The Administrative Regulations on the Work Safety of Construction Projects

The Administrative Regulations on the Work Safety of Construction Projects Order of the State Council of the People's Republic of China (No. 393) The Administrative Regulations on the Work Safety of Construction Projects was adopted at the 28th executive meeting of the State Council. They are hereby promulgated and shall be implemented as of February 1, 2004. Wen Jiabao November 24, 2003 The Administrative Regulations on the Work Safety of Construction Projects Chapter I. General Provisions Article 1 In order to strengthen the supervision over and administration of the work safety of construction projects, the present Regulations are formulated in accordance with the Construction Law of the People's Republic of China and the Production Safety Law of the People's Republic of China . Article 2 All those who are engaged in the construction of new buildings, the expansion, rebuilding and demolishment of buildings, and the supervision over and administration of the work safety of construction projects shall abide by the present Regulations. The term “construction projects” as mentioned in the present Regulations refers to the civil construction, construction works, installation of wires, pipelines and equipment, and decoration. Article 3 The policy of “safety first, precaution crucial” shall be followed in the administration of the work safety of construction projects. Article 4 The construction entities, survey entities, design entities, construction undertaking entities, construction project supervision entities and other entities related to the work safety of construction projects shall abide by the provisions of the work safety laws and regulations, guarantee the work safety of construction projects and bear liabilities for the work safety of construction projects. Article 5 The state encourages the scientific and technological research related to the work safety of construction projects, and the popularization and application of advanced technologies so as to give an impetus to the scientific management of the work safety of construction projects. Chapter II. Liabilities of Construction Entities Article 6 A construction entity shall provide the construction undertaking entity with materials of underground pipelines and wires of water supply, drainage, electricity supply, gas supply, heat supply and telecom, etc. within the construction site and its neighboring area, the meteorological and observation materials, and the relevant materials of its neighboring buildings, fixtures and underground works, shall ensure their authenticity, exactness and integrity. When a construction entity inquires the relevant departments or entities about the materials listed in the preceding paragraph due to the need of a construction project, the relevant departments or entities shall provide the materials to it in time. Article 7 No entity may raise any request in violation of the laws, regulations and mandatory standards governing the work safety of construction projects. No entity may shorten the time limit for a project as stipulated in the contract. Article 8 When a construction entity formulates budgetary estimation, it shall determine the expenses necessary for the work safety environment and measures of the construction project. Article 9 No construction entity may explicitly instruct or hint the construction undertaking entity to purchase, rent or use any safety protection appliance, mechanical equipment, construction tool and fitting, or fire-fighting device or equipment not meeting the requirements for the construction safety. Article 10 Where a construction entity applies for a construction license, it shall provide materials concerning the measures for the work safety of the construction project. Where an application for the start of a construction project is approved in accordance with the law, the construction entity shall, within 15 days from the day when the application is approved, report and submit the guarantee measures for the work safety of the construction project to the administrative department of construction of the people's government at (above) the county level or to other relevant departments where the construction project is located for archival purposes. Article 11 A construction entity shall contract the demolishment project to a construction undertaking entity with corresponding qualification grade. The construction entity shall, 15 days before the demolishment project starts, submit the following materials to the administrative department of construction of the people's government at (above) the county level or to other relevant departments where the construction project is located for archival purposes: (1) The certification of the qualification grade of the construction undertaking entity; (2) The descriptions about the to-be-demolished buildings and fixtures, and the neighboring buildings that may be endangered; (3) The scheme of demolishment; (4) The measures for the piling up and elimination of the wastes. If the way of dynamiting is adopted, the relevant regulations of the state on the administration of civil explosive articles shall be abided by. Chapter III. The Safety Liabilities of the Survey, Design, and construction Project Supervision Entities and Other Relevant Entities Article 12 A survey entity shall conduct surveys in accordance with the laws, regulations and the mandatory standards for construction projects, and shall provide authentic and exact survey documents so as to satisfy the needs of the work safety of construction projects. When conducting surveys, the survey entity shall strictly implement the operational procedures, take measures to guarantee the safety of various pipelines and wires, appliances and the neighboring buildings and fixtures. Article 13 A design entity shall make designs in accordance with the laws, regulations and mandatory standards on construction projects so as to prevent any work safety accident that might incur from unreasonable designs. In light of the needs of construction safety operation and protection, a design entity shall specify the important parts and links related to the work safety in the design documents and shall render some advice about preventing work safety accidents. With regard to a construction project adopting new structure, new material, new techniques or special structure, the design entity shall offer advice about ensuring the safety of the builders and preventing work safety accidents. The design entity and the certified architects and other certified practitioners shall be responsible for their designs. Article 14 A construction project supervision entity shall examine whether the safety technologies and measures in the construction designs or the special construction program are in line with the mandatory standards on the construction of projects. Where a construction supervision entity discovers any potential risk of safety accident in the course of conducting supervision, it shall demand the construction undertaking entity to get right; if the circumstance is serious, it shall demand the construction