Provisions on the Safety of the Production and Operation of Fireworks and Firecrackers

Provisions on the Safety of the Production and Operation of Fireworks and Firecrackers Order of the State Administration of Work Safety (Order No. 93) The Provisions on the Safety of the Production and Operation of Fireworks and Firecrackers, as deliberated and adopted at the 16th director's executive meeting of the State Administration of Work Safety on December 11, 2017, are hereby issued, and shall come into force on March 1, 2018. Director: Wang Yupu January 15, 2018 Provisions on the Safety of the Production and Operation of Fireworks and Firecrackers Chapter I General Provisions Article 1 To strengthen the safety of the production and operation of fireworks and firecrackers, and prevent and reduce work safety accidents, these Provisions are developed in accordance with the Work Safety Law of the People's Republic of China , the Regulation on the Safety Administration of Fireworks and Firecrackers and other relevant laws and administrative regulations. Article 2 These Provisions shall apply to the work safety of the production enterprises of fireworks and firecrackers (hereinafter referred to as “production enterprises”), the wholesale enterprises of fireworks and firecrackers (hereinafter referred to as “wholesale enterprises”) and the retailers of fireworks and firecrackers (hereinafter referred to as “retailers”), and the supervision and administration thereof. Production enterprises, wholesale enterprises and retailers are collectively referred to as “production and operation entities.” Article 3 Production and operation entities shall implement their responsibilities for work safety, and the persons chiefly in charge thereof (including legal representative, and actual controllers, here and below) are the first persons responsible for the work safety of these entities who are fully responsible for the work safety of the entities. Other persons in charge shall be responsible for the work safety of these entities within the scope of their respective functions. Article 4 The work safety supervision and administration departments of the local people's governments at or above the county level shall, under the principles of territorial regulation and being responsible by class and grade, conduct supervision and administration of the work safety of the production and operation entities within their respective administrative regions. The work safety supervision and administration departments of the local people's governments at all levels shall, under the unified leadership of the people's governments at the same level, and according to the division of functions, investigate and punish the illegal production and operation of fireworks and firecrackers in accordance with the law in conjunction with other relevant departments Chapter II the Work Safety Guarantee of Production and Operation Entities Article 5 Production and operation entities shall meet the work safety conditions as prescribed by the relevant laws and regulations and the national standards or industry standards, and obtain the corresponding administrative licenses in accordance with the law. Article 6 Production enterprises and wholesale enterprises shall establish and improve the work safety responsibility system for all employees, establish and improve the responsibility system for work safety, and develop and implement the work safety rules and regulations and operating procedures that cnform to the laws and administrative regulations and national standards or industry standards. Article 7 Production enterprises and wholesale enterprises shall continuously improve their work safety infrastructures, and constantly guarantee and improve work safety conditions. The lightning protection facilities of production enterprises and wholesale enterprises shall be designed and constructed by institutions with corresponding qualifications, so as to ensure that they conform to the provisions of the relevant national standards or industry standards; and the measures preventing electrostatic hazards shall conform to the provisions of the relevant national standards or industry standards. Production enterprises and wholesale enterprises shall, before their technological conditions change or their production and storage scales are expanded and products are put into production, conduct safety evaluation of the overall layouts, technological processes, hazardous workshops (warehouses), safety protection barriers, and fireproof, lightening-proof and static-proof facilities and other infrastructures. After the issuance of new national standards and industry standards, production enterprises and wholesale enterprises shall conduct the compliance inspection of the overall layouts, technological processes, hazardous workshops (warehouses), safety protection barriers, and fireproof, lightening-proof and static-proof facilities and other infrastructures and the safety administration system of the enterprises, and take corresponding improvement measures according to the new national standards and industry standards. Production enterprises and wholesale enterprises shall be encouraged to develop and implement the enterprise standards that are stricter than national standards and industry standards. Article 8 Production enterprises shall actively promote the progress of the production techniques and technologies of fireworks and firecrackers, adopt the mechanical equipment and production techniques with intrinsic safety, reliable performance and high degree of automation, and use safe and eco-friendly production raw materials. It is forbidden to use the production techniques, mechanical equipment and raw materials expressly prohibited or eliminated by the state. Employees are prohibited from entering enterprises with tools and equipment to engage in production operations. Article 9 Before new technologies and new equipment are applied to the gunpowder-related production process of production enterprises, the institutions and experts with corresponding capabilities shall be organized to conduct the deliberation of safety performance and safety technical requirements. Article 10 Production enterprises and wholesale enterprises shall ensure the investment of work safety funds required for the following items: (1) Repair and maintenance of safety equipment and facilities. (2) Renovation of workshops (warehouses) according to the conditions as prescribed by national standards and industry standards. (3) Monitoring of key locations and warehouses. (4) Safety risk management and control and the screening, elimination and control of hidden dangers. (5) Risk evaluation and safety assessment. (6) Work safety education and trainings. (7) Equipment with labor protection supplies. (8) Equipment with emergency rescue equipment and supplies. (9) Emergency rescue trainings and drills. (10) Insuring against work safety liability and other work safety items requiring fund investment. Article 11 Conspicuous safety warning signs shall be set up in the production areas, central warehouse areas, workshops (warehouses) and other production and business premises with large risk factors and on relevant facilities and equipment of production enterprises and wholesale enterprises; and accurate, clear, and conspicuous signs for personnel quota, gunpowder weight quota and grading shall be set up according to the national standards or industry standards. Retail business premises shall set up clear and conspicuous safety signs of “Inflammables and Explosives,” “Smoking or Open Flames Strictly Prohibited in Surrounding Areas,” and “Fireworks and Firecrackers Strictly Prohibited in Surrounding Areas.” Article 12 Production and operation entities shall conduct trainings of the employees of these entities on the safety knowledge on fireworks and firecrackers and post operation skills, among others, and the employees who do not receive work safety education and trainings shall not take up their posts. The special operation personnel engaging in dangerous working procedures and operations, among others, shall not take up their posts until they obtain the corresponding qualifications in accordance with the law. The persons chiefly in charge of production and operation entities and work safety administration personnel shall pass the assessment on their work safety knowledge and administration capabilities conducted by the work safety supervision and ......