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Chongqing Construction Engineering Safety Management

Original Language Title: 重庆市建设工程安全生产管理办法

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Chapter I General

Article I establishes this approach in line with the People's Republic of China Act on Safety Production, the Regulations on the Construction of Engineering Safety and the relevant laws and regulations, with clear responsibility for safe production, the strengthening of safe production supervision, the prevention and reduction of production safety accidents and the protection of life property security.

The safe production and supervision of construction works within the city's executive area apply.

Article III establishes a mechanism for “business responsibility, practitioners' participation, industry regulation, government inspection” in line with the “Security I, Prevention of ownership and integrated governance”.

Article IV, construction, solicitation services, surveys, design, construction, supervision, lease, testing and other units related to construction work safety production, is the subject of responsibility for the construction of work security production and assumes responsibility under the law for the construction of work safety.

Article 5 encourages the development of scientific and technical research and pilots for the safe production of works to promote the application of mature and reliable advanced production technologies to promote the production of scientific safety in construction works.

New technologies, new processes, new materials and new equipment produced for construction work safety should be used in accordance with national, industrial or local standards.

Article 6. Construction should strengthen civilization construction management, encourage the creation of safe civilization sites, guarantee the health of practitioners and promote the construction of work safety.

Chapter II

Article 7. Construction units should strictly adhere to the construction process. The construction units should, prior to their application for the start-up of the construction work permit, be able to conduct safe production announcements by sector authorities such as rural and urban construction, transport.

Article 8. Construction units should choose to select and enter into contracts with a corresponding qualified solicitation agent, survey, design, construction, custodial, etc., which should clarify the security responsibilities of the parties.

The construction units shall not impose a requirement for participation units such as solicitation agents, survey, design, construction, treasury, etc. not to compress the duration of the contract agreement.

The construction units of article 9 should include security production costs in the proposed engineering estimates, pre-(s) accounts, solicitation documents, tendering control prices and construction contracts and should not be included in tender competition projects.

Prior to construction work, construction units should be allocated to the construction units in accordance with industry provisions for the cost of safe production. During the construction process, construction units should inspect the use of safe production costs, and the construction units implement the safety and civilization construction measures.

Article 10 construction units should be fully involved in the safety management of hazardous subsectors.

In the course of the construction of sub-projects of the hazardous subsectors, the construction units should be urged to reproduce the construction units immediately after having received a report of security shocks.

Sub-projects of the hazardous subsectors encourage third-party monitoring. The legal regulations stipulate that third-party monitoring should be carried out.

Article 11. The construction units should collect accurate and complete status information on the construction site, the line adjacent to the region and the construction (construction) and provide units such as survey, design, construction, treasury.

The construction of the construction of explosions, exhumation, slopes, etc. relates to the security of both construction (construction) or land-based routes, and the construction units should oversee the development of safety protection programmes in conjunction with units such as survey, design, and routing.

Chapter III

Security responsibility for design, lease, inspection unit

The Article 12 solicitation agent shall carry out the solicitation agent operation within the delegated authority of the licensor and the solicitation agent, prepare the solicitation documents in accordance with the law and establish the qualifications of the bidder in accordance with national and industrial provisions. The solicitation agent shall incorporate the results of the security production credit evaluation into the construction of tenders, in accordance with the relevant provisions, and shall not permit the suspension or cancellation of tender qualifications by the relevant industry authorities to participate in the construction of tenders.

Article 13 presents responsibility for the production safety of the work of the survey industry. The survey unit should establish a system of safety and production security for the external industry and emergency relief advances, with a corresponding number of security producers, rigorous implementation of operational protocols and measures to ensure the safety of all types of routing, facilities and the surrounding construction (construction).

Article 14. Surveys, design units should be surveyed, designed in accordance with legal regulations and mandatory standards, and should be designed in accordance with the requirements for construction safety operations and protection, with a focus and link on construction safety, such as syllabus, pit excavations, and in the hidings of the ground, as indicated in the survey, design documents, to make observations on the prevention of accidents in production safety, and to provide a technical basis for the construction units before the start of the work.

Surveys, design units should work together with construction units to develop specialized construction programmes for the safety of hazardous subsectors and participate in the programme log.

