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Construction Engineering Education Network > Policies and Regulations > Department Regulations > Text

Regulations on Safety Management of Sub-projects with Higher Risks (Consultation Draft)

2017-10-15 14:45 Legal Affairs Office of the State Council [Large, Medium and Small] [Print] [I want to correct]

In order to strengthen the safety management of the more dangerous sub-projects and effectively prevent production safety accidents, our Ministry has drafted the “Regulations on the Safety Management of Sub-projects with Higher Risks (Draft for Comment)”, which is now open to the public solicit opinions. The public can submit comments before October 7, 2017 through the following channels and methods:

1. Log in to the Chinese Government's Legal Information Network ( www.chinalaw.gov.cn ) and enter the "Legislative Opinions" section of the main menu on the homepage to make comments.

2. Email: liujh@mail.cin.gov.cn .

3. Correspondence address: Department of Laws and Regulations of the Ministry of Housing and Urban-Rural Development, No. 9 Sanlihe Road, Haidian District, Beijing (Postal Code: 100835), and please indicate on the envelope "Some dangerous project safety management regulations for comments" Typeface.

4. Fax comments and suggestions to: 010-58934450.

Ministry of Housing and Urban-Rural Development
September 7, 2017

Regulations on safety management of more dangerous sub-projects (draft for comments)

Chapter I General Provisions

Article 1 (Objectives and Basis) In order to strengthen the safety management of the more dangerous sub-projects, effectively prevent production safety accidents, in accordance with the "Building Law of the People's Republic of China", the "Production Safety Law of the People's Republic of China" and "Construction Engineering Safety Regulations on Production Management, etc., formulate these regulations.

Article 2 (Scope of Application) These Provisions apply to the safety management of sub-projects that are more dangerous in building construction and municipal infrastructure projects.

Article 3 (Definition) The more dangerous sub-projects (hereinafter referred to as "dangerous major projects") referred to in these Provisions refer to those who are liable to cause death or injury to people during the construction process of housing construction and municipal infrastructure projects Sub-projects.

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

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

Article 4 (Subject of Safety Supervision) The department in charge of housing and urban-rural construction of the State Council is responsible for the guidance and supervision of safety management of major national critical 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 own administrative areas.

Chapter II Early Guarantee

Article 5 (Requirement of Construction Unit) The construction unit shall provide the survey, design, construction, supervision and other units with true and accurate engineering geological and hydrogeological data, the construction site and adjacent buildings, structures, underground projects, roads and underground pipelines, etc. (Hereinafter referred to as the surrounding environment of the project).

Article 6 (Survey and Design Requirements) 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 list in the design document a list of critical projects such as foundation pit projects and formwork support projects that involve engineering construction safety, and propose measures and requirements for ensuring the safety of the surrounding environment and engineering construction safety.

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

Article 8 (Requirement for Fund Guarantee) The construction unit shall timely pay the cost of safety protection and civilized construction measures in accordance with the contract stipulated in the construction contract to ensure the safety of the construction of critical projects.

Article 9 (License Requirement) When applying for a construction permit, the relevant materials submitted by the construction unit to ensure the safety of the project shall include information such as the list of dangerous projects and its safety management measures.

Chapter III Special Safety Construction Plan

Article 10 (Plan Preparation) Prior to the construction of a critical project, the construction unit shall organize engineering technical personnel to prepare a special safety construction plan (hereinafter referred to as the "special plan").

The special plan should include project overview, preparation basis, construction plan, construction process technology, identification of hazard sources and possible accident identification, construction safety guarantee measures, construction management and staffing and division of labor, calculation books and related construction drawings, and acceptance requirements And emergency measures.

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

Article 11 (Plan Review) The special plan shall be reviewed by the construction unit's professionals in the relevant departments of technology, safety, quality, materials, and equipment. Those who pass the examination shall be signed by the technical person in charge of the construction unit and affixed with the official seal of the unit.

Where a dangerous project is subcontracted and a special plan is prepared by the subcontracting unit, the special plan shall be jointly signed by the technical contractor of the general contracting unit and the technical director of the subcontracting unit and shall bear the official seal of the unit.

