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Shanghai Municipality Measures for the Safe Management of Hazardous Chemicals

2016-11-05View Original

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Measures for the Safe Management of Hazardous Chemicals in Shanghai The \"Measures for the Safe Management of Hazardous Chemicals in Shanghai\" were adopted at the 124th executive meeting of the municipal government on August 29, 2016; they are now hereby promulgated and shall come into effect on January 1, 2017.   Mayor Yang Xiong September 5, 2016 Measures for the Safe Management of Hazardous Chemicals in Shanghai (Promulgated by Order No. 44 of the People’s Government of Shanghai on September 5, 2016) Chapter I General Provisions Article 1 (Purpose and Basis) These measures are formulated in order to strengthen the safe management of hazardous chemicals, protect the lives and property of the people, and maintain public safety. They are based on relevant laws and regulations such as the Work Safety Law of the People’s Republic of China, the Regulations on the Safe Management of Hazardous Chemicals, and the Shanghai Work Safety Regulations, taking into account the actual conditions of this city.   Article 2 (Scope of Application) These Provisions shall apply to the production, operation, storage, transportation, and use of hazardous chemicals, as well as the disposal of waste hazardous chemicals within the administrative region of this city, along with the related safety supervision and management activities.   The types of hazardous chemicals are determined in accordance with the catalog published by **the relevant authorities.   This Measures shall not apply to the safety management of civil explosives, fireworks and firecrackers, radioactive materials, nuclear energy substances, and hazardous chemicals used in national defense research, science, and production. Where laws, regulations, and rules contain separate provisions regarding the safety management of monitored chemicals, pharmaceuticals classified as hazardous chemicals, pesticides, gases, etc., such provisions shall be followed.   Article 3 (Responsibilities of Entities) Entities that produce, operate, store, transport, use hazardous chemicals or dispose of waste hazardous chemicals (hereinafter collectively referred to as hazardous chemical entities) shall carry out activities related to hazardous chemicals in accordance with the requirements of relevant laws, regulations, rules and technical standards.   The person in charge of a hazardous chemicals entity shall formulate the entity’s safety management system and operating procedures for hazardous chemicals, ensure the effective implementation of all safety management measures, and be responsible for the safety of hazardous chemicals within the entity.   Article 4 (Responsibilities of Administrative Departments) The work safety supervision and management departments at the municipal and district levels (hereinafter referred to as work safety supervision departments) are responsible for the comprehensive supervision and management of the safety of hazardous chemicals within their respective administrative regions. They shall guide, coordinate, and supervise the relevant departments of the people’s governments at the same level as well as those at lower levels in fulfilling their responsibilities regarding the safety supervision and management of hazardous chemicals, and shall organize the implementation of these measures.   Departments such as those responsible for work safety supervision, public security, transportation, maritime affairs, quality and technical supervision, environmental protection, industry and commerce, postal services, railways, civil aviation, inspection and quarantine, which are mandated by law to carry out approval, penalty, and other supervisory functions regarding work safety related to hazardous chemicals (hereinafter collectively referred to as hazardous chemicals safety supervision departments), shall perform their corresponding duties in terms of hazardous chemicals safety supervision in accordance with their responsibilities.   The departments responsible for managing the industry or system should strengthen supervision, inspection, and guidance regarding the safe management of hazardous chemicals in the units that belong to that industry or system.   Other relevant administrative departments shall carry out the work related to the safe management of hazardous chemicals in accordance with their respective responsibilities.   Article 5 (Territorial Supervision) The people’s ** of the district shall strengthen leadership over the supervision and management of hazardous chemicals within its administrative jurisdiction, establish a coordination mechanism for such supervision and management, support and urge relevant departments to fulfill their duties in overseeing the safe production of hazardous chemicals in accordance with the law, and coordinate the resolution of major issues arising in the safety management of hazardous chemicals.   The people’s governments at the township level, sub-district offices, and management agencies of industrial parks shall, in accordance with their responsibilities, strengthen supervision and inspection over the safe management of hazardous chemicals within their jurisdictions, report any illegal activities or potential accident risks to the relevant departments, and assist those departments in carrying out supervision and management regarding the safety of hazardous chemicals.   Article 6 (Information Systems) The departments responsible for the safety supervision of hazardous chemicals, as well as those with management responsibilities over related industries and systems, shall strengthen the development of information systems for the supervision of hazardous chemicals within their respective departments, in order to achieve interconnection and interoperability of information.   Article 7 (Information Disclosure) The work safety supervision and management department shall, together with relevant departments, promptly publish through relevant media the laws, regulations, rules, and technical standards pertaining to the safe management of hazardous chemicals in ** and this municipality. It shall regularly disseminate knowledge related to the safety protection against hazardous chemicals, timely release information regarding the implementation of hazardous chemicals safety management measures in the municipality as well as details of any major accidents involving hazardous chemicals, and announce the telephone numbers for public supervision and reporting.   Article 8 (Emergency Response to Accidents) In the event of an accident involving hazardous chemicals, relevant departments and units shall, in accordance with the emergency response plan for such accidents, promptly organize and carry out rescue efforts to save the victims, control the spread of hazards, and eliminate the consequences of those hazards.   The municipal work safety supervision department shall, in accordance with the overall emergency response plan for sudden public incidents in the municipality, organize the formulation of an emergency response plan for hazardous chemical accidents in the municipality, and implement it after obtaining approval from the municipal people’s government.   Hazardous chemical units shall formulate their own emergency response plans for accidents, and file them with the work safety supervision department and other relevant authorities. Enterprises that produce or store hazardous chemicals, as well as those that use such chemicals in their production processes, shall organize accident emergency drills once every six months ; Other hazardous chemical units shall organize an accident emergency drill once a year. Hazardous chemicals handling entities are encouraged to enter into emergency management and rescue service agreements with units that possess specialized capabilities for rescuing in cases involving hazardous chemicals, in order to enhance their emergency response capabilities.   Safety production supervision departments and other relevant departments shall provide guidance and supervision on the formulation and drills of accident emergency plans for hazardous chemical enterprises.   The comprehensive emergency rescue teams of cities and districts are legally responsible for on-site rescue operations in cases of hazardous chemicals accidents. The safety supervision departments responsible for hazardous chemicals can, in accordance with their respective responsibilities, enhance their emergency rescue capabilities by means such as purchasing services, to serve as a supplementary force for emergency rescue operations related to hazardous chemicals.   Article 9 (Reports and Incentives) Any entity or individual who discovers any act in violation of the regulations on the safe management of hazardous chemicals shall have the right to report it to the work safety supervision department or other relevant departments.   If the report is verified to be true, the work safety supervision department or other relevant departments shall award a reward.   