Article 15. The rental unit of machinery, equipment and components, such as the rental construction of a heavy machinery, the abolition of the basket, the steel pipeline and the deduction, shall ensure that the taxed products are in accordance with industry norms and requirements and that, when the lease agreement is concluded, there should be a authentic and effective product qualification certificate, testing of qualifications.

Article 16 test units should be responsible for the testing of construction facilities such as heavy machines for the testing of qualified construction works. During the testing process, the detection units found significant security hidden and should be informed in a timely manner of the immediate cessation of the use of the mandated units and reporting to the industrial authorities responsible for the regulation of the project.

Chapter IV Security responsibilities for construction units

Article 17 The construction unit is responsible for the construction of construction safety and should obtain a security production licence under the law, establish specialized security production management bodies, establish a security production assurance system, establish a safety accident emergency response, and implement standardized management of the construction work on the construction site, as required.

Article 18

Project heads are responsible for the construction of work safety.

The construction site-specific security production manager is responsible for conducting on-site inspections of construction safety production.

Article 19 The head of the construction unit, the project manager shall inspect and take the production of the construction works in accordance with the provisions.

Article 20 should establish a management system for the construction of a cost-use management system for the production of work safety, which shall be used in accordance with the provisions. The cost of safe production should be established separately and earmarked in financial accounts, with no expropriation.

Article 21, the construction unit shall identify and demonstrate the work of the larger sub-sectors of risk.

Prior to the implementation of the hazardous sub-projects, the construction units shall organize, validate, review security-specific construction programmes in accordance with the prescribed procedures, and carry out the lead, construction, inspection and monitoring in accordance with the audited security-specific construction programme.

Article 2

The construction unit shall perform the following written notification obligations:

(i) Risk factors in workplaces and jobs;

(ii) Operational arrangements for hazardous posts;

(iii) Harmony;

(iv) Preventive measures for safety accidents and occupational hazards;

(v) Emergency measures in the event of emergencies;

(vi) Other matters to be communicated.

Article 23.

(i) To know the dangers and hazards of operations;

(ii) Recommendations for improvement, criticism, reporting and complaints on the safety of construction operations;

(iii) The right to occupational health and health security;

(iv) Denial of unconstitutional command and heavy risky operations;

(v) The immediate cessation of operations or the evacuation of dangerous areas after the necessary emergency measures are identified in the construction;

(vi) Access to safe production education and training;

(vii) Other rights provided for in the legislation.

Article 24 shall perform the following obligations:

(i) A corresponding certificate of employment under the law;

(ii) Observance of mandatory standards, regulations and operational protocols for the production of security;

(iii) The right use of safety-protection supplies, mechanical equipment;

(iv) Compliance with the management of safe production;

(v) Access to safe production education and training and participation in safe emergency response exercises;

(vi) Other obligations under legal regulations.

Chapter V

Article 25

The construction planning of the construction of the engineering institution should be characterized by a security prison. The rules for the planning and administration of justice should include the content of the work under the sub-item of the hazardous division.

In accordance with the provisions for the clearance of specific security construction programmes, the Office of the High Commissioner shall carry out on-the-job management of the work under the larger subsection of the hazardous division, which exceeds a sizeable risk.

The institution should establish the responsibility for the construction of the work safety management system, specifying the responsibilities of the General Inspector General for Engineers, the Professional Engineers, and the Director-General's security office.

The staffing of the construction manager should be consistent with the provision and with the contract agreement.

Article 26

The responsibilities of the responsibilities of the responsibilities of the Chief of Professionals, the custodian, are responsible for the safety and production of the custodial or professional scope.

The judge shall not sign false technical documents.

Article 27 shall perform the following review responsibilities:

(i) Examine whether the construction unit has a security production permit and corresponding qualifications and whether it is fully staffed with the project manager of the contract agreement, the full-time security production manager and special operating personnel;

(ii) Examine whether the construction unit has established a security production authority and whether the regulations for security production are established and implemented;

(iii) Review whether the construction unit has established a safe production cost use plan, security technology measures, safety-specific construction programmes and the development and implementation of emergency relief scenarios;

(iv) Examine whether the construction units maintain maintenance and inspection of mechanical equipment and construction machines as required;

(v) Review whether the construction unit conducts training for safe production education, as prescribed;

(vi) Other matters of review under legislative and mandatory standards.

