Thread Content
Order No. 40 of the General Administration – **Interim Provisions on the Supervision and Management of Major Hazardous Sources of Chemicals**. Order No. 40 of the General Administration for Work Safety, **Interim Provisions on the Supervision and Management of Major Hazardous Sources of Chemicals**, was approved at the meeting of the bureau directors of the General Administration for Work Safety on July 22, 2011; it is now hereby promulgated and shall come into force as of December 1, 2011. **Luo Lin, Director of the State Administration for Work Safety, August 5, 2011**Interim Provisions on the Supervision and Management of Major Hazardous Sources of Chemicals (issued on August 5, 2011, by Order No. 40 of the State Administration for Work Safety; amended by Order No. 79 of the State Administration for Work Safety on May 27, 2015)Chapter I General ProvisionsArticle 1 These Provisions are formulated in order to strengthen the supervision and management of major hazardous sources of chemicals, prevent and reduce the occurrence of chemical accidents, and protect the lives and property of the people. They are based on laws and administrative regulations such as the Work Safety Law of the People’s Republic of China and the Regulations on the Safety Management of Chemicals. Article 2 These provisions shall apply to the identification, assessment, registration, filing, cancellation, and supervision and management of major chemical hazards in entities engaged in the production, storage, use, and operation of **chemicals (hereinafter collectively referred to as **chemical entities). These provisions do not apply to the safety supervision and management of town gas, major chemical hazard sources used in national defense research and production, as well as major chemical hazard sources within port areas. Article 3: The term **major hazard sources of chemicals** (hereinafter referred to as major hazard sources) as used in these regulations refers to units (including sites and facilities) for the production, storage, use, or handling of **chemicals** that, in accordance with the standard **Identification of Major Hazard Sources of Chemicals** (GB18218), have a quantity equal to or exceeding the critical level. Article 4 **The chemical enterprise is the entity responsible for the safety management of its major hazard sources; its principal responsible person is accountable for such safety management and ensures the provision of the necessary safety investments for the safe operation of these hazard sources. Article 5: The safety supervision and management of major hazard sources shall follow the principle of combining territorial supervision with hierarchical management. Local people’s work safety supervision and management departments at or above the county level shall, in accordance with relevant laws, regulations, standards, and these provisions, exercise safety supervision and management over major hazard sources within their respective jurisdictions. Article 6 **Encourages** chemical enterprises to adopt advanced and appropriate processes, technologies, equipment, and automatic control systems that help improve the safety standards for major hazard sources, thereby promoting the informatization of safety supervision efforts related to such hazards by the authorities in charge of work safety supervision. Chapter 2 Identification and Assessment Article 7 **Chemical enterprises shall, in accordance with the **Standards for Identifying Major Hazard Sources of Chemicals**, identify major hazard sources in their facilities, equipment, or sites used for the production, operation, storage, and use of chemicals, and record the process and results of such identification. Article 8 **Chemical enterprises shall conduct safety assessments on major hazard sources and determine their hazard levels. **Chemical enterprises can organize their registered safety engineers and technical personnel to conduct safety assessments, or hire relevant experts for such purposes; they can also entrust safety assessment agencies with the appropriate qualifications to carry out these assessments. In accordance with the provisions of laws and administrative regulations, where chemical enterprises are required to conduct safety assessments, the safety assessment of major hazard sources can be carried out alongside the enterprise’s overall safety assessment, with the safety assessment report serving as a substitute for the report on major hazard sources; alternatively, the safety assessment of major hazard sources can be conducted separately. Hazardous sources are classified into Level 1, Level 2, Level 3, and Level 4 according to their degree of hazard, with Level 1 being the highest level. The classification methods for major hazard sources are listed in Annex 1 of these regulations. Article 9: In the event that a major hazard source falls under any of the following circumstances, it is necessary to entrust a safety assessment agency with the appropriate qualifications to conduct a safety assessment using quantitative risk assessment methods in accordance with relevant standards, in order to determine the individual and societal risk levels: (1) It constitutes a Class 1 or Class 2 major hazard source, and the sum of the actual (online) concentration of toxic gases and the ratio of this concentration to the critical value specified in the **Identification of Major Hazardous Chemicals** is greater than or equal to 1 ； (II) Those that constitute a first-class major hazard source, and for which the sum of the ratio of the actual amount (online) of the explosive or liquefied flammable gas to the critical value specified in