Interim Provisions on the Supervision and Administration of Major Hazard Sources of Hazardous Chemicals

Order of the State Administration of Work Safety

No. 40

The Interim Provisions on the Supervision and Administration of Major Hazard Sources of Hazardous Chemicals, as deliberated and adopted at the director's executive meeting of the State Administration of Work Safety on July 22, 2011, are hereby issued, and shall come into force on December 1, 2011.

Luo Lin, Director of the State Administration of Work Safety

August 5, 2011

Interim Provisions on the Supervision and Administration of Major Hazard Sources of Hazardous Chemicals

Chapter I General Provisions

Article 1 In order to strengthen the safety supervision and management of major hazardous sources of hazardous chemicals, prevent and reduce the occurrence of hazardous chemical accidents, and ensure the safety of people's lives and property, these regulations are formulated in accordance with the the People's Republic of China Law on Work Safety and the Regulations on the Safety Management of Hazardous Chemicals and other relevant laws and administrative regulations.

Article 2 These Provisions shall apply to the identification, assessment, registration, filing, filing, verification and supervision and administration of major hazardous sources of hazardous chemicals by entities engaged in the production, storage, use and operation of hazardous chemicals (hereinafter collectively referred to as hazardous chemical entities).

These Provisions shall not apply to the safety supervision and management of major hazard sources of urban gas, hazardous chemicals used for national defense scientific research and production, and major hazard sources of hazardous chemicals in port areas.

Article 3 The major hazard sources of hazardous chemicals (hereinafter referred to as major hazard sources) as mentioned in these Provisions refer to the units (including sites and facilities) that produce, store, use or transport hazardous chemicals in quantities equal to or exceeding a critical quantity determined in accordance with the Identification of Major Hazard Sources of Hazardous Chemicals (GB18218).

Article 4 A hazardous chemical unit is the main body responsible for the safety management of major hazard installations of the unit, and its main person in charge is responsible for the safety management of major hazard installations of the unit, and guarantees the safety input necessary for the safe production of major hazard installations.

Article 5 The safety supervision and management of major hazard sources shall be based on the principle of combining territorial supervision with hierarchical management.

The production safety supervision and administration departments of the local people's governments at or above the county level shall, in accordance with the relevant laws, regulations, standards and these Provisions, implement safety supervision and administration of major hazard installations within their respective jurisdictions.

Article 6 The State encourages hazardous chemical units to adopt advanced and applicable processes, technologies, equipment and automatic control systems that are conducive to improving the level of safety protection of major hazard installations, and promote the informatization construction of safety supervision of major hazard installations by safety production supervision and management departments.

Chapter II Identification and Evaluation

Article 7 A hazardous chemical unit shall, in accordance with the standard of Identification of Major Hazard Installations of Hazardous Chemicals, identify the major hazard installations of the units, facilities or sites for the production, operation, storage and use of hazardous chemicals, and record the identification process and results.

Article 8 A hazardous chemical unit shall make a safety assessment of major hazard installations and determine the levels of major hazard installations. A hazardous chemical unit may organize its own registered safety engineers and technicians or engage relevant experts to conduct safety assessment, or may entrust a safety assessment agency with corresponding qualifications to conduct safety assessment.

In accordance with the provisions of laws and administrative regulations, if a hazardous chemical unit needs to conduct a safety evaluation, the safety evaluation of major hazard sources may be carried out together with the safety evaluation of the unit, and the safety evaluation report shall be used instead of the safety evaluation report, or the safety assessment of major hazard sources may be carried out separately.

Major hazard installations are classified into Grade I, Grade II, Grade III and Grade IV according to their hazard level, with Grade I being the highest level. The classification method of major hazard sources is listed in Annex 1 of this regulation.

