安全生产_关于控制的章程对危险化学制品安全

Regulations on the Control over Safety of Dangerous ChemicalsDecree No. 344 of the State Council of the Peoples Republic of ChinaPromulgation Date: 26th January 2002Effective Date: 15th March 2002Promulgated by: The State CouncilChapter I General PrinciplesArticle 1 In order to strengthen the control over safety of dangerous chemicals, to guarantee the peoples life and property safety, and to protect the environment, these Regulations are hereby enacted.Article 2 Production, operation, storage, transportation, and use of dangerous chemicals and disposal of the wasted dangerous chemicals within the territory of the Peoples Republic of China shall be governed by these Regulations, laws and other administrative regulations of the State on production safety.Article 3 “Dangerous chemicals” as referred to herein include explosives, pressure gas, liquefied gas, inflammable liquid, inflammable solid, spontaneous combustible articles, combustible materials in case of moisture, oxidants, organic peroxide, toxic articles, corrosives, etc.Dangerous chemicals listed onto the List of Dangerous Articles (GB 12268) promulgated as the national standard, the catalogue of hyper-toxic chemicals, and other dangerous chemicals not listed onto the List of Dangerous Articles shall be determined and announced by the administrative department in charge of comprehensive management of economy and trade jointly with the administrative departments in charge of public security, environmental protection, health, quality control, traffic control, etc of the State Council.Article 4 The personnel chiefly in charge of units that manufacture, deal in, store, transport, and use the dangerous chemicals and dispose of the wasted dangerous chemicals (hereinafter referred to as the “units of dangerous chemicals”) must guarantee the safety control for their own dangerous chemicals satisfy provisions of the relevant laws, regulations, and rules, as well as requirements of the national standards, and be responsible for the safety of their own dangerous chemicals.The personnel engaging in the manufacture, operation, storage, transportation, use of dangerous chemicals or disposal of wasted dangerous chemicals of the units of dangerous chemicals must take part in the training for the relevant laws, regulations, rules, safety knowledge, professional skills, vocational safety protection, and emergency knowledge. Only those passing the examination may hold their posts.Article 5 The relevant departments in charge of supervision and administration of the manufacture, operation, storage, transportation, use of dangerous chemicals, and the disposal of the wasted dangerous chemicals shall fulfill their responsibilities according to the following provisions:(1) The administrative department in charge of overall management of economy and trade of the State Council and the administrative departments of economy and trade of the peoples governments of provinces, autonomous regions, and municipalities directly under the Central Peoples Government shall, in accordance with these Regulations, be responsible for the overall work for the supervision and administration of safety of dangerous chemicals, be responsible for examination and approval of the establishment, reconstruction, and expansion of enterprises that manufacture or store dangerous chemicals, be responsible for the examination and appointment of the professional manufacturing enterprises of packing materials or containers (including trough containers used for transportation, hereinafter inclusive), be responsible for issuance of the licenses for operation of dangerous chemicals, be responsible for registration of domestic dangerous chemicals, be responsible for organizing and coordinating the emergency rescue for the dangerous chemical accidents, and be responsible for the supervision and examination of the aforesaid matters. The administrative department in charge of the overall work for supervision and administration of safety of dangerous chemicals of the peoples governments of municipalities (with districts) and the peoples governments at the county level shall be determined by the peoples governments at all levels, and fulfill their responsibilities in accordance with these Regulations.(2) The public security organs shall be responsible for the public security control over dangerous chemicals, be responsible for the issuance of hyper-toxic chemical purchase credence and purchase licenses, be responsible for examining, approving, and issuing road transportation passes for hyper-toxic chemicals, be responsible for supervision over the safety of the road transportation of dangerous chemicals, and be responsible for the supervision and examination of the aforesaid matters.(3) The administrative departments in charge of quality control shall be responsible for the issuance of the manufacture licenses for dangerous chemicals and their packing materials as well as containers, be responsible for the supervision over the quality of packing materials and containers of dangerous chemicals, and be responsible for the supervision and examination of the aforesaid matters.(4) The administrative departments in charge of environmental protection shall be responsible for the supervision and administration of the disposal of wasted dangerous chemicals, be responsible for the investigation of serious dangerous chemical pollution accidents and the ecological damage incidents, be responsible for the emergency monitoring of the sites of toxic chemical accidents and registration of the imported dangerous chemicals, and be responsible for the supervision and examination of the aforesaid matters.