Regulations on the Control over Safety of Dangerous Chemicals.docx

1、Regulations on the Control over Safety of Dangerous ChemicalsRegulations on the Control over Safety of Dangerous ChemicalsDecree No. 344 of the State Council of the Peoples Republic of ChinaPromulgation Date: 26th January 2002Effective Date: 15th March 2002Promulgated by: The State CouncilChapter I

2、General PrinciplesArticle 1 In order to strengthen the control over safety of dangerous chemicals, to guarantee the peoples life and property safety, and to protect the environment, these Regulations are hereby enacted.Article 2 Production, operation, storage, transportation, and use of dangerous ch

3、emicals and disposal of the wasted dangerous chemicals within the territory of the Peoples Republic of China shall be governed by these Regulations, laws and other administrative regulations of the State on production safety.Article 3 “Dangerous chemicals” as referred to herein include explosives, p

4、ressure gas, liquefied gas, inflammable liquid, inflammable solid, spontaneous combustible articles, combustible materials in case of moisture, oxidants, organic peroxide, toxic articles, corrosives, etc.Dangerous chemicals listed onto the List of Dangerous Articles (GB 12268) promulgated as the nat

5、ional standard, the catalogue of hyper-toxic chemicals, and other dangerous chemicals not listed onto the List of Dangerous Articles shall be determined and announced by the administrative department in charge of comprehensive management of economy and trade jointly with the administrative departmen

6、ts in charge of public security, environmental protection, health, quality control, traffic control, etc of the State Council.Article 4 The personnel chiefly in charge of units that manufacture, deal in, store, transport, and use the dangerous chemicals and dispose of the wasted dangerous chemicals

7、(hereinafter referred to as the “units of dangerous chemicals”) must guarantee the safety control for their own dangerous chemicals satisfy provisions of the relevant laws, regulations, and rules, as well as requirements of the national standards, and be responsible for the safety of their own dange

8、rous chemicals.The personnel engaging in the manufacture, operation, storage, transportation, use of dangerous chemicals or disposal of wasted dangerous chemicals of the units of dangerous chemicals must take part in the training for the relevant laws, regulations, rules, safety knowledge, professio

9、nal skills, vocational safety protection, and emergency knowledge. Only those passing the examination may hold their posts.Article 5 The relevant departments in charge of supervision and administration of the manufacture, operation, storage, transportation, use of dangerous chemicals, and the dispos

10、al of the wasted dangerous chemicals shall fulfill their responsibilities according to the following provisions:(1) The administrative department in charge of overall management of economy and trade of the State Council and the administrative departments of economy and trade of the peoples governmen

11、ts of provinces, autonomous regions, and municipalities directly under the Central Peoples Government shall, in accordance with these Regulations, be responsible for the overall work for the supervision and administration of safety of dangerous chemicals, be responsible for examination and approval

12、of the establishment, reconstruction, and expansion of enterprises that manufacture or store dangerous chemicals, be responsible for the examination and appointment of the professional manufacturing enterprises of packing materials or containers (including trough containers used for transportation,

13、hereinafter inclusive), be responsible for issuance of the licenses for operation of dangerous chemicals, be responsible for registration of domestic dangerous chemicals, be responsible for organizing and coordinating the emergency rescue for the dangerous chemical accidents, and be responsible for

14、the supervision and examination of the aforesaid matters. The administrative department in charge of the overall work for supervision and administration of safety of dangerous chemicals of the peoples governments of municipalities (with districts) and the peoples governments at the county level shal

15、l be determined by the peoples governments at all levels, and fulfill their responsibilities in accordance with these Regulations.(2) The public security organs shall be responsible for the public security control over dangerous chemicals, be responsible for the issuance of hyper-toxic chemical purc

16、hase credence and purchase licenses, be responsible for examining, approving, and issuing road transportation passes for hyper-toxic chemicals, be responsible for supervision over the safety of the road transportation of dangerous chemicals, and be responsible for the supervision and examination of