Article 10 (Association Organization) Relevant industry associations and societies are encouraged to carry out the following tasks: (1) Providing safety training, technical consultation, and guidance services to entities that handle hazardous chemicals ;   (II) Promote the application of advanced technologies for work safety ;   (III) Conduct monitoring and assessment of safety risks associated with hazardous chemicals in relevant fields ;   (IV) Study the technical challenges related to hazardous chemicals.   Chapter 2: Production, Storage, and Use of Hazardous Chemicals Article 11 (Planning for Production and Storage) This city implements comprehensive planning, rational layout, and strict control over the production and storage of hazardous chemicals.   The layout plan for the production and storage of hazardous chemicals in this city shall be formulated by the municipal economic and information technology department in conjunction with relevant departments such as those responsible for work safety supervision, planning, and land and resources; it shall be implemented after being approved by the municipal People’s **.   Article 12 (Production and usage enterprises and construction projects) Enterprises engaged in the production of hazardous chemicals, as well as chemical enterprises that use hazardous chemicals in their production processes and whose usage volume reaches the specified threshold, shall obtain the corresponding permits in accordance with the law.   Hazardous chemical construction projects must undergo safety review by the work safety supervision department in accordance with the law. **If there are separate provisions in this city regarding the safety review of hazardous chemical construction projects at ports, such provisions shall apply.   For construction projects that include the installation of hazardous chemical production units and storage facilities, the project owner shall entrust an institution with the appropriate qualifications and capabilities to carry out safety assessments and the design of safety facilities, and shall organize completion inspections in accordance with the law, preparing a written report for record-keeping.   Article 13 (Safety Systems and Personnel Allocation) Enterprises that produce or store hazardous chemicals, as well as those that use hazardous chemicals in their production processes, shall establish safety management systems and safety management organizations. They shall assign full-time safety management personnel to the production workshops and storage areas, and part-time safety management personnel to the work teams.   Workplace safety management personnel must possess the necessary knowledge and management capabilities related to workplace safety that are appropriate for the production and business activities carried out by their respective entities, and they must pass an assessment conducted by the competent hazardous chemicals safety regulatory authority.   Article 14 (Signs and Illustrations) Enterprises that produce or store hazardous chemicals, as well as those that use hazardous chemicals in their production processes, shall install signs and illustrations in the work areas to provide information on the layout of those areas, safety responsibilities, operating procedures, risks associated with the work, and emergency measures.   Article 15 (Safety Facilities, Equipment, and Devices) Enterprises that produce or store hazardous chemicals, as well as units that use such chemicals, shall, in accordance with relevant regulations and technical standards, install appropriate safety facilities, equipment, and devices for fire prevention, explosion prevention, lightning protection, poison prevention, static electricity prevention, monitoring, alarm, interlocking, etc. They shall also carry out regular maintenance, servicing, and testing of these facilities, equipment, and devices, and keep proper records thereof. Relevant records should be kept for more than 3 years.   Article 16 (Safety assessment and inspection of production installations, facilities, and equipment) Enterprises engaged in the production and storage of hazardous chemicals, as well as those using hazardous chemicals in their production processes, shall, in accordance with **relevant regulations**, periodically entrust safety assessment institutions with the appropriate qualifications to conduct safety assessments on their production installations and storage facilities. For the explosion-proof facilities and equipment in flammable and explosive areas, it is also necessary to commission a testing institution with the appropriate qualifications to conduct inspections every 3 years.   Enterprises that produce or store hazardous chemicals, as well as those that use such chemicals in their production processes, shall take corrective actions in a timely manner based on the results of safety assessments, and shall submit records of these assessments and the corrective actions taken to the local district safety supervision department for filing. Enterprises that store hazardous chemicals within the port area shall submit records of safety assessments and corrective actions to the transportation authorities for filing.   Article 17 (Management of Packaging and Containers) The packaging and containers for hazardous chemicals must pass inspection and testing by a professional institution with the appropriate qualifications.   Article 18 (Storage Management) Hazardous chemicals shall be stored in dedicated warehouses, dedicated sites, or dedicated storage rooms (hereinafter collectively referred to as dedicated warehouses), and shall be stored separately and in categories in accordance with the storage methods, quantities, and safety distances specified by relevant technical standards. It is prohibited to store hazardous chemicals together with incompatible substances.   Special warehouses for hazardous chemicals must meet the safety and fire protection requirements set out in relevant technical standards, be equipped with clear signage, and be managed by designated personnel. The entry and exit of hazardous chemicals must be verified and recorded, and regular inspections should be conducted.   Highly toxic chemicals should be stored separately in dedicated warehouses, with a system of two-person dual-locking, two-person handling for receipt and dispatch, and two-person responsibility for storage.   Article 19 (Informatization of Inventory Management) Enterprises that produce or store hazardous chemicals, enterprises that have obtained permits for the safe handling of such chemicals, as well as other entities that keep highly toxic chemicals or explosives, shall employ automatic identification techniques such as electronic tags to achieve dynamic management of information related to the inbound and outbound movement of hazardous chemicals.   The safety regulatory authorities for hazardous chemicals can obtain real-time information on the inventory of such chemicals, as well as data on their inbound and outbound movements, as required by regulatory needs.   Other hazardous chemicals enterprises are encouraged to utilize information technology to improve the level of safety management for such chemicals.   Article 20 (Management of Operations in Special Locations) When carrying out operations with hazardous chemicals in confined spaces or locations where toxic and harmful substances may be generated, the following provisions shall be complied with: (1) Develop a safe operation plan and an emergency response plan, which must be approved by the person in charge of the enterprise ;   (II) Adopt effective measures such as isolation, ventilation, and static electricity grounding, and conduct analysis and monitoring of the safety of the working environment ;   (III) Designate a specific person to provide unified command over on-site operations; the work shall be carried out by personnel with professional qualifications, and necessary communication and rescue equipment shall be provided ;   (4) Workers shall correctly use labor protection equipment that meets the **standards.   Hazardous chemical enterprises are encouraged to entrust professional technical service agencies and industry associations to carry out on-site safety management for hazardous operations such as work in confined spaces.   Article 21 (Supervision by user entities) The municipality establishes a reporting system for entities using hazardous chemicals, in accordance with the principles of hierarchical classification and local supervision.   Units that use hazardous chemicals, such as hospitals, schools, and research institutions (except those that have legally obtained permits for the safe handling of hazardous chemicals), shall establish safety management systems for hazardous chemicals. They must also report information such as the names, quantities, uses, and safety management measures related to the use of hazardous chemicals to the competent authorities in charge of health, education, science and technology, etc., on a quarterly basis. Other users of hazardous chemicals without a competent authority shall submit relevant information to the management agency of the industrial park or to the local township people’s government/** sub-district office.   When using chemicals whose hazards are not clear, it is necessary to enter information such as physical and chemical properties, protective measures, and emergency procedures into the information system of the local hazardous chemicals registration authority, in accordance with the requirements of the relevant safety data sheets, and to submit this information to the competent authorities.   