Measures for the Implementation of Work Safety Licenses of Hazardous Chemical Production Enterprises (2017 Amendment)

Measures for the Implementation of Work Safety Licenses of Hazardous Chemical Production Enterprises (2017 Amendment) Measures for the Implementation of Work Safety Licenses of Hazardous Chemical Production Enterprises (Issued by Order No. 10 of the State Administration of Work Safety and the State Administration of Coal Mine Safety on May 17, 2004; revised for the Measures for the Implementation of Work Safety Licenses of Hazardous Chemical Production Enterprises , by Order No. 41 of the State Administration of Work Safety on August 5, 2011; amended for the Decision of the State Administration of Work Safety on Repealing and Amending Seven Sets of Rules Involving Hazardous Chemicals and Other Fields , by Order No. 79 of the State Administration of Work Safety on May 27, 2015; and amended for the Decision of the State Administration of Work Safety on Amending and Repealing Some Rules and Regulatory Documents of the State Administration of Work Safety, by Order No. 89 of the State Administration of Work Safety on March 6, 2017) Chapter I General Provisions Article 1 To strictly regulate the work safety conditions of hazardous chemical production enterprises and do a good job in the issuance and management of work safety licenses for hazardous chemical production enterprises, these Measures are formulated in accordance with the Regulation on Work Safety Licenses , the Regulation on the Safety Management of Hazardous Chemicals and other laws and administrative regulations. Article 2 The “hazardous chemical production enterprise” as mentioned in these Measures (hereinafter referred to as the “enterprise”) refers to a legally established enterprise which engages in the production of final products or intermediate products as listed in the Catalogue of Hazardous Chemicals after obtaining a business license or business approval document. Article 3 An enterprise shall obtain a work safety license for hazardous chemicals (hereinafter referred to as a “work safety license”) according to the provisions of these Measures. An enterprise that fails to obtain a work safety license shall not engage in the production of hazardous chemicals. Article 4 The principle of “application by an enterprise, two-level issuance and territorial supervision” shall apply to the issuance and management of work safety licenses. Article 5 The State Administration of Work Safety shall guide and supervise the issuance and management of work safety licenses across the country. The work safety supervision and administration department of a province, autonomous region, or municipality directly under the Central Government (hereinafter referred to as the “provincial work safety department”) shall be responsible for the issuance and management of work safety licenses for enterprises within its administrative region except central enterprises and their directly controlled enterprises involved in the production of hazardous chemicals (headquarters). Article 6 The provincial work safety administrative department may delegate the issuance of work safety licenses within its authority to the work safety administrative department at the level of a districted city or at the county level of the place where an enterprise is located. The issuance of work safety licenses for enterprises involved in the production of highly toxic chemicals shall not be delegated. The issuance of work safety licenses for enterprises involved with dangerous chemical techniques or hazardous chemicals under major supervision as announced by the State Administration of Work Safety shall not be delegated to the work safety administrative department at the county level. The delegated work safety administrative department at the level of a districted city or at the county level shall, within the scope of delegation, grant licenses in the name of the provincial work safety administrative department, but shall not delegate the issuance of licenses to any other organization or individual. The State Administration of Work Safety, the provincial work safety administrative departments and the delegated work safety administrative departments at the level of a directed city or at the county level are together referred to as the implementation organs. Article 7 The provincial work safety administrative department shall announce the delegated work safety administrative departments at the level of a districted city or at the county level and the delegated matters. The provincial work safety administrative department shall guide and supervise the issuance of work safety licenses by the delegated work safety administrative departments at the level of a districted city or at the county level, and be responsible for the legal consequences thereof. Chapter II Conditions for Applying for a Work Safety License Article 8 The site selection, layout and design of an enterprise and its distance from important places, facilities and regions shall meet the following requirements: 1. the Industrial policies of the state and the planning and layout requirements of the local people's government at or above the county level; a new enterprise shall be established within an area that is exclusively used for the production and storage of hazardous chemicals as planned by the local people's government; 2. The distance between the devices for producing hazardous chemicals or the storage facilities of large quantities of hazardous chemicals which constitute major hazard installations and the eight types of