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Regulations of Tianjin Municipality on the Safety Control of Hazardous Chemical Enterprises

新闻日期: 2015-10-20    文章来源:

The People’s Government of Tianjin Municipality

Decree 22

The Regulations of Tianjin Municipality on the Safety Control of Hazardous Chemical Enterprises was adopted by the 57th Executive Meeting of the Municipal People’s Government on September 6, 2015 and is hereby promulgated. These Regulations shall go into effect upon promulgation.

Mayor Huang Xingguo 
Tianjin Municipality
September 7, 2015

Regulations of Tianjin Municipality on the Safety Control of  Hazardous Chemical Enterprises

Chapter I  General Provisions


Article 1  These Regulations are enacted in accordance with relevant laws and regulations and in the light of the actual condition of this Municipality with the purpose of reinforcing the safety control of the operation of hazardous chemicals in a comprehensive way, strictly holding the enterprise responsible as the subject for operation safety, the department concerned responsible for supervision, and the government responsible for administration in the area under its jurisdiction, preventing hazardous chemicals-related accidents, safeguarding the personal and property safety of the masses of the people, and protecting environment.
Article 2  These Regulations shall apply to the enterprises based in areas under the jurisdiction of this Municipality that produce, warehouse, use, operate in or transport hazardous chemicals (hereinafter referred to as hazardous chemical enterprises) in terms of safety control.
Article 3  The hazardous chemical enterprises shall, regarding safety control, adhere to the principal of safety and prevention first, abidance of law and regulations, bearing responsibility, controlling risks through the joint efforts by the whole society.
Article 4  The safety control in hazardous chemical enterprises aims at a scientific distribution of hazardous chemical enterprises, remarkable enhancement of safety level, timely eradication of safety risks and marked improvement of safety production environment.
Article 5  The Municipal., district and county people’s government shall be in charge of the safety control work of the hazardous chemical enterprises based in the area under their jurisdiction respectively, bear the responsibility of administration of the area under its jurisdiction, publish the power list and responsibility list of the supervisory department for safety control of hazardous chemical enterprises.
The departments of the Municipal people’s Government, and the district and county people’s government shall, in accordance with the safety in production responsibility system of Tianjin Municipality, implement a responsibility system where the administrative head takes the charge of the safety control of hazardous chemicals enterprises.
The government delegated administrative organs of the township or town people’s government, sub-district office and the management organization of the development zone shall fulfill the duties and responsibilities concerning the safety control of hazardous chemical enterprises by assisting the relevant departments of the people’s government of the next higher level, and bear the administrative responsibility over the area under its jurisdiction.

Chapter II  Supervisory and Administrative Responsibilities

Article 6  The Municipal, district and county people’s governments shall call periodic joint meetings concerning safety control of hazardous chemicals to make an annual supervisory plan, communicate relevant information, study, coordinate and solve major problems regarding the safety control work of the hazardous chemical enterprises.
Article 7  The production safety supervisory and administrative department shall be in charge of the comprehensive work regarding safety control of the hazardous chemical enterprises and assumes the duties and responsibilities of the office of the joint meeting of hazardous chemicals safety control and administration.
The Municipal safety production supervisory and administrative department shall, in accordance with the requirements stipulated in the relevant laws, regulations and rules regarding hazardous chemical administration, draw up a unified citywide inspection standard and items regarding hazardous chemical enterprises, in collaboration with the relevant departments and announce it to society.
Article 8 The Municipal production safety  supervisory and administrative department, public security, market inspection, traffic and transportation, environmental protection, commerce, maritime affairs and postal department that have duties and responsibilities in supervising and administering safety control of hazardous chemicals (hereinafter referred to as the duty bound department for safety control) shall, depending on their duties and responsibilities, exercise safety control of hazardous chemical enterprise in accordance with law.
The competent department of the industry, supervisory department for areas subject to special supervision and administration shall, in line with the requirements of safety comes first in all administrative work of industry, business and production, reinforce the implementation of safety production responsibilities, fulfill the duties and responsibilities concerning the safety control of hazardous chemical enterprises.
Other related departments shall fulfill the duties and responsibilities regarding production safety, so as to provide a back-up and guarantee for the safety control of hazardous chemical enterprises.
Article 9  Where a hazardous chemical enterprise that registers in one place and produces and operates in another, it shall be placed under the supervision of the duty-bound department for safety control of the place of production and operation, and the duty-bound department for safety control of the place of registration shall render assistance and inform on it’s own initiative the related department of the enterprise’s registration information.
Article 10  The Municipal duty-bound department for safety control shall determine the kind of major hazardous chemical enterprises under its supervision and administration. The district and county duty-bound department for safety control shall exercise supervision and administration of the hazardous chemical enterprises in the area under its jurisdiction.
The Municipal, district and county duty- bound department for safety control shall announce in full the kind and name of the enterprises under its supervision and administration

