​ The legal basis requiring enterprises that use hazardous chemicals in production to conduct regular safety assessments
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The legal basis requiring enterprises that use hazardous chemicals in their production activities to conduct regular safety assessments is provided by Article 22 of the Regulations on the Safety Management of Hazardous Chemicals (as amended in 2013) (issued by Decree No. 344 of the State Council, amended by Decree No. 591 and Decree No. 645 of the State Council). According to this article, enterprises that produce or store hazardous chemicals must entrust agencies that meet the specified qualification requirements to carry out safety assessments of their safety conditions every three years, and such agencies must submit reports on these assessments. In accordance with Article 32 of the Regulations on the Safety Management of Hazardous Chemicals (Amended in 2013) (promulgated by State Council Order No. 344, amended by State Council Order No. 591, and amended by State Council Order No. 645), the provisions of Article 16 of these regulations regarding enterprises that produce hazardous chemicals subject to strict environmental management apply to enterprises that use such hazardous chemicals in their production processes ； The provisions in Articles 20, 21, Paragraph 1 of Article 23, and Article 27 regarding units engaged in the production and storage of hazardous chemicals shall apply to units that use hazardous chemicals ； Article 22, the provisions regarding enterprises that produce and store hazardous chemicals, apply to enterprises that use hazardous chemicals in production. In summary, enterprises that use hazardous chemicals in their production activities must regularly commission qualified safety assessment agencies to conduct safety assessments of their own production safety conditions. Recent penalty cases: Case 1. On August 12, 2021, law enforcement officers from the Basic Work on Work Safety Division of the Hangzhou Emergency Management Bureau, together with officials from the Xiaoshan District Emergency Management Bureau, conducted a lawful inspection at Hangzhou ** Industrial Co., Ltd., located in Meilin Village, Guali Town, Xiaoshan District. It was discovered that the company used hazardous chemicals such as methanol in its production processes. On-site, 1.2 tons of methanol and 400 kilograms of propane were found stored there. The company failed to conduct regular safety assessments regarding its work safety conditions as required by regulations. The law enforcement authorities issued a \"Order for Rectification\" to the company, requiring it to make corrections within a specified time frame. A formal investigation was launched into the illegal activities committed by Hangzhou Jingfeng Industrial Co., Ltd. The investigation found that the company’s actions violated the relevant provisions of Article 32 of the Regulations on the Safety Management of Hazardous Chemicals (Decree No. 591 of the State Council). Recently, the Municipal Emergency Management Bureau, in accordance with the relevant provisions of Article 80 of the Regulations on the Safety Management of Hazardous Chemicals (Decree No. 591 of the State Council), imposed an administrative penalty on it in the form of a fine of RMB 50,000. Case 2: On the afternoon of October 21, 2021, the Basic Services Section of the Zhongshan Emergency Management Bureau, along with an expert team, went to Zhongshan **Aluminum-Plastic Packaging Co., Ltd. (hereinafter referred to as Hongda Company) to provide assistance. They discovered significant safety hazards at the company, so they notified the Henglan Town Emergency Management Bureau to handle the situation. After collecting evidence on site, the town’s emergency management bureau sealed off the company’s polishing and oxidation workshops. Upon investigation, it was found that **the company’s activities related to the design, manufacturing, installation, use, testing, maintenance, modification, and disposal of safety equipment do not comply with** the relevant standards or industry standards ； No prominent safety warning signs have been placed at confined space work areas ； For reused packaging and containers for hazardous chemicals, the user failed to conduct inspections as required before reuse, nor did they keep records of those inspections ； Illegal acts such as failing to commission an institution with the **required qualifications to conduct safety assessments of the enterprise’s safety production conditions every 3 years, as required by regulations. Currently, the case has been referred to the Town’s Comprehensive Administrative Law Enforcement Bureau, which plans to impose an administrative penalty in the form of a fine totaling 220,000 yuan.
