Interim Measures for the supervision and management of "three simultaneities" of safety facilities of construction projects

Chapter I General Provisions

Article 1 In order to strengthen the safety management of construction projects, prevent and reduce production safety accidents, and ensure the safety of employees' lives and property, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) on Work Safety and the Notice of the State Council on Further Strengthening the Work Safety of Enterprises and other laws, administrative regulations and provisions.

Article 2 These Measures shall apply to the construction, supervision and management of safety facilities for new construction, renovation and expansion projects (hereinafter referred to as construction projects) of production and business units approved by the people's governments at or above the county level and their relevant competent departments according to law.

Where laws, administrative regulations and the State Council have other provisions on the construction of safety facilities of construction projects and their supervision and management, those provisions shall prevail.

Article 3 The term "safety facilities of construction projects" as mentioned in these Measures refers to the equipment, facilities, devices, structures and other technical measures used by production and business units to prevent production safety accidents in their production and business activities.

Article 4 Production and business operation entities shall be responsible for the construction of safety facilities of construction projects. The safety facilities of a construction project must be designed, constructed and put into production and use simultaneously with the main project (hereinafter referred to as "three simultaneities"). Investment in safety facilities should be included in the budget estimate of construction projects.

Article 5 state administration of work safety implements comprehensive supervision and management of the "three simultaneities" of safety facilities of construction projects throughout the country, and undertakes the supervision and management of the "three simultaneities" of safety facilities of construction projects approved, approved or filed by the State Council and its relevant competent departments within the scope of responsibilities stipulated by the State Council.

The local production safety supervision and management departments at or above the county level shall comprehensively supervise and manage the "three simultaneities" of safety facilities of construction projects within their respective administrative areas, and undertake the supervision and management of the "three simultaneities" of safety facilities of construction projects approved, approved or filed by the people's government at the corresponding level and its relevant competent departments within the scope of their duties.

The "three simultaneities" of safety facilities for construction projects spanning more than two administrative regions shall be supervised and managed by the safety production supervision and management department of the people's government at the next higher level.

The safety production supervision and management department of the people's government at a higher level may, according to the needs of the work, entrust the safety production supervision and management department of the people's government at a lower level to supervise and manage the "three simultaneities" of the safety facilities of the construction projects under its supervision and management.

Article 6 The supervision and administration department of production safety shall strengthen the daily safety supervision of safety facilities construction of construction projects, implement relevant administrative licenses and their supervisory responsibilities, and urge production and business units to implement the responsibility of safety facilities construction.

Chapter II Demonstration of Safety Conditions and Safety Pre-evaluation of Construction Projects

Article 7 During the feasibility study of the following construction projects, the production and business operation entities shall demonstrate and pre-evaluate their safety production conditions respectively:

(1) Non-coal mine construction projects;

(two) the production and storage of dangerous chemicals (including the use of long-distance pipelines to transport dangerous chemicals, the same below) construction projects;

(3) Construction projects for the production and storage of fireworks and firecrackers;

(four) national and provincial key construction projects in chemical industry, metallurgy, nonferrous metals, building materials, machinery, light industry, textile, tobacco, commerce, military industry, highway, water transport, rail transit, electric power and other industries;

(five) other construction projects stipulated by laws, administrative regulations and the State Council.

Article 8 Production and business operation entities shall prepare safety condition demonstration reports when conducting safety condition demonstration for construction projects specified in Article 7 of these Measures. The safety condition demonstration report shall include the following contents:

(a) the inherent dangers and harmful factors of the construction project and their influence on safety production;

(two) the interaction between the construction project and the surrounding facilities (units) in production, business activities and residents' lives;

(three) the impact of local natural conditions on the safety production of construction projects;

(4) Other contents that need to be demonstrated.

Article 9 A production and business operation entity shall entrust a safety evaluation institution with corresponding qualifications to conduct a safety pre-evaluation of its construction projects and prepare a safety pre-evaluation report.

The safety pre-evaluation report of construction projects shall conform to the provisions of national standards or industry standards.