The review of the treasury of the discovery of non-required requirements should require that the construction unit be restructured; the construction unit is not restructured, and the institution should report to the relevant industry authorities in a timely manner.

Article 28 should conduct an inspection of the construction on-site security production, identify the hidden security accidents, communicate the construction units in writing and promote their immediate rejuvenation, and, in serious circumstances, require the construction units to be discontinued while reporting on the construction units. After the construction unit has been restructured, the treasury units should check the results of the change and comply with the required issuance of the engineering order.

The construction unit refuses to renovate or to stop renovation, and the institution should report to the industrial authorities regulating the construction.

Chapter VI Oversight management

Article 29 regulates the safe production supervision of the Government of the municipality, the District (Autonomous Region) and the People's Government.

Article 31: The relevant industrial authorities of the Government of the municipality, the District (Autonomous Region) are responsible for the safety monitoring of the construction of the industry in accordance with the principle of “ever approval, who is responsible” according to their respective responsibilities:

(i) The urban and rural construction authorities are responsible for the safe supervision of housing buildings and municipal infrastructure works;

(ii) The transport authorities are responsible for the safety monitoring of roads, water works;

(iii) The security oversight management of construction work fire safety and detonation operations;

(iv) The administrative authorities of the land tenure are responsible for the management of land renovations, the management of special geo-disaster governance, the renovation of towns and the safe supervision of the demolition of urban homes;

(v) The municipal authorities are responsible for the safe supervision of the construction of municipal infrastructure, such as roads, bridges, tunnels, drainage, sanitation and lighting;

(vi) The water authorities are responsible for the management of the safety oversight of the water work;

(vii) The parking sector is responsible for the management of safety oversight of the greening works;

(viii) The Quality Monitoring Service is responsible for the safe supervision of special equipment such as the Integrated Management Construction Engineering;

(ix) The economic and informationization sector or the parking committee are responsible for the safety monitoring of industrial park construction works.

The relevant units, such as communications, electricity, railways, civil aviation, are responsible for the safe supervision of professional construction works in the industry.

The Government of the town (communication) is responsible for the security supervision of construction works in the town of the Territory, in accordance with the Regulation on Planning for the Construction of the Towns of the Sherat City.

The industrial authorities, such as rural and urban construction, transport and water, can entrust the construction of a safety production monitoring body with specific implementation.

In the case of a new license for the safe production of professional works such as transport, water, dismantlement, the municipal and rural construction authorities should seek advice from the industrial authorities of the professional engineering industry and the relevant industry authorities should review the conditions for the safe production of professional engineering enterprises and respond to written observations in a timely manner.

The dynamic regulation of the conditions for the safe production of professional construction enterprises is carried out by the competent professional engineering industry authorities, which find that there is no conditions for safe production and should be transferred to the urban and rural construction authorities in accordance with the law.

Article 34, the construction of a safe production monitoring management of works should include the process of solicitation of tenders (continuation, roll-out), survey, design, construction, completion and inspection.

Article XV Industry authorities, such as urban and rural construction, transport and water, should develop safety oversight protocols for the industry.

Security oversight bodies should develop oversight workplans for the construction of work procedures, such as construction permits, to identify aspects such as engineering supervisors, oversight time, oversight content, supervision and supervision of frequency.

Security monitors should conduct safety oversight in accordance with the oversight workplan.

The construction works, such as construction permits, have not been carried out by law, and industry authorities, such as rural and urban construction, transport, should be inspected by law.

Article 36 Safety monitoring of construction on the ground is subject to more than two and produces valid documents. Security supervisors should make a written record of inspection and processing, and signed by security supervisors and the relevant heads of the inspector's construction, construction, treasury units; refuse to sign, the security monitors should record the case.

The investigation into the construction of a security accident in the production of work shall be carried out in accordance with the relevant legislation and shall involve the relevant industry authorities, and the members of the accident investigation team shall sign in the accident investigation report. The accident survey reports should be made public in accordance with the law and communicated to the relevant sectors. Security regulatory responsibility is disputed in the accident survey, which is determined by the Committee on the Safety and Production of the People's Government of the municipality, the District (Autonomous Region).

