Notice from the General Office of the State Administration for Market Regulation on Issuing the \"Implementation Plan for Special Inspections and Rectifications Regarding the Quality, Safety of Hazardous Chemicals, as Well as Safety Risks Related to Special Equipment in Areas That Receive Chemical Industry Transfers\"

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Market regulation bureaus (departments/commissions) of all provinces, autonomous regions, municipalities directly under the Central Government, and the Xinjiang Production and Construction Corps, as well as relevant entities: We are hereby issuing the “Implementation Plan for the Special Investigation and Rectification of Quality and Safety Issues Concerning Hazardous Chemicals and Potential Hazards Related to Special Equipment at Locations Receiving Chemical Industry Transfers”. Please conscientiously implement this plan in light of local circumstances. General Office of the State Administration for Market Regulation, April 29, 2022 (This document is made publicly available.) In order to prevent and address the risks related to the quality and safety of hazardous chemicals, as well as the safety of related special equipment, arising from the relocation of the chemical industry, and to firmly curb serious quality and safety accidents, in accordance with the work plan set forth by the State Council’s Safety Committee, the State Administration for Market Regulation has decided to carry out special inspections and rectification efforts regarding the quality and safety of hazardous chemicals, as well as the safety hazards associated with related special equipment, in the main areas where the chemical industry is being relocated. Market supervision authorities across the country should carry out targeted inspections and rectification efforts to ensure that enterprises holding permits for the production of hazardous chemicals fulfill their responsibilities at all stages, enhance their awareness of risk management, and resolutely prevent the occurrence of quality and safety accidents ； Identify the inventory and safety status of relocated special equipment, carry out thorough inspections for potential safety hazards associated with such equipment and take effective measures to address them, thereby preventing serious accidents and major incidents involving these special devices, as well as avoiding systematic, regional, or industry-wide accidents related to them. To this end, the following proposal is put forward. I. Conduct inspections and rectifications of potential quality and safety hazards related to hazardous chemicals in areas that host the relocation of chemical industries. (1) Scope of inspections and rectifications: Enterprises holding permits for the production of industrial products involving hazardous chemicals, as part of chemical industry projects relocated from other locations (see Appendix 1 for the list). Market supervision authorities in various regions should, in accordance with relevant industry policies and production requirements, strictly approve industrial product production licenses and strengthen supervision after issuance of such licenses. (II) Main tasks
1. Strictly regulate the approval process for production permits of hazardous chemicals, and strengthen post-permit supervision and inspections. The market supervision authorities in the regions where various chemical industries are relocated must carefully examine whether the industry policy documents such as project filings and approvals submitted by enterprises applying for permits to handle hazardous chemicals meet the required standards. They should also strengthen the review of these enterprises’ production capabilities, and refuse to approve applications from those that do not meet the licensing requirements. Focusing on key aspects such as raw material inspection upon receipt, in-process control, and final product inspection, as well as key elements like production equipment and testing facilities, on-site supervision and inspections are carried out for hazardous chemicals manufacturers that have obtained relevant certifications. It is necessary to emphasize the key points of inspection, detail the specific items to be checked, and create a list of potential hazards. Each company is examined individually, and any issues or hazards identified are managed through a dynamic tracking system: once a problem is found, it is addressed immediately, and once it is resolved, it is marked as resolved, thereby achieving closed-loop management ； For those that fail to make adequate improvements, interviews are conducted. 2. Urge hazardous chemical enterprises to assume their primary responsibilities and effectively eliminate potential quality and safety hazards. The market supervision authorities in the regions where chemical industries are relocated must urge the companies moving there to enhance their awareness of quality and safety, to strictly fulfill the responsibilities and obligations stipulated by the Product Quality Law and the Regulations on the Administration of Industrial Product Production Licenses. They should identify potential risks related to quality and safety, conduct self-inspections regarding raw material procurement, process control, as well as production and testing facilities, establish records of these issues, propose measures to eliminate each risk, and carry out necessary corrections in a timely manner. II. Conduct inspections and rectifications for potential safety hazards related to special equipment (1) Scope of inspections and rectifications: Special equipment that is transferred as part of chemical industry projects brought in from other locations. Local market supervision departments may, in light of local conditions, include other special equipment involved in chemical industry relocation projects in their scope of inspection and rectification. (II) Main tasks 1. Thoroughly investigate and address safety hazards related to special equipment. The market supervision authorities in the regions where various