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Regulations on safety management of more dangerous sub-projects (Decree No. 37 of the Ministry of Construction)

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Regulations on safety management of more dangerous sub-projects

Order of the Ministry of Housing and Urban-Rural Development of the People's Republic of China No. 37

 

   The "Regulations on the Safety Management of Major Dangerous Sub-projects" have been reviewed and approved by the 37th Executive Meeting of the Ministry on February 12, 2018, and are now promulgated for implementation on June 1, 2018.

Minister of Housing and Urban-Rural Development Wang Menghui March 8, 2018

 

Regulations on safety management of more dangerous sub-projects

Chapter I General Provisions

Article 1 In order to strengthen the safety management of some of the more dangerous sub-projects in housing construction and municipal infrastructure projects, and effectively prevent production safety accidents, according to the “Building Law of the People ’s Republic of China” These regulations are formulated in accordance with laws and regulations such as the Regulations on the Management of Project Safety in Production.

Article 2 These regulations apply to the safety management of sub-projects that are more dangerous in building construction and municipal infrastructure projects.

Article 3 The more dangerous sub-projects referred to in these regulations (hereinafter referred to as "dangerous major projects") refer to the construction of houses and municipal infrastructure projects, which can easily lead to death or injury to people or cause major injuries. Sub-projects of economic loss.

Dangerous projects and the scope of dangerous projects exceeding a certain scale shall be formulated by the competent department of housing, urban and rural construction of the State Council.

Provincial housing and urban-rural construction authorities may combine the actual situation in the region to supplement the scope of major hazardous projects in the region.

Article 4 The department in charge of housing and urban-rural construction of the State Council is responsible for the guidance and supervision of the safety management of major national projects.

The competent departments of housing, urban and rural construction of local people's governments at or above the county level are responsible for the safety supervision and management of dangerous projects within their respective administrative areas.

Chapter II Early Guarantee

Article 5 The construction unit shall provide truthful, accurate and complete information on engineering geology, hydrogeology and the surrounding environment of the project.

Article 6 The survey unit shall, based on the actual conditions of the project and environmental data surrounding the project, state in the survey documents the engineering risks that may be caused by geological conditions.

The design unit shall indicate in the design documents the key parts and links involved in the critical project, put forward opinions to ensure the safety of the surrounding environment of the project and the construction safety of the project, and carry out special design if necessary.

Article 7 The construction unit shall organize survey, design and other units to list the list of dangerous projects in the bidding documents for construction, and require the construction unit to complete and complete the list of dangerous projects and specify corresponding safety management measures when bidding.

Article 8 The construction unit shall promptly pay the technical measures for the construction of dangerous projects and the corresponding measures for safety protection and civilized construction measures in accordance with the construction contract to ensure the safety of the construction of dangerous projects.

Article 9 When applying for safety supervision formalities, the construction unit shall submit information such as the list of dangerous projects and its safety management measures.

Chapter III Special Construction Scheme

Article 10 The construction unit shall organize engineering technicians to compile a special construction plan before the construction of a critical project.

In the case of general construction contracting, the special construction plan shall be prepared by the construction general contracting unit. In the case of subcontracting of dangerous projects, special construction plans may be prepared by the relevant professional subcontracting units.

Article 11 The special construction plan shall be reviewed and signed by the person in charge of the technical unit of the construction unit and affixed with the official seal of the unit, and shall be implemented after being examined and signed by the chief engineer and affixed with the practice seal.

Where a dangerous project is subcontracted and a special construction plan is prepared by the subcontracting unit, the special construction plan shall be reviewed and signed by the technical contractor of the general contractor and the technical contractor of the subcontracting unit and affixed with the company's official seal.

Article 12 For dangerous major projects exceeding a certain scale, the construction unit shall organize an expert demonstration to demonstrate the special construction plan. In the case of general construction contracting, the construction general contracting unit shall organize an expert demonstration meeting. Experts justified that the special construction plan should pass the review of the construction unit and the review of the chief engineer.