The relevant competent authorities, industrial park management agencies, as well as township people’s governments and sub-district offices shall supervise, inspect, and provide guidance regarding the safe use of hazardous chemicals within their respective systems and jurisdictions.   Article 22 (Determination of safety requirements for product formulations) Enterprises that produce hazardous chemicals and those that use hazardous chemicals in their production processes shall, when determining or changing product formulations or production processes, organize professional technical personnel or entrust units with the appropriate qualifications and capabilities to conduct safety assessments, and establish safety operation procedures and emergency response plans.   Article 23 (Pipeline Safety) The entities responsible for hazardous chemical pipelines and those in charge of their operation and management shall install and improve safety signs and warning markers for the pipelines, ensure regular inspection, maintenance, repair, and renewal of these pipelines, as well as carry out daily inspections; any potential hazards identified must be addressed promptly, with corresponding records kept.   In cases where safety hazards arise due to pipes being occupied or insufficient safety distances, the district people’s government in question shall organize the township people’s governments, sub-district offices, and relevant administrative departments to handle such issues in accordance with the law.   When carrying out urban and rural planning and construction management, the municipal departments in charge of planning, land use, and construction should strengthen the protection of existing hazardous chemical pipelines.   Article 24 (Management of disposal of waste) The disposal of hazardous chemical waste, as well as its packaging and containers, shall be carried out in accordance with the Solid Waste Pollution Prevention and Control Law and **relevant regulations. The environmental protection authorities shall supervise the disposal process.   Hazardous chemical enterprises shall promptly dispose of waste hazardous chemicals as well as their packaging and containers. If it cannot be disposed of on one’s own, a professional entity with the appropriate qualifications should be commissioned to handle it ; The costs incurred shall be borne by the unit that generates the hazardous chemical waste.   The abandoned hazardous chemicals, as well as their packaging and containers, which are identified and seized by the relevant departments during administrative management activities, are disposed of by professional entities with the appropriate qualifications, commissioned by those departments that identified and seized them.   The abandoned hazardous chemicals, as well as their packaging and containers, submitted by the public are taken in by the public security authorities in accordance with the law, and specialized entities with the appropriate qualifications are entrusted to handle their disposal.   Chapter 3: Operation of Hazardous Chemicals Article 25 (Operating Permits) To establish an enterprise engaged in the operation of hazardous chemicals, it is necessary to meet the conditions stipulated by **, and an application for an operating permit must be submitted to the department responsible for work safety supervision.   If a hazardous chemicals business enterprise has two or more business locations, it shall obtain separate business licenses for each one.   Article 26 (Platform-based trading) The municipality promotes centralized trading of hazardous chemicals, and encourages producers and distributors of hazardous chemicals to conduct such transactions through an electronic trading platform for hazardous chemicals.   The electronic trading platform for hazardous chemicals shall have the function of collecting information on the trading, storage, and logistics of hazardous chemicals, and provide relevant information as required by the regulatory authorities responsible for hazardous chemicals safety.   Departments responsible for work safety supervision, transportation, public security, etc., should provide support for the development and operation of the electronic trading platform for hazardous chemicals, and utilize the information provided by this platform to enhance the level of safety supervision over hazardous chemicals.   Dangerous chemicals business enterprises without storage facilities that operate within electronic trading platforms for dangerous chemicals may apply for business licenses using simplified procedures such as notification and commitment.   Article 27 (Storage Management of Business Enterprises) Hazardous chemical business enterprises shall store hazardous chemicals in dedicated warehouses in accordance with the provisions of Article 18 of these Measures.   Companies that engage in the retail sale of hazardous chemicals may store small-scale civilian packages of such chemicals at their business locations, provided that the total amount does not exceed the **specified limit.   Article 28 (Gas stations and CNG filling stations for vehicles) Gas stations and CNG filling stations for vehicles shall be equipped with emergency shutoff and anti-static grounding devices. If the gas stations or CNG filling stations attached to transportation vehicles do not meet the requirements regarding fire safety distances and cannot be removed or relocated, technologies such as explosion prevention barriers and oil and gas recovery systems should be employed.   Article 29 (Purchase and Sale of Highly Toxic Chemicals, Explosives-Prone Chemicals, and Drugs-Prone Hazardous Chemicals) When a unit purchases highly toxic chemicals, it shall do so in accordance with the law, by presenting the corresponding licenses or by applying to the public security authorities for a purchase permit ; To purchase easily detonable hazardous chemicals, one must, in accordance with the law, present the relevant permit or a statement of legitimate purpose issued by one’s own organization ; Those who purchase hazardous chemicals that can be used to manufacture drugs must, in accordance with the law, have the corresponding permits and purchase receipts, or they must register with the local public security authorities prior to making the purchase.   Hazardous chemicals business enterprises shall not sell highly toxic chemicals, explosives-prone chemicals, or drugs-prone hazardous chemicals to entities that do not meet the conditions specified in the preceding paragraph, nor shall they sell highly toxic chemicals (with the exception of pesticides, rodenticides, and insecticides) and explosives-prone hazardous chemicals to individuals.   Hazardous chemicals trading enterprises and purchasing entities shall, after selling or purchasing highly toxic chemicals, explosives precursors, or precursor chemicals used in drug manufacturing, promptly enter information regarding the types, quantities, and destinations of such chemicals into the public security authorities’ supervision information system.   Chapter 4: Transportation of Hazardous Chemicals
Article 30 (Requirements for transportation entities)
Enterprises engaged in the road or waterway transportation of hazardous chemicals (including entities that use their own vehicles to transport hazardous chemicals for their own operations; the same hereinafter) must meet the conditions stipulated by ** and this municipality, as well as the specific requirements set forth in Articles 31 and 32 of these Measures. They must also apply to the transportation authorities to obtain the necessary qualifications.   Hazardous chemicals road transport enterprises from other provinces and municipalities that operate in Shanghai for the purpose of transporting hazardous chemicals must submit their enterprise qualification certificates, along with relevant supporting documents meeting the requirements stipulated in Articles 31 and 32 of these Measures, to the municipal transportation authorities for registration ; Those coming to Shanghai to engage in the transportation of hazardous chemicals must go through procedures such as vehicle inspections with the transportation authorities in accordance with the local regulations.   Article 31 (Vehicles) Hazardous chemicals road transportation enterprises shall possess specialized vehicles that meet relevant technical standards, be equipped with safety protection, environmental protection, and fire-fighting facilities and equipment, and shall display or spray warning signs in accordance with regulations.   Vehicles dedicated to the transportation of hazardous chemicals shall be equipped with on-board satellite positioning systems and connected to the national and local networking and monitoring platforms for key operating vehicles.   Enterprises engaged in the waterway transportation of hazardous chemicals shall have ships that meet the requirements regarding capacity, safety technologies, and equipment as stipulated by **.   Hazardous chemicals transport vessels that navigate, anchor, or operate in the navigable waters of this city must be equipped with an on-board satellite positioning system and a ship automatic identification system.   The equipment such as satellite positioning systems and ship automatic identification systems specified in this article shall meet the installation requirements set by the transportation and maritime authorities, and shall be included in the scope of regular inspections for specialized vehicles and ships.   