the **Identification of Major Hazard Sources for Chemicals** is greater than or equal to 1. Article 10 The safety assessment report for major hazard sources shall be objective and fair, with accurate data, complete content, clear conclusions, and feasible measures, and shall include the following contents: (1) The main bases for the assessment ； (II) Basic information on major hazard sources ； (III) Likelihood of occurrence and degree of harm of the accident ； (IV) Individual risk and social risk values (applicable only to quantitative risk assessment methods) ； (5) Surrounding locations and personnel that may be affected by the accident ； (VI) Compliance analysis of the identification and classification of major hazard sources ； (VII) Safety management measures, safety technologies, and monitoring measures ； (8) Emergency measures for accidents ； (IX) Evaluation conclusions and recommendations. **Where a chemical enterprise substitutes a safety evaluation report with a safety assessment report, the contents regarding major hazard sources in such safety assessment report shall meet the requirements stipulated in Paragraph 1 of this Article. Article 11 Under any of the following circumstances, **chemical enterprises shall re-identify, conduct a safety assessment, and classify the major hazard sources: (1) The safety assessment of the major hazard source has been completed three years ago ； (II) Construction, renovation, or expansion of devices, facilities, or sites that constitute major hazard sources ； (III) **Changes in the types and quantities of chemicals, production and usage processes, or storage methods, as well as in key equipment and facilities, that affect the level of the major hazard source or its risk level** ； (IV) Changes in external production safety environmental factors that affect the level of major hazard sources and the degree of risk ； (5) In cases where a chemical accident results in fatalities, or injuries to 10 or more people, or affects public safety ； (VI) Changes occur in the **standards and industry standards regarding the identification of major hazard sources and safety assessment. Chapter 3 Safety Management Article 12 **Chemical enterprises shall establish comprehensive rules and regulations for the safety management of major hazard sources as well as safe operating procedures, and take effective measures to ensure their implementation. Article 13 **Chemical enterprises shall, based on the actual conditions such as the types and quantities of chemicals that constitute major hazard sources, the production and usage processes (methods), as well as relevant equipment and facilities, establish and improve a safety monitoring system in accordance with the following requirements to enhance control measures: (1) Major hazard sources shall be equipped with systems for continuous collection and monitoring of information such as temperature, pressure, liquid level, flow rate, and composition, as well as detection and alarm devices for leaks of flammable gases and toxic and harmful gases. Such systems shall also have functions such as remote data transmission, continuous recording, accident early warning, and information storage ； Primary or secondary major hazard sources are equipped with an emergency shutdown function. The electronic data recorded shall be retained for no less than 30 days ； (II) Automated control systems for chemical production facilities and equipment involving major hazard sources that meet safety production requirements ； For Class 1 or Class 2 major hazard sources, an emergency shutdown system is required ； (3) For key facilities related to toxic gases, **liquids, and flammable gases among major hazard sources, emergency shut-off devices shall be installed ； For facilities handling toxic gases, emergency devices for dealing with leaks must be installed. For primary or secondary major hazard sources involving toxic gases, liquefied gases, and **liquids, an independent Safety Instrumented System (SIS) must be provided ； (IV) For the locations or facilities where **substances** are stored in major hazard sources, a video surveillance system shall be installed ； (5) The safety monitoring and control system complies with ** standards or industry standards. Article 14 The individual and societal risk values of major hazard sources determined through quantitative risk assessment shall not exceed the permissible limits for individual and societal risks specified in Annex 2 to these Regulations. Where the levels exceed the acceptable risk thresholds for individuals and society, **the chemical manufacturer or user must take appropriate measures to reduce the risks. Article 15 **Chemical enterprises shall, in accordance with relevant regulations, regularly test and inspect the safety facilities and safety monitoring and control systems for major hazard sources, as well as carry out regular maintenance to ensure the effective and reliable operation of such facilities and systems.