Measures for the Administration of the Permits for Trading in Hazardous Chemicals (2015Amendment)

Measures for the Administration of the Permits for Trading in Hazardous Chemicals (2015Amendment) Measures for the Administration of the Permits for Trading in Hazardous Chemicals (Issued by the Order No. 55 of the State Administration of Work Safety on July 17, 2012; Amended by the Order No. 79 of the State Administration of Work Safety on May 27, 2015) Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Work Safety Law of the People's Republic of China and the Regulation on the Safety Management of Hazardous Chemicals for purposes of strictly controlling the safety conditions for the operation of hazardous chemicals, regulating the business operation of hazardous chemicals, and guaranteeing the safety of the lives and property of the people. Article 2 These Measures shall apply to those engaging in the business operation (including storage) of hazardous chemicals listed in the Catalogue of Hazardous Chemicals within the territory of the People's Republic of China. These Measures shall not apply to the business operation of explosives for civil use, radioactive materials, nuclear substances and urban gas. Article 3 The state shall apply a licensing system to the business operation of hazardous chemicals. An enterprise engaging in the business operation of hazardous chemicals shall obtain a permit for the business operation of hazardous chemicals (hereinafter referred to as the “business permit”) according to these Measures. Without a business permit, no entity or individual may engage in the business operation of hazardous chemicals. A business permit is not required for engaging in the following business operations of hazardous chemicals: (1) A hazardous chemical production enterprise that has lawfully obtained a work safety license for hazardous chemicals sells the hazardous chemicals it produces within its factory area; or (2) A port operator that has obtained a port operation permit according to law engages in the storage of hazardous chemicals within the port area. Article 4 The principle of “application by an enterprise, two-level issuance of permits and territorial supervision” shall apply to the issuance and administration of business permits. Article 5 The SAWS shall direct and supervise the issuance and administration of the business 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 shall direct and supervise the issuance and administration of the business permits within their respective administrative regions. The work safety administrative departments of the people's governments of cities divided into districts (hereinafter referred to as the “permit-issuing authorities at the city level”) shall be responsible for the examination and approval as well as the issuance of business permits for the following enterprises: (1) enterprises operating highly toxic chemicals; (2) enterprises operating hazardous chemicals that can be used to produce explosives; (3) enterprises operating gas stations; (4) enterprises specialized in the storage and operation of hazardous chemicals; (5) a company (branch) at the level of a province or a city divided into districts subordinated to a central enterprise which engages in the business operation of hazardous chemicals; and (6) enterprises which have storage facilities and engage in the business operation of hazardous chemicals other than highly toxic chemicals and hazardous chemicals that can be used to produce explosives. The work safety administrative departments of the people's governments at the county level (hereinafter referred to as the “permit-issuing authorities at the county level”) shall be responsible for the examination and approval as well as the issuance of the business permits for the enterprises other than those as prescribed in paragraph 3 of this Article within their respective administrative regions. Where there is no permit-issuing authority at the county level in a region, the business permit for the relevant enterprises in the region shall be examined, approved and issued by the permit-issuing authority at the city level. Chapter II Application Conditions for Business Permits Article 6 An entity engaging in the business operation of hazardous chemicals (hereinafter referred to as the “applicant”) shall be registered as an enterprise according to law and shall meet the following basic conditions: (1) The premises, facilities and constructions for its business operation and storage meet the Code for the Fire Prevention in Design of Buildings (GB50016), the Code for the Fire Prevention in Design of Petrochemical Enterprises (GB50160), the Code for Design and Construction of Automotive Service Station (GB50156), the Code for Design of Oil Depot (GB50074) and other relevant national and industrial standards; (2) The principal person in charge and the work safety managers of the enterprise have the work safety knowledge and management ability appropriate for the enterprise's business operations of hazardous chemicals, have received specialized work safety training and obtained corresponding safety qualification certificates after passing the examination of the work safety administrative department. Special operators have received specialized safety operation training, and obtained special operation certificates. Other employees have received work safety education and passed the professional technical training in accordance with the relevant provisions; (3) It has sound work safety rules and position operation rules; (4) It has emergency plans for hazardous chemical accidents in compliance with the relevant provisions of the state and is equipped with necessary emergency rescue instruments and equipment; and (5) Other work safety conditions as prescribed by laws, regulations and national or industrial standards. The term “work safety rules” as mentioned in the preceding paragraph means the work safety responsibility rules for all personnel, management rules for the purchase and sale of hazardous chemicals, safety management rules for hazardous chemicals (including the fire prevention, anti-explosion, anti-poison and anti-leakage management and so on), safety input guarantee rules, rules for work safety rewards and punishments, rules for work safety education and training, rules for elimination and treatment of hidden troubles, safety risk management rules, emergency management rules, accident management rules, occupational health management rules and so on. Article 7 Where an applicant operates highly toxic chemicals, it shall, in addition to meeting the conditions as prescribed in Article 6 of these Measures, establish management rules for highly toxic chemicals such as two-person acceptance check, two-person safe-keeping, two-person delivery, two locks, and two account books. Article 8 Where an applicant operates hazardous chemicals with storage facilities, it shall, in addition to the conditions as prescribed in Article 6 of these Measures, meet the following conditions: (1) Where it is a newly established enterprise specialized in the storage of hazardous chemicals, its storage facilities shall be established in the special area designated by the local people's government for the storage of hazardous chemicals; (2) The distance between the storage facilities and the relevant premises, facilities and areas conforms to the provisions of relevant laws, regulations, rules and standards; (3) It conducts safety evaluation in accordance with the relevant provisions, and the safety evaluation report meets the requirements of the Detailed Rules for the Safety Evaluation of Enterprises Operating Hazardous Chemicals; (4) The full-time work safety managers have received the intermediate vocational education or above on the chemical industry/chemistry or safety engineering in national education, the intermediate technical title or above on chemical industry/chemistry, or the certified safety engineer qualification on hazardous chemical safety; and (5) It complies with the relevant provisions of the Regulation on the Safety Management of Hazardous Chemicals , the Interim Provisions on the Supervision and Administration of Major Hazard Installations for Hazardous Chemicals and the General Rules on the Storage of Common Hazardous Chemicals (GB15603). Where an applicant stores hazardous chemicals that are inflammable, explosive, poisonous or are easy to spread, it shall, in addition to the conditions as prescribed in paragraph 1 of this Article, meet the provisions of the Code for the Design of Combustible Gas and Toxic Gas Detection and Alarm for Petrochemical Industry (GB50493). Chapter III Application for and Issuance of Business Permits Article 9 An applicant applying for a business permit shall, in accordance with the provisions of Article 5 of these Measures, file an application with the permit-issuing authority at the city or county level at the premises where it is located (hereinafter referred to as the “permit-issuing authority”), and submit th......