Article 32 (Dedicated Parking Spaces) Hazardous chemicals road transportation enterprises shall have dedicated parking spaces that are appropriate to the scale of their operations. For the transportation of highly toxic chemicals and hazardous chemicals packaged in Category I as specified, corresponding dedicated parking areas shall also be designated, along with clear warning signs. No new parking facilities dedicated to hazardous chemicals shall be established within the city’s central area and new urban districts ; Those that have been established should be relocated in accordance with the plan.   Article 33 (Transportation Professionals) Drivers, crew members, loading and unloading supervisors, escorts, declarants, and container on-site inspectors engaged in the transportation of hazardous chemicals (hereinafter collectively referred to as transportation professionals) shall obtain the corresponding qualification certificates.   When a transportation professional changes employers, the new employer shall go through the formalities for the change with the transportation and maritime authorities.   Article 34 (Transportation Monitoring) Enterprises engaged in the road and waterway transportation of hazardous chemicals shall use satellite positioning systems or ship automatic identification systems to monitor such vehicles and ships throughout the entire transportation process, ensuring that they travel along designated routes and at specified times.   The transportation and maritime authorities shall, in accordance with their respective responsibilities, conduct supervision and inspections over the entire process of hazardous chemical transportation by such enterprises.   Article 35 (Shipper’s Responsibilities) The shipper of hazardous chemicals shall comply with the following provisions: (1) Verify the carrier’s qualification certificate or registration proof for transporting hazardous chemicals, and keep a copy of it together with the shipping documents ;   (II) Provide the carrier with the safety data sheet for the hazardous chemicals, and inform them in writing of the product name, quantity, hazard characteristics, emergency response measures, etc ;   (3) It is prohibited to conceal hazardous chemicals within ordinary goods, to underreport hazardous chemicals, or to falsely declare hazardous chemicals as ordinary goods for shipment.   Article 36 (Liabilities of the carrier) The carrier of hazardous chemicals shall comply with the following provisions: (1) Verify the manufacturer’s or operator’s licenses for handling hazardous chemicals, make copies of such licenses, and keep them together with the shipping documents; it is prohibited to transport hazardous chemicals for entities that do not possess the appropriate licenses ;   (II) Before loading, verify the name and quantity of the hazardous chemicals and inspect their packaging; hazardous chemicals with damaged packaging or packaging that does not meet the requirements shall not be transported ;   (III) Loading and unloading shall be carried out in accordance with **relevant regulations and technical standards; the specified load limits must not be exceeded when handling hazardous chemicals, and the requirements regarding segregation during loading must also be observed ;   (IV) Install unified safety warning signs in the designated locations on transport vehicles and ships, and display special signals as required ;   (5) The hazardous chemicals carried shall not be transferred to other entities or individuals without the appropriate qualifications for transportation ;   (VI) Comply with ** and other regulations regarding the safe transportation of hazardous chemicals in this city.   Article 37 (Responsibilities of Transportation Agency Operators) Transportation agency operators shall verify the permits for the production and operation of hazardous chemicals held by the shipper, as well as the qualifications required for transporting such chemicals held by the carrier. They shall make copies of these documents and keep them together with the shipping documents. They must not provide transportation agency services for entities that do not possess the necessary permits or qualifications. They shall not include hazardous chemicals among ordinary goods being shipped, nor shall they conceal the presence of hazardous chemicals or misrepresent them as ordinary goods.   Article 38 (Responsibilities of sending and receiving entities) When sending or receiving hazardous chemicals, entities dealing with such chemicals shall verify the operating licenses of the carrier’s vehicles or ships (including verification certificates for vehicles from other provinces or cities), as well as the qualification certificates of the professional personnel involved in the transportation, and keep copies of these documents along with the shipping documents. When receiving hazardous chemicals transported via road from other provinces and cities into Shanghai, it is also necessary to check the records of inspections at the designated checkpoints; these records should be copied and kept together with the shipping documents.   When hazardous chemicals are sent or received by entities that handle such chemicals, if any of the following situations occur, corresponding safety measures must be taken immediately, and a report must be submitted to the authorities responsible for regulating hazardous chemicals: (1) If the transport vehicles or ships lack the necessary operating permits, or if the personnel involved in the transportation do not possess the required qualifications, a report must be made to the transportation or maritime authorities ;   (II) In the case of overloaded vehicles or ships, reports shall be submitted to the public security authorities and maritime authorities respectively ;   (III) If hazardous chemicals are concealed among ordinary goods, or if such chemicals are not properly declared and are falsely presented as ordinary goods for transportation, it is necessary to report the matter to the transportation or maritime authorities ;   (IV) For hazardous materials transport vehicles from other provinces and cities that enter this city without using the designated crossings, it is necessary to report to the public security authorities ;   (5) When sending hazardous chemicals by mail or courier, report to the postal administration authorities.   When hazardous chemical enterprises send or receive hazardous chemicals during import and export, and encounter any of the situations specified in the preceding paragraph, they shall also report to the inspection and quarantine authorities.   Article 39 (Notification and Declaration) When a hazardous chemicals entity purchases or sells hazardous chemicals to entities in other provinces or cities, with the transportation to be carried out by those entities, it shall provide written notice of the relevant regulations regarding the transportation management of hazardous chemicals in this city, and keep records of such written notices.   When hazardous materials companies purchase or sell flammable, explosive, or highly corrosive chemicals to provinces or cities other than their own, they must, 24 hours before the goods are delivered for transport, report to the public security authorities or maritime authorities information such as the name of the carrier, the type and quantity of hazardous materials, the starting and ending points of transportation, as well as the route and timing of the shipment.   Article 40 (Road Transport Routes and Times) The municipal public security department shall, in conjunction with departments responsible for work safety supervision, transportation, environmental protection, and other relevant agencies, determine the areas, roads, and times during which hazardous materials transport vehicles are prohibited from traveling in the city.   In cases where it is necessary to enter restricted areas or roads due to special circumstances such as the destination of transportation, it is required to report to the public security authorities in advance. The public security authorities will designate the route and timing for travel and issue a temporary permit for passage.   Article 41 (Road Transport under Special Circumstances) From June 15 to October 15 each year, road transport of hazardous chemicals such as those that are flammable or explosive is prohibited between 10 a.m. and 4 p.m.   In the event of catastrophic weather conditions, or during major city-wide sporting events, performances, exhibitions, and other significant activities, the municipal public security department may, in conjunction with relevant departments such as those responsible for work safety and transportation, issue announcements prohibiting the temporary transport on roads of hazardous chemicals such as those that are flammable or explosive.   The types of hazardous chemicals that are flammable, explosive, etc., as specified in this article shall be determined by the municipal work safety supervision department in conjunction with the municipal public security and transportation departments, announced to the public, and adjusted from time to time according to the actual conditions of the city.   