Measures for the Implementation of Work Safety Licenses of Firework and Firecracker Production Enterprises (2012)

Measures for the Implementation of Work Safety Licenses of Firework and Firecracker Production Enterprises (2012) Order of the State Administration of Work Safety (No. 54) The Measures for the Implementation of Work Safety Licenses of Firework and Firecracker Production Enterprises, as deliberated and adopted at the Director's Executive Meeting of the State Administration of Work Safety on May 21, 2012, are hereby issued, and shall come into force on August 1, 2012. The Measures for the Implementation of Work Safety Licenses of Firework and Firecracker Production Enterprises issued by the former State Administration of Work Safety and the State Administration of Coal Mine Safety on May 17, 2004 shall be repealed simultaneously. Director of the State Administration of Work Safety: Yang Dongliang July 1, 2012 Measures for the Implementation of Work Safety Licenses of Firework and Firecracker Production Enterprises Chapter I General Provisions Article 1 In order to strictly regulate the work safety access conditions of firework and firecracker production enterprises and regulate the issuance and management of work safety licenses for firework and firecracker production enterprises, these Measures are formulated in accordance with the Regulation on Work Safety Licenses , the Regulation on the Safety Management of Fireworks and Firecrackers and other laws and administrative regulations. Article 2 The term “firework and firecracker production enterprises” as mentioned in these Measures (hereinafter referred to as “enterprises”) refers to legally established enterprises which engage in the production of fireworks and firecrackers after obtaining a business license or enterprise name pre-approval document issued by the administrative department for industry and commerce. Article 3 An enterprise shall obtain a work safety license for fireworks and firecrackers (hereinafter referred to as a “work safety license”) in accordance with the provisions of these Measures. An enterprise that fails to obtain a work safety license shall not engage in the production of fireworks and firecrackers. Article 4 The principle of “application by an enterprise, one-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 be responsible for guiding and supervising the issuance and management of work safety licenses across the country, and uniformly number work safety licenses. The work safety administrative departments of people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, based on the uniform numbers of the whole country, be responsible for the issuance and management of work safety licenses within their respective administrative regions. Chapter II Conditions for Applying for a Work Safety License Article 6 The establishment of an enterprise shall comply with national industrial policies and the local planning on industrial structure, and the location of an enterprise shall comply with the local urban and rural plan. The safe distance from the enterprise to surrounding buildings and facilities shall conform to national standards and industrial standards. Article 7 The basic construction projects of an enterprise shall be subject to the approval of the people's government at or above the county level or the relevant department in accordance with the relevant provisions, and satisfy the following conditions: 1. Construction projects shall be designed by entities holding the Grade-B or above qualification in designing projectiles and rockets, explosives and industrial explosive material projects in the military industry, or entities holding the qualification in designing organic chemical industry, oil refining, and oil product deep processing projects in the chemical, petrochemical and pharmaceutical industries; 2. The designing of construction projects shall comply with the requirements of the Safety Code for the Design of Firework and Firecracker Projects (GB50161), and the examination on the design of safety facilities, and the check of completed construction projects shall be conducted in accordance with law. Article 8 Enterprises' plants, warehouses and other infrastructure, production equipment, production process, as well as fire-proof, anti-explosion, thunder prevention, and anti-static safety equipment and facilities must comply with the provisions of the Safety Code for the Design of Firework and Firecracker Projects (GB50161), the Technical Procedures for Work Safety of Fireworks and Firecrackers (GB11652) and other national standards and industrial standards. Enterprises engaging in the production of display shells shall comply with the requirements of display shell work safety conditions in addition to the provisions of the preceding paragraph. Article 9 Video monitoring and abnormal circumstance alarms shall be installed and obvious safety warning marks shall be set in the enterprises' general warehouses of firework and firecracker powder and finished products, transit warehouses of firework and firecracker powder and semi-finished products, mechanical powder mixing and filling plants, drying grounds, drying rooms and other major sections in accordance with the General Technical Conditions for the Safety Monitoring System of Firework and Firecracker Enterprises (AQ4101). Article 10 Enterprises' amount of production plants and area of storage warehouses shall be appropriate for their production varieties and scale. Article 11 The varieties, types, grades, specifications, quality, packaging and labels of products manufactured by enterprises shall comply with the provisions of the Safety and Quality of Fireworks and Firecrackers (GB10631) and other national standards and industrial standards. Article 12 An enterprise shall set up a work safety management body, have full-time work safety managers, and satisfy the following requirements: 1. decide the person in charge of work safety; 2. have at least two full-time work safety managers accounting for 1% or more of total workers of the enterprise; and 3. have part-time work safety persons accounting for 5% or more of total workers of the enterprise. Article 13 An enterprise shall establish a sound work safety responsibility system for the principal person in charge, the person specially in charge of work safety, work safety managers, functional departments and posts, and formulate the following work safety rules and procedures: 1. work safety procedures for posts complying with the provisions of the Technical Procedures for Work Safety of Fireworks and Firecrackers (GB11652) and other national standards and industrial standards; 2. management rules on the storage and withdrawal of firework and firecracker powder and residue (waste) powder treatment; 3. on-duty (guidance) rules for the person in charge of the enterprise and the persons in charge of firework and firecracker powder production lines; 4. management rules for special operators; 5. rules on safety education and training for the workers; 6. rules on safety inspection and hidden trouble elimination and treatment; 7. management rules on product purchase and sales contracts and sales flow registration; 8. management rules on the research and development of new products and new powder; 9. management rules on the maintenance of safety facilities and equipment; 10. management rules on the purchase, inspection, storage and use of raw materials; 11. rules on the registration of employees' entry to and exit from plants (warehouses); 12. on-duty (guidance) rules for plant (warehouse) guardians; 13. management rules on the monitoring of major hazardous installations (major hazardous sections); 14. rules on the withdrawal and use of work safety expenses; 15. rules on the allocation, use and management of labor protection articles; and 16. rules on the prevention and treatment of occupational hazards in work places. Article 14 The principal person in charge, the person specially in charge of work safety, and full-time work safety managers of an enterprise shall pass the special training on work safety and examination of the work safety administrative department, and obtain the safety qualification certificate. The special operators for such hazardous working procedures as mixing, granulating, filtrating, filling, ramming, pressing, cutting and transporting firework and firecracker powder and those guarding the warehouses of fireworks and firecrackers shall receive special training on the knowledge of fireworks and firecrackers, pass the relevant examination and obtain the qualification certificate for special operations. The workers on other posts shall pass the relevant education and training on work safety knowledge in accordance with the relevant provisions. Article 15 An enterprise shall participate in the work-related injury insurance and pay insurance premiums for its workers ......