chemical industries have been relocated should urge the using units to carry out self-inspections and self-corrections for potential safety hazards related to special equipment. Urge the user units to determine the inventory of special equipment as well as that of equipment that has been relocated, and to establish records for such equipment. In accordance with safety technical standards and regulatory requirements such as the \"Rules for the Use and Management of Special Equipment,\" it is necessary to check whether safety management systems and operating procedures have been established and are effectively implemented, whether personnel possess the required certifications and have received appropriate training. In particular, thorough inspections should be carried out to determine whether relocated special equipment has been registered for use, whether its records are complete, whether it is within its inspection validity period, whether regular maintenance and periodic self-inspections are being conducted properly, and whether safety accessories and protective devices are still valid. Establish a ledger of potential hazards and strictly implement corrective actions. City and county-level market supervision departments shall, in light of the chemical industry relocation projects within their jurisdictions, conduct a comprehensive review of the units that use special equipment. They need to determine the total number of special equipment involved in these relocation projects as well as those that are being relocated. In accordance with the \"Rules for On-site Supervision and Inspection of Special Equipment,\" they should formulate supervision and inspection plans, designating the units using equipment that is being relocated as key targets for inspection. If necessary, experts should be invited to participate in these inspections, so as to ensure comprehensive on-site supervision and inspection of all such units. Special attention should be paid to whether the user units have completed the registration process and carried out special inspections and rectifications regarding potential safety hazards. User units must eliminate all identified safety hazards and implement a closed-loop management system for rectification. Special equipment must not be operated while having existing defects; those for which no corrective measures have been taken must be taken out of service. Urge special equipment inspection agencies to provide technical support to ensure that the rate of regular inspections and registration for the use of special equipment in areas where the chemical industry is relocating reaches 100%. 2. Promote the improvement of safety management capabilities among user units and grassroots supervision capabilities. Market supervision departments in various regions serving as recipients of the relocation of chemical industries must urge chemical industrial parks and entities utilizing special equipment to enhance the training of personnel responsible for special equipment safety management, professional technicians, and frontline workers involved in operating such equipment. These entities should fulfill their respective obligations as stipulated in the “Rules for the Management of Special Equipment Use”. Additionally, they should conduct training on relevant safety technical standards for special equipment, thereby improving the professional capabilities of both safety managers and operators. This will ultimately help to significantly elevate the overall level of special equipment safety management within these organizations. Market supervision departments at all levels should, with the policy support of the Party committees, ensure that there are sufficient and qualified personnel for the supervision of special equipment. They should focus on strengthening the capabilities of institutions responsible for inspecting such equipment, establish training centers or bases, and increase training for supervisors and inspectors. Special training programs on the use and management of special equipment, as well as on on-site supervision and inspection, should be organized to improve the ability of frontline supervisors to identify safety hazards and to carry out comprehensive supervision tasks. The inspection agencies in the province where the relocated special equipment is brought in may, in light of actual circumstances, invite industry associations, inspection agencies from the province where the equipment originated, or **comprehensive inspection agencies to provide targeted technical assistance. Through measures such as training for inspectors, technical exchanges, and on-site inspections, the technical capabilities of the inspection agencies in the receiving province can be enhanced. III. Schedule (I) Self-inspection and correction phase (by June 30, 2022) 1. The market supervision departments in the areas where the chemical industry is being relocated shall urge the enterprises involved in the transfer of hazardous chemicals to conduct thorough self-inspections for potential risks and issues related to product quality and safety. Any problems or risks identified must be rectified by June 30, 2022, with records of these corrections to be kept. Supervise enterprises to implement measures strictly, ensuring that everything is carried out and every task yields results. 2. The market supervision departments in the regions where various chemical industries have been relocated must urge the entities that use special equipment to carry out self-inspections and self-corrections. By June 30, 2022, these entities must submit records related to the special equipment that has been moved, lists of potential hazards, and information on how those hazards were addressed to the local market supervision departments and the industry authorities in charge. They must also accept inspections by the special equipment safety supervision departments and industry authorities, as well as examinations by inspection agencies. (II) Supervision, inspection, and problem resolution phase (before August 30, 2022) 1. Market regulation authorities in all regions must complete comprehensive supervision and inspections of enterprises that have obtained permits for the production of hazardous chemicals by August 30, 2022. Relevant details should be reported to the Quality Supervision Department of the State Administration for Market Regulation (submission method: “State Administration Work Portal” – “Document Exchange System” – “Submit Documents” – “Send” – “Quality Supervision Department”). 