Article 9 If a major hazard source has one of the following circumstances, a safety evaluation institution with corresponding qualifications shall be entrusted to conduct a safety assessment using quantitative risk evaluation methods in accordance with the provisions of relevant standards to determine the personal and social risk values:

The (I) constitutes a Class I or Class II major hazard source, and the sum of the ratio of the actual (online) amount of toxic gas to the critical amount specified in the Identification of Major Hazard Sources of Hazardous Chemicals is greater than or equal to 1;

(II) constitutes a class I major hazard source, and the sum of the ratio of the actual (online) quantity of explosives or liquefied flammable gas to the critical quantity specified in the Identification of Major Hazard Sources of Hazardous Chemicals is greater than or equal to 1.

Article 10 The safety assessment report on major hazard installations shall be objective and fair, with accurate data, complete content, clear conclusions and feasible measures, and shall include the following contents:

The main basis for (I) assessment;

Basic information of (II) major hazard sources;

Possibility of (III) accident and degree of harm;

(IV) personal and social risk values (quantitative risk assessment methods only);

(V) the surrounding places and personnel that may be affected by the accident;

Conformance analysis of identification and classification of (VI) major hazard installations;

(VII) safety management measures, safety technology and monitoring measures;

Emergency measures for (VIII) accidents;

(IX) assessment conclusions and recommendations.

Where a hazardous chemical unit replaces the safety assessment report with a safety assessment report, the contents of the safety assessment report on major hazard sources shall meet the requirements specified in paragraph 1 of this Article.

Article 11 Under any of the following circumstances, a hazardous chemical unit shall re-identify, assess and grade the major hazard sources:

The (I) major hazard source safety assessment has been completed for three years;

(II) new construction, reconstruction or expansion of installations, facilities or places that constitute major hazard sources;

Changes in the type, quantity, production and use processes or storage methods of (III) hazardous chemicals, as well as important equipment and facilities, which affect the level of major hazard sources or the degree of risk;

(IV) the change of external production safety environment factors, which affects the level and risk degree of major hazard sources;

(V) a hazardous chemical accident causes death, or more than 10 people are injured, or public safety is affected;

(VI) national standards and industry standards for the identification and safety assessment of major hazard installations are changed.

Chapter III Safety Management

Article 12 A hazardous chemical unit shall establish and improve the rules and regulations for the safety management of major hazard installations and the rules for safe operation, and take effective measures to ensure their implementation.

Article 13 A hazardous chemical unit shall establish and improve a safety monitoring and control system and improve control measures in accordance with the following requirements in accordance with the actual conditions of the types, quantities, production, and use processes (methods) of hazardous chemicals that constitute major hazards, or related equipment and facilities:

(I) major hazard sources are equipped with continuous collection and monitoring systems for temperature, pressure, liquid level, flow, composition and other information, as well as combustible gas and toxic and harmful gas leakage detection and alarm devices, and have functions such as information remote transmission, continuous recording, accident early warning, information storage, etc. Primary or secondary major hazard sources have emergency shutdown function. The recorded electronic data shall be kept for not less than 30 days;

Chemical production plants (II) major hazard sources are equipped with automatic control systems that meet the requirements of safe production; primary or secondary major hazard sources are equipped with emergency shutdown systems;

(III), for key facilities such as toxic gas, highly toxic liquid and flammable gas in major hazard sources, emergency cut-off devices shall be set up; for toxic gas facilities, emergency disposal devices for leakage shall be set up. Grade I or II major hazard sources involving toxic gas, liquefied gas and highly toxic liquid shall be equipped with independent safety instrumented system (SIS);

(IV) places or facilities where highly toxic substances are stored in major hazard sources, set up video surveillance systems;

The (V) safety monitoring and control system shall comply with the provisions of national standards or industry standards.

Article 14 The personal and social risk values of major hazards determined through quantitative risk evaluation shall not exceed the standards of individual and social allowable risk limits listed in Annex 2 of these Provisions.

If it exceeds the allowable risk limit for individuals and society, the hazardous chemical unit shall take corresponding measures to reduce the risk.