Chapter III Responsibility of the Enterprise as the Subject

Article 11  The hazardous chemical enterprise shall fulfill the responsibility for production safety as the subject, conduct acts of production and operation in accordance with laws, regulations, rules and industrial standards , and subject itself to the societal supervision and bear societal responsibility.
The chief responsible person of hazardous chemical enterprises shall be held responsible for production safety in the enterprise.
Article 12  The hazardous chemical enterprise shall establish a self- inspection system for the safety in production and single out the following items for self- inspection:
(1) The implementation of the production safety responsibility system, administrative rules for production safety, and the safety operation procedures;
(2) The financial input in production safety;
(3) The implementation of the safety training system for the chief responsible persons, safety administrative persons and other employees, the qualifications of special trade operators;
(4) The normal functioning of safety facilities, equipment and installations, freedom of potential risks;
(5) Safety administration at the high- risk scene and the use of high-risk  technology, of open fire, operations involving poisonous and harmful substances, operations in cramped space, explosion and operations at a height;
(6) The keeping of a file of records for major dangerous sources, of risk identification and measures of on-the-spot supervision and control;;
(7) The implementation of the measures of inspection of potential risk and its handling;
(8) The test results of safety know-how examination of enterprise’s chief responsible person, safety production administrative persons by the competent department;
(9) The making of emergency response plan, provision of necessary guarantees and targeted emergency rehearsal and its assessment;
(10)  Items for self-inspection by the trade association; and
(11)  Other items as proscribed by laws, regulations and rules.
Hazardous chemical enterprise shall, in accordance with regulations, makes self- inspection of the fulfillment of responsibilities as the subject, prepares a self-inspection report and files it for the record.
Article 13  In a hazardous chemical project the safety distance shall strictly comply with the state regulations and standards of the matching categories. The construction, design units, executing unit and safety evaluation organ shall strictly abide by and carrying out the regulations and standards;
The evaluation and approval department of the project design and programme shall strictly examine the safety distance of the hazardous chemical construction projects and solicit the opinion of the production safety supervision and administrative department of thec same level, and the construction project of hazardous chemical warehouses, loading and unloading facilities at port shall solicit the opinion of the port administrative department. The production safety supervision and administrative department and the port administrative department shall make a reply within 3 workdays.
The newly built, renovated and expanded projects in the vicinity of a existing hazardous chemical construction project shall comply with the relevant state regulations and standards regarding safety distance.
Article 14  Hazardous chemical enterprises shall set up a risk control system by which to identify and analyze hazardous and harmful factors in the equipment operation, personal operation, technology procedure and safety facilities, and take valuation measures by appropriate methods to conduct risk assessment and take immediate response measures.
Article 15  Hazardous chemical enterprises shall place major dangerous sources and spots under stricter safety administration and maintain an online round- the- clock monitoring by means of logistics networking and big data and arrange for manned inspection so as to detect problems for immediate rectification.
Hazardous chemical enterprises shall provide the duty-bound department for safety control a timely, accurate basic data and information concerning businesses related to safety and monitored data.
Article 16  Hazardous chemical enterprises shall set up a check, repair, and revoke system for safety equipment and facilities and ensure the normal functioning of these equipment and facilities.
It is strictly forbidden that the hazardous chemical enterprises equipped with the warning system and interlocked equipment stop its use without authorization;
Article 17  Hazardous chemicals shall be stored in the special warehouses, lots or special indoor spaces by the category and in separate places, It is strictly forbidden to warehouse hazardous chemicals exceeding the range and quantity as required and store different kinds of hazardous chemicals all in the same place.
Article 18  The qualified hazardous chemical road transport enterprise shall use special vehicles and it shall not transport hazardous chemicals exceeding its designed capacity, or transport hazardous chemicals mixed up with other ordinary merchandise or transport the hazardous chemicals that may cause reactions in the same vehicle.
Drivers, loading and unloading operators, escorting guards shall pass the examination by the transport administrative department and acquire matching qualifications. Hazardous chemical transport vehicles shall be painted with, or hang warning signs in accordance with state standards.
Anyone that transports extremely poisonous chemicals shall do so strictly in accordance with the instructions carried in the transport permit issued by the public security organ.
Article 19  Where a hazardous chemical enterprise rent out equipment and facilities, or operational spaces, the safety control work concerning production safety of the tenant shall be administered in a coordinated way.