Article 42 (Road Transport of Highly Toxic Chemicals) When transporting highly toxic chemicals by road, the shipper shall, in accordance with **relevant regulations, apply to the public security authorities for a permit for the road transport of such chemicals. The carrier shall transport in accordance with the vehicle, driver, escort personnel, name of the cargo, quantity loaded, as well as the designated route, time, and speed specified in the transportation permit.   Article 43 (Crossing Inspections) Vehicles transporting hazardous chemicals entering or leaving this city must pass inspection at designated crossings.   The crossing inspection officers of the transportation department shall check the vehicle’s operating permits and the qualification certificates of the transportation professionals, and affix a verification stamp to the transport documents or issue other verification certificates ; The crossing inspection officers from the public security department shall check the loading condition of vehicles and inform them of the areas, roads, and times when travel is prohibited in the city.   Vehicles that fail to install unified safety warning signs as required or that are carrying hazardous chemicals in excess of the allowed limits shall be dealt with in accordance with the law under the leadership of the public security authorities ; Vehicles without operating permits or other valid certificates, as well as those that transport hazardous chemicals in excess of permitted limits, conceal them, or provide false information regarding them, shall be dealt with in accordance with the law under the leadership of the transportation authorities.   The designated level crossings specified in this article shall be determined by the municipal work safety supervision department in conjunction with relevant departments such as the municipal transportation and public security departments.   Article 44 (Ship Carriage and Navigation Management) Ships carrying hazardous chemicals shall comply with relevant safety technical specifications regarding the stowage and isolation of such chemicals.   Bulk liquid chemical ships that enter or leave the Huangpu River waters to transport flammable, explosive, and toxic chemicals must meet the requirements for Type II ships as specified** or adopt equivalent safety protection measures. If the carrier deems it necessary, it shall also take emergency preventive measures such as having auxiliary vessels on standby for protection, or request navigation and escorting services from the maritime authorities.   The maritime authorities can impose a total quantity control on ships transporting hazardous chemicals in the waters of this city.   Article 45 (Prohibitions and Restrictions on Waterway Transportation) The Huangpu River, inland waterways, and areas designated as drinking water source protection zones in this city prohibit the transportation of highly toxic chemicals, as well as other hazardous chemicals specified by ** and this city. The list of hazardous chemicals prohibited from being transported through the aforementioned waters, as stipulated by this city, is determined and published by the city’s transportation department in conjunction with the maritime and environmental protection departments.   In the event of severe weather conditions or major events such as city-wide sports competitions, performances, or exhibitions, the maritime authorities may issue announcements prohibiting or restricting oil tankers and bulk ships carrying flammable, explosive, or toxic chemicals from sailing in the waters of the Huangpu River.   The maritime authorities can impose restrictions on the navigation of ships carrying hazardous chemicals at night in the waters upstream of the Yangpu Bridge on the Huangpu River.   The scope of the waters specified in the preceding paragraph shall be determined by the maritime authorities in conjunction with the municipal transportation department.   Article 46 (Entry, Exit, and Operations at Ports) Ships carrying hazardous chemicals into or out of port areas and docks shall go through the necessary declaration procedures with the maritime authorities in accordance with **relevant regulations.   Those engaged in port operations involving hazardous chemicals must obtain the necessary qualifications in accordance with **relevant regulations**, and shall complete the reporting procedures with the transportation authorities.   Article 47 (Provisions on the Transport of Hazardous Goods) Enterprises that transport hazardous goods by road or water shall, in addition to transporting such goods via road or water, also comply with the relevant regulations on the transport of hazardous goods issued by ** and this municipality.   Article 48 (Management of Railways, Civil Aviation, and Postal Services) The transportation of hazardous chemicals by rail or civil aviation shall be carried out in accordance with **relevant regulations.   No unit or individual shall mail hazardous chemicals.   Chapter 5: Concentrated Areas for Hazardous Chemicals Article 49 (Concentrated Areas) Except for gas stations and fueling stations located on transportation vehicles, as well as hazardous chemical-related construction projects in ports, new, renovated, or expanded hazardous chemical construction projects in this city shall be carried out within industrial parks or other specialized areas (hereinafter collectively referred to as concentrated areas for hazardous chemicals), in accordance with the city’s planning for the production and storage of hazardous chemicals.   Production facilities and storage installations of existing hazardous chemicals manufacturing enterprises and warehousing enterprises that are not located in designated hazardous chemicals areas shall be gradually relocated to such areas in accordance with the city’s industrial development policies.   Due to special reasons such as industrial support needs, if it is truly necessary to construct a hazardous chemicals facility outside designated areas for such facilities, the people’s government of the relevant district shall hold hearings to hear the opinions of local residents and businesses, and organize experts to conduct assessments; if it is determined that this can reduce overall risks, construction may proceed in accordance with the law.   Article 50 (Daily Management) The management agency for centralized areas handling hazardous chemicals shall strengthen the daily supervision and management of work safety, guide enterprises to fulfill their primary responsibilities in this regard, support enterprises within the area in cooperating with professional technical service agencies to enhance work safety, and coordinate the resolution of work safety issues among these enterprises.   Article 51 (Comprehensive Safety Risk Assessment) The management agency of areas where hazardous chemicals are concentrated shall entrust a safety assessment agency to conduct a comprehensive safety risk assessment every 5 years, determine the safe capacity, implement total quantity control, and reduce regional risks.   Article 52 (Delegation of Law Enforcement) The work safety supervision department may, in accordance with the law, delegate to the management agencies of areas where hazardous chemicals are concentrated the authority to grant relevant administrative permits and impose administrative penalties related to the safety supervision of hazardous chemicals.   Chapter 6 Supervision and Management Article 53 (Catalogue Management) This Municipality implements a catalogue management system for hazardous chemicals. The municipal work safety supervision department shall, in conjunction with departments such as the municipal development and reform, economic informatization, public security, transportation, environmental protection, and planning and land resources, prepare a catalog of prohibitions, restrictions, and control measures regarding hazardous chemicals in the city. This catalog shall specify the types of hazardous chemicals that are produced, stored, used, and transported in different areas of the city, as well as the relevant management measures; it shall be published to the public after approval by the municipal authorities and adjusted as appropriate over time.   Departments such as those responsible for land and resources planning and development and reform shall comply with the provisions of the catalog of prohibitions, restrictions, and control measures for hazardous chemicals when carrying out planning for construction projects and approving investments.   Hazardous chemical enterprises shall comply with the list of prohibitions, restrictions, and control measures for hazardous chemicals when carrying out activities related to the production and operation of such chemicals.   Article 54 (Construction and maintenance of information exchange platforms) The departments responsible for the safety supervision of hazardous chemicals, as well as those with management responsibilities over relevant industries and systems, shall promptly enter into their respective supervision information systems all information pertaining to the production, operation, storage, use, transportation, and disposal of hazardous chemicals that they obtain during routine supervision.   