Article 15 A hazardous chemical unit shall, in accordance with the relevant provisions of the State, regularly detect and inspect the safety facilities and safety monitoring and control systems of major hazard sources, and carry out regular maintenance and maintenance to ensure the effective and reliable operation of the safety facilities and safety monitoring and control systems of major hazard sources. Maintenance, maintenance and testing shall be recorded and signed by the relevant personnel.

Article 16 A hazardous chemical unit shall specify the responsible persons or responsible institutions of key devices and key parts in major hazard sources, conduct regular inspections of the safety production status of major hazard sources, and take timely measures to eliminate hidden dangers of accidents. If it is difficult to eliminate the hidden danger of the accident immediately, the treatment plan shall be formulated in time, and the rectification measures, responsibilities, funds, time limit and plan shall be implemented.

Article 17 A hazardous chemical unit shall conduct safety operation skills training for the personnel in the management and operation positions of major hazard sources, so as to make them understand the hazardous characteristics of major hazard sources, be familiar with the safety management rules and regulations of major hazard sources and safe operation procedures, and master the safety operation skills and emergency measures of their posts.

Article 18 A hazardous chemical unit shall set up obvious safety warning signs at the place where the major hazard source is located, and specify the emergency response measures in case of emergency.

Article 19 A hazardous chemical unit shall, in an appropriate manner, inform the units, regions and personnel that may be affected of the consequences of accidents and emergency measures that may occur at major hazards.

Article 20 A hazardous chemical unit shall formulate an emergency plan for major hazard source accidents in accordance with the law, establish an emergency rescue organization or be equipped with emergency rescue personnel, be equipped with necessary protective equipment and emergency rescue equipment, equipment, and materials, and ensure that they are in good condition and convenient to use; Cooperate with the work safety supervision and management department of the local people's government to formulate emergency plans for hazardous chemical accidents involving the unit in the region.

For major hazard sources with inhaled toxic and harmful gases, hazardous chemical units shall be equipped with portable concentration detection equipment, air respirators, chemical protective clothing, leakage stoppage equipment and other emergency equipment and equipment; For major hazard sources involving highly toxic gases, two or more sets (including the number) of airtight chemical protective clothing shall be equipped; For major hazard sources involving flammable and explosive gases or flammable liquid vapors, A certain number of portable combustible gas detection equipment should also be provided.

Article 21 A hazardous chemical unit shall formulate a drill plan for emergency plans for major hazard source accidents, and conduct drill for emergency plans for accidents in accordance with the following requirements:

(I) special emergency plan for major hazard sources shall be conducted at least once a year;

(II) on-site disposal plan for major hazard sources shall be carried out at least once every six months.

After the emergency plan drill, the hazardous chemical unit shall evaluate the effect of the emergency plan drill, write the emergency plan drill evaluation report, analyze the existing problems, put forward revision opinions on the emergency plan, and revise and improve it in time.

Article 22 A hazardous chemical unit shall register and file the major hazard sources identified and confirmed in a timely manner and item by item.

The archives of major hazard sources shall include the following documents and data:

(I) identification and grading records;

Basic characteristics of (II) major hazard installations;

All chemical safety technical specifications involved in the (III);

(IV) area location plan, layout plan, process flow chart and main equipment list;

(V) safety management rules and regulations for major hazard installations and safety operation procedures;

(VI) safety monitoring and control system, description of measures, detection and inspection results;

(VII) emergency plan, review comments, drill plan and assessment report for major hazard source accidents;

(VIII) safety assessment report or safety evaluation report;

Name of responsible person and organization of key devices and key parts of (IX) major hazard installations;

(X) the setting of safety warning signs in places with major hazard sources;

(11) Other documents and materials.

Article 23 Within 15 days after completing the safety assessment report or safety evaluation report of major hazard sources, a hazardous chemical unit shall fill in the application form for the filing of major hazard sources, together with the major hazard source archives specified in Article 22 of these Provisions (only the list of documents specified in Item 5 of Paragraph 2 is required), and submit it to the work safety supervision and administration department of the people's government at the county level for the record.

