-regulation.com/law/china/3389563/.html

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For the implementation of the newly revised "People's Republic of China Production Safety Law" and maintain a unified legal system, according to the law to promote law and order, State Administration of Work Safety involving labor protective equipment, mine rescue team qualifications, safety training, industry and trade enterprises working in confined spaces, food production enterprises, intermediary service organizations minimum registered capital and other aspects of departmental rules cleaned up. After clean-up, I decided:

First, the two regulations were repealed

(a) repeal "labor protection supervision and management regulations" (July 22, 2005 the State Administration of Production Safety Supervision order No. 1 release).

(Ii) repeal "mine rescue team accreditation regulations" (August 23, 2005 State Administration of Work Safety Order No. 2 released).

Second, some provisions be amended eight regulations

(a) on the "production units safety training regulations" to make changes.

1. Article 4 shall be amended to read "employees production and business units should have a safety training include the main person in charge of production safety management, special operations personnel and other practitioners.

" production and business units to use dispatched workers, dispatched workers should be included in the unified management unit employees on dispatched workers on job safety procedures and safety skills education and training. Staffing firms shall be dispatched workers to carry out the necessary safety education and training.

"Production units receiving secondary vocational schools, colleges and universities student internship, students should practice appropriate safety education and training, provide necessary protective equipment. Schools should assist production units for student internships production safety education and training.

"production units employees shall receive safety training, familiar with the safety regulations and safety rules, have the necessary safety knowledge, master the job of security skills, Learn emergency treatment measures, aware of their rights and obligations in terms of production safety.

"Without safety training qualified practitioners, can not start to work."

2. Article 6.2 will move to Chapter V, Article 24 is a separate, and amended as: "coal, non-coal mines, dangerous chemicals, fireworks, metal smelting and other production and business units responsible for the safety and production management personnel, from the date of office within six months, must be approved by the safety production supervision and supervision departments their safety knowledge and management capacity passing the examination "

3 to 9 (2) amended as follows:.." coal, non-coal mines, dangerous chemicals, fireworks, metal smelting and other production units primarily responsible for production safety management and safety personnel initial training period of not less than 48 hours, the annual re-training for not less than 16 hours. "

4. Article 10, paragraph 2 of the" non-coal mines , dangerous chemicals, fireworks, and other "to" non-coal mines, dangerous chemicals, fireworks, metal smelting. " The "other than coal, non-coal mines, dangerous chemicals, fireworks" in the fourth paragraph amended to read "other than coal, non-coal mines, dangerous chemicals, fireworks, metal smelting."

5. To 11, Article 14, paragraph 2 of the "coal mines, non-coal mines, dangerous chemicals, fireworks, and other" to "coal mines, non-coal mines, dangerous chemicals , fireworks, metal smelting and so on. "

6. Article 12, paragraph 2 of the "may" to "shall."

7 will thirteenth amended as follows:. "Production units employing new posts, pre-job safety training for not less than 24 hours

." Coal, non-coal mines, dangerous chemicals, fireworks, metal smelting and other production units of the new posts of employees safety training for not less than 72 hours, the annual retraining for not less than 20 hours. "

8 The second paragraph of Article XVII amended as follows:." Production units using new technology, new technology, new material or new equipment, should be re-targeted to relevant employees Safety Training. "

9 will XIX amended as follows:." Production units safety training of employees, and implemented by the production units.

"Production units should adhere to the test and promote learning, to promote learning to speak, to ensure that all employees skilled job safety knowledge and skills; coal, non-coal mines, dangerous chemicals, fireworks, metal smelting et production units should also improve and implement the master train an apprentice system ".

