Ministry of Housing and Urban-Rural Development Issues New Directive: Safety Production Management Responsibilities Must Be Assigned to Individuals
2016-01-08
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In order to implement the 'Provisions on the Safety Production Management of Principal Persons in Charge, Project Managers, and Full-time Safety Production Management Personnel of Construction Enterprises' (Order No. 17 of the Ministry of Housing and Urban-Rural Development), the Ministry of Housing and Urban-Rural Development formulated implementation opinions and announced them recently. The 'Implementation Opinions' clearly stipulate the scope and classification of management personnel, conditions for safety production, and assessment content and methods.
I. Scope of Principal Persons in Charge of Enterprises
The principal persons in charge of an enterprise include the legal representative, general manager (president), deputy general manager (vice president) in charge of safety production, deputy general manager (vice president) in charge of production and operation, technical director, safety director, etc.
II. Classification of Full-time Safety Production Management Personnel
Full-time safety production management personnel are divided into three categories: mechanical, civil engineering, and comprehensive. Mechanical full-time safety production management personnel can engage in safety production management work such as hoisting machinery, earthmoving machinery, and piling machinery. Civil engineering full-time safety production management personnel can engage in safety production management work other than hoisting machinery, earthmoving machinery, and piling machinery. Comprehensive full-time safety production management personnel can engage in all safety production management work. New applicants for the safety production assessment of full-time safety production management personnel can only choose one of the three categories: mechanical, civil engineering, or comprehensive. Mechanical full-time safety production management personnel, after passing the civil engineering safety production management professional examination, can apply for a comprehensive full-time safety production management personnel safety production assessment certificate. Civil engineering full-time safety production management personnel, after passing the mechanical safety production management professional examination, can apply for a comprehensive full-time safety production management personnel safety production assessment certificate.
Conditions for Assessment
III. Conditions for Applying for Safety Production Assessment
(1) To apply for the safety production assessment of the principal person in charge of a construction enterprise, the following conditions shall be met:
1. Have the corresponding educational level and professional technical title (except for the legal representative);
2. Have established a labor relationship with the enterprise;
3. Have passed the annual safety production education and training of the enterprise.
(2) To apply for the safety production assessment of the project manager of a construction enterprise, the following conditions shall be met:
1. Have obtained the corresponding registered practice qualification;
2. Have established a labor relationship with the enterprise;
3. Have passed the annual safety production education and training of the enterprise.
(3) To apply for the safety production assessment of full-time safety production management personnel, the following conditions shall be met:
1. Aged at least 18 and under 60, in good health;
2. Have an educational level of secondary school (including high school, technical school, vocational high school) or above, or a primary or above technical title;
3. Have established a labor relationship with the enterprise and have been engaged in construction management work for more than two years;
4. Have passed the annual safety production education and training of the enterprise.
Assessment Content and Methods
IV. Content and Methods of Safety Production Assessment
The safety production assessment includes safety production knowledge assessment and safety production management ability assessment.
The safety production knowledge assessment may be conducted in written or computer-based form; the safety production management ability assessment may be conducted through on-site practical operation assessment or simulated on-site assessment through video, pictures, etc.
The safety production management ability assessment content for mechanical full-time safety production management personnel and comprehensive full-time safety production management personnel must include climbing tower cranes and identification of hidden dangers in hoisting machinery, etc.
V. Format of Safety Production Assessment Certificate
The safety production assessment certificates for the principal persons in charge, project managers, and full-time safety production management personnel of construction enterprises shall be uniformly prescribed by the Ministry of Housing and Urban-Rural Development. The cover of the certificate for principal persons in charge is red, for project managers is green, and for full-time safety production management personnel is blue.
VI. Numbering of Safety Production Assessment Certificate
The numbering of safety production assessment certificates for the principal persons in charge and project managers of construction enterprises shall comply with the relevant provisions of the 'Notice on Issues Concerning the Safety Production Assessment Certificates for Principal Persons in Charge, Project Managers, and Full-time Safety Production Management Personnel of Construction Enterprises' (Jian Ban Zhi [2004] No. 23).
VII. Renewal of Safety Production Assessment Certificate
The principal persons in charge, project managers, and full-time safety production management personnel of construction enterprises shall, within 3 months before the expiration of the validity period of the safety production assessment certificate, apply to the original assessment authority for certificate renewal through their enterprise. Certificate renewal shall be granted to those who meet the following conditions:
(1) Have not been subject to administrative penalties due to production safety accidents or safety production violations during the validity period of the certificate;
(2) Have no record of bad safety production behavior in the credit file;
(3) Have passed the annual safety production education and training of the enterprise, and have participated in safety production education and training organized by the housing and urban-rural development authorities at or above the county level for at least 24 hours during the validity period of the certificate.
Those who do not meet the conditions for certificate renewal shall apply for re-assessment. If renewal is not processed, the certificate shall automatically become invalid.
VIII. Replacement of Safety Production Assessment Certificate
Personnel who have obtained the safety production assessment certificate for full-time safety production management personnel before the implementation of these opinions and whose certificates are within the validity period may, after applying to the original assessment authority for certificate replacement through their enterprise, choose to replace it with a civil engineering full-time safety production management personnel safety production assessment certificate or a mechanical full-time safety production management personnel safety production assessment certificate.
IX. Cross-provincial Change of Safety Production Assessment Certificate
If the principal persons in charge, project managers, and full-time safety production management personnel of construction enterprises change their employing enterprise across provinces, they shall go through the certificate transfer procedures at the original assessment and certification authority. The original assessment and certification authority shall issue a certificate transfer certificate including information such as the validity period of the original certificate. The principal persons in charge, project managers, and full-time safety production management personnel of construction enterprises shall, with the relevant certificates, go through the procedures for a new certificate at the assessment and certification authority of the place where the new employing enterprise is registered for industry and commerce. The new certificate shall continue the validity period of the original certificate.
Staffing of Full-time Personnel
X. Staffing of Full-time Safety Production Management Personnel
Construction enterprises shall staff full-time safety production management personnel in accordance with the relevant provisions of the 'Measures for the Establishment of Safety Production Management Organizations and Staffing of Full-time Safety Production Management Personnel in Construction Enterprises' (Jian Zhi [2008] No. 91). In the safety production management organization of a construction enterprise and in a construction project, there shall be both full-time safety production management personnel who can engage in safety production management work such as hoisting machinery, earthmoving machinery, and piling machinery, and full-time safety production management personnel who can engage in safety production management work other than hoisting machinery, earthmoving machinery, and piling machinery.
XI. Suspension and Revocation of Safety Production Assessment Certificate
If full-time safety production management personnel of a construction enterprise fail to perform safety production management duties as required, resulting in a general production safety accident, the assessment authority shall suspend their safety production assessment certificate for not less than six months and not more than one year. If the principal persons in charge, project managers, and full-time safety production management personnel of a construction enterprise fail to perform safety production management duties as required, resulting in a relatively major or above production safety accident, the assessment authority shall revoke their safety production assessment certificate.
XII. Safety Production Assessment Fees
No fees shall be charged for the safety production assessment of the principal persons in charge, project managers, and full-time safety production management personnel of construction enterprises. The relevant expenses required for the assessment work shall be guaranteed by the housing and urban-rural development authorities of the provincial people's governments in consultation with the finance departments at the same level.
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