The work safety supervision and administration department of the people's government at the county level shall submit the filing materials of the first and second major hazard sources within its jurisdiction to the work safety supervision and administration department of the municipal people's government divided into districts on a quarterly basis. The work safety supervision and administration department of the people's government at the municipal level divided into districts shall submit the filing materials of the first-class major hazard sources within its jurisdiction to the work safety supervision and administration department of the people's government at the provincial level every six months.

If one of the circumstances listed in Article 11 of these Provisions occurs to a major hazard source, the hazardous chemical unit shall update the files in a timely manner and re-file with the work safety supervision and administration department of the people's government at the county level where it is located.

Article 24 When a hazardous chemical unit builds, rebuilds, or expands a hazardous chemical construction project, it shall complete the identification, safety assessment, classification, and registration of major hazard sources before the completion and acceptance of the construction project, and report to the county-level people's government The work safety supervision and management department records.

Chapter IV Supervision and Inspection

Article 25 The work safety supervision and administration department of the people's government at the county level shall establish and improve the management system for major hazards of hazardous chemicals, clarify the responsible personnel, and strengthen the filing of data.

Article 26 The work safety supervision and administration department of the people's government at the county level shall, before January 15 of each year, submit the summary information of the major hazard sources in the previous year within its jurisdiction to the work safety supervision and administration department of the people's government at the municipal level divided into districts. The work safety supervision and administration department of the municipal people's government divided into districts shall, before January 31 of each year, submit the summary information of major hazard sources in the previous year within its jurisdiction to the work safety supervision and administration department of the provincial people's government. The work safety supervision and administration department of the provincial people's government shall, before February 15 of each year, submit the summary information of major hazard sources in the previous year within its jurisdiction to the State Administration of Work Safety.

Article 27 If a major hazard source no longer constitutes a major hazard source after safety evaluation or safety evaluation, the hazardous chemical unit shall apply to the work safety supervision and administration department of the people's government at the county level for verification.

The following documents and materials shall be submitted when applying for write-off of major hazard installations:

(I) an application stating the reasons for the write-off;

Name, legal representative, domicile, contact person and contact information of the (II) unit;

(III) safety evaluation report or safety assessment report.

Article 28 The work safety supervision and administration department of the people's government at the county level shall conduct an examination within 30 days from the date of receipt of the documents and materials applied for write-off, and if the conditions are met, it shall be written off and a certificate shall be issued; if the conditions are not met, explain the reasons and inform the applicant in writing. When necessary, the production safety supervision and management department of the people's government at the county level shall hire relevant experts to conduct on-site verification.

Article 29 The work safety supervision and management department of the people's government at the county level shall submit the verification materials of the first and second major hazard sources within its jurisdiction to the work safety supervision and management department of the municipal people's government divided into districts on a quarterly basis. The work safety supervision and administration department of the people's government at the municipal level divided into districts shall submit the verification materials of the first-class major hazard sources within its jurisdiction to the work safety supervision and administration department of the people's government at the provincial level every six months.

Article 30 The work safety supervision and management departments of the local people's governments at or above the county level shall strengthen the supervision and inspection of hazardous chemical units with major hazards, and urge hazardous chemical units to do a good job in the identification, safety assessment and classification of major hazards, Registration and filing, filing, monitoring and monitoring, preparation of accident emergency plans, verification and safety management.

The first supervision and inspection of major hazard sources shall include the following main contents:

(I) the operation of major hazard sources, the formulation and implementation of safety management rules and regulations and safety operation procedures;

(II) the identification, classification, safety assessment, registration and filing of major hazard installations;

Monitoring and control of (III) major hazard sources;

(IV) the detection, inspection and maintenance of safety facilities and safety monitoring and control system for major hazard sources;

(V) the preparation, review, filing, revision and exercise of the emergency plan for major hazard source accidents;

(VI) the safety training and education of relevant employees;

Setting of (VII) safety signs;

(VIII) emergency rescue equipment, equipment and materials;

(IX) the implementation of accident prevention and control measures.