(5) The administrative departments in charge of railways and civil aviation shall be responsible for the railway and air transportation of dangerous chemicals, and the safety control, supervision, and examination of railway and air transportation units for dangerous chemicals and their means of transport. The administrative departments in charge of communications shall be responsible for the safety control of the highway and waterway transportation units for dangerous chemicals and their means of transport, and the supervision over safety in the waterway transportation of dangerous chemicals, be responsible for determining the professional levels of highway and waterway transportation units for dangerous chemicals, drivers, shipmen, loading and unloading personnel, and transport escorts, and be responsible for the supervision and examination of the aforesaid matters.(6) The administrative departments in charge of health shall be responsible for the authentication of toxicity of dangerous chemicals, and the medical rescue of the personnel who die or are injured due to accidents of dangerous chemicals.(7) The administrations for industry and commerce shall, in accordance with the approval or licenses of the relevant departments, issue the business licenses for units that manufacture, deal in, store, or transport dangerous chemicals, and supervise and administer the business operations in the dangerous chemical market.(8) The administrative departments in charge of post shall be responsible for the supervision and examination of dangerous chemicals sent by post.Article 6 The relevant departments in charge of supervision and administration of units of dangerous chemicals in accordance with these Regulations may exercise the following powers in the course of supervision and examination according to law:(1) To enter into the operating sites of dangerous chemicals to make the spot examination, to transfer the relevant materials, and learn the relevant information form the personnel concerned, and to table the proposals for units of dangerous chemicals to make rectification and improvement;(2) To order the parties concerned to eliminate the hidden risks of accidents of dangerous chemicals forthwith or within a specified time limit when such risks are discovered;(3) To order the parties concerned to cease forthwith the use of facilities, equipment, apparatus, and means of transport that fails to meet the relevant laws, regulations, rules, and national standards based on evidence; and(4) To make corrections on the spot, or to order the parties concerned to make corrections when finding the illegal acts.Units of dangerous chemicals shall be subject to the supervision and examination conducted by the relevant departments according to law without refusal or hindrance.When performing their duties of supervision and examination, the personnel assigned by the relevant departments shall produce their certificates.Chapter II Manufacture, Storage, and Use of Dangerous ChemicalsArticle 7 The State carries out the unified planning, rational arrangement, and strict control over the manufacture and storage of dangerous chemicals, and implements the system to examine and approve the manufacture and storage of dangerous chemicals. Without examination and approval of the State, any units and individuals shall not manufacture or storage dangerous chemicals.The peoples governments at the municipality level (with districts established within the municipality ) shall, according to the local actual demand for the economic development, allocate the appropriate areas to be specialized for the manufacture and storage of dangerous chemicals in accordance with the principle of ensuring safety when making the overall planning.Article 8 An enterprise for manufacture or storage of dangerous chemicals must fulfill the following qualifications:(1) It shall have the manufacture techniques, equipment, or warehousing means and facilities meeting the national standards;(2) The distance of protection around factories and warehouses shall meet the national standards or the relevant provisions of the State;(3) It shall have the management and technical personnel satisfying the demand for manufacture or storage;(4) It shall have healthy safety control system; and(5) It shall have full qualifications as required by laws, regulations, and national standards.Article 9 In order to establish an enterprise for the manufacture or storage of hyper-toxic chemicals, and an enterprise for the manufacture or storage of other dangerous chemicals, the applications shall be filed to the administrative department in charge of economy and trade of the relevant province, autonomous region, or municipality directly under the Central Peoples Government and the administrative department in charge of the overall work of supervision and administration of safety in dangerous chemicals of the peoples government at the municipality level (with districts) respectively, and submit the following documents:(1) The feasibility research report;(2) Indicators of physical chemical properties such as ignition point, spontaneous combustion point, flash point, limits of explosion, toxicity, etc. of raw materials, intermediary products, final products, or stored dangerous chemicals;(3) Technical requirements on the packing, storage, and transportation;(4) A safety evaluation report;(5) Measures emergency rescue; and(6) The supporting documents fulfilling conditions of Article 8 herein.The administrative departments in charge of economy and trade of the peoples governments of provinces, autonomous regions, and municipalities directly under the Central Peoples Government, or the administrative departments in charge of the overall work of supervision and administration of safety of dangerous chemicals of the peoples governments at the municipality level (with districts) shall organize the relevant experts to examine the applications received and the documents submitted, and shall report the examination opinions of these experts to the peoples governments at the same levels to make decisions of approval or disapproval. According the decisions