Article 1 In order to strengthen the safety management of hazardous chemicals, prevent and reduce accidents involving hazardous chemicals, safeguard people's lives and properties, and protect the environment, these Measures are formulated in accordance with the Law of the People's Republic of China on Safety in Production, Regulations on the Safety Management of Dangerous Chemicals, Regulations on Safety in Production of Hubei Province and other laws and regulations, and in the light of the actual situation of this province.
Second Article The safety management of the production, storage, use, operation and transportation of hazardous chemicals within the administrative area of this province shall be applicable to these measures.
Third, the safety management of hazardous chemicals, should adhere to the safety first, prevention first, comprehensive management approach, establish and improve the unified leadership of the government, the departments supervise according to law, the enterprise is fully responsible for the participation of society in the supervision of the mechanism, to strengthen and implement the enterprise's main responsibility.
Article 4 The people's governments at or above the county level shall strengthen the leadership of the management of hazardous chemical safety, formulate and organize the implementation of hazardous chemical safety development planning, establish the annual goal of production safety of hazardous chemicals.
Hazardous chemicals safety management of the implementation of the people's government administrative head of responsibility, the people's government is responsible for the safety management of hazardous chemicals.
Article 5 of the people's governments at or above the county level shall supervise and manage the safety of hazardous chemicals as an important part of the annual appraisal of the production safety target responsibility system, the failure to implement the supervision and management of the safety of hazardous chemicals and the responsibility of the units and individuals for administrative accountability.
Article 6 The people's governments at or above the county level shall establish a joint meeting system for the supervision and management of hazardous chemical safety, support and supervision of the production, storage, use, operation and transportation of hazardous chemicals to implement safety supervision and management of the relevant departments (hereinafter referred to as the supervision and management of hazardous chemical safety) to perform their duties in accordance with the law, to coordinate and solve the management of hazardous chemical safety in the existing Major problems.
Township people's governments, street offices should strengthen the safety of hazardous chemicals publicity and education, to assist the departments responsible for the supervision and management of hazardous chemical safety supervision and management work.
Article VII of the departments responsible for the supervision and management of hazardous chemical safety in accordance with the following provisions to perform their duties:
(a) The supervision and management of production safety department is responsible for the supervision and management of hazardous chemical safety and integrated work on the new construction, alteration and expansion of the production and storage of hazardous chemicals (including the use of long distance pipeline transport of hazardous chemicals) of the construction project (hereinafter referred to as the construction project) for the safety conditions of the construction project (hereinafter referred to as the hazardous chemicals), the construction of hazardous chemical safety supervision and management. Construction projects) for the review of safety conditions, the issuance of hazardous chemicals safety production permits, hazardous chemicals safety use permits and hazardous chemicals business licenses, and is responsible for the registration of hazardous chemicals and the organization of accident investigation.
(2) public security organs are responsible for the public **** safety management of hazardous chemicals, the issuance of purchase permits for toxic chemicals, toxic chemicals road transport passes, and is responsible for the transport of hazardous chemicals road safety management of vehicles. The public security organs of the fire agency shall, in accordance with the law on the production, storage, use, operation and transportation of hazardous chemicals units (hereinafter referred to as hazardous chemicals units) to comply with fire laws and regulations for supervision and inspection.
(c) Quality Supervision, Inspection and Quarantine is responsible for the issuance of hazardous chemicals and their packaging, containers (excluding the storage of hazardous chemicals, fixed large tanks, hereinafter the same) the production of industrial products production licenses for manufacturers, and in accordance with the implementation of supervision of the quality of their products, is responsible for the import and export of hazardous chemicals and their packaging to implement the inspection. Special equipment inspection and testing organizations should be in accordance with the special equipment involved in hazardous chemicals unit inspection and testing, and its inspection and testing results, identification of conclusions bear legal responsibility.
(d) the competent authorities in charge of environmental protection based on the Ministry of Environmental Protection announced the "key environmental management of hazardous chemicals directory" of key environmental management of hazardous chemicals production, use of key environmental management of hazardous chemicals production and use of enterprises to carry out key environmental management of hazardous chemicals environmental risk assessment, responsible for the environmental management of hazardous chemicals registration and registration of environmental management of new chemicals; in accordance with the division of responsibilities to investigate the relevant hazardous chemicals environmental pollution accidents and Ecological damage, responsible for hazardous chemicals accident scene emergency environmental monitoring.