Chapter IV  Comprehensive Control Measures

Article 20 This Municipality shall, in accordance with relevant regulations, tighten the examination and approval of hazardous chemical projects and will not approve, in principle, hazardous chemical projects apart from the major state and Municipal level hazardous chemical projects.
The distribution of hazardous chemical projects in this Municipality shall take into consideration of the coordination of regional economical and social environmental factors, safety capacity and the reasonableness of the regional production chain.
Where an existing hazardous chemical enterprise imposes major safety risks in violation of the state safety distance requirement, it shall stop production or operation or move out to other places.
Article 21  The duty-bound department for safety control shall make a supervision and inspection plan, determine the frequency, method of, and major industry and main contents for inspection.
Article 22  Simultaneously with the penalties meted out against the illegalities of hazardous chemical enterprises, this Municipality reinforces the day-to-day supervision and administration of such enterprises by instituting a score-based administrative system.
The Municipal production safety supervision and administration department shall, in collaboration with other related departments, work out the standard and the supervisory measures against the slight illegalities and violations of regulations and exercise stricter supervision over the hazardous chemical enterprise whose scores are deducted to a certain level during a scoring period.
Article 23  The duty-bound department for safety control shall announce the name of  enterprises that commit any one of the following acts by means of the enterprise credit public announcement system.
(1) An enterprise that is given administrative sanction two times or more within a year due to production safety problems;
(2) An enterprise that fails to do self-inspection in accordance with regulations;
(3) An enterprise that fails to timely remedy the problem detected in the self-inspection;
(4) An enterprise that fails to take steps to timely remedy the problem detected in the inspection by supervisory and administrative department or fails to do so before the deadline expires;
(5) An enterprise that fails to provide a timely, accurate data concerning safety related business and monitored data;
(6) Expands, renovating a hazardous chemical project without first obtaining approval documents or authorization;
(7) An enterprise that refuses to act as instructed by the supervisory and administrative department; and
(8) Other acts as proscribed by laws, regulations and rules.
Stricter supervision and administration shall be imposed on the hazardous chemical enterprise that commits any one of the above-mentioned acts and the related department shall be informed of the name of the enterprise and it shall, in accordance with law, be prohibited or restricted in terms of project verification and approval, land use examination and approval, governmental procurement, engineering project bid and invitation to bid, examination of the qualification for entry and exit.
Article 24  The Municipal production safety supervision and administration department shall set up a supervisory platform or a “net” covering every aspect of the safety monitoring work. The duty-bound department for safety control shall provide the supervisory platform with the information in its possession concerning the hazardous chemical enterprises and administrative law enforcement for the purpose of the communication and sharing of supervisory information.
Article 25  The governmental achievement-based examination shall increase the score value attached to production safety and strictly enforce the system where a production safety accident nullifies all the achievements so far.
Article 26  The duty-bound departments for safety control shall strictly fulfill its supervisory duties and revokes any hazardous chemical enterprise that produces or operates without license or approval document.
The production safety supervisory and administrative department shall, as need arises, arrange related departments for a joint law enforcement to check up and handle illegalities involving hazardous chemicals. 

