Interim Measures for the Supervision and Administration of “Three Simultaneities” for Safety Facilities of Construction Projects (2015 Amendment)

Interim Measures for the Supervision and Administration of “Three Simultaneities” for Safety Facilities of Construction Projects (2015 Amendment) Measures for the Supervision and Administration of “Three Simultaneities” for the Safety Devices of Construction Projects (Promulgated by Order No. 36 of the State Administration of Work Safety on December 14, 2010 and amended by Order No. 77 of the State Administration of Work Safety on April 2, 2015) Chapter I General Provisions Article 1 To strengthen the safety management of construction projects, prevent and reduce work safety accidents, and protect the life safety of workers and property safety, these Measures are formulated pursuant to the Work Safety Law of the People's Republic of China , the Notice of the State Council on Further Strengthening the Work Safety of Enterprises and other relevant laws, regulations and provisions. Article 2 These Measures shall apply to the construction of safety devices of production and operation entities' building, rebuilding and expansion projects (hereinafter collectively referred to as “construction projects”) which have been examined, approved by or archived at the people's governments at or above the county level and the competent departments thereof, as well as the supervision and administration of the construction process. If any law or administrative regulation or the State Council has any different provisions on the construction of the safety devices of construction projects and the supervision and administration thereof, such provisions shall apply. Article 3 For the purpose of these Measures, the term “safety devices of construction projects” refers to all devices, facilities, installations, fixtures, buildings and other technical measures used by production and operation entities in production and operation activities for the purpose of preventing work safety accidents. Article 4 Production and operation entities are subjects responsible for the construction of the safety devices of construction projects. The safety devices of a construction project must be designed, built and put into production and use simultaneously with the main part of the project (hereinafter referred to as “three simultaneities”). Investment in safety devices shall be brought into the budgetary estimate of the whole construction project. Article 5 The State Administration of Work Safety shall be responsible for the supervision and administration of the “three simultaneities” of the safety devices of construction projects of the whole nation and, within its scope of functions and duties as prescribed by the State Council, be responsible for the supervision and administration of the “three simultaneities” of the safety devices of construction projects which have been examined, approved by or archived at the State Council or the competent departments thereof. The local work safety departments at or above the county level shall be responsible for the supervision and administration of the “three simultaneities” of the safety devices of construction projects within their respective administrative regions and, within their respective scopes of functions and duties as prescribed by the corresponding people's governments, be responsible for the supervision and administration of “three simultaneities” of the safety devices of construction projects which have been examined, approved by or archived at the people's governments at the corresponding levels or the relevant departments thereof. The “three simultaneities” of the safety devices of a construction project involving two or more administrative regions shall be subject to the supervision and administration of the work safety department of their common next-higher-level people's government. In light of the actual needs, the work safety departments of the people's governments at higher levels may entrust their work on the supervision and administration of the “three simultaneities” of the safety devices of construction projects to the work safety departments of the people's governments at lower levels. Article 6 The work safety departments shall strengthen routine safety supervision over the construction of the safety devices of construction projects, fulfill their administrative licensing duties and regulatory duties, and urge production and operation entities to undertake their responsibility for the construction of safety devices. Chapter II Demonstration and Pre-assessment of the Safety Conditions of Construction Projects Article 7 For the following construction projects, the business entities shall pre-assess the safety conditions thereof in accordance with the state provisions: (1) Non-coal mine construction projects. (2) Construction projects for producing or storing hazardous chemicals (including those for transporting hazardous chemicals with long-distance pipelines, hereinafter the same). (3) Construction projects for producing or storing fireworks and crackers. (4) Construction projects for metal smelting. (5) Chemical construction projects using hazardous chemicals in its production in a certain quantity (except for the production of hazardous chemicals, hereinafter referred to as “chemical construction projects”). (6) Other construction projects as set forth by any law or administrative regulation or the State Council. Article 8 A production or operation entity shall commission a safety assessment agency with the required qualification to pre-assess the safety of its construction project and make a safety pre-assessment report. A safety pre-assessment report shall conform to the national or industrial standards. The safety pre-assessment report of a construction project for producing or storing hazardous chemicals shall conform to the provisions on the construction projects of hazardous chemicals in addition to the provisions as set forth in Paragraph 2 of this Article. Article 9 For a construction project other than those mentioned in Article 7 of these Measures, the business entity shall comprehensively analyze its work safety conditions and facilities and form a written report for inspection. Chapter III Design Review of the Safety Devices of Construction Projects Article 10 In the preliminary design of a construction project, the business entity shall entrust a preliminary design entity with the required qualification to simultaneously design for the safety devices of the project and make a design for the safety devices. The design of safety devices must conform to the relevant laws, regulations and rules and the relevant national standards, industrial standards or technical norms. Advanced and applicable techniques or technologies and reliable equipment or facilities shall be adopted as much as possible. In the design of the safety devices of a construction project mentioned in Article 7 of these Measures, it is also required to comprehensively consider the safety countermeasures proposed in the safety pre-assessment report of the project. Design entities and designers of safety devices shall be responsible for the design papers they make. Article 11 The ......