(E) the competent department of transportation is responsible for road transport of hazardous chemicals, waterway transport permits and means of transport safety management, supervision of the safety of waterway transport of hazardous chemicals, road transport of hazardous chemicals, waterway transport enterprises, drivers, crew, loading and unloading management personnel, escort personnel, declaration of personnel, the qualification of the container site inspectors. The competent railroad department is responsible for the safety management of railroad transportation of hazardous chemicals, is responsible for railroad transportation of hazardous chemicals carrier, shipper qualification approval and the safety management of its means of transport. The competent department of civil aviation is responsible for the air transport of hazardous chemicals and air transport enterprises and their means of transportation safety management. (F) the competent health department is responsible for the management of toxicity assessment of hazardous chemicals, is responsible for organizing and coordinating the medical and health rescue of injured persons in accidents involving hazardous chemicals. (vii) Administration for Industry and Commerce based on the relevant departments of the license, the issuance of hazardous chemicals production, storage, operation, transportation enterprise business license, investigate and deal with hazardous chemicals business enterprises illegal procurement of hazardous chemicals. (H) postal administration is responsible for investigating and dealing with the act of sending dangerous chemicals according to law.
Article VIII of the hazardous chemicals unit of the main person in charge of the unit's safety management of hazardous chemicals is fully responsible.
Hazardous chemicals unit shall have the laws, administrative regulations and national standards, industry standards for safety conditions, to carry out standardized construction of production safety, the establishment, sound and implementation of safety management rules and regulations and job safety responsibility system; in accordance with the relevant provisions of the extraction, the use of production safety costs, to ensure that production safety investment, payment of production safety risk security deposit or insurance production safety Liability insurance; safety education for employees, legal education and training in emergency response to accidents, job technical training, the qualification requirements of the post, should be equipped with the appropriate qualifications according to law.
Hazardous chemicals units should be configured with appropriate occupational hazards protection facilities, and employees are equipped with labor protective equipment in line with national standards or industry standards.
Hazardous chemicals unit production or import "catalog of hazardous chemicals" listed in the hazardous chemicals, should be registered according to law.
Article IX encourages hazardous chemical units to adopt advanced technologies, processes, equipment and automatic control systems conducive to improving safety and security.
Encourage scientific research institutes of hazardous chemicals major sources of danger, hazardous chemical processes, hazardous chemicals, accident disposal, safety monitoring and other areas of production safety technology.
Encourage colleges and universities, large enterprise groups to establish a multi-level training system for professionals in the field of hazardous chemicals.
Article X of the people's governments at or above the county level shall make outstanding contributions in the management of hazardous chemical safety units and individuals shall be recognized, rewarded. Article XI of hazardous chemicals production, storage, use of integrated planning, rational layout, standardized management.
Provincial economic and information technology departments and other relevant departments according to their respective responsibilities, is responsible for the province's hazardous chemicals production, storage industry planning and layout.
Article XII of the hazardous chemicals production units shall apply to the supervision and management of production safety license.
Article XIII of the use of hazardous chemicals, the use of the unit, the conditions of use (including processes) should be consistent with the provisions of laws and administrative regulations and national standards, industry standards, and according to the type of hazardous chemicals used, the dangerous characteristics, as well as the amount of use and the use of the way to establish and improve the use of hazardous chemicals, safety management rules and regulations and safe operating procedures to ensure the safe use of hazardous chemicals. safe use of hazardous chemicals.
Chemical enterprises (except those that are manufacturers of hazardous chemicals) that use hazardous chemicals in their production and use them in the prescribed quantities shall obtain a license for the safe use of hazardous chemicals in accordance with the law.
Article 14 of the hazardous chemicals construction projects shall be supervised by the production safety supervision and management department for safety review. Safety review includes review of safety conditions, review of the design of safety facilities and completion and acceptance.
Article XV of hazardous chemicals construction projects should be carried out in accordance with the trial production (use). Trial production (use) period, in accordance with the supervision and management of production safety departments issued by the trial production (use) for the record of the opinion to engage in production and business activities, the trial production (use) period should be not less than 30 days, not more than one year.