Relying on the government data resource management platform, the city has established an information exchange platform for the supervision of hazardous chemicals, thereby enabling interconnection and interoperability among the supervision information systems of various departments. The municipal work safety supervision department shall strengthen the comprehensive coordination of the construction of the supervision information exchange platform for hazardous chemicals. The municipal economic and information technology department should provide stronger informational technology support for the development of a supervision information exchange platform for hazardous chemicals.   Article 55 (Supervision and Inspection) The departments responsible for the safety supervision of hazardous chemicals, the departments with management responsibilities for specific industries or systems, as well as the people’s governments at the township level, sub-district offices, and the management agencies of industrial parks shall, in accordance with the principles of hierarchical classification and focus on key areas, formulate annual supervision and inspection plans for hazardous chemicals, and carry out supervision and inspections in line with the targets, scope, and methods specified in these plans.   Regarding the safety assessment reports and rectification status submitted for the record by enterprises engaged in the production and storage of hazardous chemicals, as well as those using hazardous chemicals in their production processes, in accordance with Article 16 of these Measures, the work safety supervision authorities and transportation departments shall conduct spot checks on such registered entities each year, with the sampling rate being no less than 30% of the total number of registered entities for that year.   Article 56 (Professional Technical Service Institutions) The departments responsible for the safety supervision of hazardous chemicals, as well as township people’s governments, sub-district offices, and management agencies of industrial parks, may engage professional technical service institutions with the appropriate qualifications and capabilities to analyze and assess technical issues and daily monitoring data. Based on the professional reports issued by such institutions, they shall carry out their supervision and management duties in accordance with the law. Professional technical service agencies shall bear legal responsibility for the professional reports they issue in accordance with the law.   The costs associated with hiring professional technical service agencies to prepare professional reports and conduct evaluations are included in the financial budget.   Article 57 (Information Disclosure and Joint Sanctions) The authorities responsible for overseeing the safety of hazardous chemicals shall disclose, in accordance with the law, information such as administrative penalties imposed on entities dealing with hazardous chemicals and relevant responsible persons, as well as cases where they were held accountable for accidents. Such information shall also be included in the city’s public credit information platform.   If a hazardous chemicals facility commits serious violations or has a history of multiple violations, the regulatory authority responsible for hazardous chemicals safety should increase the frequency of inspections ; The relevant administrative authorities impose restrictions in accordance with the law in areas such as procurement, project bidding, and the conferment of honors.   Article 58 (System linking work-related injury insurance rates) This city shall establish and improve a system that links the work-related injury insurance rates for entities handling hazardous chemicals to the incidence of work safety accidents in those enterprises as well as their compliance with work safety standards; the specific measures shall be formulated by the municipal department of human resources and social security in conjunction with other departments responsible for work safety supervision.   Chapter 7 Legal Responsibilities Article 59 (Administrative Responsibilities) If the relevant administrative departments and their staff commit any of the following acts in the course of performing their duties regarding the safety supervision and management of hazardous chemicals, the directly responsible supervisors and other directly responsible persons shall be given a warning or a record of demerit ; In cases of more serious misconduct, a severe reprimand or demotion shall be imposed ; In cases of serious circumstances, dismissal shall be imposed: (1) Failing to carry out supervision and inspections in accordance with the annual supervision and inspection plan ;   (II) Exceeding or abusing statutory authority ;   (III) Failing to report, giving false reports on, or delaying the reporting of hazardous chemical accidents.   If an accident involving hazardous chemicals is directly caused by the acts specified in the preceding paragraph, the directly responsible supervisors and other persons directly liable shall be given sanctions of reprimand or severe reprimand ; In more serious cases, demotion or dismissal shall be imposed ; In serious cases, dismissal shall be imposed.   Article 60 (Penalties for violations of construction regulations) If a construction entity violates the provisions of Paragraph 3, Article 12 of these measures by failing to entrust an institution with the appropriate qualifications and capabilities to conduct safety assessments and design safety facilities for construction projects involving the installation of hazardous chemical production units and storage facilities, or by failing to organize completion inspections in accordance with the law, the work safety supervision department shall order it to make corrections and may impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.   Article 61 (Penalties for illegal production, storage, and use) Where enterprises engaged in the production and storage of hazardous chemicals, or units using hazardous chemicals, violate the provisions of Articles 14 and 20 of these Measures and fall under any of the following circumstances, the work safety regulatory authorities and transportation departments shall, according to their respective duties, order them to make corrections and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan: (1) Failing to post signs and diagrams at workplaces as required ;   (II) Performing operations involving hazardous chemicals in confined spaces or locations where toxic and harmful substances may be generated, without taking prescribed safety management measures.   Enterprises that produce or store hazardous chemicals, as well as those that use hazardous chemicals in their production processes, and fail to assign safety management personnel to the production workshops, storage areas, and work teams in accordance with Article 13 of these regulations, shall be ordered to make corrections by the safety supervision departments and transportation authorities, in accordance with their respective responsibilities, and shall be fined between 5,000 yuan and 20,000 yuan.   Article 62 (Penalties for violations of regulations on information-based management of inbound and outbound shipments) Enterprises that produce or store hazardous chemicals, enterprises that have obtained permits for the safe handling of such chemicals, as well as other entities that store highly toxic chemicals or explosives-prone hazardous chemicals, which fail to utilize automatic identification techniques such as electronic tags in accordance with Article 19 of these regulations, shall be ordered to make corrections by the departments responsible for work safety supervision, public security, and transportation, in accordance with their respective responsibilities. They may also be fined between 10,000 yuan and 50,000 yuan.   Article 63 (Penalties for failure to submit information on the use of hazardous chemicals as required) If a unit that uses hazardous chemicals violates the provisions of Article 21 of these measures by failing to submit relevant information on such chemicals in a timely manner, the competent authorities shall, in accordance with their respective responsibilities, order it to make corrections and may impose a fine of not less than 10,000 yuan but not more than 50,000 yuan.   Article 64 (Penalties for violating the provisions on determining product formulas) Enterprises that produce hazardous chemicals or those that use hazardous chemicals in production, and which violate the provisions of Article 22 of these measures by failing to conduct safety assessments when determining or changing product formulas or production processes, or by failing to establish safety operating procedures and emergency response plans, shall be ordered by the work safety supervision department to make corrections; they may also be fined between 10,000 yuan and 50,000 yuan.   Article 65 (Penalties for illegal operations) Where gas stations or refueling stations for transport vehicles fail to install emergency shut-off devices and anti-static grounding devices as required under Article 28 of these Measures, or fail to adopt explosion-proof isolation and oil vapor recovery technologies as prescribed, the work safety regulatory authorities and gas management authorities shall, according to their respective duties, order corrections and impose a fine ranging from 20,000 yuan to 100,000 yuan.   