places, facilities and areas prescribed in paragraph 1 of Article 19 of the Regulation on the Safety Management of Hazardous Chemicals shall comply with the provisions of the relevant laws, regulations, rules and national or industrial standards; and 3. The general layout shall meet the requirements of such standards as the Code for the Design of General Plot Plan and Transportation of Chemical Industrial Enterprises (GB50489), the Code for the Design of General Plan of Industrial Enterprises (GB50187) and the Code for the Fire Protection Design of Buildings (GB50016). Petrochemical enterprises shall, in addition to meeting the conditions prescribed in paragraph 1 of this Article, meet the requirements of the Code for the Fire Prevention Design of Petrochemical Enterprises (GB50160). Article 9 An enterprise's factories, work places, storage facilities and safety facilities, equipment and techniques shall meet the following requirements: 1. A new construction, reconstruction or expansion project shall be designed, manufactured and constructed by entities meeting qualifications prescribed by the state; and the devices involving dangerous chemical techniques or hazardous chemicals under major supervision shall be designed by chemical or petrochemical design entities holding the comprehensive class-A qualification or the class-A design qualification in the chemical or petrochemical industry; 2. Techniques and equipment clearly eliminated or prohibited by the state or endangering work safety shall not be used; newly developed production techniques of hazardous chemicals shall gradually reach industrial production on the basis of low rate trial production, pilot-scale experiments and industrial experiments; and the chemical techniques used for the first time in this country must be subject to the safety reliability demonstration organized by the relevant department of the provincial people's government; 3. The devices involving hazardous chemical techniques or hazardous chemicals under major supervision shall be equipped with the autonomic control system; large chemical devices involving dangerous chemical techniques shall be equipped with the emergency shutdown device; and the places involving inflammable, explosive, poisonous or toxic gas chemicals shall be equipped with alarms of leakage of inflammable, explosive, poisonous or toxic substances and other safety facilities; 4. Production areas and non-production areas shall be separated, and the distance between them shall meet national or industrial standards; and 5. The distance between the production devices and storage facilities of hazardous chemicals and between them and constructions (structures) shall meet the relevant standards and specifications. The setup of equipment, facilities and constructions (structures) within the same factory shall be governed by the provisions of the same standards. Article 10 An enterprise shall have the corresponding occupational hazard protection facilities, and provide workers with labor protection products meeting the national or industrial standards. Article 11 An enterprise shall, according to the Identification of Major Hazard Installations for Hazardous Chemicals (GB18218), identify major hazard installations of its production, storage and usage devices, facilities or places. The Interim Provisions on the Supervision and Administration of Major Hazard Installations for Hazardous Chemicals shall apply to the production and storage facilities which have been determined as major hazardous installations. Article 12 An enterprise shall set up a work safety management body according to law, and have full-time work safety managers. The full-time work safety managers must meet the demand of work safety. Article 13 An enterprise shall establish a work safety responsibility system for all personnel to ensure that the work safety responsibility of each worker matches the worker's position or post. Article 14 An enterprise shall make and improve the following major work safety rules according to the actual condition of chemical techniques, devices and facilities: 1. rules on work safety meetings, such as regular meetings on work safety; 2. rules on safety input guarantee; 3. rules on work safety rewards and punishments; 4. rules on safety training and education; 5. rules on the rotational on-site guidance by leaders; 6. rules on the management of special operators; 7. rules on safety inspection and elimination and treatment of hidden troubles; 8. rules on the appraisal and safety management of major hazardous installations; 9. rules on modification management; 10. rules on emergency management; 11. rules on the management of work safety accidents or major incidents; 12. rules on fire-proof, anti-explosion, anti-poison and anti-leakage management; 13. rules on the safety management of techniques, equipment, electric instruments and public utility projects; 14. rules on the safety management of such operations as fire operation, access to restricted space, hoisting, elevation, blinding-pipeline, ground breaking, roadblock, and equipment inspection and maintenance; 15. rules on the safety management of hazardous chemicals; 16. rules on occupational health management; 17. rules on the management of use and maintenance of labor protection products; 18. rules on the management of contractors; and 19. rules on the periodical amendment of safety management rules and operating procedures. Article 15 An enterprise shall make the operating safety procedures for posts according to the characteristics of production techniques, technologies and ......