10 in Article XX is added as the third paragraph:" entrusted to other production units safety training institutions to ensure that responsibility for safety training remain with the entity "

11 in Article XXI is added as the second paragraph:.." the main person responsible for production and business units responsible for formulating and implementing the unit safety training plan "

12 Article 22 shall be amended as follows:.." production units shall establish and improve production safety education and training of employees files by the administration of production safety and production units of production safety management detailed and accurate records of training time, content, participants and assessment results, etc. "

13 to Article 25 to Article 26 and revised as follows:.." at all levels of production safety supervision and monitoring department of the production units safety training and conditions of supervision and inspection certificates, including the following:

"(a) system of safety training, planning and implementation of the case; || |
"primarily responsible for the safety and production management personnel safety training and safety knowledge and management capacity assessment (2) coal, non-coal mines, dangerous chemicals, fireworks, metal smelting and other production units; other producers business units primarily responsible for the situation and safety production management personnel training;

"case (iii) special operations personnel operating certificate holder of the job;

" (d) establish safety education and training files, and accurate records of the case;

"(v) employees on-site safety knowledge quizzes their work;

" (vi) other things to check the contents of "|. . ||
14 Article 26 will be changed to Article 27 and amended as: "production safety supervision and supervision departments for coal, non-coal mines, dangerous chemicals, fireworks, metal smelting and other production operations the main person in charge of the unit, a rigorous assessment of safety shall in accordance with this provision. assessment shall not charge. Associated personnel

"production safety supervision and supervision departments shall be responsible for the assessment of negligence and abuse of power. ".

15 is added as Article 28:" production safety supervision and monitoring department inspection found safety education and training is not in place the responsibility to implement the relevant untrained practitioners qualified, it should be regarded as production safety accidents, ordered to immediately stop the illegal production and business units, rectification, and punished according to law. ".

16 will be changed to Article 27 Article 29 is amended as:" production units of the following acts by the production safety supervision and supervision departments ordered to make corrections and may a fine of 10,000 yuan to 30,000 yuan:

"(a) safety training will not work into the unit work plan and ensure that the required safety training funds;

" (two during the unpaid wages) of employees safety training and commitment to safety and training costs. ".

17 to Article 28 to Article 30, the first paragraph is revised as follows:" production units of the following acts by the production safety supervision and supervision departments shall be ordered to make corrections be liable to a fine of 50,000 yuan; overdue correction, ordered to suspend business for rectification, and impose a fine of 50,000 yuan to 100,000 yuan, and the person in charge and other directly responsible personnel directly responsible for more than 10,000 yuan a fine of 20,000 yuan:

"(a) coal, non-coal mines, dangerous chemicals, fireworks, metal smelting and other production and business units responsible for the management and security personnel are not in accordance with the provisions passed the examinations ;

"(2) failure to provide for workers, dispatched workers, students practice safety education and training or did not accurately inform them on production safety matters;

" ( c) did not accurately record safety education and training situations;

"(d) special operations personnel are not in accordance with the provisions of safety technology specially trained and qualified personnel to operate special operations certificate for the job. "

18. Delete Article 29.

(Ii)" special operations personnel security technology training and examination regulations "to make changes.

1. First seven revised as: "the State administration of work safety (hereinafter referred to as safety supervision bureau) guidance, supervision and safety training national special operations personnel, assessment, certification, review of work; provinces, autonomous regions and municipalities administration of work safety department guidance, supervision and safety training administrative areas of special operations personnel responsible for the assessment of the administrative region of special operations personnel, certification, review of work; local people's governments above the county level of production safety supervision and management department is responsible for the supervision and inspection of the special administrative region operating personnel safety training and work certificates.

"The State Coal Mine Safety Supervision Bureau (hereinafter referred to as Coal Mine Safety Supervision Bureau) guidance and supervision of the national coal mine special operations personnel (including special equipment used in coal mine operator) safety and technical training, assessment, certification, review work; departments of provinces, autonomous regions and municipalities responsible for coal mine special operations personnel certification examination work or other designated agency guidance, supervision and safety training work of the coal mine administrative region special operations personnel responsible for the assessment of the regional administration of coal mine special operations personnel , certification, review work.