The safety pre-evaluation report of the construction project for the production and storage of hazardous chemicals shall not only comply with the provisions of the second paragraph of this article, but also comply with the provisions of relevant hazardous chemicals construction projects.

Article 10 For other construction projects other than those specified in Article 7 of these Measures, the production and business operation entities shall make a comprehensive analysis of their safety production conditions and facilities, form a written report, and report it to the safety production supervision and management department for the record in accordance with the provisions of Article 5 of these Measures.

Chapter III Design Review of Safety Facilities of Construction Projects

Eleventh production and business units in the preliminary design of construction projects, should be entrusted with the corresponding qualification of the design unit to design the safety facilities of construction projects, and the preparation of safety articles.

The design of safety facilities must comply with the provisions of relevant laws, regulations, rules and national standards or industry standards and technical specifications, and adopt advanced and applicable technologies and reliable equipment and facilities as far as possible. The design of safety facilities for construction projects specified in Article 7 of these Measures shall also fully consider the safety countermeasures proposed in the safety pre-evaluation report of construction projects.

Design units and designers of safety facilities shall be responsible for the design documents prepared by them.

Twelfth construction project safety special article shall include the following contents:

(1) design basis;

(2) General situation of construction projects;

(three) the analysis of the dangerous and harmful factors involved in the construction project and the degree of danger and harm and the safety of the surrounding environment;

(4) Architecture and site layout;

(5) Analysis, detection and monitoring of major hazard sources;

(6) Preventive measures taken in the design of safety facilities;

(seven) the establishment of safety production management institutions or the staffing of safety production management personnel;

(8) Education and training of employees;

(nine) analysis of the advanced nature and reliability of technology, equipment and facilities;

(10) estimation of special investment in safety facilities;

(eleven) the adoption of safety countermeasures and suggestions in the safety pre-evaluation report;

(twelve) the expected effect and existing problems and suggestions;

(thirteen) possible accident prevention and emergency rescue measures;

(fourteen) other matters that need to be explained by laws, regulations, rules and standards.

Article 13 After the design of safety facilities for construction projects specified in Items (1), (2) and (3) of Article 7 of these Measures is completed, the production and business operation entity shall submit an application for review to the safety production supervision and management department in accordance with the provisions of Article 5 of these Measures, and submit the following documents:

(a) the construction project approval, approval or filing documents;

(two) an application for the design review of safety facilities of construction projects;

(three) the design qualification certificate of the design unit;

(four) the preliminary design report and safety provisions of the construction project;

(five) the safety pre-evaluation report of the construction project and related documents;

(6) Other documents and materials as prescribed by laws, administrative regulations and rules.

After receiving the application, the safety production supervision and management department shall promptly review those within its scope of duties, and make a decision on whether to accept or reject the application within 5 working days after receiving the application, and inform the applicant in writing; If it is not within the scope of responsibilities of this department, it shall transfer the relevant documents to the safety production supervision and management department with the right to review, and inform the applicant in writing.

After the design of safety facilities for construction projects specified in Item (4) of Article 7 of these Measures is completed, the production and business operation entity shall file with the safety production supervision and management department in accordance with the provisions of Article 5 of these Measures, and submit the following documents:

(a) the construction project approval, approval or filing documents;

(two) the preliminary design report and safety provisions of the construction project;

(three) the safety pre-evaluation report of the construction project and related documents.

Fourteenth of the construction project safety facilities design review application has been accepted, the safety production supervision and management department shall make a decision on whether to approve within 20 working days from the date of acceptance, and inform the applicant in writing. If a decision cannot be made within 20 working days, with the approval of the person in charge of the department, 10 working days may be extended, and the applicant shall be informed in writing of the reasons for extending the time limit.