** Records shall be kept of maintenance, upkeep, and inspections, and signed by relevant personnel. Article 16 **Chemical enterprises shall designate responsible persons or responsible departments for the key equipment and critical areas within major hazard sources, and conduct regular inspections of the safety production conditions of such hazard sources, taking timely measures to eliminate potential accident risks. If potential accident hazards cannot be eliminated immediately, a remediation plan should be formulated promptly, with clear measures for rectification, assigned responsibilities, allocated funds, set deadlines, and established contingency plans. Article 17 **Chemical enterprises shall provide safety operation training for the personnel in charge of the management and operation of major hazard sources, so that they understand the hazardous characteristics of such sources, are familiar with the safety management regulations and safety operation procedures related to them, and master the safety operation skills and emergency response measures required for their positions. Article 18 **Chemical enterprises shall post prominent safety warning signs at locations where major hazard sources are situated, indicating the emergency response measures to be taken in case of an emergency. Article 19 **Chemical enterprises shall, in an appropriate manner, inform the entities, areas, and individuals that may be affected of information such as the possible consequences of accidents at major hazard sources and the emergency response measures. Article 20 **Chemical enterprises shall, in accordance with the law, formulate emergency response plans for accidents involving major hazard sources, establish emergency rescue organizations or assign emergency rescue personnel, provide necessary protective equipment as well as emergency rescue tools, equipment, and supplies, and ensure that these are in good condition and readily available for use ； Cooperate with the local people’s **work safety supervision and management department** to formulate an **emergency response plan for chemical accidents** applicable to the unit in the respective region. For major hazard sources where inhalable toxic and harmful gases are present, **chemical handling facilities must be equipped with emergency equipment such as portable concentration detection devices, air respirators, chemical protective suits, and leak sealing gear** ； For major hazard sources involving **gases, two or more sets (including this set) of airtight chemical protective suits must also be provided** ； For major hazard sources involving flammable and explosive gases or vapors of flammable liquids, a certain number of portable combustible gas detection devices must also be provided. Article 21 **Chemical enterprises shall formulate plans for conducting drills on emergency response plans for major hazard incidents, and carry out such drills in accordance with the following requirements: (1) For the specialized emergency response plans related to major hazards, drills shall be conducted at least once a year ； (II) The on-site disposal plan for major hazard sources shall be carried out at least once every six months. After the emergency plan drill is completed, **the chemical handling facility should evaluate the effectiveness of the drill, prepare an assessment report on it, analyze any existing problems, propose revisions to the emergency plan, and make the necessary adjustments promptly. Article 22 **Chemical enterprises shall promptly register and file, on a item-by-item basis, the major hazard sources that have been identified and confirmed. The file for major hazard sources shall include the following documents and materials: (1) Records of identification and classification ； (II) Table of basic characteristics of major hazard sources ； (III) Safety Data Sheets for all chemicals involved ； (IV) Regional location map, floor plan, process flow diagram, and list of main equipment ； (5) Rules and regulations for the safety management of major hazard sources and safe operating procedures ； (VI) Description of safety monitoring and control systems and measures, as well as test and inspection results ； (7) Emergency response plan for major hazard source accidents, review comments, drill plans, and assessment reports ； (8) Safety assessment report or safety evaluation report ； (IX) Names of the persons in charge and responsible organizations for key devices and critical areas of major hazard sources ； (10) Installation of safety warning signs at sites with major hazard sources ； (11) Other documents and materials. Article 23: **Within 15 days after completing the safety assessment report or evaluation report for major hazard sources, chemical enterprises shall fill out the application form for registration of major hazard sources and submit it, along with the documentation related to major hazard sources as stipulated in Article 22 of these Regulations (for the documents specified in Item 5 of Paragraph 2, only a list thereof needs to be provided), to the county-level people’s government department responsible for work safety supervision and management at their location for record-keeping.** The work safety supervision and management departments at the county level shall submit, on a quarterly basis, the registration documents related to Class 1 and Class 2 major hazard sources within their jurisdiction to the work safety supervision and management departments at the city level. The work safety supervision and management departments of cities at the district level shall submit, every six months, the documentation related to the major hazard sources of grade 1 within their jurisdictions to the provincial work safety supervision and management departments. If a major hazard source falls under any of the circumstances listed in Article 11 of these regulations, the chemical-related enterprise shall promptly update its records and submit them again to the work safety supervision and management department at the county level where it is located. Article 24: When **chemical enterprises construct, renovate, or expand** chemical construction projects, they must complete the identification, safety assessment, classification, registration, and documentation of major hazard sources prior to the completion and acceptance of the construction