In accordance with the Work Safety Law, the Measures for the Implementation of Work Safety Licenses for Non-coal Mine Enterprises, and other relevant regulations, as well as AQ8001-2007 General Principles for Safety Assessment and related requirements
1) Work Safety Law of the People’s Republic of China (Decree No. 13 of the State Council of the People’s Republic of China; effective as of December 1, 2014).
2) Fire Protection Law of the People’s Republic of China (Decree No. 6 of the State Council of the People’s Republic of China; implemented as of May 1, 2009).
3) Law of the People’s Republic of China on Earthquake Prevention and Disaster Reduction (Decree No. 7 of the State Council of the People’s Republic of China; revised in 2008 and effective as of May 1, 2009).
4) Law of the People’s Republic of China on Response to Emergencies (Decree No. 69 of the State Council of the People’s Republic of China; implemented as of November 1, 2007).
5) Law of the People’s Republic of China on Soil and Water Conservation (Decree No. 39 of the State Council of the People’s Republic of China; revised in 2010 and effective as of March 1, 2011).
6) Water Law of the People’s Republic of China (Decree No. 47 of the State Council of the People’s Republic of China; revised in July 2016).
7) Flood Control Law of the People’s Republic of China (Decree No. 88 of the State Council of the People’s Republic of China; revised in July 2016).
8) Law of the People’s Republic of China on Safety Supervision of Special Equipment (Decree No. 4 of the State Council of the People’s Republic of China; effective as of January 1, 2014).
9) Implementing Measures for Work Safety Licenses for Non-Coal Mining Enterprises (Order No. 20 issued by the State Administration of Work Safety; amended by Order No. 78 in 2015).
10) Implementation Opinions of the Office of the State Council Work Safety Commission on Further Strengthening the Construction of the Emergency Rescue System for Work Safety in Accordance with the Guidelines of the State Council (Document No. 25 issued by the Office of the State Council Work Safety Commission).
11) Regulations on Reporting, Investigation and Handling of Work Safety Accidents (Decree No. 493 of the State Council of the People’s Republic of China; effective as of June 1, 2007).
12) Provisions on Work Safety Training for Production and Business Entities (**Order No. 80 issued by the State Administration of Work Safety; adopted at a meeting of the administration’s leadership on February 26, 2015; effective as of July 1, 2015**).
13) Measures for the Administration of Emergency Plans for Work Safety Accidents (**Order No. 88 issued by the State Administration of Work Safety; effective as of July 1, 2016**).
14) **Notice of the General Office of the State Administration of Work Safety on Issuing the Framework Guidelines for Emergency Plans of Work Safety Regulatory Authorities** (Document No. 222 issued by the General Office of the State Administration of Work Safety; released on November 3, 2011).
15) Regulations on Work Safety Management in Construction Projects (Decree No. 393 of the State Council of the People’s Republic of China).
16) Interim Measures for the Supervision and Administration of the “Three Simultaneities” Principle Regarding Safety Facilities in Construction Projects (**Order No. 36 issued by the State Administration of Work Safety; amended by Order No. 77 of the same administration; effective as of May 1, 2015**).
17) Measures for Lightning Protection and Disaster Reduction Management (Order No. 24 issued by the China Meteorological Administration; effective as of June 1, 2013).
18) Notice on Issuance of Relevant Documents (Document No. 115 issued by the State Administration of Work Safety; dated August 8, 2003).
19) Regulations on Work Safety in Hebei Province (adopted at the 5th Session of the 12th Hebei Provincial People’s Congress on March 1, 2017).
20) Measures for Classification and Assessment of Major Hazard Sources in Hebei Province (Document No. 93 issued by the Hebei Provincial Administration of Work Safety and Emergency Management).
21) Amendment to the Provisions on Supervision and Administration of Major Hazard Sources in Hebei Province (promulgated via Decree No. 2 of the Hebei Provincial People’s Government on May 10, 2013; effective as of the date of promulgation).