Experts shall be selected from an expert database established by the competent department of housing urban and rural construction of the local people's government, which shall meet the professional requirements and shall be no less than five. Persons who have an interest in this project shall not participate in the expert demonstration as experts.

Article 13 After the expert argumentation meeting, an argumentation report shall be formed, and a consensus on the approval, modification, or rejection of the special construction plan shall be put forward. Experts are responsible for the demonstration report and sign for confirmation.

If the special construction plan needs to be approved after it has been demonstrated, the construction unit shall re-perform the procedures in Article 11 of these regulations after it has been revised and improved according to the demonstration report.

If the special construction plan fails to pass the argument, the construction unit shall reorganize the expert argument in accordance with the requirements of this regulation after modification.

Chapter IV Site Safety Management

Article 14 The construction unit shall announce the name of the dangerous project, the construction time and the specific responsible personnel at a prominent position on the construction site, and set up safety warning signs in the dangerous area.

Article 15 Prior to the implementation of the special construction plan, the compiler or project technical person in charge shall submit the plan to the construction site management personnel.

The construction site management personnel shall provide safety technical information to the operating personnel, and shall be signed and confirmed by both parties and the project full-time safety production management personnel.

Article 16 The construction unit shall organize construction strictly in accordance with the special construction plan, and shall not modify the special construction plan without authorization.

If it is necessary to adjust due to planning adjustment, design change, etc., the revised special construction plan shall be re-examined and demonstrated in accordance with these regulations. Where funds or construction period adjustments are involved, the construction unit shall make adjustments in accordance with the agreement.

Article 17 The construction unit shall register the construction operators of major and dangerous projects, and the person in charge of the project shall perform his duties at the construction site.

The full-time safety production management personnel of the project shall conduct on-site supervision of the implementation of the special construction plan. For those who fail to implement the special construction plan, they shall require immediate rectification and report to the project leader in a timely manner. The project leader shall organize the rectification within a time limit.

The construction unit shall carry out construction monitoring and safety inspections on dangerous major projects in accordance with regulations, and shall discover the emergency situation that endangers personal safety, and shall immediately organize the workers to evacuate the dangerous area.

Article 18 The supervision unit shall compile the implementation details of the supervision in conjunction with the special construction plan of the major dangerous project, and carry out a special inspection and inspection of the major dangerous project construction.

Article 19 If the supervision unit finds that the construction unit has not carried out the construction in accordance with the special construction plan, it shall require it to make rectification; if the circumstances are serious, it shall require it to suspend construction and report to the construction unit in a timely manner. If the construction unit refuses to rectify or suspend construction, the supervision unit shall promptly report to the construction unit and the competent department of housing urban and rural construction where the project is located.

Article 20 For dangerous major projects that require third-party monitoring in accordance with regulations, the construction unit shall entrust units with corresponding survey qualifications to perform monitoring.

The monitoring unit shall prepare a monitoring plan. The monitoring plan shall be reviewed and signed by the person in charge of the technical unit of the monitoring unit and affixed with the official seal of the unit, and may only be implemented after being submitted to the supervision unit.

The monitoring unit shall carry out monitoring in accordance with the monitoring plan, report the monitoring results to the construction unit in a timely manner, and be responsible for the monitoring results; when an abnormality is found, report to the construction, design, construction, and supervision unit in a timely manner. The construction unit shall immediately organize the relevant unit to take disposal measures .

Article 21 The construction unit and the supervision unit shall organize relevant personnel to carry out inspection and acceptance of dangerous and major projects that need to be inspected and accepted in accordance with regulations. Those who pass the acceptance check shall be signed and confirmed by the person in charge of the project technical director and chief engineer of the construction unit before entering the next process.

After the acceptance of a critical project, the construction unit shall set up an acceptance sign at an obvious location on the construction site to publicize the acceptance time and responsible personnel.

Article 22 When a dangerous situation or an accident occurs in a major project, the construction unit shall immediately take emergency measures and report to the competent department of housing urban and rural construction where the project is located. Construction, survey, design, supervision and other units shall cooperate with the construction unit in carrying out emergency rescue work.