Article XVI of hazardous chemicals production, storage and use of units should be set up with relatively independent functions, separate from the production scheduling safety management organization, with full-time production safety management personnel.
Full-time production safety management personnel should be not less than 2% of the total number of employees, at least 2 people; full-time production safety management personnel should be certified hazardous chemicals safety management personnel. Employees more than 500 hazardous chemicals production, storage and use of units, should be in accordance with not less than 30% of the proportion of production safety management personnel with hazardous substances safety class registered safety engineers or registered assistant safety engineers; 500 employees or less, should be equipped with at least 1 hazardous substances safety class registered safety engineers or registered assistant safety engineers.
Article XVII of the production, storage and use of hazardous chemicals, the main person in charge of the unit, the person in charge of safety, technical personnel should have a certain degree of chemical expertise or more than three years of experience in the chemical industry, of which at least one person with a bachelor's degree or higher in chemical engineering, and obtain the qualification certificate of hazardous chemicals safety management personnel.
Hazardous chemical process operators should undergo professional training, obtain a special operator qualification certificate, with a license.
Article XVIII of the production, storage and use of hazardous chemicals should be set in their workplaces and safety facilities, equipment, set up obvious safety warning signs; hazardous chemicals should be set up in places of major sources of danger safety warning signs and hazardous substances safety known signs.
Article 19 of the production, storage and use of hazardous chemicals in the plant outside the public **** area of buried, ground and overhead pipelines and their ancillary facilities for the transport of hazardous chemicals, should be set up clearly marked, establish and improve the patrol system, equipped with specialized personnel to carry out daily patrol. Areas and places of greater safety risk, should be key monitoring, monitoring.
Article 20 of the production, storage and use of hazardous chemicals production and storage unit production and storage facilities involved in the key supervision of hazardous chemical processes, key supervision of hazardous chemicals, major sources of danger, should be implemented automatic control, automatic interlocking, automatic alarms, temperature, pressure, level, flow and other important parameters of the realization of the uninterrupted collection of information and remote transmission. In service large-scale chemical installations should be installed emergency stop system.
Involving flammable and explosive, toxic and hazardous gases should be equipped with gas leakage monitoring and alarm devices, equipped with at least 2 sets of more than fully enclosed chemical suits; constitutes a major source of danger, should be set up to protect the gas station (group).
Article 21 of the hazardous chemicals production, storage and use of units should be in accordance with relevant state regulations and technical standards, in the workplace to set up appropriate safety facilities, equipment, and regular maintenance, maintenance, to ensure that the safety of facilities, equipment for normal use; regular safety facilities, equipment testing and inspection. Testing and inspection organizations should be responsible for the results of testing and inspection.
Article 22 of the production, storage and use of hazardous chemicals should be entrusted with the qualification conditions of the state institutions, the unit's safety conditions every three years for a safety evaluation; involving petrochemicals, ammonia, sulfuric acid, highly toxic chemicals production units, should be entrusted with a qualification of the safety evaluation of the evaluation of the agency.
Article 23 of the hazardous chemicals unit engaged in lifting, fire, earth moving, disconnection, high, equipment maintenance, blind pumping blocking, restricted space and other hazardous operations, shall strictly abide by the national provisions of the operational safety norms. Article 24 The operation of hazardous chemicals licensing system. Engaged in the operation of hazardous chemicals shall be registered as an enterprise in accordance with the law. Without authorization, any unit or individual shall not operate dangerous chemicals.
Article 25 of the municipal people's government is responsible for the following units of safety production supervision and management department for the approval of business licenses, issued: (a) the operation of highly toxic chemicals, explosive hazardous chemicals; (b) the operation of gasoline filling stations; (c) specializing in the operation of hazardous chemical warehousing; (d) engaged in the operation of hazardous chemical activities of the central enterprises belonging to the provincial level, municipal areas Companies (branches); (e) with storage facilities in addition to highly toxic chemicals, explosive hazardous chemicals other than other hazardous chemicals.
Engaged in other hazardous chemicals business units should be located in the county people's government safety production supervision and management department to apply, according to law to obtain a business license.