Fifteenth construction project safety facilities design in any of the following circumstances, shall not be approved, and shall not start construction:

(a) there is no construction project approval, approval or filing documents;

(two) did not entrust a design unit with corresponding qualifications to design;

(3) The safety pre-evaluation report is compiled by a safety evaluation institution that has not obtained the corresponding qualification;

(4) Failing to design in accordance with the laws, regulations, rules, national standards, industrial standards and technical specifications related to production safety;

(five) did not adopt the safety countermeasures and suggestions in the safety pre-evaluation report, and did not fully demonstrate;

(6) Failing to meet other conditions stipulated by laws and administrative regulations.

If the design review of safety facilities of construction projects is not approved, the production and business operation entity may apply to the original review department for re-examination after rectification.

Sixteenth approved construction project safety facilities design in any of the following circumstances, the production and business operation entity shall report to the original approval department for examination and approval; Without examination and approval, construction shall not be started:

(a) major changes have taken place in the scale, production technology, raw materials and equipment of the construction project;

(two) to change the design of safety facilities and may reduce the safety performance;

(3) Redesign during construction.

Article 17 The design of safety facilities for construction projects other than those specified in Article 7 of these Measures shall be reviewed by the production and business operation entities, and a written report shall be made, which shall be submitted to the safety production supervision and management department for the record in accordance with the provisions of Article 5 of these Measures.

Chapter IV Construction and Completion Acceptance of Safety Facilities of Construction Projects

Eighteenth construction project safety facilities shall be carried out by the construction unit with corresponding qualifications, and at the same time with the main project construction.

The construction unit shall formulate safety technical measures and temporary electricity utilization plans for the construction site in the construction organization design, and at the same time, formulate special construction plans for dangerous partial projects according to law, and attach safety inspection results, which shall be implemented after being signed by the technical director of the construction unit and the chief supervision engineer.

The construction unit shall carry out the construction in strict accordance with the design of safety facilities and relevant technical standards and specifications, and be responsible for the engineering quality of safety facilities.

Nineteenth construction units found that there are errors and omissions in the design documents of safety facilities, it should be timely to the production and business units, design units. Production and business units and design units shall deal with it in a timely manner.

When the construction unit finds that there are major hidden dangers in the safety facilities, it shall immediately stop the construction and report to the production and business operation unit for rectification. Only after the rectification is qualified can the construction be resumed.

Twentieth engineering supervision units shall examine whether the safety technical measures or special construction plans in the construction organization design meet the mandatory standards for engineering construction.

In the process of supervision, the engineering supervision unit shall require the construction unit to rectify if it finds hidden dangers of accidents; If the situation is serious, the construction unit shall be required to stop construction temporarily and report to the production and business operation unit in time. If the construction unit refuses to rectify or stop the construction, the project supervision unit shall report to the relevant competent department in time.

Engineering supervision units and supervisors shall carry out supervision in accordance with laws, regulations and mandatory standards for engineering construction, and assume supervision responsibility for the engineering quality of safety facilities.

Twenty-first after the completion of the safety facilities of a construction project, the production and business operation entity shall inspect the safety facilities and rectify the problems in time.

Twenty-second after the completion of the construction project specified in Article 7 of these Measures, if it is necessary to carry out trial operation (including production and use, the same below), it shall be carried out before it is officially put into production or use.

The trial operation time shall not be less than 30 days, and the longest shall not exceed 180 days, except for industries with regulations or special requirements of relevant state departments.

Construction projects that produce and store hazardous chemicals shall, before the trial operation of the construction project, report the trial operation plan to the safety production supervision and management department responsible for the safety license of the construction project for the record.

Article 23 After the safety facilities of a construction project are completed or put into trial operation, the production and business operation entity shall entrust a safety evaluation institution with corresponding qualifications to conduct acceptance evaluation of the safety facilities and prepare a safety acceptance evaluation report of the construction project.

The safety acceptance evaluation report of construction projects shall conform to the provisions of national standards or industry standards.

The safety acceptance evaluation report of the construction project for the production and storage of hazardous chemicals shall not only comply with the provisions of the second paragraph of this article, but also comply with the provisions of relevant hazardous chemicals construction projects.