If hazardous chemical businesses and purchasing entities violate the provisions of Paragraph 3, Article 29 of these measures by failing to enter information on the sale or purchase of highly toxic chemicals, as well as chemicals that can be easily used to manufacture explosives or drugs, into the supervision information system of the public security authorities in real time, the public security authorities shall order them to make corrections and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan.   Article 66 (Penalties for violations of regulations regarding changes in employment registration and transport monitoring) Where enterprises engaged in the road or waterway transport of hazardous chemicals violate the provisions of Paragraph 2, Article 33 of these Measures by failing to complete the necessary procedures for changing the employment status of transport professionals who have switched to other employers, the transportation and maritime authorities shall, according to their respective responsibilities, order them to make corrections and impose a fine ranging from 1,000 yuan to 5,000 yuan.   Where enterprises engaged in the road or waterway transport of hazardous chemicals violate the provisions of Article 34 of these Measures by failing to install satellite positioning systems or automatic ship identification systems to monitor the entire transportation process of vehicles or ships carrying hazardous chemicals, the transportation and maritime authorities shall, according to their respective duties, order them to make corrections and impose a fine ranging from 20,000 yuan to 200,000 yuan.   Article 67 (Penalties for violations of regulations regarding shipment, carriage, dispatch, and receipt) Where a unit dealing with hazardous chemicals violates the provisions of Articles 35 and 38 of these measures and falls under any of the following circumstances, the transportation, maritime, postal, and inspection and quarantine authorities shall, in accordance with their respective responsibilities, order it to make corrections and may impose a fine of not less than 10,000 yuan but not more than 50,000 yuan: (1) The shipper fails to verify the carrier’s qualifications for transporting hazardous chemicals or its registration certificate as required, and fails to keep a copy of such certificate along with the shipping documents ;   (II) When sending or receiving hazardous chemicals, hazardous chemical handling units fail to check the operating licenses of the transport vehicles or ships, or the qualification certificates of the professional transport personnel, and instead keep only copies along with the shipping documents ;   (III) When receiving hazardous chemicals transported by road from other provinces and cities, the entities responsible for receiving such chemicals fail to verify the records of inspections conducted at the designated checkpoints as required, and instead keep only copies of those records along with the shipping documents ;   (IV) When hazardous chemical entities send or receive hazardous chemicals, they fail to take appropriate measures to address any illegal activities detected immediately or to report them to the relevant authorities.   If a unit that handles hazardous chemicals purchases or sells such chemicals to provinces or cities other than its own, fails to provide written notice of the relevant regulations regarding the transportation of hazardous chemicals in this city in accordance with the provisions of Paragraph 1, Article 39 of these measures, and fails to keep records of such notices, the transportation and maritime authorities shall, in accordance with their respective responsibilities, order it to make corrections and may impose a fine of not less than 1,000 yuan but not more than 5,000 yuan.   If a unit dealing with hazardous chemicals purchases or sells flammable, explosive, or highly corrosive chemicals from other provinces or cities without submitting a prior report on the relevant transportation arrangements as required by Paragraph 2 of Article 39 of these regulations, the public security authorities or maritime authorities shall, in accordance with their respective responsibilities, order it to make corrections and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.   Where a carrier violates the provisions of Item (5), Article 36 of these Measures by entrusting the transportation of hazardous chemicals it has undertaken to other entities or individuals lacking the requisite qualifications, the transportation and maritime authorities shall, in accordance with their respective duties, order it to make corrections and impose a fine ranging from 20,000 yuan to 100,000 yuan.   Article 68 (Penalties for violating prohibitions on road transport and regulations regarding designated crossing points) Where a road transport enterprise for hazardous chemicals violates the provisions of Articles 41 and 43 of these Measures and falls under any of the following circumstances, the public security authorities shall order it to make corrections and impose a fine ranging from 20,000 yuan to 100,000 yuan: (1) Violating the prohibitions on road transport under special circumstances ;   (II) Vehicles entering or leaving the city through undesignated grade crossings.   Article 69 (Penalties for violations of waterway transportation regulations) Where enterprises engaged in the waterway transportation of hazardous chemicals violate the provisions of Articles 44 and 45 of these Measures, and fall under any of the following circumstances, the maritime authority shall order them to make corrections and impose a fine ranging from 20,000 yuan to 100,000 yuan: (1) Bulk liquid chemical carriers transporting flammable, explosive, or toxic chemicals navigate in the waters of the Huangpu River without meeting the requirements for Type II vessels as stipulated ** or without implementing equivalent safety protection measures ;   (II) Oil tankers and bulk carriers transporting flammable, explosive, or toxic chemicals that violate prohibitions or restrictions on transportation during disastrous weather conditions, etc ;   (III) Those that violate the restrictions imposed by the maritime authorities regarding the navigation of ships carrying hazardous chemicals at night in the waters upstream of the Yangpu Bridge on the Huangpu River ;   (4) Failing to transport hazardous chemicals in accordance with the requirements for total quantity control of ships used for transporting hazardous chemicals.   Article 70 (Penalties for violating prohibitions, restrictions, and control measures) Where a hazardous chemicals entity violates the provisions of Paragraph 3, Article 53 of these Measures by failing to comply with the list of prohibitions, restrictions, and control measures applicable to hazardous chemicals in this city when carrying out production and business activities, the hazardous chemicals safety supervision department shall, in accordance with its assigned responsibilities, order it to make corrections and may impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.   Chapter 8 Supplementary Provisions Article 71 (Risk Deposit) In accordance with **relevant regulations**, this city implements a risk deposit system for entities that handle hazardous chemicals. Hazardous chemicals enterprises that purchase commercial safety liability insurance need not pay a risk deposit anymore.   The specific implementation measures for the risk deposit shall be formulated separately by the municipal work safety regulatory authority in conjunction with relevant departments, in accordance with **relevant regulations**.   Article 72 (Definitions) The meanings of the following terms used in these Measures are as follows: (1) Construction projects involving hazardous chemicals refer to construction projects for the production and storage of hazardous chemicals, as well as chemical industry construction projects that generate hazardous chemicals (excluding construction projects for long-distance pipelines transporting hazardous chemicals, and construction projects involving the accompanying construction of production facilities and storage installations for hazardous chemicals). These are fixed-asset investment projects that require approval, verification, or filing.   (II) Construction projects that involve the construction of facilities for the production and storage of hazardous chemicals refer to fixed-asset investment projects carried out by enterprises in the metallurgy, non-ferrous metals, building materials, machinery, light industry, textiles, tobacco, and trade sectors, aimed at producing and storing hazardous chemicals for use in their main business operations.   (III) Enterprises that use hazardous chemicals in production refer to those that use hazardous chemicals as raw materials to manufacture chemicals (other than hazardous chemicals).   (IV) An electronic trading platform for hazardous chemicals refers to a platform that facilitates the trading of hazardous chemicals based on modern information technologies (the Internet, the Internet of Things, e-commerce, etc.).   (5) Confined spaces refer to various types of towers, kettles, tanks, vats, furnaces, boiler drums, pipelines, containers, as well as basements, manholes, pits (pools), sewers, or other enclosed or semi-enclosed areas.   