Article 12 (Review of Supervision) The special plan shall be reported to the supervision unit after being reviewed by the construction unit, and the project director and engineer shall review and sign it and affix the practice seal and official seal of the supervision unit before implementation.

Article 13 (Demonstration Requirements) For critical large projects exceeding a certain scale, the construction unit shall organize experts to demonstrate the special plan. In the case of general construction contracting, an expert demonstration meeting shall be organized by the general construction contracting unit. Experts justified that the special plan should be reviewed by the construction unit and reviewed by the project manager and engineer.

The people participating in the expert demonstration should include:

(1) expert group;

(2) the person in charge of the project of the construction unit or the person in charge of technology;

(3) the person in charge of project technology of the survey and design unit;

(4) The general contractor and subcontractor are in charge of the person in charge of safety, the person in charge of technology, the person in charge of the project, the person in charge of the project, the person preparing the special plan, the full-time safety production manager and the relevant personnel of the project;

(5) Supervising unit project manager and engineer.

Article 14 (Composition of Experts) The expert group shall consist of 5 or more experts who meet the professional requirements, and the experts shall be selected from the local expert database. When the local experts are unable to meet the requirements, they can be supplemented from a remote expert database.

The personnel of all parties involved in this project shall not participate in the expert demonstration as experts.

Article 15 (Argument Report) The main content of the expert's argument:

(1) Whether the content of the special plan is complete and feasible;

(2) Whether the calculation plan of the special plan, the basis for checking calculations, and the construction drawings conform to relevant standards and specifications;

(3) Whether the special plan is consistent with the actual situation on site and can ensure construction safety.

After the special scheme has been demonstrated, the expert group shall submit a demonstration report and be responsible for the authenticity and scientificity of the demonstration report. The argumentation report shall provide clear opinions on the main content of the argumentation, draw conclusions of approval, amendment, or non-approval, and shall be signed and confirmed by the expert group.

Article 16 (Modification of Special Schemes) If a special scheme needs to be revised after it has been demonstrated, it shall be revised by the construction unit in accordance with the demonstration report and approved by the technical leader of the construction unit, the chief engineer of the project, the project leader of the construction unit, and the expert group Only after the signature is confirmed by the president, can the organization implement it. Subcontracting shall be signed and confirmed by the technical contractor of the general contractor and the subcontractor.

If the special 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 17 (Requirement for Announcement) Prior to the implementation of the special plan, the construction unit shall announce the name of the critical project, construction time and specific responsible personnel at a prominent location on the construction site, and set up safety warning signs in the dangerous area.

Article 18 (Technical Disclosure) Prior to the implementation of the special 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 19 (Construction Basis) The construction unit shall organize construction strictly in accordance with the special plan, and shall not modify the special plan without authorization.

If it is really necessary to adjust due to planning adjustments, design changes, etc., the revised special plan shall be re-examined as required. As for the special schemes for critical large projects exceeding a certain scale, the construction unit shall reorganize experts to demonstrate. When additional funds are needed or the construction period is postponed, the construction unit shall guarantee the funding and construction period.

Article 20 (On-site safety management) During the construction of a critical project, the construction unit shall register the workers on the job. The person in charge of the project shall take shifts 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 plan, and those who fail to implement the special plan shall require immediate rectification and timely report to the person in charge of the project. For those who cannot rectify immediately, the person in charge of the project shall organize rectification within a time limit.

The construction unit shall carry out construction monitoring and safety inspections of dangerous major projects in accordance with regulations, and shall immediately organize workers to evacuate the dangerous area when it finds an emergency that endangers personal safety.

Article 21 (Supervision Regulations) The supervision unit shall, in combination with the special plan for critical engineering, compile detailed rules for the implementation of supervision, and implement side-site supervision for critical engineering construction.

The detailed rules for the implementation of supervision shall include the contents of the project, the basis for preparation, the main points of supervision, the supervision methods, the inspection records and acceptance requirements, the staffing and division of supervision and so on.

Article 22 (Supervision and Treatment) If the construction unit fails to carry out the construction according to the special plan, the supervision unit shall order it to make rectification. If the circumstances are serious, the supervision unit shall require the construction unit 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 23 (Third-Party Monitoring) For construction projects such as foundation pits that require third-party monitoring in accordance with regulations, construction units shall entrust units with corresponding survey qualifications to carry out third-party monitoring of the construction of dangerous projects.