"provinces, autonomous regions and municipalities of production safety supervision and management departments and departments in charge of coal mine special operations personnel certification examination work or other designated agency (hereinafter referred to as the assessment issuing authority) It may entrust the implementation of Municipal people's Government districts of production safety supervision and management departments and departments in charge of coal mine special operations personnel certification examination work or other designated agency assessment of special operations personnel, certification, review work. "

2 in Article X added as the third paragraph:." Production units entrusted to other agencies special operations personnel safety and technical training, and technical training to ensure the safety responsibilities remain with the entity. "

Will modify Article 39, paragraph 3:." Production units use without obtaining the certificate of special operations special operations personnel job posts, shall be imposed; can 50,000 yuan fine; overdue correction, ordered to suspend business for rectification, and impose a fine of 50,000 yuan to 100,000 yuan, and the persons in charge and other directly responsible personnel directly responsible for more than 10,000 yuan a fine of 20,000 yuan. "

(Iii)" safety training management approach "to make changes

1 Article 5 shall be amended as follows:.." Security training institutions should have engaged in safety training required condition. Hazardous goods is responsible for production management and safety production, management, storage units as well as mining, metal smelting units, special operations personnel and other related personnel registered safety engineer security training institutions, it should be teachers, teaching and practice real training facilities and other conditions written report to the local production safety supervision and management departments, coal mine safety training regulators.

"Safe production-related social organizations in accordance with laws, administrative regulations and articles of association for production and business units to provide security-related training services, implementation of self-management of security training institutions, promote the upgrading of the level of safety training."

2 Article 6 shall be amended as follows:. "safety training should be conducted in accordance with the provisions of safety training program

." production safety supervision and monitoring personnel, hazardous materials, operation, storage units and non-coal mines, security and safety training program is mainly responsible for production management personnel metal smelting units, special operations personnel and associated personnel engaged in the work of production safety, the State administration of work safety organizations to develop.

"Coal mining enterprises is mainly responsible for the safety and production management personnel, special operations personnel training program developed by the organization of the State Coal Mine Safety Supervision Bureau.

" In addition to the production of hazardous substances, management, storage the main person responsible for the unit and the mining, metal smelting unit other than the production units, production safety management and safety training program to other employees, by the provincial safety production supervision and management department, the provincial coal mine safety training organizations to develop the regulatory body. ".

3 to VIII shall be amended as:" The State Administration of Work Safety officer in charge of production safety supervision provincial safety production supervision and management departments, coal mine safety supervision and training of personnel at all levels of coal mine safety supervision agencies .

"Provincial safety production supervision and management department is responsible for municipal, training of personnel at the county level of production safety supervision of production safety supervision and management department.

" Safety training of employees in production units , responsible for production and business units. Registration staff and commitment to safety evaluation

"dangerous chemicals registration authorities, counseling, testing, inspection personnel and registered safety engineer, production safety, safety training emergency personnel, in accordance with relevant laws, regulations, rules and regulations . conduct ".

4 on the ninth increase in a, as the third paragraph:" entrusted to other production units safety training institutions to ensure that responsibility for safety training remain with the entity "||. |
5 to Article 10 is revised as follows: "production units shall establish a safety management system training to ensure employees safety training requirements of practitioners and their respective positions in safety education and training; practitioners adjustment. jobs or the introduction of new technology, new technology, new equipment, new materials, should be special safety education and training without the safety education and training of qualified employees, it can not be assigned to posts.

" production and business units to use dispatched workers, dispatched workers should be included in the unified management unit employees on dispatched workers on job safety procedures and safety skills education and training. Staffing firms shall be dispatched workers to carry out the necessary safety education and training.

"Production units receiving secondary vocational schools, colleges and universities student internship, students should practice appropriate safety education and training, provide necessary protective equipment. Schools should assist production units for student internships production safety education and training.


"Employees safety training time, content, participants and assessment results, etc., production and business units shall truthfully recorded and kept on file."

