Provisions on the Administration of Safety Technology Training and Evaluation of Special Operation Workers (2015Amendment)

Provisions on the Administration of Safety Technology Training and Evaluation of Special Operation Workers (2015Amendment) Provisions on the Administration of Safety Technology Training and Evaluation of Special Operation Workers (Issued by Order No. 30 of the State Administration of Work Safety on May 24, 2010, amended for the first time in accordance with Order No. 63 of the State Administration of Work Safety on August 29, 2013, and amended for the second time in accordance with Order No. 80 of the State Administration of Work Safety on May 29, 2015) Chapter I General Provisions Article 1 For purposes of regulating the safety technology training and evaluation of special operation workers, improving the level of safety technology of special operation workers, and preventing and reducing casualty accidents, these Provisions are developed in accordance with the Work Safety Law , the Administrative Licensing Law and other relevant laws and administrative regulations. Article 2 These Provisions shall apply to the safety technology training and evaluation of, issuance of certificates to, review, supervision and administration of special operation workers of production and business operation entities. If the administration of special operation workers is otherwise provided for by the relevant laws and administrative regulations or the State Council, the provisions of the laws and administrative regulations of the State Council shall prevail. Article 3 For the purpose of these Provisions, “special operation” means any operation that is prone to accident and may cause significant harm to the safety and health of the special operation workers themselves or others or the safety of the equipment or facilities. The scope of special operations shall be specified in the catalogue of special operations. For the purpose of these Provisions, “special operation workers” means the employees directly engaged in special operations. Article 4 A special operation worker shall meet the following conditions: (1) He or she has attained 18 years of age and has not attained the national statutory retirement age. (2) He or she is certified healthy through the physical examination of a medical institution at the community or county level or above, and has no organic heart disease, epilepsy, Meniere's disease, vertigo, hysteria, paralysis agitans, psychosis, dementia, or any other disease or physical defect that prevents him or her from engaging in the relevant special operation. (3) He or she has an educational background of middle school or above. (4) He or she has necessary safety technology knowledge and skills. (5) Other conditions as required by the relevant special operation. Hazardous chemical special operation workers shall, in addition to satisfying the conditions specified in items (1), (2), (4) and (5) of the preceding paragraph, have an educational background of high school or the equivalent of high school or above. Article 5 Special operation workers shall not take their posts until they have received special safety technology training, passed the evaluation, and obtained the Special Operation Certificate of the People's Republic of China (hereinafter referred to as the “special operation certificate”). Article 6 The safety technology training and evaluation of, issuance of certificates to, and review of special operation workers shall follow the principle of “unified supervision and administration, implementation by level, and separation of teaching from examination.” Article 7 The State Administration of Work Safety (hereinafter referred to as “SAWS”) shall give guidance to and supervision over safety technology training for, examination of, certificates issuance to, and reexamination of national special operation workers; the work safety administrative departments under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall give guidance to and supervision over the safety technology training for special operation workers in their respective administrative regions, and be responsible for the examination of, certificates issuance to, and reexamination of special operation workers in their respective administrative regions; the work safety administrative departments under the local people's governments above the county level shall be responsible for giving guidance to and supervision over the safety technology training for special operation workers in their respective administrative regions and such workers' holding offices with relevant certificates. The State Administration of Coal Mine Safety (hereinafter referred to as SACMS) shall give guidance to and supervision over the safety technology training for, examination of, certificates issuance to, and reexamination of special operation workers of coal mines (including the operation workers of special equipment used in underground work of the coal mines); and the departments under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in charge of examination of and certificates issuance to special operation workers of coal mines or institutions designated thereby shall give guidance to and supervision over the safety technology training for special operation workers of coal mines in their respective administrative regions, and be responsible for the examination of, certificates issuance to, and reexamination of special operation workers of coal mines in their respective administrative regions. The work safety administrative departments under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government and the departments in charge of examination of and certificates issuance to special operation workers of coal mines or institutions designated thereby (hereinafter referred to as “examination and certificate issuing organs”) may authorize work safety administrative departments under the people's governments districted cities and the departments in charge of examination of and certificates issuance to special operation workers of coal mines or institutions designated thereby to conduct examination of, certificates issuance to, and reexamination of special operation workers. Article 8 Any entity or individual is entitled to report any illegal act in the safety technology training and evaluation of, issuance of certificates to, and review of special operation workers to the SAWS, the SACMS, the work safety administrative departments and the departments in charge of the evaluation of and issuance of certificates to coal mine special operation workers or the designated institutions of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and cities with districts. Chapter II Training Article 9 Special operation workers shall accept theoretical training on safety technology and training on actual operation corresponding to the special operations they are engaged in. Graduates from vocational high schools, technical schools or technical secondary schools or above may, when engaging in special operation corresponding to their majors, be exempted from the relevant professional training on the basis of their academic credentials and with the approval of the evaluation and certificate issuing authorities. A special operation worker working in a province, autonomous region or municipality directly under the Central Government other than the place of his or her registered permanent residence may participate in training at the place of his or her registered permanent residence or the place of employment. Article 10 With respect to the safety technology training of specia......