The monitoring unit shall prepare a monitoring plan.

The monitoring plan should include monitoring basis, monitoring content, monitoring methods, personnel and equipment, monitoring frequency, early warning standards, and reporting of monitoring results. 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 and inspections in accordance with the monitoring plan, and report the monitoring results to the construction unit in a timely manner. When abnormalities are found, they shall be reported to the construction, design, construction, and supervision units in a timely manner. The construction units shall immediately organize the relevant units to take disposal measures.

The monitoring unit shall be responsible for the authenticity and accuracy of the monitoring results.

Article 24 (Requirement for Acceptance) For hazardous projects that need to be inspected and accepted in accordance with regulations, the construction unit and supervision unit shall organize the project technical leader, full-time safety production management personnel, supervision engineer, engineering survey, engineering design and monitoring unit, etc. Acceptance by personnel. Those who pass the acceptance check shall be signed by the person in charge of the project technical director and project manager 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 25 (Emergency Disposal) When a dangerous situation or accident occurs in a major project, the construction unit shall immediately take emergency disposal measures and report it to the competent department of housing urban and rural construction where the project is located. Construction, survey, design, supervision and other units shall coordinate and cooperate with the construction unit to carry out emergency rescue work.

Article 26 (Restoration and Evaluation) 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-assessment of the emergency rescue work.

Article 27 (Data Management) The construction and supervision unit shall establish a safety management file for dangerous projects.

The construction unit shall incorporate the information of the special plan and review, expert demonstration, relevant submission, on-site inspection, acceptance and rectification, etc. into the archives management.

The supervision unit shall incorporate the details of supervision implementation, special plan review materials, on-site inspections, inspections and rectification materials, etc. into the archives management.

Chapter V Supervision and Management

Article 28 (Establishment of Expert Bank) The competent department of housing, urban and rural construction of local people's governments at or above the county level shall establish an expert bank in their administrative area, and publish the list of experts and their employment experience.

The experts in the expert bank should have the following conditions:

(1) Honest and trustworthy, decent work style, and academic rigor;

(2) Engaged in professional work for more than 15 years or have rich professional experience;

(3) Have senior professional and technical titles.

Article 29 (Management of Expert Banks) The competent departments of housing, urban and rural construction of local people's governments at or above the county level shall formulate expert qualification review methods and management systems, establish expert integrity files, and update the expert bank in a timely manner.

Article 30 (Supervision and random inspection) The competent department of housing urban and rural construction of the local people's government at or above the county level or the construction safety supervision institution to which it belongs shall conduct random inspections of dangerous major projects in accordance with the supervision work plan. The spot checks mainly include:

(1) The performance of the parties involved in the project construction;

(2) The security situation of the hazardous project entity.

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 can purchase technical services from the government and hire units and personnel with professional and technical capabilities to inspect critical and major projects. Protection.

Article 31 (Illegal investigation and punishment) If the competent department of housing, urban and rural construction of the local people's government at or above the county level finds that there are hidden dangers to the safety of major projects during supervision and random inspection, it shall be ordered to eliminate them immediately; administrative penalties shall be made according to law Decision on administrative punishment; if the safety cannot be ensured before or during the removal of hidden dangers of a major safety accident, the operator shall be ordered to withdraw from the dangerous area or temporarily suspend construction.

Article 32 (Credit Management) The competent department of housing, urban and rural construction of local people's governments 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 33 (Responsibility of the construction unit) If the construction unit has one 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; the person in charge directly responsible and other persons directly responsible shall be punished with 1,000 yuan Fines above 5,000 yuan:

(1) Failure to list the dangerous projects in the bidding documents;

(2) Failure to provide the surrounding environment data of the project as required;

(3) Failure to timely pay the cost of safety protection and civilized construction measures as agreed in the construction contract;

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

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

Article 34 (Responsibility of the survey unit) If the survey unit fails to specify the engineering risks that may be caused by the 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 Work Safety Production"; Personnel and other persons directly responsible shall be fined from 1,000 yuan to 5,000 yuan.