Article 24 Before the construction projects specified in Items (1), (2) and (3) of Article 7 of these Measures are completed and put into production or use, the production and business operation entities shall, in accordance with the provisions of Article 5 of these Measures, apply to the safety production supervision and management department for the completion and acceptance of safety facilities, and submit the following documents:

(1) An application for the completion and acceptance of safety facilities;

(two) safety facilities design review opinions (copy);

(three) the qualification certificate of the construction unit (copy);

(four) the safety acceptance evaluation report of the construction project and the rectification confirmation materials of the existing problems;

(five) the establishment of safety production management institutions or the staffing of safety production management personnel;

(six) the safety training, education and qualification of employees;

(seven) other documents and materials stipulated by laws, administrative regulations and rules.

If the safety facilities need trial operation (production and use), a self-inspection report shall also be provided.

After receiving the application, the safety production supervision and management department shall promptly review those within its scope of duties, make a decision on whether to accept the application within 5 working days after receiving it, and inform the applicant in writing; If it is not within the scope of responsibilities of this department, it shall transfer the relevant documents to the safety production supervision and management department with the right to review, and inform the applicant in writing.

Before the construction project specified in Item (4) of Article 7 of these Measures is completed and put into production or use, the production and business operation entity shall file with the safety production supervision and management department in accordance with the provisions of Article 5 of these Measures, and submit the following documents:

(a) safety facilities design for the record (copy);

(two) the construction qualification certificate of the construction unit (copy);

(three) the safety acceptance evaluation report of the construction project and the rectification confirmation materials of the existing problems;

(four) the establishment of safety production management institutions or the staffing of safety production management personnel;

(five) safety education, training and qualification of employees.

If the safety facilities need trial operation (production and use), a self-inspection report shall also be provided.

Twenty-fifth of the accepted application for the completion and acceptance of safety facilities of construction projects, the supervision and administration department of production safety shall make a decision on whether it is qualified within 20 working days from the date of acceptance, and inform the applicant in writing. If a decision cannot be made within 20 working days, with the approval of the person in charge of the department, 10 working days may be extended, and the applicant shall be informed in writing of the reasons for extending the time limit.

Twenty-sixth construction project safety facilities in any of the following circumstances, the completion acceptance is unqualified, and shall not be put into production or use:

(a) did not choose a construction unit with corresponding qualifications for construction;

(2) Failing to construct in accordance with the design documents of safety facilities of construction projects or failing to meet the requirements of the design documents of safety facilities of construction projects;

(three) the construction of the safety facilities of the construction project does not meet the relevant national technical standards for construction;

(4) Failing to select a safety evaluation institution with corresponding qualifications for safety acceptance evaluation or failing to pass the safety acceptance evaluation;

(five) the safety facilities and conditions for safe production do not conform to the relevant laws, regulations, rules and national standards or industry standards and technical specifications;

(six) found that there are hidden dangers of accidents during the trial operation of construction projects that have not been rectified;

(seven) failing to set up a safety production management organization or to equip safety production management personnel according to law;

(eight) employees have not received safety education and training or do not have the corresponding qualifications;

(nine) other conditions that do not meet the provisions of laws and administrative regulations.

If the safety facilities of a construction project fail to pass the final acceptance, the production and business operation entity may apply to the original acceptance department for re-acceptance after rectification.

Article 27 The production and business operation entities shall organize the implementation of the completion acceptance of safety facilities of construction projects other than those specified in Article 7 of these Measures, and form a written report, which shall be submitted to the safety production supervision and management department for the record in accordance with the provisions of Article 5 of these Measures.

Twenty-eighth production and business units shall, in accordance with the provisions of the archives management, establish the "three simultaneities" archives of the safety facilities of construction projects and keep them properly.

Article 29 If the safety facilities of a construction project are not designed, constructed and put into use at the same time as the main project, the safety production supervision and management department shall not approve the relevant administrative license, and order the production and business operation entities to stop construction immediately, correct the illegal acts within a time limit, and impose administrative penalties on the relevant production and business operation entities and personnel according to law.