Article 26 The hazardous chemicals production unit within the scope of its plant sales of hazardous chemicals produced by the unit, do not need to apply for a hazardous chemicals business license. Sales of hazardous chemicals not produced by the unit or set up sales outlets outside the plant, shall apply for a hazardous chemicals business license.
Article 27 The people's governments at or above the county level shall, in accordance with the actual situation in the region, scientific planning, and actively promote the construction of a centralized trading market for hazardous chemicals.
The operation of highly toxic chemicals (except pesticides belonging to highly toxic chemicals) and explosive hazardous chemicals, flammable gases, toxic gases, spontaneous combustion of liquids, spontaneous combustion of solids, flammable gases released in the presence of water and other hazardous chemicals (excluding gasoline stations), shall be entered into a centralized trading market.
Article 28 of the towns and cities in densely populated areas of the gas station should be used barrier explosion-proof technology.
Product oil transportation vehicles gradually promote the use of explosion-proof barrier technology.
Article 29 of the hazardous chemicals business units should also comply with the provisions of Article 17, Article 18, Article 19, storage facilities and constitute a major source of danger should also comply with the provisions of Article 14, Article 20, Article 21, Article 22, Article 23. Article 30 The transport of dangerous chemicals, should be equipped with full-time safety management personnel, in accordance with the law to the competent department of transportation to obtain permission for the road transport of dangerous goods, dangerous goods waterway transport permit.
Article 31 The transportation of dangerous chemicals vehicles should meet national standards for safety and technical conditions, the installation and use of satellite positioning devices with the function of driving recorders, equipped with effective communication tools and safety supplies, fire safety facilities.
Hazardous chemicals waterway transport ships shall meet the national standards for safety and technical conditions, the installation and use of satellite positioning devices and automatic collision avoidance system with the function of travel recorders, equipped with effective communication tools and water escape, safety supplies, fire safety facilities.
Article 32 of the hazardous chemicals transportation unit, should be through the satellite positioning system, the transportation of hazardous chemicals vehicles, ships for the whole process of monitoring.
Article 33 of the production, storage, use and with storage facilities for the operation of hazardous chemicals should be in the hazardous chemicals loading and unloading locations to set up special parking lots or parking spaces, and set up warning signs.
Hazardous chemicals production and operation units shall establish and implement the delivery and loading inspection system, before loading hazardous chemicals to check the carrier's vehicle qualification documents, drivers and escort personnel qualification certificates, check the vehicles and tanks, hazardous chemicals, warning lamps and lanterns and signs intact. Strictly prohibit overloading, mixed loads.
Article 34 The driver of the road transport of dangerous chemicals shall comply with road safety and road transport laws and regulations. Escort should be carried with the unit's business license, dangerous goods transport qualifications, hazardous chemicals transport vehicle inspection certificate and other valid certificates and copies of the unit, the name of the consignment unit and contact person, contact information and other materials, the transport of toxic chemicals escort should be carried with the vehicle at the same time the road transport of toxic chemicals pass.
Article 35 Without the approval of the public security organs, the transportation of hazardous chemicals shall not be allowed to enter the hazardous chemicals transport vehicles restricted area. Dangerous chemicals transportation vehicles restricted area by the people's government at the county level public security organs to delineate, and set up obvious signs.
Article 36 of the vehicles carrying flammable, explosive, highly toxic, radioactive and other hazardous chemicals, shall comply with the relevant state safety management regulations, and avoid passing through the mega-highway bridges or long highway tunnels; need to pass through the mega-highway bridges or long highway tunnels, responsible for the approval of the flammable, explosive, toxic, radioactive and other hazardous chemicals, the authorities shall be in advance of the driving permit Time, route notification of extra-large highway bridges or extra-long highway tunnel management unit, and in extra-large highway bridges or extra-long highway tunnels for on-site supervision of vehicles. Article 37 The people's governments at or above the county level to organize the preparation of urban and rural planning, shall, in accordance with the actual situation in the region, in accordance with the principles of unified planning, rational layout, strict access, and ensure safety, planning appropriate areas dedicated to the production and storage of hazardous chemicals (hereinafter referred to as hazardous chemicals park).
Hazardous chemicals park perimeter safety protection distance should be consistent with the relevant state regulations.