2. Municipal and county-level regulatory authorities shall organize supervision and inspections in accordance with the supervision and inspection plan, prepare the \"Statistical Table of On-site Supervision and Inspection of Special Equipment\" (see Appendix 2), and submit it to the provincial-level market regulation authorities. Provincial market regulation authorities shall inspect and provide guidance to municipal and county-level regulatory authorities regarding their work on identifying and rectifying potential hazards. They shall compile statistics on the results of on-site inspections conducted in various regions into a summary report, which must be submitted to the Special Equipment Bureau of the State Administration for Market Regulation by August 30, 2022 (submission method: “State Administration Work Portal” – “Document Exchange System” – “Submit Documents” – “Send” – “Special Equipment Bureau”). (III) Phase of targeted assistance and consolidation/improvement (before September 30, 2022) 1. Market regulation authorities in all regions shall organize technical personnel to explain to enterprises involved in the transfer of hazardous chemicals the relevant policy requirements, standards, and technical specifications pertaining to production licenses. They must urge these enterprises to comply with such policies and standards, conduct self-inspections and make necessary corrections in accordance with the standards, continuously enhance employees’ awareness of quality and safety, and improve their internal quality and safety management capabilities, so as to prevent any incidents related to product quality and safety. 2. Market supervision departments in various regions organize training to improve the safety management capabilities of entities that use special equipment, as well as the professional skills of the personnel involved in such operations. Provincial market supervision departments organize specialized training for frontline supervisors to enhance their regulatory capabilities. The inspection agencies in the province from which the special equipment is transferred shall provide support to the inspection agencies in the province to which it is transferred, enhancing the technical capabilities of those agencies and improving the skill levels of their inspectors. IV. Safeguard Measures (1) Attach great importance and organize carefully. Market supervision departments in various regions must raise their political awareness, firmly adopt a bottom-line mindset, and provide the necessary human, material, and financial resources. In the face of difficulties, they should promptly report to the local authorities and safety committees, and organize thorough inspections and rectifications to address potential safety hazards, ensuring that these efforts are effectively implemented and yield practical results. (II) Enforce laws strictly and implement closed-loop management. Market supervision agencies across the country must prioritize strictness, ensuring rigorous oversight and enforcement; any illegal or irregular activities detected must be punished in strict accordance with the law. Special equipment that has not had its safety hazards rectified must not be used any longer. For entities that refuse to make corrections or fail to do so adequately, reports should be submitted promptly to the local authorities and higher-level regulatory bodies, requesting that supervision be assigned to ensure timely follow-up on the corrective actions. Once the corrections are completed, the case should be closed, thereby achieving a closed-loop management system. (III) Strengthen coordination to create a joint force. Market supervision agencies across the country should strengthen coordination and integration in areas such as product quality oversight, safety inspection of special equipment, law enforcement inspections, credit monitoring, and inspection institutions, so as to create a unified approach to market supervision. Units that violate regulations should be included in the credit monitoring platform in accordance with relevant provisions, and subject to joint disciplinary actions. It is necessary to coordinate the regulatory efforts of all parties, give full play to the roles of local party committees, industry associations, technical institutions, enterprises, and other entities, create a collaborative governance framework, and improve the effectiveness of risk identification and mitigation. (IV) Summarize experiences and establish mechanisms. Market supervision departments across the country should continue to carry out inspections, take corrective actions, and summarize experiences along the way. They must enforce strict regulations regarding the licensing of hazardous chemical production as well as the registration process for the use of special equipment. Efforts should be made to accelerate the implementation of classified supervision, credit-based supervision, and smart supervision mechanisms for product quality and special equipment. Relevant work processes such as early warnings for overdue inspections, reminders for inspections, ensuring that all necessary inspections are carried out, reporting of potential hazards, and dissemination of relevant information should be established and improved, in order to create a sustainable mechanism for enhancing the quality and safety of hazardous chemicals and increasing the rate of inspections of special equipment. If you encounter problems at work, please contact the relevant departments of the General Administration in a timely manner.