Article 23 After the emergency rescue of a major project is over, the construction unit shall organize survey, design, construction, supervision and other units to formulate a project restoration plan and conduct a post-evaluation of the emergency rescue work.

Article 24 Construction and supervision units shall establish safety management archives of major and dangerous projects.

The construction unit shall include the special construction plan and related information such as review, expert demonstration, delivery, site inspection, acceptance and rectification, etc.

The supervision unit shall incorporate relevant information such as the detailed rules for supervision implementation, the review of the special construction plan, the special inspection inspection, acceptance and rectification, etc. into the archives management.

Chapter V Supervision and Management

Article 25 The competent department of housing urban and rural construction of local people's governments at or above the district level shall establish an expert bank, formulate an expert bank management system, establish an expert integrity file, and make it public to the public and accept social supervision.

Article 26 The competent department of housing and urban-rural construction of the local people's government at or above the county level or its subordinate construction safety supervision agency shall conduct random inspections of major hazardous projects in accordance with the supervision work plan.

The competent department of housing urban and rural construction of the local people's government at or above the county level or its subordinate construction safety supervision agency may purchase technical services from the government to hire units and personnel with professional and technical capabilities to carry out inspections of major and dangerous projects. The required expenses shall be applied to the finance department at the same level. Be protected.

Article 27 The competent department of housing and urban-rural construction of the local people's government at or above the county level or the construction safety supervision agency affiliated with it shall, when it finds that there are hidden safety hazards in the critical project, shall order the construction unit to make rectifications; before the major hidden safety hazards are eliminated or eliminated If the safety cannot be guaranteed during the process, the operator shall be ordered to withdraw from the hazardous area or temporarily suspend construction; for any act that should be subject to administrative punishment according to law, an administrative penalty decision shall be made according to law.

Article 28 The competent department of housing urban and rural construction of the local people's government at or above the county level shall incorporate the punishment information of units and individuals into the bad credit records of construction safety.

Chapter VI Legal Liability

Article 29 A construction unit that commits one of the following acts shall be ordered to make corrections within a time limit and imposed a fine of 10,000 yuan to 30,000 yuan; the person in charge directly responsible and other directly responsible persons shall be punished by 1,000 yuan but less than 5,000 yuan fine:

(1) Failure to provide information about the surrounding environment of the project in accordance with these regulations;

(2) Failure to list dangerous and hazardous projects in the bidding documents in accordance with these regulations;

(3) Failure to pay in time the technical measures for the construction of the critical project or the corresponding measures for safety protection and civilized construction measures in accordance with the construction contract;

(4) Failure to entrust a unit with corresponding survey qualifications to conduct third-party monitoring in accordance with these regulations;

(5) Failure to take measures to deal with abnormal situations reported by third-party monitoring units.

Article 30 If the survey unit fails to explain the engineering risks caused by geological conditions in the survey documents, it shall be ordered to make corrections within a time limit, and the unit shall be punished in accordance with the "Regulations on the Management of Construction Project Safety in Production"; the directly responsible supervisors and other directly responsible personnel Impose a fine of 1,000 yuan to 5,000 yuan.

Article 31 If the design unit fails to indicate in the design documents the key parts and links involved in the major project, and does not put forward any opinions to ensure the safety of the surrounding environment of the project and the safety of the construction of the project, it shall be ordered to make corrections within a time limit and shall be imposed over 10,000 yuan3 Fines up to 10,000 yuan; fines of 1,000 yuan to 5,000 yuan shall be imposed on the person in charge directly responsible and other directly responsible persons.

Article 32 If a construction unit fails to compile and review a special construction plan for a major hazardous project in accordance with these regulations, the unit shall be punished in accordance with the “Regulations on the Management of Construction Project Safety in Production” and temporarily withheld a production safety license for 30 days; Supervisors and other directly responsible persons shall be fined from 1,000 yuan to 5,000 yuan.