If the safety production supervision and management department finds that there are hidden dangers in major hazards during supervision and inspection, it shall be ordered to eliminate them immediately; if safety cannot be guaranteed before or during the elimination of major hazards, it shall be ordered to withdraw operators from the dangerous area and order Temporary suspension of production or suspension of use; after the elimination of major accidents, production, operation and use can be resumed only after review and approval by the safety production supervision and management department.

Article 31 The work safety supervision and management departments of the local people's governments at or above the county level shall, in conjunction with the relevant departments of the people's governments at the same level, strengthen the supervision and inspection of areas where major hazards are concentrated, such as industrial (chemical) parks, to ensure that major hazards and surrounding areas Maintain an appropriate safety distance between important targets and sensitive places such as units, residential areas, and densely populated places.

Chapter V Legal Liability

Article 32 If a hazardous chemical unit commits any of the following acts, the work safety supervision and administration department of the people's government at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification, and may also impose a fine of not less than 20000 yuan but not more than 100000 yuan:

The (I) fails to conduct safety assessment or safety evaluation of major hazard sources in accordance with the requirements of this regulation;

The (II) fails to register and file major hazard installations in accordance with the requirements of this regulation;

The (III) fails to carry out safety monitoring and control of major hazard sources in accordance with the provisions and relevant standards;

(IV) emergency plan for major hazard source accidents has not been formulated.

Article 33 If a hazardous chemical unit commits any of the following acts, the work safety supervision and administration department of the people's government at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification, and a fine of not more than 50000 yuan shall be imposed:

(I) no obvious safety warning signs are set up in places that constitute major hazard sources;

The (II) fails to regularly detect and inspect the equipment and facilities in the major hazard sources.

Article 34 In any of the following circumstances, the production safety supervision and administration department of the people's government at or above the county level shall give a warning and may impose a fine of 5000 yuan to 30000 yuan:

The (I) fails to identify the major hazard sources according to the standards;

The (II) fails to specify the responsible persons or responsible organizations of key devices and key parts of major hazard sources in accordance with this regulation;

The (III) fails to establish an emergency rescue organization or equip emergency rescue personnel in accordance with these regulations, and is equipped with necessary protective equipment and equipment, equipment and materials, and to ensure their integrity;

(IV) major hazard sources are not put on record or written off after verification in accordance with these Provisions;

The (V) fails to inform the units, areas and personnel that may be affected of the accident consequences and emergency measures caused by major hazard sources;

The (VI) fails to carry out the drill of emergency plan for major hazard source accidents according to the requirements of this regulation;

The (VII) fails to regularly inspect the safety production status of major hazard sources and take measures to eliminate hidden dangers of accidents in accordance with these regulations.

Article 35 If an institution undertaking testing, inspection and safety evaluation issues a false certificate and constitutes a crime, it shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law. If it is not enough for criminal punishment, the work safety supervision and administration department of the people's government at or above the county level shall confiscate the illegal income. If the illegal income is more than 5000 yuan, a fine of 2 to 5 times the illegal income shall be imposed. There is no illegal income or the illegal income is less than 5000 yuan, A fine of not less than 5000 yuan but not more than 20000 yuan shall be imposed alone or concurrently; at the same time, the person in charge and other persons directly responsible may be imposed a fine of not less than 5000 yuan but not more than 50000 yuan; if damage is caused to others, it shall be jointly and severally liable with the hazardous chemical unit.

The corresponding qualifications of an institution that has committed an illegal act in the preceding paragraph shall be revoked.

Chapter VI Supplementary Provisions

Article 36 The present Provisions shall come into force as of December 1, 2011.

Attachment: Classification Methods for Major Hazard Sources of Hazardous Chemicals.doc