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Regulations on safety management of divisional and subdivisional works with high risk

Ministry of housing and urban rural development at 18:46, March 21, 2018【 large ? in ? Small [Print] [I want to correct]

Decree No. 37 of the Ministry of housing and urban rural development of the people's Republic of China

Regulations on safety management of divisional and sub divisional works with high risk, which was deliberated and adopted at the 37th executive meeting of the Ministry on February 12, 2018, is hereby promulgated and shall come into force as of June 1, 2018.

Ministry of housing and urban rural development

Minister Wang Menghui

March 8, 2018

   Regulations on safety management of divisional and subdivisional works with high risk

  general provisions

Article 1 These Provisions are formulated in accordance with the construction law of the people's Republic of China, the production safety law of the people's Republic of China, the regulations on the administration of safe production of construction projects and other laws and regulations in order to strengthen the safety management of divisional and sub divisional projects with high risk in housing construction and municipal infrastructure projects, and effectively prevent production safety accidents.

Article 2 These Provisions are applicable to the safety management of divisional and subdivisional works with greater risk in housing construction and municipal infrastructure projects.

Article 3 the sub divisional and sub divisional works with greater risk (hereinafter referred to as "dangerous and major projects") as mentioned in these Provisions refer to the divisional and sub divisional works that are prone to cause casualties or major economic losses during the construction of housing construction and municipal infrastructure projects.

The scope of large and dangerous projects and those exceeding a certain scale shall be formulated by the competent department of housing and urban rural construction under the State Council.

The provincial authorities in charge of housing and urban and rural construction can supplement the scope of dangerous and large-scale projects in this region in combination with the actual situation of the region.

Article 4 the competent department of housing and urban rural construction under the State Council shall be responsible for the guidance and supervision of the safety management of major and dangerous projects throughout the country.

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

   Chapter II early guarantee

Article 5 the construction unit shall provide true, accurate and complete engineering geology, hydrogeology and the surrounding environment of the project according to law.

Article 6 a survey unit shall, in accordance with the actual situation of the project and the 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 dangerous and large-scale projects, put forward opinions on ensuring the safety of the surrounding environment and construction safety of the project, and carry out special design when necessary.

Article 7 the construction unit shall organize the survey and design units to list the list of dangerous and large-scale projects in the construction bidding documents, require the construction unit to supplement and improve the list of dangerous and large-scale projects and clarify the corresponding safety management measures.

The construction unit shall pay for the construction cost of large and dangerous projects in time in accordance with Article 8 of the contract.

Article 9 when applying for going through the safety supervision procedures, the construction unit shall submit the list of dangerous and major projects and the safety management measures.

   Chapter III special construction scheme

Article 10 the major construction unit shall organize the construction personnel to prepare the special construction scheme before.

If the general construction contract is implemented, the special construction scheme shall be organized and compiled by the general contractor. In case of subcontracting of large and dangerous projects, the special construction scheme can be organized and compiled by the relevant professional subcontractors.

Article 11 the special construction scheme shall be examined and signed by the technical director of the construction unit, stamped with the official seal of the unit, and the Supervision Engineer It can only be implemented after examination and signature and affixing the practicing seal.

In case of subcontracting for large and dangerous projects, and the special construction scheme is prepared by the subcontractor, the special construction scheme shall be jointly reviewed and signed by the technical director of the general contractor and the technical director of the subcontracting unit, and sealed with the official seal of the unit.

Article 12 for large and dangerous projects exceeding a certain scale, the construction unit shall organize and hold an expert demonstration meeting to demonstrate the special construction scheme. If the general construction contract is implemented, the general construction contractor shall organize and hold an expert demonstration meeting. The special construction scheme shall be reviewed by the construction unit and the chief supervision engineer before the expert demonstration.

Experts shall be selected from the expert database established by the housing and Urban Rural Construction Department of the local people's government, and the number of experts shall not be less than 5. Personnel who have an interest in the project shall not participate in the expert demonstration meeting as experts.

Article 13 after the expert argumentation meeting, a demonstration report shall be formed to put forward the consensus on whether the special construction scheme is approved, modified or not. The expert shall be responsible for the demonstration report and sign for confirmation.

If the special construction scheme needs to be modified after demonstration, the construction unit shall revise and improve the demonstration report and re perform the procedures in Article 11 of the provisions.

If the special construction scheme fails to pass the demonstration, the construction unit shall re organize the expert demonstration according to the requirements of this regulation after modification.

  Chapter IV site safety management

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

Article 15 before the implementation of a special construction scheme, the compilers or the technical director of the project shall disclose the scheme to the management personnel on the construction site.

The management personnel on the construction site shall make safety technical disclosure to the operators, which shall be jointly signed and confirmed by both parties and the full-time safety production management personnel of the project.

Article 16 the construction unit shall organize the construction in strict accordance with the special construction scheme, and shall not modify the special construction scheme without authorization.

