Measures for the Implementation of the Permits for the Safe Use of Hazardous Chemicals (2017 Amendment)

Measures for the Implementation of the Permits for the Safe Use of Hazardous Chemicals (2017 Amendment) Measures for the Implementation of the Permits for the Safe Use of Hazardous Chemicals (Issued by Order No. 57 of the State Administration of Work Safety on November 16, 2012; amended for the first time according to the Decision on Repealing and Amending Seven Sets of Rules Involving Hazardous Chemicals and Other Fields of the State Administration of Work Safety on May 27, 2015, by Order No. 79 of the State Administration of Work Safety; and amended for the second time according to the Decision on Amending and Repealing Some Rules and Regulatory Documents of the State Administration of Work Safety on March 6, 2017, by Order No. 89 of the State Administration of Work Safety) Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Regulation on the Safety Management of Hazardous Chemicals and other relevant laws and administrative regulations for the purposes of strictly controlling the work safety conditions for chemical enterprises using hazardous chemicals in production and standardizing the issuance and administration of the permits for the safe use of hazardous chemicals. Article 2 These Measures shall apply to chemical enterprises which, covered by the catalogue of industries subject to the licensed safe use of hazardous chemicals, use hazardous chemicals in production in quantities reaching the quantitative standards for the consumption of hazardous chemicals (excluding hazardous chemical production enterprises, hereinafter referred to as “enterprises”). These Measures shall not apply to enterprises using hazardous chemicals as fuel. Article 3 Enterprises shall obtain the permits for the safe use of hazardous chemicals (hereinafter referred to as the “safe use permits”) in accordance with these Measures. Article 4 The principle of “application by enterprises, issuance of permits by municipal authorities, and territorial supervision” shall apply to the issuance and administration of safe use permits. Article 5 The State Administration of Work Safety (“SAWS”) shall guide and supervise the issuance and administration of the safe use permits throughout the country. The work safety administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as the “provincial work safety administrative departments”) shall guide and supervise the issuance and administration of the safe use permits within their respective administrative regions. The work safety administrative departments of the people's governments of districted cities (hereinafter referred to as the “issuing authorities”) shall approve, issue, and administer the safe use permits within their respective administrative regions and shall not delegate the same to other entities, organizations or individuals. Chapter II Conditions for Applying for Safe Use Permits Article 6 The distances between an enterprise and important places, facilities and areas and their overall layout shall satisfy the following requirements and ensure safety: (1) The distances between a storage facility which is a major hazard installation for its quantity of stored hazardous chemicals and the eight categories of places, facilities and areas set out in paragraph 1, Article 19 of the Regulation on the Safety Management of Hazardous Chemicals shall comply with the provisions of relevant laws, regulations and rules of the state and national or industry standards. (2) The overall layout shall meet the requirements of the Code for Design of General Plan of Industrial Enterprises (GB50187), the Code for Design of General Plot Plan and Transportation of Chemical Industrial Enterprises (GB50489), the Code for the Fire Prevention in Design of Buildings (GB50016), and other relevant standards; petrochemical enterprises shall also meet the requirements of the Code for the Fire Prevention in Design of Petrochemical Enterprises (GB50160). (3) Newly built enterprises shall comply with the national industry policies and the planning and layout requirements of the local people's governments at or above the county level. Article 7 The plants, workplaces, storage facilities and safety installments, equipment and techniques of enterprises shall satisfy the following requirements: (1) Chemical construction projects using hazardous chemicals (hereinafter referred to as the “construction projects”), including new construction, reconstruction and expansion, shall be designed by qualified design entities and constructed by qualified construction entities as prescribed by the state; and devices involving hazardous chemical techniques or hazardous chemicals under major supervision as published by SAWS shall be designed by design entities holding corresponding qualifications for the petrochemical or pharmaceutical industry. (2) Techniques and equipment expressly eliminated or prohibited by the state or endangering work safety shall not be adopted; newly developed techniques using hazardous chemicals in chemical production (hereinafter referred to as the “chemical techniques”) shall gradually reach industrial production on the basis of laboratory test, pilot test and industrial test; and chemical techniques used for the first time in this country shall be subject to the safety and reliability demonstration organized by the relevant departments of the provincial people's governments. (3) For devices involving hazardous chemical techniques or hazardous chemicals under major supervision as published by SAWS, automatic control systems shall be installed; for large-scale chemical devices involving hazardous chemical techniques under major supervision as published by SAWS, emergency shutdown systems shall be installed; and for workplaces involving inflammable, explosive, poisonous or harmful gas chemicals, safety installations such as alarms of leakage of inflammable, explosive, poisonous or harmful substances shall be installed. (4) The distances between the production areas and the non-production areas, which shall be separated, of a newly built enterprise shall meet the national or industry standards. (5) The distances between the production devices and the storage facilities of a newly built enterprise and their buildings (structures) shall meet the national or industry standards. The same standards shall apply to the equipment, facilities, and buildings (structures) arranged in the same factory area (production or storage area). Article 8 An enterprise shall have a work safety management institution as legally required, with full-time work safety managers as prescribed by the state. The full-time work safety managers must meet the demand for work safety. Article 9 The primary person in charge, the person in charge of safety and the work safety managers of an enterprise must have safety knowledge and management capabilities appropriate for the enterprise's production and trading activities, attend safety qualification training, and obtain safety certificates after passing examinations. Special task personnel shall, in accordance with the Administrative Provisions on the Safety Technology Training and Examination of Special Task Personnel , receive specialized safety technology training and obtain special task operation certificates after passing examinations. Employees other than those mentioned in paragraphs 1 and 2 of this Article shall, according to the relevant provisions of the state, receive safety education and training and pass examinations. Article 10 An enterprise shall establish a work safety responsibility system for all employees to ensure that the work safety responsibility of each employee matches his or her position or post. Article 11 An enterprise shall, according to its chemical techniques, devices, facilities and other actual conditions, develop and improve the following major work safety rules at a minimum: (1) Rules for regular work safety meetings and other meetings on work safety. (2) Rules for guaranteeing safety input. (3) Rules for work safety rewards and punishments. (4) Rules for work safety training and education. (5) Rules for rotational on-site guidance by leaders. (6) Rules for the management of special task personnel. (7) Rules for safety inspection and elimination and control of potential risks. (8) Rules for major hazard installation assessment and safety management. (9) Rules for the management of modifications. (10) Emergency response management rules. (11) Rules for the management of work safety accidents or major events. (12) Fire prevention, anti-explosion, anti-poison and anti-leakage management rules. (13) Rules for the safety management of techniques, equipment, electric instruments and public utility projects. (14) Rules for the safety management of tasks such as flame operations, entry into confined spaces, hoisting, work at height, pipeline blinding, temporary electricity use, ground breaking, road breaking, and equipment diagnosis and maintenance. (15) Rules for the safety management of hazardous chemicals. (16) Management rules related to occupational health. (17) Rules for the management of use and maintenance of personal protective equipment. (18) Contractor management rules. (19) Rules for the periodical amendment of safety management rules and operating procedures. Article 12 An enterprise shall, according to the characteristics of techniques, technologies and equipment, the danger of raw and ancillary materials and other conditions, develop operating procedures for safety at posts. Article 13 An enterprise shall, as legally required, employ a qualified safety assessment institution as prescribed by the state to conduct safety assessment, and rectify its existing work safety problems according to the opinions in......