project. Such information shall then be filed with the county-level people’s **work safety supervision and administration department** where the enterprise is located. Chapter 4: Supervision and Inspection Article 25: The county-level people’s government departments responsible for work safety supervision and management shall establish and improve the management system for major hazards related to hazardous chemicals, designate responsible personnel, and strengthen documentation and archiving. Article 26: Before January 15 each year, the work safety supervision and management departments of county-level people’s governments shall submit to the work safety supervision and management departments of city-level people’s governments a summary of information regarding major hazard sources in their respective jurisdictions for the previous year. The municipal people’s government work departments for work safety in cities with districts shall, by January 31 each year, submit to the provincial people’s government work department for work safety a summary of information regarding major hazard sources within their jurisdiction from the preceding year. The provincial people’s **work safety supervision and management departments shall, by February 15 of each year, submit a summary of the major hazard sources in their respective jurisdictions from the previous year to the **Work Safety Supervision and Management Administration. Article 27 Where a major hazard source ceases to be a major hazard source as a result of a safety evaluation or safety assessment, the chemical enterprise shall apply to the work safety supervision and management department of the county-level people’s government where it is located for cancellation. To apply for the cancellation of a major hazard source, the following documents and materials shall be submitted: (1) an application stating the reasons for cancellation ； (II) Name of the entity, legal representative, address, contact person, and contact information ； (III) Safety assessment report or safety evaluation report. Article 28: The county-level people’s government department responsible for work safety supervision and management shall, within 30 days from the date of receiving the documents and materials submitted for cancellation, conduct a review. If the conditions are met, it shall approve the cancellation and issue a certification document ； If the conditions are not met, the reasons shall be explained and the applying unit shall be notified in writing. If necessary, the county-level people’s **work safety supervision and management department shall engage relevant experts to conduct on-site inspections. Article 29: The work safety supervision and management departments at the county level shall submit, on a quarterly basis, the verification documents related to Class I and Class II major hazard sources within their jurisdiction to the work safety supervision and management departments at the city level. The municipal people’s government work departments for work safety in cities with districts shall submit, every six months, the cancellation documentation pertaining to first-level major hazard sources within their jurisdiction to the provincial people’s government work department for work safety. Article 30 The work safety supervision and management departments of local people’s governments at or above the county level shall strengthen supervision and inspection over chemical enterprises with major hazard sources, and urge such enterprises to carry out the identification, safety assessment and classification, registration and documentation, filing, monitoring and surveillance, formulation of emergency response plans, cancellation procedures, and overall safety management related to major hazard sources. The initial inspection and supervision of major hazard sources shall include the following main aspects: (1) the operating status of the major hazard sources, as well as the establishment and implementation of safety management regulations and safety operation procedures ； (II) Identification, classification, safety assessment, registration and filing of major hazard sources ； (III) Monitoring and control of major hazard sources ； (IV) Inspection, testing, and maintenance of safety facilities and safety monitoring systems for major hazard sources ； (5) Preparation, review, filing, revision, and drill implementation of emergency response plans for major hazard source accidents ； (VI) Information on safety training and education for employees ； (VII) Installation status of safety signs ； (8) Provision of emergency rescue equipment, apparatus, and supplies ； (IX) Implementation of measures for accident prevention and control. If the work safety supervision and management department discovers potential accident hazards associated with major hazard sources during its inspections, it shall order that such hazards be eliminated immediately ； If safety cannot be ensured before or during the elimination of major accident hazards, workers must be ordered to evacuate the hazardous area, and the operation must be suspended temporarily or the use stopped ； Only after the major accident hazards have been eliminated, and with the approval of the work safety supervision and management department, can production, operation, and use be resumed. Article 31: The work safety supervision and management departments at the county level and above shall, in conjunction with the relevant departments of the local people’s government at the same level, strengthen supervision and inspection of areas where major hazard sources are concentrated, such as industrial (chemical) parks, to ensure that an appropriate