17、the aforesaid matters.(3) The administrative departments in charge of quality control shall be responsible for the issuance of the manufacture licenses for dangerous chemicals and their packing materials as well as containers, be responsible for the supervision over the quality of packing materials

18、and containers of dangerous chemicals, and be responsible for the supervision and examination of the aforesaid matters.(4) The administrative departments in charge of environmental protection shall be responsible for the supervision and administration of the disposal of wasted dangerous chemicals, b

19、e responsible for the investigation of serious dangerous chemical pollution accidents and the ecological damage incidents, be responsible for the emergency monitoring of the sites of toxic chemical accidents and registration of the imported dangerous chemicals, and be responsible for the supervision

20、 and examination of the aforesaid matters.(5) The administrative departments in charge of railways and civil aviation shall be responsible for the railway and air transportation of dangerous chemicals, and the safety control, supervision, and examination of railway and air transportation units for d

21、angerous chemicals and their means of transport. The administrative departments in charge of communications shall be responsible for the safety control of the highway and waterway transportation units for dangerous chemicals and their means of transport, and the supervision over safety in the waterw

22、ay transportation of dangerous chemicals, be responsible for determining the professional levels of highway and waterway transportation units for dangerous chemicals, drivers, shipmen, loading and unloading personnel, and transport escorts, and be responsible for the supervision and examination of t

23、he aforesaid matters.(6) The administrative departments in charge of health shall be responsible for the authentication of toxicity of dangerous chemicals, and the medical rescue of the personnel who die or are injured due to accidents of dangerous chemicals.(7) The administrations for industry and

24、commerce shall, in accordance with the approval or licenses of the relevant departments, issue the business licenses for units that manufacture, deal in, store, or transport dangerous chemicals, and supervise and administer the business operations in the dangerous chemical market.(8) The administrat

25、ive departments in charge of post shall be responsible for the supervision and examination of dangerous chemicals sent by post.Article 6 The relevant departments in charge of supervision and administration of units of dangerous chemicals in accordance with these Regulations may exercise the followin

26、g powers in the course of supervision and examination according to law:(1) To enter into the operating sites of dangerous chemicals to make the spot examination, to transfer the relevant materials, and learn the relevant information form the personnel concerned, and to table the proposals for units

27、of dangerous chemicals to make rectification and improvement;(2) To order the parties concerned to eliminate the hidden risks of accidents of dangerous chemicals forthwith or within a specified time limit when such risks are discovered;(3) To order the parties concerned to cease forthwith the use of

28、 facilities, equipment, apparatus, and means of transport that fails to meet the relevant laws, regulations, rules, and national standards based on evidence; and(4) To make corrections on the spot, or to order the parties concerned to make corrections when finding the illegal acts.Units of dangerous

29、 chemicals shall be subject to the supervision and examination conducted by the relevant departments according to law without refusal or hindrance.When performing their duties of supervision and examination, the personnel assigned by the relevant departments shall produce their certificates.Chapter

30、II Manufacture, Storage, and Use of Dangerous ChemicalsArticle 7 The State carries out the unified planning, rational arrangement, and strict control over the manufacture and storage of dangerous chemicals, and implements the system to examine and approve the manufacture and storage of dangerous che

31、micals. Without examination and approval of the State, any units and individuals shall not manufacture or storage dangerous chemicals.The peoples governments at the municipality level (with districts established within the municipality ) shall, according to the local actual demand for the economic d

32、evelopment, allocate the appropriate areas to be specialized for the manufacture and storage of dangerous chemicals in accordance with the principle of ensuring safety when making the overall planning.Article 8 An enterprise for manufacture or storage of dangerous chemicals must fulfill the following qualifications:(1) It shall have the manufacture techniques, equipment, or warehousing means and facilities meeting the national standards;(2) The distance of protection around factories and warehouses shall meet the national standards or the relevant provisions of the State;(3) It shall