Chapter VII Legal responsibility

The administrative penalties provided for in this approach are carried out by sectoral authorities such as urban and rural construction, transport, water and quality.

Article 39, construction units violate the provisions of this scheme, with one of the following acts, fines of up to 30,000 dollars:

(i) Non-implementation of the work of the larger subsection of hazardous sections;

(ii) After having received reports of the existence of security features under the larger subsection of hazardous sections, no construction units have been promoted;

(iii) No effective measures have been taken to protect both the construction (construction) and the underground line.

Article 40: The solicitation agent, the survey unit, the design unit, the equipment rental unit and the inspection unit have one of the following acts:

(i) The solicitation agent violates article 12 of this approach;

(ii) The investigation units violate articles 13 and 14 of this approach;

(iii) Design units violate the provisions of article 14 of this approach;

(iv) The rental unit violates article 15 of the scheme;

(v) The inspection unit violates article 16 of this approach.

Article 40 states that the construction unit violates the provisions of this scheme with one of the following acts, with a fine of up to 30,000 dollars:

(i) The head of the construction unit, the head of the project, did not carry out the manual inspection and the production of the project;

(ii) The full-time security production manager is not justified;

(iii) The construction unit did not establish a security production cost use desk alone;

(iv) Violations of article 21 of this approach;

(v) No notification of obligations under article 22 of this approach;

(vi) Instructions of security accidents are not restructured within the prescribed time period or are not in compliance with requirements.

Article 42 states that, in violation of this scheme, the engineering inspectorate has one of the following acts, with a fine of more than 30,000 dollars:

(i) The construction plan does not contain a dedicated security office;

(ii) Non-implementation of the rules or non-implementation of the rules for the safety of the Chief of the Engineering Section against the risk;

(iii) No obligation under article 27 of this approach;

(iv) It was found that the security accident implied that the construction unit was not restructured or stopped.

Article 43, the head of the construction unit project did not fulfil the responsibility for safe production under article 18 of the scheme, with a fine of more than 5,000 dollars.

The full-time security production manager has not fulfilled its security production responsibilities under article 18 of this scheme by fines of more than 5,000 dollars.

In violation of the provisions of this approach by the Engineering Prosecutor, there are one of the following acts, with a fine of more than 1 million dollars in 2000:

(i) Failure to carry out on-site inspections in accordance with the provisions for the work of a larger subsection of risk, or to implement sub-projects that exceed a certain scale of risk;

(ii) To sign false technical documents.

Article 41XV, in violation of article 24, subparagraphs (ii), (iii), (iv), of this approach, provides for a fine of up to 1000 dollars in the construction unit:

(i) There is no right use of security protection supplies;

(ii) The absence of a stand-alone protection facility;

(iii) Removal of objects without command;

(iv) The use of damaged electrical protection facilities and the use of electric equipment in contravention;

(v) Other construction field violations.

Article 46 contains one of the following acts by the security supervisors of the executive branch, which causes serious consequences and is subject to administrative disposition by law; suspected crimes are brought to justice by law:

(i) No oversight in accordance with the oversight workplan;

(ii) The discovery of non-compliance with the provisions;

(iii) Complaints, reports inadmissible, or if they are not dealt with in accordance with the provisions;

(iv) To request or accept the property of another person or to seek other benefits.

In one case, the security monitors do not assume administrative responsibility:

(i) Production of safe accidents due to force majeure;

(ii) The construction of a security accident, such as the absence of a construction permit;

(iii) Responsibilities for the construction of engineering responsibilities, the subject of construction responsibilities has refused to reproduce or to produce safety accidents within the time frame;

(iv) The failure to properly perform regulatory responsibilities owing to the concealment, deception of the subject of construction work responsibilities;

(v) The suspension or termination of construction works and the cessation of security accidents following safety oversight;

(vi) Security monitors have discharged their duties in accordance with the oversight workplan.

Chapter VIII

Article 47 governs the safe production of military construction works and of risk-recovery projects and does not apply this approach.

Article 48 is implemented effective 1 May 2015.