Chapter V Legal Liability

Thirtieth construction project safety facilities "three simultaneities" in violation of the provisions of these measures, production safety supervision and management departments and their staff to give approval or issue relevant permits, shall be given administrative sanctions according to law.

Article 31 Where a production and business operation entity violates the provisions of these Measures and fails to demonstrate the conditions for safe production and pre-evaluate the safety of the construction projects specified in Article 7 of these Measures, it shall be given a warning and may be fined between 654.38 million yuan and 30,000 yuan.

If a production and business operation entity, in violation of the provisions of these measures, fails to make a comprehensive analysis of the conditions and facilities for safe production of construction projects other than those specified in Article 7 of these measures, forms a written report and reports it to the safety production supervision and management department for the record, it shall be given a warning and may be fined not less than 5,000 yuan but not more than 20,000 yuan.

Thirty-second of these measures seventh (a), (two) and (three) the provisions of the construction project in any of the following circumstances, shall be ordered to make corrections within a time limit; Overdue correction, shall be ordered to stop construction or suspend production for rectification, and may impose a fine of 50 thousand yuan:

(a) without the design of safety facilities or the design of safety facilities is not reported to the safety production supervision and management department for examination and approval in accordance with the provisions, and the work is started without authorization;

(two) the construction unit fails to design and construct in accordance with the approved safety facilities;

(three) before putting into production or use, the safety facilities have not passed the acceptance.

Thirty-third the provisions of article seventh (four) of the construction project in any of the following circumstances, give a warning and impose a fine of 30 thousand yuan and 60 thousand yuan:

(a) there is no design of safety facilities or the design of safety facilities is not filed with the safety production supervision and management department in accordance with the provisions;

(two) the construction unit fails to construct safety facilities according to the design;

(three) before being put into production or use, the completion acceptance of safety facilities has not been filed with the safety production supervision and management department in accordance with the regulations.

Thirty-fourth major changes have taken place in the design of safety facilities of approved construction projects. If the production and business operation entity starts construction without the approval of the original approval department, it shall be ordered to make corrections within a time limit and may be fined between 65,438 yuan and 30,000 yuan.

Thirty-fifth construction projects other than those specified in Article 7 of these Measures are under any of the following circumstances, and the production and business operation entity shall order them to make corrections within a time limit and may impose a fine of not less than 5,000 yuan but not more than 30,000 yuan:

(1) Failing to design safety facilities;

(two) the design of safety facilities has not been reviewed, and a written review report has been formed and reported to the safety production supervision and management department for the record;

(3) The construction unit fails to construct safety facilities according to the design;

(four) failing to organize the completion and acceptance of safety facilities as required, forming a written report and reporting it to the safety production supervision and management department for the record.

Thirty-sixth institutions that undertake the safety evaluation of construction projects resort to deceit and issue false reports, which do not constitute a crime, and their illegal income shall be confiscated. If the illegal income is more than 5,000 yuan, a fine of more than two times and less than five times shall be imposed. If there is no illegal income or the illegal income is less than 5,000 yuan, a fine of 5,000 yuan to 20,000 yuan shall be imposed alone or concurrently, and a fine of 5,000 yuan to 50,000 yuan shall be imposed on the directly responsible person in charge and other directly responsible personnel; If it causes damage to others, it shall be jointly and severally liable for compensation with the production and business operation entity.

Institutions that violate the provisions of the preceding paragraph shall revoke their corresponding qualifications.

Article 37 The administrative punishment prescribed in these Measures shall be decided by the supervision and administration department of production safety. Where there are other provisions in laws and administrative regulations on the types, ranges and decision-making organs of administrative punishment, those provisions shall prevail.

The supervision and administration department of production safety shall promptly hand over the "three simultaneities" matters that should be handled by other relevant departments to the relevant departments, and form records for future reference.

Chapter VI Supplementary Provisions

Article 38 These Measures shall come into force as of February 65438, 20 1 year.