Article 33 If a construction unit commits one of the following acts, it shall be punished in accordance with the “Safety Production Law of the People ’s Republic of China” and the “Regulations on the Management of Construction Work Safety Production”:

(1) Failure to submit the scheme and safety technology to the construction site managers and operators;

(2) failing to announce dangerous projects at prominent positions on the construction site and setting up safety warning signs in dangerous areas;

(3) The full-time safety production management personnel of the project failed to conduct on-site supervision of the implementation of the special construction plan.

Article 34 If a construction unit commits any of the following acts, it shall be ordered to make corrections within a time limit, and a fine of 10,000 yuan to 30,000 yuan shall be imposed, and a production safety license shall be temporarily suspended for 30 days; the person in charge directly responsible and other direct responsibilities Personnel are fined from 1,000 yuan to 5,000 yuan:

(1) Failure to carry out expert demonstration of a special construction plan for a major hazardous project exceeding a certain scale;

(2) failing to modify the special construction plan for critical large-scale projects exceeding a certain size according to the expert demonstration report, or failing to reorganize the expert demonstration in accordance with these regulations;

(3) Failure to organize construction strictly in accordance with the special construction plan, or modify the special construction plan without authorization.

Article 35 If a construction unit commits one of the following acts, it shall be ordered to make corrections within a time limit and imposed a fine of 10,000 yuan to 30,000 yuan; the person in charge directly responsible and other directly responsible persons shall be punished by 1,000 yuan but less than 5,000 yuan fine:

(1) The person in charge of the project fails to perform his duties on site or organize rectification within a time limit in accordance with these regulations;

(2) The construction unit fails to conduct construction monitoring and safety inspections in accordance with these regulations;

(3) Failure to organize acceptance of dangerous major projects in accordance with these regulations;

(4) failing to take emergency measures in the event of danger or accident;

(5) Failure to establish a safety management file for major projects in accordance with these regulations.

Article 36 If a supervision unit commits one of the following acts, the unit shall be punished in accordance with the “Safety Production Law of the People ’s Republic of China” and the “Regulations on the Administration of Work Safety in Construction Projects”; the person in charge directly responsible and other persons directly responsible shall be punished 1,000 yuan Fines above 5,000 yuan:

(1) The supervisory engineer fails to review the special construction plan of the major dangerous project in accordance with these regulations;

(2) It is found that the construction unit has not implemented according to the special construction plan, and has not requested its rectification or suspension of work;

(3) When the construction unit refuses to rectify or suspend construction, it fails to report to the construction unit and the competent department of housing urban and rural construction where the project is located.

Article 37 If a supervision unit commits one of the following acts, it shall be ordered to make corrections within a time limit and be fined from 10,000 yuan to 30,000 yuan; the person in charge directly responsible and other directly responsible persons shall be imposed from 1,000 yuan to 5,000 yuan fine:

(1) Failure to compile detailed rules for supervision implementation according to these regulations;

(2) Failure to conduct special inspections and inspections on the construction of dangerous major projects;

(3) Failure to participate in the organization of acceptance of critical major projects in accordance with these regulations;

(4) Failure to establish a safety management file for dangerous major projects in accordance with these regulations.

Article 38 A monitoring unit that commits one of the following acts shall be ordered to make corrections within a time limit and imposed a fine of 10,000 yuan to 30,000 yuan; the person in charge directly responsible and other directly responsible persons shall be imposed between 1,000 yuan and 5,000 yuan fine:

(1) Failing to obtain corresponding survey qualifications to engage in third-party monitoring;

(2) Failure to prepare a monitoring plan in accordance with these regulations;

(3) Failure to carry out monitoring in accordance with the monitoring plan;

(4) The abnormality was not reported in time.

Article 39 If the staff of the local urban and rural construction department of the local people's government at or above the county level or the construction safety supervision organization affiliated with it fails to perform their duties of safety supervision and management of dangerous projects in accordance with law, they shall be punished in accordance with relevant regulations.

Chapter VII Supplementary Provisions

Article 40 These Provisions shall come into effect on June 1, 2018.


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