of the peoples governments, the administrative departments in charge of economy and trade of the peoples governments of provinces, autonomous regions, and municipalities directly under the Central Peoples Government, or the administrative departments in charge of the overall work of supervision and administration of safety of dangerous chemicals of the peoples governments at the municipality level (with districts) shall issue the documents of approval to the approved applicant; otherwise, they shall notify the disapproved applicants in writing.The approved applicants shall go through the registration formalities with the administrations for industry and commerce depending on the documents of approval.Article 10 Except the fueling stations for means of transport, such quantity of the installations manufacturing and storing dangerous chemicals constituting the serious hazard sources and the distance from the following places and areas must satisfy the national standards or the relevant provisions of the State:(1) Resident estates, commercial centers, parks, and other densely inhabited districts;(2) Schools, hospitals, cinemas, stadiums, gymnasiums, and other public facilities;(3) Water supply sources, water plants, and water source protection zones;(4) Stations, docks (excluding those specialized for loading and unloading of dangerous chemicals upon approval according to the relevant provisions of the State), airports, highways, railways, waterway main lines, wind booths, entrance, and exit of underground railways;(5) The basic farmland protection zones, animal husbandry zones, fishing waters, and bases to produce seeds, breeders, and offspring of aquatic products;(6) Rivers, lakes, places of historical interest and scenic spots, and natural protection zones;(7) Prohibited military zones and military control zones; and(8) Other areas to be protected by laws and administrative regulations.In case that the quantity of installations manufacturing dangerous chemicals that have been built, and the storage facilities that constitute the serious hazard sources does not fulfill the provisions of the preceding Paragraph, the administrative departments in charge of the overall work for the supervision and administration of safety of dangerous chemicals of the peoples governments at the municipality level (with districts established within the municipality ) shall supervise the parties concerned to make rectification and improvement within the specified time limit. The change of the line of production, the stoppage of production, the move, or shutdown shall be reported to the peoples governments at the same levels for approval, and carry out such activities upon approval.“Serious hazard sources” as referred to herein means cells (including places and installations) in which the dangerous chemicals are manufactured, transported, used, or stored, or the wasted chemicals are disposed of , and the quantity of dangerous chemicals is equal to or exceeds the threshold quantity.Article 11 The reconstruction or expansion of an enterprise for manufacture or storage of dangerous chemicals must be examined and approved in accordance with the provisions of Article 9 herein.Article 12 An enterprise to manufacture dangerous chemicals that is established according to law must apply to the administrative department in charge of quality control of the State Council for drawing the license for manufacturing dangerous chemicals; any enterprise that fails to obtain such license shall not commence the manufacture of dangerous chemicals.The administrative department in charge of quality control of the State Council shall notify the administrative department in charge of comprehensive management of economy and trade, the administrative department in charge of environmental protection, and the public security organ of the State Council of the situation about the issuance of licenses for manufacturing dangerous chemicals.Article 13 Any units and individuals shall not manufacture, deal in, or use dangerous chemicals that are prohibited by the States public proclamation.Hyper-toxic chemicals shall be prohibited from manufacturing raticides and other chemical products and chemicals for the daily use.Article 14 Whoever manufactures dangerous chemicals shall attach the technical specifications for the safety of chemicals in full accord with dangerous chemicals in the packing materials of dangerous chemicals, and affix or post the safety signs for chemicals in full accord with dangerous chemicals in the packing materials on the external packaging materials.When finding that dangerous chemicals manufactured have the new hazard characteristics, the manufacturing enterprises of dangerous chemicals shall make the public announcements forthwith, and modify the technical specifications for safety and the safety signs in time.Article 15 The production conductions of units engaging in the manufacture of dangerous chemicals must fulfill the national standards and the relevant provisions of the State, and these units shall obtain the corresponding licenses in accordance with the relevant laws and regulations of the State, must establish and strengthen the regulations and rules on the safety control over the use of dangerous chemicals, and guarantee the safe use and control over dangerous chemicals.Article 16 Whoever manufactures, stores, or makes use of dangerous chemicals shall, according to the varieties and characteristics of dangerous chemicals, set up the corresponding safety facilities and equipment for monitoring, ventilation, burning resistance, tempering, fireproofing, fire control, explosion protection, pressure relief, antitoxin, disinfections, neutralization, moisture prevention, lightning protection, static electricity resistance, antisepsis, seep-proofing, reclamation dam protection, or isolated operation in the workshops and operating sites, maintain and protect them