If it is really necessary to adjust due to planning adjustment, design change and other reasons, the modified special construction scheme shall be re examined and demonstrated in accordance with the provisions. The construction period shall be adjusted according to the agreement of the construction unit.

Article 17 the construction unit shall register the construction workers of dangerous and large-scale projects, and the project leader shall perform his duties at the construction site.

The full-time safety production management personnel of the project shall conduct on-site supervision on the implementation of the special construction scheme. If the construction is not carried out in accordance with the special construction scheme, it shall require immediate rectification and timely report to the project leader, who shall timely organize rectification within a time limit.

The construction unit shall carry out construction monitoring and safety inspection for large and dangerous projects in accordance with the regulations. In case of emergency that endangers personal safety, the construction unit shall immediately organize the operators to leave the dangerous area.

Article 18 of the supervision rules for major dangerous projects shall be formulated and implemented in combination with special inspection for major dangerous projects.

Article 19 If the supervision unit finds that the construction unit fails to carry out the construction according to the special construction scheme, it shall require the construction unit to carry out rectification; if the circumstances are serious, it shall require the construction unit to suspend construction and report to the construction unit in time. If the construction unit refuses to rectify or stop the construction, the supervision unit shall timely report to the construction unit and the competent department of housing and urban and rural construction where the project is located.

Article 20 for large and dangerous projects that need to be monitored by a third party according to regulations, the construction unit shall entrust a unit with corresponding survey qualification to carry out monitoring.

Monitoring units shall work out monitoring plans. The monitoring scheme shall be reviewed, signed and sealed by the technical director of the monitoring unit and submitted to the supervision unit before implementation.

The monitoring unit shall carry out the monitoring according to the monitoring scheme, report the monitoring results to the construction unit in time, and be responsible for the monitoring results; in case of any abnormality, it shall timely report to the construction, design, construction and supervision units, and the construction unit shall immediately organize relevant units to take disposal measures.

Article 21 the construction unit and the supervision unit shall organize relevant personnel to carry out the acceptance of dangerous and large projects that need to be checked and accepted according to the regulations. If the acceptance is qualified, it can enter into the next process after being signed and confirmed by the project technical director of the construction unit and the chief supervision engineer.

After the acceptance, the construction unit should set up the sign of responsibility for the construction site.

Article 22 in case of any dangerous situation or accident in a large and dangerous project, the construction unit shall immediately take emergency measures and report to the competent department of housing and urban rural construction where the project is located. The construction, survey, design, supervision and other units shall cooperate with the construction unit to carry out emergency rescue work.

Article 23 after the completion of emergency rescue for large and dangerous projects, the construction unit shall organize the survey, design, construction, supervision and other units to formulate the project recovery plan, and conduct post evaluation on the emergency rescue work.

Article 24 the construction and supervision units shall establish safety management files for major and dangerous projects.

The construction unit shall include the special construction scheme and relevant data of audit, expert demonstration, disclosure, on-site inspection, acceptance and rectification into archives management.

The supervision unit shall include the supervision implementation rules, special construction scheme review, special inspection, acceptance and rectification and other relevant data into the file management.

  Chapter V Supervision and Administration

Article 25 The competent department of housing and urban rural construction of the local people's government at or above the municipal level divided into districts shall establish an expert database, formulate an expert database management system, establish an expert credit file, which shall be published to the public and accept social supervision.

Article 26 The competent housing and urban rural construction departments or the construction safety supervision institutions of the local people's governments at or above the county level shall conduct spot checks on major and dangerous projects according to the supervision work plan.

The competent housing and urban rural construction departments of the local people's governments at or above the county level or their subordinate construction safety supervision institutions may employ units and personnel with professional and technical ability to inspect major and dangerous projects by means of government purchase of technical services, and the expenses required shall be guaranteed by financial application at the same level.

Article 27 If the competent department of housing and urban rural construction or the construction safety supervision organization of the local people's government at or above the county level finds that there are potential safety hazards in the large and dangerous projects in the course of supervision and random inspection, the construction unit shall be ordered to rectify; if safety cannot be guaranteed before or during the elimination of major safety accident hidden danger, the operator shall be ordered to withdraw from the dangerous area or temporarily Stop the construction; for the behavior that should be given administrative punishment according to law, the decision of administrative penalty shall be made according to law.

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

  Chapter VI Legal Liability

Article 29 If a construction unit commits any of the following acts, it shall be ordered to make corrections within a time limit and be fined not less than 10000 yuan but not more than 30000 yuan; the person in charge directly responsible and other persons directly responsible shall be fined not less than 1000 yuan but not more than 5000 yuan:

(1) failing to provide information on the surrounding environment of the project in accordance with these provisions;

(2) failing to list the dangerous and large-scale projects in the bidding documents in accordance with these provisions;

(3) failing to pay in time the construction technical measures fees for dangerous and large-scale projects or the corresponding safety protection and civilized construction measures fees in accordance with the provisions of the construction contract;

(4) failing to entrust a third-party monitoring unit with corresponding survey qualification in accordance with these provisions;

(5) failing to organize and take measures to deal with the abnormal situation reported by the third-party monitoring unit.