undertaking entity to stop construction temporarily, and report to the construction entity. If the construction undertaking entity refuses to get right or to stop construction, the construction project supervision entity shall report to relevant administrative departments in time. The construction project supervision entity and the supervision engineers shall conduct supervision in accordance with the laws, regulations and the mandatory standards on the construction of projects and shall bear liabilities for the work safety of construction projects. Article 15 An entity that provides mechanical equipment and fittings needed by a construction project shall be equipped with effective protection, sequential control and other safety appliances and equipment. Article 16 Any rented mechanical equipment, construction machine, tool or fitting shall be accompanied with a production (manufacture) license and a quality certificate. A leasing entity shall conduct testing for the safety performance of the mechanical equipment, the construction machines and tools and fittings. When signing a lease agreement, it shall issue a testing certificate. Any mechanical equipment, construction machine, tool or fitting determined as unqualified upon testing shall be prohibited from lease. Article 17 The on-the-construction-site installation, or dismantlement of hoisting machinery and integral lifting scaffolding, moulding boards and other automatic lifting framework devices shall be undertaken by entities with corresponding qualifications. An installation entity shall make a dismantlement or installation plan and establish construction safety measures for the installation, dismantlement of hoisting machinery and integral lifting scaffolding, moulding boards and other automatic lifting framework devices, and shall be subject to the on-site supervision of professional technical personnel. After the installation, or dismantlement of hoisting machinery and integral lifting scaffolding, moulding boards and other automatic lifting framework devices has been finished, the installation entity shall conduct self-testing, issue self-testing certificate, offer safe use directions to the construction undertaking entity, go through the check and acceptance formalities and affix the signatures of those that make the check and acceptance. Article 18 With regard to the hoisting machinery and integral lifting scaffolding, moulding boards or other automatic lifting framework devices whose life length reaches the time limit for inspection and testing as provided for by the state, they shall be subject to the testing of an inspection and testing institution with professional qualifications. If they are found to be unqualified upon testing, they shall not remain in use any longer. Article 19 With regard to the hoisting machinery and integral lifting scaffolding, moulding boards or other automatic lifting framework devices which are found to be qualified upon testing, the inspection and testing institution shall issue an evidential document and be liable for the testing results. Chapter IV. Liabilities of Construction Undertaking Entities Article 20 A construction undertaking entity engaged in the activities of construction of new buildings, the expansion, the rebuilding and the demolishment of buildings shall meet the requirements regarding the registered capital, professional technical personnel, technical equipment and work safety as provided for by the state, shall obtain the qualification certificate of corresponding grade, and shall undertake projects within the licensed scope under its qualification grade. Article 21 The major person-in-charge of a construction undertaking entity shall be responsible for the overall work safety of the entity. A construction undertaking entity shall establish and perfect the work safety responsibility system and the work safety education and training system, shall formulate work safety rules and operational procedures, shall guarantee the investment fund necessary for the work safety of the entity, shall conduct regular and special examinations on the construction projects undertaken by itself, and shall note down the safety check results. The position of the person-in-charge of a project shall be taken by a person with corresponding professional qualifications. He shall be responsible for the work safety of the construction project, implement the work safety responsibility system and the work safety rules and regulations, and the operational procedures, shall eliminate the potential risk of work safety accident, and shall timely and faithfully report the information about any work safety accident. Article 22 With regard to the necessary fund for the work safety environment and measures that have been listed into the budgetary estimation of a construction project, the construction undertaking entity shall use the fund in purchasing and renovating the construction safety appliances and facilities, carrying out construction safety measures and improving the work safety conditions, and may not use it for any other purpose. Article 23 A construction undertaking entity shall establish a work safety management institution and equip it with full-time work safety management personnel. The full-time work safety management personnel shall be responsible for the on-site supervision and inspection over the work safety. If they discover any potential risk of safety accident, they shall report to the person-in-charge of the project and the work safety management institution The measures for the equipment of full-time work safety personnel shall be formulated by the State Council jointly with other relevant departments. Article 24 Where a construction project is subject to prime contracting, the prime contractor entity shall be responsible for the overall work safety in the construction site. The prime contractor entity shall complete the main structure of the construction project by itself. Where the prime contractor entity subcontracts the construction project to any other entity, it shall, in accordance with the law, explicitly stipulate their respective rights and obligations regarding the work safety in a subcontract. The prime contractor entity and the subcontractor entity shall bear joint and several liabilities for the work safety of the subcontracted projects. A subcontractor entity shall obey the work safety management of the entity who is the prime contractor. If it refuses to do so and leads to any work safety accident, it shall bear major liabilities. Article 25 No one may engage in operating vertical transportation equipment, installation and dismantlement, dynamiting, hoisting information, working on high-rise frameworks and other special work unless he has accepted special work safety trainings in accordance with the relevant regulations of the state and has obtained a qualification certificate for engaging in such special work. Article 26 In the construction design, a construction undertaking entity shall formulate safety technologies and measures and a plan on temporary electricity supply in the construction site shall establish a special construction plan......