Article 35 (Responsibilities of the Design Unit) The design unit has not listed the list of critical projects such as foundation pit projects and formwork support projects that involve engineering construction safety in the design documents, and has not proposed measures to ensure the safety of the surrounding environment of the project and the safety of the project construction. Measures and requirements shall be ordered to make corrections within a time limit and a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed; the person responsible shall be fined not less than 1,000 yuan but not more than 5,000 yuan.

Article 36 (Responsibilities of the construction unit 1) If the construction unit has any of the following actions, the unit shall be punished in accordance with the “Regulations on the Management of Construction Project Safety in Production” and temporarily suspended the enterprise's production safety license for 30 days; And other directly responsible persons shall be fined 1,000 yuan to 5,000 yuan; if a crime is constituted, criminal liability shall be investigated in accordance with the law:

(1) Failure to prepare a special plan for a major hazardous project;

(2) Failure to review special plans for critical major projects in accordance with regulations.

Article 37 (Responsibilities of the construction unit) If the construction unit has one of the following actions, the unit and relevant responsible personnel shall be punished in accordance with the “Safety Production Law of the People ’s Republic of China” and the “Regulations on the Management of Work Safety in Construction Engineering”; To investigate criminal responsibility according to law:

(1) Failure to submit the solution and safety technology to the on-site managers and operators;

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

(3) The full-time safety production management personnel of the project have not conducted on-site supervision of the implementation of the special plan;

(4) Failure to establish a safety management file for a major hazardous project in accordance with regulations.

Article 38 (Responsibility of the construction unit 3) If the construction unit has one of the following acts, it shall be ordered to make corrections within a time limit, be fined from 10,000 yuan to 30,000 yuan, and temporarily suspend the enterprise's production safety license for 30 days; be directly responsible Supervisors and other persons directly responsible shall be fined 1,000 yuan to 5,000 yuan; if a crime is constituted, criminal responsibility shall be investigated according to law:

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

(2) failing to modify the special project plan for critical large projects exceeding a certain scale according to the expert demonstration report, or failing to reorganize the expert demonstration according to the regulations;

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

Article 39 (Responsibilities of the construction unit 4) If the construction unit commits one 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; the person in charge directly responsible and other persons directly responsible shall be punished with 1,000 Fines ranging from RMB 5,000 to RMB 5,000:

(1) The person in charge of the project fails to lead a shift or organize rectification on site;

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

(3) Failure to organize the acceptance of critical projects;

(4) In the event of danger or accident, no emergency measures have been taken.

Article 40 (Responsibilities of Supervision Units 1) If a supervision unit commits one of the following acts, the unit shall be punished in accordance with the “Regulations on Work Safety of Construction Projects” of the “Safety Production Law of the People ’s Republic of China”; the person in charge directly responsible and other directly The responsible person shall be fined from 1,000 yuan to 5,000 yuan:

(1) the project director and engineer fail to review the special plan according to the regulations;

(2) The construction unit has not implemented the project according to the special plan, and has not been ordered to rectify or suspend construction;

(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 41 (Responsibility of the supervision unit) If the supervision 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 to 30,000 yuan; the person in charge directly responsible and other directly responsible persons shall be punished with 1,000 Fines ranging from RMB 5,000 to RMB 5,000:

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

(2) Failure to implement side station supervision for the construction of dangerous major projects;

(3) Failure to establish a safety management file for a major hazardous project in accordance with regulations;

(4) The project director and engineer did not participate in the acceptance check and signature as required.

Article 42 (Responsibility of the monitoring unit) If the monitoring 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 persons directly responsible shall be punished with 1,000 yuan Fines above 5,000 yuan:

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

(2) Failure to prepare a third-party monitoring plan in accordance with regulations;

(3) Failure to monitor and patrol in accordance with a third-party monitoring program;

(4) The monitoring results provided are not true;

(5) The abnormality was not reported in time.

Article 43 (Responsibility for Supervision) If 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 and its staff fail to perform their duties of safety supervision and management of dangerous major projects according to law, they shall be punished in accordance with relevant regulations. ;Constitute a crime, be held criminally responsible.

Chapter VII Supplementary Provisions

Article 44 (Effective Time) These Provisions shall be implemented as of the date.

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