Article 30 If a survey unit fails to state in the survey documents the engineering risks that may be caused by geological conditions, it shall be ordered to make corrections within a time limit, and the unit shall be punished in accordance with the regulations on the administration of production safety in construction projects; the person in charge directly responsible and other persons directly responsible shall be fined not less than 1000 yuan but not more than 5000 yuan.

Article 31 If a design unit fails to indicate in the design documents the key parts and links involved in dangerous and large-scale projects, and fails to put forward opinions on ensuring the safety of the surrounding environment and construction safety of the project, it shall be ordered to make corrections within a time limit and be fined not less than 10000 yuan but not more than 30000 yuan; the person in charge directly responsible and other persons directly responsible shall be fined not less than 1000 yuan but not more than 5000 yuan.

Article 32 If the construction unit fails to prepare and review the special construction scheme for large and dangerous projects in accordance with the provisions, it shall be punished in accordance with the regulations on the administration of safe production of construction projects, and the work safety license shall be temporarily withheld for 30 days; the directly responsible person in charge and other directly responsible personnel shall be fined not less than 1000 yuan but not more than 5000 yuan.

Article 33 If a construction unit commits any of the following acts, it shall be punished in accordance with the production safety law of the people's Republic of China and the regulations on the administration of production safety in construction projects:

(1) failing to make scheme disclosure and safety technical disclosure to construction site management personnel and operation personnel;

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

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

For those who are directly responsible for more than 10 million yuan and are directly responsible for one of the following behaviors, they shall be ordered to make corrections within a time limit of not less than 30 thousand yuan, and those directly in charge of the construction shall be ordered to make corrections within a time limit of not less than 30 thousand yuan, and those who are directly responsible for the following behaviors shall be fined a temporary fine of less than 30 thousand yuan

(1) failing to carry out expert argumentation on the special construction scheme for large and dangerous projects exceeding a certain scale;

(2) failing to modify the special construction scheme for large and dangerous projects exceeding a certain scale according to the expert's demonstration report, or failing to organize expert argumentation again in accordance with these provisions;

(3) failing to organize the construction in strict accordance with the special construction scheme, or modifying the special construction scheme without authorization.

Article 35 If a construction unit commits any of the following acts, it shall be ordered to make corrections within a time limit and be fined not less than 10000 yuan but not more than 30000 yuan; the person in charge directly responsible and other persons directly responsible shall be fined not less than 1000 yuan but not more than 5000 yuan:

(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 the provisions;

(2) the construction unit fails to carry out construction monitoring and safety inspection in accordance with the provisions;

(3) failing to organize the acceptance of large and dangerous projects in accordance with the provisions;

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

(5) failing to establish safety management files for major and dangerous projects in accordance with the provisions.

Article 36 If a supervision unit commits any of the following acts, it shall be punished in accordance with the production safety law of the people's Republic of China and the regulations on the administration of production safety in construction projects; the person in charge directly responsible and other persons directly responsible shall be fined not less than 1000 yuan but not more than 5000 yuan:

(1) the chief supervision engineer fails to review the special construction scheme for large and dangerous projects in accordance with the provisions;

(2) it is found that the construction unit fails to implement in accordance with the special construction scheme and fails to require it to rectify or stop work;

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

Article 37 If a supervision unit commits any of the following acts, it shall be ordered to make corrections within a time limit and be fined not less than 10000 yuan but not more than 30000 yuan; the person in charge directly responsible and other persons directly responsible shall be fined not less than 1000 yuan but not more than 5000 yuan:

(1) failing to compile detailed rules for the implementation of supervision in accordance with the provisions;

(2) failing to carry out special inspection on the construction of dangerous and large-scale projects;

(3) failing to participate in organizing the acceptance of large and dangerous projects in accordance with the provisions;

(4) failing to establish safety management files for major and dangerous projects in accordance with these provisions.

Article 38 If a monitoring unit commits any of the following acts, it shall be ordered to make corrections within a time limit and be fined not less than 10000 yuan but not more than 30000 yuan; the person in charge directly responsible and other persons directly responsible shall be fined not less than 1000 yuan but not more than 5000 yuan:

(1) engaging in monitoring by a third party without obtaining the corresponding qualification for investigation;

(2) failing to work out a monitoring plan in accordance with these provisions;

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

(4) failing to report any abnormality found in time.

Article 39 If any staff member of the housing and Urban Construction Department of the local people's government at or above the county level or its subordinate construction safety supervision organization fails to perform the duties of safety supervision and management of major and dangerous projects according to law, they shall be punished in accordance with relevant provisions.

  Chapter VII supplementary provisions

Article 40 these Provisions shall come into force as of June 1, 2018.

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