Chapter V  Third Party Participation in the Handling

Article 27 The production safety and other trade associations shall urge the hazardous chemical enterprises to reinforce self-discipline, guide the enterprises to fulfill the responsibility as the subject, maintain the order of safety production in the industry, boycott and rectify illegalities and regulation violations and assist the related departments in doing a good job in the rectification work and provide the hazardous chemical enterprise with technological information consultation and safety training.
Article 28  The duty-bound department for safety control shall set up an expert bank specializing in production safety of hazardous chemicals, establish a mechanism aimed at enrolling experts in technical service ,inspection and decision making.
Article 29  This Municipality encourages and supports safety assessment organ and other intermediary service organs to participate in safety administration such as inspection and eradication of production safety risks and production safety assessment.
Article 30  This Municipality encourages insurance organs to give full play to the insurance mechanism and the insurer shall provide related safety service in an active way.
Article 31  The duty-bound department for safety control shall set up a sound reward- based tip off system by which to encourage and accept the tip off and supervision of the society.
Article 32  This Municipality reinforces the publicity drive for the laws, regulations and rules governing hazardous chemical safety control and production safety knowledge, intensifies the safety training and education of the employees of the hazardous chemical enterprises and supervisors of related government departments, and raise the awareness of the whole society regarding the safety control and risk prevention of hazardous chemicals.

Chapter VI  Legal Liabilities

Article 33  Where any violation of these Regulations has been punished by administrative sanctions in accordance with laws, regulations and rules, these laws, regulation and rules shall prevail.
Article 34  Where a hazardous chemical enterprise commits any of the following acts, the duty-bound department for safety control shall impose harsher punishment on it in accordance with related laws, regulations and rules:
(1) Producing, operating in or warehousing hazardous chemicals beyond its qualifications and its capacity;
(2) Failing to equip the enterprise with safety administrative organ or persons in violation of regulations;
(3) Failing to timely remedy a risk detected that may lead to an accident
(4) The method, way of storage or the quantity of hazardous chemicals do not comply with the state standards or regulations; and
(5) Renovating or expanding a hazardous chemical construction project without first obtaining the approval documents.
Article 35  Where a hazardous chemicals enterprise fails to self-inspect itself in violation of the regulations, the duty- bound department for safety control shall order it to make corrections before a deadline and may impose a penalty of not less than 5,000 yuan but not more than 30,000 yuan.
Article 36  Where a hazardous chemicals enterprise fails to provide timely, truthful and accurate monitor data concerning safety of its business, the duty- bound department for safety control shall order it to make corrections before a deadline and may impose a penalty of not less than 10,000 yuan but not more than 30,000 yuan.
Article 37  Where a hazardous chemical enterprise does not possess the conditions to ensure safety in production as specified in laws, regulations, rules and standards, or it still does no possess such conditions after stoppage for rectification, the duty-bound department for safety control shall apply to the government for its closure in accordance with law and within the department’s authority of powers. The related departments shall revoke its relevant certificates and license.
The Municipal, district and county people’s government shall, simultaneously with making the decision to close down the enterprise, set up an ad hoc working group to be in charge of the details for its closure.
Article 38  Where the duty-bound department for safety control discovers any acts it handles constitutes a crime and the offender shall bear criminal responsibilities, it shall transfer the case in time to the public security organ or the prosecutor organ.
Article 39  Where any of the functionaries of the duty-bound department for safety control, in the handling of safety control case of hazardous chemicals, abuses his powers, neglect of his duty, resorts to malpractice for personal gains shall be investigated for criminal responsibilities where it constitutes a crime, or given a sanction where it does not yet constitute a crime.

Chapter VII  Supplementary Provisions

Article 40  The safety control of hazardous chemicals of the healthcare and medical institutions, schools, scientific research institutions, people’s organizations and other economic organizations shall be handled with reference to these Regulations.
Article 41  For the purpose of these Regulations, the hazardous chemical means extremely poisonous chemicals or other chemicals that possess poisoning, erosive, explosive, combustible or inflammable nature or have an adverse impact on human body, facilities or environment.
The safety administration of chemicals under control, medicine or pesticide that fall into the category of hazardous chemicals shall abide by these Regulations. Where it is stated otherwise in laws and administrative regulations, these laws and administrative regulations shall prevail.
These Regulations do not apply to the safety control of civil explosives, fireworks and firecrackers, radioactive materials, nuclear substance and hazardous chemicals used in scientific research and production for national defense.
The handling of discarded hazardous chemicals shall comply with the laws and regulations issued by the State Council or this Municipal concerning environmental protection.
Where it is stipulated otherwise in laws and regulations for the safety administration of fuel gas, these laws and regulations shall prevail.
Article 42  These Regulations shall go into effect upon promulgation.

 


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