22) Notice from the Hebei Provincial Administration of Work Safety and Emergency Management on Further Strengthening and Standardizing the Supervision and Administration of Major Hazard Sources across the Province (Document No. 83 issued by the Hebei Provincial Administration of Work Safety and Emergency Management)
2) Fire Protection Law of the People’s Republic of China (Decree No. 6 of the State Council of the People’s Republic of China; implemented as of May 1, 2009).
3) Law of the People’s Republic of China on Earthquake Prevention and Disaster Reduction (Decree No. 7 of the State Council of the People’s Republic of China; revised in 2008 and effective as of May 1, 2009).
4) Law of the People’s Republic of China on Response to Emergencies (Decree No. 69 of the State Council of the People’s Republic of China; implemented as of November 1, 2007).
5) Law of the People’s Republic of China on Soil and Water Conservation (Decree No. 39 of the State Council of the People’s Republic of China; revised in 2010 and effective as of March 1, 2011).
6) Water Law of the People’s Republic of China (Decree No. 47 of the State Council of the People’s Republic of China; revised in July 2016).
7) Flood Control Law of the People’s Republic of China (Decree No. 88 of the State Council of the People’s Republic of China; revised in July 2016).
8) Law of the People’s Republic of China on Safety Supervision of Special Equipment (Decree No. 4 of the State Council of the People’s Republic of China; effective as of January 1, 2014).
9) Implementing Measures for Work Safety Licenses for Non-Coal Mining Enterprises (Order No. 20 issued by the State Administration of Work Safety; amended by Order No. 78 in 2015).
10) Implementation Opinions of the Office of the State Council Work Safety Commission on Further Strengthening the Construction of the Emergency Rescue System for Work Safety in Accordance with the Guidelines of the State Council (Document No. 25 issued by the Office of the State Council Work Safety Commission).
11) Regulations on Reporting, Investigation and Handling of Work Safety Accidents (Decree No. 493 of the State Council of the People’s Republic of China; effective as of June 1, 2007).
12) Provisions on Work Safety Training for Production and Business Entities (**Order No. 80 issued by the State Administration of Work Safety; adopted at a meeting of the administration’s leadership on February 26, 2015; effective as of July 1, 2015**).
13) Measures for the Administration of Emergency Plans for Work Safety Accidents (**Order No. 88 issued by the State Administration of Work Safety; effective as of July 1, 2016**).
14) **Notice of the General Office of the State Administration of Work Safety on Issuing the Framework Guidelines for Emergency Plans of Work Safety Regulatory Authorities** (Document No. 222 issued by the General Office of the State Administration of Work Safety; released on November 3, 2011).
15) Regulations on Work Safety Management in Construction Projects (Decree No. 393 of the State Council of the People’s Republic of China).
16) Interim Measures for the Supervision and Administration of the “Three Simultaneities” Principle Regarding Safety Facilities in Construction Projects (**Order No. 36 issued by the State Administration of Work Safety; amended by Order No. 77 of the same administration; effective as of May 1, 2015**).
17) Measures for Lightning Protection and Disaster Reduction Management (Order No. 24 issued by the China Meteorological Administration; effective as of June 1, 2013).
18) Notice on Issuance of Relevant Documents (Document No. 115 issued by the State Administration of Work Safety; dated August 8, 2003).
19) Regulations on Work Safety in Hebei Province (adopted at the 5th Session of the 12th Hebei Provincial People’s Congress on March 1, 2017).
20) Measures for Classification and Assessment of Major Hazard Sources in Hebei Province (Document No. 93 issued by the Hebei Provincial Administration of Work Safety and Emergency Management).
21) Amendment to the Provisions on Supervision and Administration of Major Hazard Sources in Hebei Province (promulgated via Decree No. 2 of the Hebei Provincial People’s Government on May 10, 2013; effective as of the date of promulgation).
22) Notice from the Hebei Provincial Administration of Work Safety and Emergency Management on Further Strengthening and Standardizing the Supervision and Administration of Major Hazard Sources across the Province (Document No. 83 issued by the Hebei Provincial Administration of Work Safety and Emergency Management)
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