safety distance is maintained between these major hazard sources and important targets and sensitive locations such as surrounding units, residential areas, and crowded places. Chapter 5 Legal Liability Article 32 **If a chemical enterprise commits any of the following acts, the work safety supervision and management department at or above the county level shall order it to make corrections within a specified time limit, and may impose a fine of up to 100,000 yuan ； If the violation is not corrected within the prescribed time, the entity shall be ordered to suspend operations for rectification, and shall also be fined between 100,000 yuan and 200,000 yuan; the persons in charge who are directly responsible as well as other individuals directly liable for the violation shall be fined between 20,000 yuan and 50,000 yuan ； If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law: (1) Failing to conduct a safety assessment or safety evaluation of major hazard sources as required by these provisions ； (II) Failing to register and file records for major hazard sources in accordance with the requirements of these provisions ； (III) Failing to carry out safety monitoring and control of major hazard sources in accordance with the provisions of these regulations and relevant standards ； (IV) Failure to formulate an emergency response plan for accidents involving major hazard sources. Article 33 **If a chemical enterprise commits any of the following acts, the work safety supervision and management department at or above the county level shall order it to make corrections within a specified time limit, and may impose a fine of up to 50,000 yuan ； If the violation is not corrected within the prescribed time, a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed; fines of not less than 10,000 yuan but not more than 20,000 yuan shall be imposed on the persons in charge who are directly responsible and other persons directly liable for the violation ； In cases of serious circumstances, orders shall be issued to suspend operations for rectification ； If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law: (1) Failing to install obvious safety warning signs in places that constitute major hazard sources ； (II) Failing to conduct regular inspections and tests on the equipment and facilities within major hazard sources. Article 34 **If a chemical enterprise falls under any of the following circumstances, the work safety supervision and management department at or above the county level shall issue a warning to it, and may also impose a fine of not less than 5,000 yuan but not more than 30,000 yuan: (1) Failing to identify major hazard sources in accordance with the standards** ； (II) Failing to designate the persons in charge or the responsible entities for the key devices and critical areas among the major hazard sources as specified in these regulations ； (III) Failing to establish an emergency rescue organization or assign emergency rescue personnel in accordance with these provisions, as well as failing to provide the necessary protective equipment, apparatus, and supplies, and to ensure that they are in good condition ； (IV) Failing to register or cancel major hazard sources in accordance with these provisions ； (5) Failing to inform the units, areas, and individuals that may be affected about the possible accident consequences resulting from major hazard sources, as well as emergency response measures, etc ； (6) Failing to conduct emergency response drills for major hazard source accidents in accordance with the requirements of these regulations. Article 35 **If a chemical enterprise fails to conduct regular inspections of the safety production conditions of major hazard sources in accordance with these regulations, and fails to take measures to eliminate potential accident risks, it shall be ordered to do so immediately or within a specified time limit ； **If a chemical enterprise fails to comply, it shall be ordered to suspend production and operations for rectification, and shall also be fined not less than 100,000 yuan but not more than 200,000 yuan; the persons in charge who are directly responsible for this situation and other persons directly liable shall be fined not less than 20,000 yuan but not more than 50,000 yuan. Article 36: Institutions that are responsible for testing, inspection, and safety assessment and issue false certificates shall have their illegal gains confiscated ； If the illegal gains amount to 100,000 yuan or more, a fine of not less than twice but not more than five times the amount of such illegal gains shall be imposed in addition ； If there are no illegal gains, or the illegal gains amount to less than 100,000 yuan, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed, either alone or in addition to other penalties ； Fines of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed on the supervisors who are directly responsible for it and other persons who bear direct responsibility ； Those who cause damage to others shall bear joint and several liability for compensation together with the **chemicals entity** ； If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law. For institutions that commit the illegal acts mentioned in the preceding paragraph, their corresponding qualifications shall be revoked in accordance with the law. Chapter 6 Supplementary Provisions Article 37 These provisions shall come into force as of December 1, 2011. Attachments: 1. **Method for Classifying Major Hazardous Sources of Chemicals; 2. Acceptable Risk Standards. Interpretation of the Regulations on the Supervision and Management of Major Hazardous Sources of Chemicals (PPT)**