6 the fifteenth amended as follows:. " safety training organization shall establish a system of work safety training and safety training staff training files related to the case should be accurately recorded and kept on file "

7 Article 18 shall be amended as follows:.".. safety supervision and monitoring personnel, associated personnel engaged in production safety work, in accordance with relevant laws and regulations shall be subject to production safety knowledge and management skills assessment of production and business units responsible for personnel and administration of production safety, safety evaluation training special operations personnel shall adhere to the teaching and testing separation, unity standards, unified exam, principle of graded responsibility, step by step implementation have remote video surveillance computer test "

8 to Article 19 shall be amended as follows:.." safety regulatory inspectors, dangerous goods production, management, storage units and non-coal mines, metal smelting unit primarily responsible person, evaluation standards of production safety management and special operations personnel, as well as associated personnel engaged in the work of production safety, the State administration of work safety to develop a unified. "the first three revised as follows: "in addition to the production, management, storage units and the mining, metal smelting unit hazardous materials other production and business units primarily responsible for production safety management and assessment standards of other employees, by the provincial safety production supervision and management departments to develop "

9 would amend Article 23 as follows:." production safety supervision after passing the examination personnel, law enforcement certificate issued by the production safety supervision; coal mine safety inspectors after passing the examination, issue of coal mine safety. supervision and law enforcement certificate; production, management, storage units and the mining, metal smelting unit is mainly responsible for dangerous goods, safety production management personnel after passing the examination, issued safety certificate; special operations personnel after passing the examination, issued a "people's Republic of China special operations certificate "(hereinafter referred to as special operations permit); registration staff after passing the examination of dangerous chemicals registration authorities issued licenses for employment; other personnel trained after passing the training certificate issued."

10. the Article 24, Article 25, Article 26 of the "security certificate" are changed to "security certificate."

11 to Article 30 of the third amended as follows: "The main person in charge of safety production management personnel receive safety knowledge and management capacity assessment of the situation;.". Added as fourth: "the case of special operations personnel holder posts;." .

12 to Article 35 is amended as: "the main person in charge of production and business units, production safety management, special operations personnel to fraud, bribery and other improper means to obtain safety certificates or special operations permit , in addition to revoke the relevant certificate, a fine of 3,000 yuan, and the date of its withdrawal from the relevant certificate within three years may not apply for the certificate again. "

(D) of the" industry and trade enterprises limited space safety management and supervision Interim provisions "to make changes.

1. To the Article VIII "and approved by the person in charge of the enterprise" to "and by the staff of the enterprise management of production safety audit, the approval of the person in charge."

2. Article 22 of the "when there are multiple contractors, industry and trade enterprises should be unified and coordinated production safety work contractor, management" to "trade enterprises should contract work safety unit coordination, management, conduct regular safety checks and found safety problems, should urge the timely rectification. " .

3 to Article 28 is amended as: "trade enterprises one of the following acts above the county level of production safety supervision and administration department shall order rectification, and may be fined 50,000 yuan; overdue correction, a fine of 50,000 yuan more than 200,000 yuan, charge and other directly responsible personnel directly responsible for more than 10,000 yuan a fine of 20,000 yuan; the circumstances are serious, ordered to suspend business for rectification: | ||
"(a) is not set safety warning signs in the limited space of the workplace;

" (2) failure to provide these provisions in line with national standards or industry standards of labor protection for workers . supplies "

4 Article 29 will be split into two, as Article 29, Article 30 and revised as follows:." Article 29 of the following industry and trade enterprises circumstances above the county level of production safety supervision and administration department shall order rectification, and may be fined 50,000 yuan; overdue correction, ordered to suspend business for rectification, and impose a fine of 50,000 yuan 100,000 yuan, 10,000 yuan more than 20,000 yuan of the person in charge and other directly responsible personnel directly responsible for:

"(a) the provisions are not in accordance with the scene of the limited space of the person in charge, monitoring personnel, work personnel and emergency rescue personnel safety training;