Article 38 The establishment of hazardous chemical parks should be carried out before the overall safety risk assessment, has been built in the hazardous chemical parks should be carried out every five years the overall safety risk assessment.
No new construction, alteration or expansion of hazardous chemical construction projects shall be allowed in hazardous chemical parks without an overall safety risk evaluation as stipulated in the preceding paragraph.
The overall safety risk evaluation shall be undertaken by a qualified safety evaluation organization, scientific evaluation of hazardous chemicals park safety risk, approved safety capacity, the implementation of total control, reduce regional risk.
Article 39 of the hazardous chemicals construction projects should be in line with national industrial development policies, environmental impact assessment and construction of hazardous chemicals park in accordance with the law. Existing hazardous chemicals production and storage units are not in the hazardous chemicals park, shall not be new, alteration and expansion projects, and shall be moved to the hazardous chemicals park or transfer, closure.
Article 40 The construction of hazardous chemicals park shall ensure production safety as a principle, improve water, electricity, steam, wind, sewage treatment, public pipeline corridors, road traffic, emergency rescue facilities, and other public works supporting and safety facilities, infrastructure, public supporting facilities and safety facilities to achieve professional ****build **** enjoy.
Article 41 The layout of the units in the hazardous chemicals park should meet the requirements of the safety protection distance, and take into account the dominant wind direction, terrain height difference, the unit unit of interactions between the device, product categories, production processes, materials, mutual supply, utilities, emergency rescue and other factors, a reasonable arrangement of functional zoning.
Article 42 The people's governments at or above the county level shall strengthen the standardized construction of production safety in hazardous chemicals parks and the construction of production safety management institutions, and give strong support in terms of policy, funding and other aspects.
Article 43 The hazardous chemicals park shall establish and improve the system of safety supervision, hidden danger investigation, risk assessment, emergency rescue, and other systems, to build an integrated production safety management platform in the park, and regularly to the park and the surrounding communities, townships and other production safety risk notification and early warning forecasts. Article 44 The departments responsible for the supervision and management of hazardous chemicals safety shall strengthen collaboration, regularly organize safety inspections of hazardous chemicals, timely investigation and management of potential accidents, according to law, the implementation of hazardous chemicals units to implement the main responsibility for production safety supervision.
The inspection found that do not have the conditions of safe production of hazardous chemicals production, storage, use, operation of units, by the supervision and management of production safety department shall order rectification; rectification failed, according to law, the withdrawal of the relevant administrative license and submit to the people's government at or above the county level of its location to be closed.
Article 45 of the supervision and management of hazardous chemical safety departments responsible for supervision and inspection in accordance with the law, may take the following measures: (a) enter the hazardous chemical workplace to implement on-site inspection, to the relevant units and personnel to understand the situation, inspection, copying of relevant documents and information; (b) the discovery of hazardous chemical accidents and hidden dangers, and order the immediate elimination of the elimination of the time limit; (c) not in accordance with the laws, regulations, rules or national standards, and the supervision and management of hazardous chemicals. Laws, regulations, rules or national standards, industry standards, facilities, equipment, devices, equipment, means of transportation, and ordered to immediately stop using; (d) with the approval of the main person in charge of the department, the illegal production, storage, use, operation of hazardous chemicals, seizure of illegal production, storage, use, business, transportation of hazardous chemicals, as well as for the production, use, transport of hazardous chemicals illegal Chemicals of raw materials, equipment, means of transportation; (e) found to affect the safety of hazardous chemicals violations, be corrected on the spot or ordered to make corrections within a certain period of time.
Departments responsible for the supervision and management of hazardous chemical safety supervision and inspection according to law, supervision and inspection personnel shall not be less than two people, and shall show the law enforcement documents; the relevant units and individuals shall cooperate with the supervision and inspection in accordance with the law and shall not be refused, obstructed.
Article 46 The departments responsible for the supervision and management of hazardous chemical safety shall inform each other in a timely manner of the safety management of hazardous chemicals, administrative licenses and their supervision and inspection of the implementation of relevant information.
Power supply and water supply enterprises shall cooperate with the work of the departments responsible for the supervision and management of the safety of hazardous chemicals and shall not, upon notification, provide electricity and water for production and operation to hazardous chemical production, storage, use and operation units that do not have the conditions for safe production.