. "(2) failure to provide for the limited space of this work to develop contingency plans, or regular exercise

" Article 30 workers trade enterprises of the following circumstances, and above the county level of production safety supervision and administration department shall order rectification, and may be fined 30,000 yuan, a fine of less than $ 10,000 the person in charge and other directly responsible personnel directly responsible :

"(a) not in accordance with this provision for limited space job identification, propose preventive measures to establish a limited space management ledger;

" (b) not in accordance with this provision for limited space operations to develop job programs or program without the approval of unauthorized operations;

"(c) the limited space of this job is not carried out in accordance with the provisions of dangerous or harmful factors in detection monitoring, and monitoring the implementation of someone's job."

(v) "food production enterprise safety production supervision and management Interim provisions" to make changes.

1. The first article "prevention" to "prevent."

2 Article 6 shall be amended as follows:. "Employing more than 100 people in the food production enterprises should set up production safety management agency or with three or more full-time safety management personnel, safety engineers are encouraged to register with the safety engaged production management. other food producers

"other than those specified in the preceding paragraph, shall be equipped with full-time or part-time safety management personnel, commission or agency to provide safety in production safety in production services.

"Commissioned production safety agency to provide safe production technology, management services, responsibility for ensuring safe production shall also remain responsible for the enterprise."

3 Article 7 shall be amended as follows:. "Food Production enterprises should support the organization and management of production safety work safety management personnel to perform administrative duties, and to ensure that their working conditions are necessary.

"food production companies to make decisions related to production safety, production safety administration should listen to and production safety management advice, safety production management personnel shall not perform their duties according to the law and lower their wages, welfare benefits or labor contracts entered into with. ".

4 IX will be revised as:" Food manufacturers new construction, renovation and expansion projects (hereinafter referred to as Project) security facilities, with the main project must be designed, constructed and put into production and use. Investment in safety facilities shall be incorporated into the construction project budget estimates. "

5 to Article 12 is amended as follows:." Food production enterprises should establish a sound system of investigation and management of accidents, accidents governance measures clear responsibilities, funding, time frame and plan to take technical and management measures to detect and eliminate hidden hazards. Accidents investigation and management of the case should be accurately recorded, to inform employees, in accordance with regulations report to the local food producers responsible for production safety supervision department. "

6. Article 26 will be amended as follows:" Food manufacturers have one of the following acts shall be ordered to make corrections, it may be fined 50,000 yuan; overdue correction, ordered to cease rectification and impose a fine of 50,000 yuan to 100,000 yuan, and the person in charge and other directly responsible personnel directly responsible for more than 10,000 yuan to 20,000 yuan fine:

"(a) No set production safety authority in accordance with regulations or safety production management personnel;

"(ii) did not accurately record safety education and training situations;

" (iii) Failure to accidents investigation and management of the case did not accurately record or inform the employees. "

(f) of the" safe production testing and inspection agency regulations "to make changes.

1. By deleting the sixth, paragraph 7 "registered capital of not less than Grade 300 million, B is not less than 1.5 million yuan."

(G) of "safety assessment agency regulations" to make changes.

1. Deletion of Article 8, Paragraph "a registered capital of 5 million yuan or more."

2. Deletion of Article IX of the first "a registered capital of 3 million yuan or more."

(Viii) "Interim Measures for supervision and management of occupational health service institution" to make changes.

1. Deletion of Article 14, item "a registered capital of 8 million yuan or more."

2. Deletion of Article 15, paragraph "a registered capital of 5 million yuan or more."

3. By deleting the 16 Paragraph 2 "with a registered capital of 300 million yuan,." .

4 Article XVII will be revised as "proof of fixed assets;."

In addition, the order of the provisions of the relevant regulatory authorities and individual character expressions have been adjusted accordingly.

This decision shall come into force July 1, 2015.

Modify departmental regulations accordingly amended according to this Decision and promulgated anew.


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