Article 47 The supervisory and management departments of work safety of the people's governments at or above the county level shall, in conjunction with the relevant departments and in accordance with the actual situation in the region, formulate emergency rescue plans for accidents involving hazardous chemicals, and report them to the people's governments of the respective levels for approval and implementation.
Article 48 The hazardous chemicals park shall formulate the park's overall emergency rescue plan for hazardous chemical accidents, and with the region's emergency rescue plan for hazardous chemical accidents; supervise the park's units in accordance with the park's overall plan, develop and improve the unit's emergency rescue plan.
Hazardous chemicals park should establish or integrate the park hazardous chemicals accident emergency rescue team, reserves of accident emergency rescue materials, the implementation of the unified command of the accident emergency rescue.
Article 49 of the hazardous chemicals unit shall formulate the unit of hazardous chemicals accident emergency rescue plan, equipped with emergency rescue personnel and the necessary emergency rescue equipment, equipment, at least once every six months to organize emergency rescue drills.
Hazardous chemicals units should be the unit's emergency rescue plan, reported to the local municipal people's government safety production supervision and management department for the record.
Article 50 In the event of an accident involving hazardous chemicals, the main person in charge of the accident unit shall immediately organize rescue in accordance with the unit's emergency plan for hazardous chemicals, and report to the local supervisory and management departments of work safety and environmental protection, public security, health authorities; road transport, waterway transport in the course of an accident involving hazardous chemicals, the driver, crew, or escort shall also be reported to the place of the accident Transportation department in charge of the report.
Article 51 In the event of an accident involving hazardous chemicals, the local people's government shall immediately organize the supervision and management of production safety, environmental protection, public security, health, transportation and other relevant departments, in accordance with the emergency response plan for hazardous chemical accidents in the region to carry out rescue, and shall not be excused, delay. Article 52 violation of the provisions of these measures, laws, regulations, rules and regulations have been made administrative penalties, from its provisions.
Article 53 violation of the provisions of these measures, one of the following circumstances, by the people's government at or above the county level, the supervision and management of production safety department shall order rectification within a specified period of time, and may impose a fine of less than 20,000 yuan; overdue, impose a fine of 20,000 yuan or more than 50,000 yuan: (a) the hazardous chemicals unit does not carry out the standardization of production safety construction; (b) hazardous chemicals production, storage, use of the unit Not in accordance with the provisions of the safety of dangerous goods with registered safety engineers or registered assistant safety engineers; (c) dangerous chemicals production, storage, use, operation of the unit's main person in charge, the person in charge of safety, the person in charge of technology does not have the appropriate professional knowledge of the chemical industry or the chemical industry experience.
Article 54 violation of the provisions of Article 20, Article 28, paragraph 1, Article 33, by the people's government at or above the county level, supervision and management of production safety department shall order rectification within a specified period of time, and may impose a fine of 50,000 yuan; overdue, shall be imposed a fine of 50,000 yuan or more than 100,000 yuan.
Article 55 of the national staff in the supervision and management of hazardous chemical safety abuse of power, dereliction of duty, favoritism and malpractice, constituting a crime, shall be investigated for criminal responsibility; does not constitute a crime, shall be given sanctions. Article 56 The hazardous chemicals referred to in these measures, refers to the poisonous, corrosive, explosive, combustion, combustion and other properties of the human body, facilities, the environment has a hazardous toxic chemicals and other chemicals.
Monitoring chemicals, pharmaceuticals and pesticides are hazardous chemicals safety management, in accordance with the provisions of these Measures; laws and administrative regulations provide otherwise, in accordance with its provisions.
Civil explosives, fireworks, radioactive substances, nuclear energy substances and dangerous chemicals used in national defense research and production safety management, does not apply to these measures.
The disposal of waste hazardous chemicals, in accordance with national and provincial regulations on environmental protection.
Laws and regulations on the safe management of gas otherwise provided, in accordance with its provisions.
Article 57 These Measures shall come into force on November 1, 2013. Provincial People's Government on February 9, 1998 issued the "Hubei Province, the safe production of chemical hazardous substances management measures" shall be repealed simultaneously.