Article 73 (Effective Date and Repeal) These Provisions shall come into force as of January 1, 2017. The \"Shanghai Measures for the Safe Management of Hazardous Chemicals\", issued by Order No. 56 of the Shanghai People’s Government on February 16, 2006, was repealed simultaneously, along with the amendments made to it in accordance with the \"Decision of the Shanghai People’s Government on Amending 148 Municipal Regulations including the Interim Provisions on the Handling of Agricultural Machinery Accidents\", as announced by Order No. 52 of the Shanghai People’s Government on December 20, 2010.   Appendix: Division of Responsibilities among Relevant Departments for the Safe Management of Hazardous Chemicals in Shanghai Appendix Division of Responsibilities among Relevant Departments for the Safe Management of Hazardous Chemicals in Shanghai In accordance with laws, regulations, and rules such as the Work Safety Law of the People’s Republic of China, the Regulations on the Safe Management of Hazardous Chemicals, the Regulations on Work Safety Licenses, and the Measures for the Safe Management of Hazardous Chemicals in Shanghai, the main responsibilities of the relevant administrative departments for ensuring the safe management of hazardous chemicals are as follows: I. Shanghai Work Safety Supervision Bureau (1) Responsible for the overall supervision and management of hazardous chemical safety, as well as for guiding, coordinating, and supervising the relevant departments at the same level and those at lower levels in fulfilling their duties related to the safe management of hazardous chemicals.   (II) Responsible for the administrative licensing related to the production, use, and operation of hazardous chemicals.   Review and issue safety production licenses for hazardous chemicals ; Review and issue permits for the safe use of hazardous chemicals ; Review and issue licenses for the operation of hazardous chemicals ; Conduct safety reviews on construction projects for the production and storage of hazardous chemicals. Supervise and manage the aforementioned administrative licensing matters.   (III) Be responsible for the supervision and management of the production, use, and business operations of hazardous chemicals.   Organize the development of safety management standards for enterprises engaged in the production, use, and distribution of hazardous chemicals ; Supervise and manage the safety of the production and storage of highly toxic chemicals and other hazardous chemicals that pose significant risks ; Supervise and inspect the safety assessments and corrective actions regarding the production facilities and storage installations of enterprises that produce, use, or handle hazardous chemicals ; Conduct supervision and inspection on the testing and rectification of explosion-proof facilities and equipment in units that produce, use, or handle hazardous chemicals ; Conduct inspections on the safety production of enterprises involved in the production, use, and distribution of hazardous chemicals ; Organize and carry out special rectification efforts for the safety of hazardous chemicals ; Supervise and inspect the rectification of major accident hazards in the production, use, and handling of hazardous chemicals.   (IV) Determine, in conjunction with relevant departments, the designated crossings for hazardous chemicals transport vehicles to enter and leave the city.   (5) Issue information related to the safe management of hazardous chemicals in conjunction with relevant departments; promote knowledge on safety measures for handling hazardous chemicals ; Rewards are given to entities and individuals whose reports of violations in the safe management of hazardous chemicals prove to be accurate.   (VI) Be responsible for emergency rescue in case of hazardous chemical accidents, as well as related work on accident investigation and handling.   Organize the formulation of emergency response plans for hazardous chemical accidents, and implement them after obtaining approval from the municipal people’s ** ; Provide guidance and supervision on the development and testing of accident emergency response plans for hazardous chemical facilities ; Provide professional support teams, expert information, and technical assistance for emergency response to hazardous chemical accidents ; Investigate and handle accidents involving the production of hazardous chemicals.   II. Shanghai Public Security Bureau (1) Responsible for the administrative licensing tasks related to the public safety management of hazardous chemicals.   Review and issue purchase permits for highly toxic chemicals ; Review and issue permits for the road transport of highly toxic chemicals ; Conduct design reviews and inspections of fire protection facilities for new construction, renovation, and expansion projects of units dealing with hazardous chemicals such as those that are flammable or explosive. Supervise and manage the aforementioned administrative licensing matters.   (II) Responsible for the supervision and management of public safety related to hazardous chemicals.   Supervise and manage the safety of the production and storage of highly toxic chemicals and other hazardous chemicals that pose significant risks ; Work with relevant departments to determine the areas, roads, and times during which hazardous materials transport vehicles are prohibited from passing ; Together with relevant departments, issue announcements on temporary road bans on hazardous chemicals such as flammable and explosive substances under conditions like severe weather ; Inspect the loading and driving conditions of vehicles transporting hazardous chemicals, and work with relevant departments to take legal action against those vehicles that violate the regulations.   (III) Be responsible for emergency rescue operations in case of road transport accidents involving hazardous chemicals, as well as for the investigation and handling of such accidents.   Formulate and implement emergency response plans for road transport accidents involving hazardous chemicals ; Undertake on-site rescue operations for hazardous chemical accidents ; Investigate and handle accidents involving the road transport of hazardous chemicals, as well as incidents such as explosions and fires caused by hazardous chemicals that pose a threat to public safety.   III. Shanghai Municipal Transportation Commission (1) Responsible for the administrative licensing of road transportation of hazardous chemicals.   Conduct qualification assessment for enterprises engaged in the road transport of hazardous chemicals ; Assessing and certifying professionals involved in the road transport of hazardous chemicals ; Review and issue road transport business licenses, licenses for the transport of dangerous goods by road, and road transport permits. Supervise and manage the aforementioned administrative licensing matters.   (II) Be responsible for the supervision and management of road transportation activities involving hazardous chemicals.   Organize the development of safety management standards for enterprises engaged in the road transport of hazardous chemicals ; Formulate and implement relevant technical specifications for safety protection equipment of enterprises and vehicles engaged in the road transport of hazardous chemicals ; Conduct regular inspections of hazardous materials transport vehicles, as well as their onboard GPS systems and safety protection equipment ; Conduct supervision and inspection on the implementation of full-process transportation monitoring for hazardous chemicals transport enterprises through satellite positioning systems ; Responsible for establishing dedicated or designated lanes for vehicles transporting hazardous chemicals at highway tolls and checkpoints, conducting inspections of the relevant documents of such vehicles and their drivers at these designated points, and working with relevant authorities to take legal action against vehicles that violate the regulations ; Conduct supervision and inspection on the rectification of major accident hazards in enterprises engaged in the road transport of hazardous chemicals ; Handle procedures such as registration and vehicle inspections for enterprises from other provinces and cities that are based in Shanghai or come to Shanghai to engage in the transportation of hazardous chemicals.   (III) Participate in the emergency rescue and investigation of road transport accidents involving hazardous chemicals.   (IV) Responsible for the administrative licensing of port operations involving hazardous chemicals.   Conduct safety reviews on hazardous chemical construction projects within the port area ; Conduct qualification assessment for enterprises engaged in port operations with hazardous chemicals ; Approve reports on port operations involving hazardous chemicals ; Assess and certify personnel working at ports with hazardous chemicals. Supervise and manage the aforementioned administrative licensing matters.   (5) Be responsible for the relevant administrative licensing tasks related to the waterway transportation of hazardous chemicals.   Conduct qualification assessment for enterprises engaged in the waterway transportation of hazardous chemicals ; Review and issue operating licenses for ships transporting hazardous chemicals ; Assessing and certifying professionals involved in the waterway transportation of hazardous chemicals ; Inspect ships transporting hazardous chemicals. Supervise and manage the aforementioned administrative licensing matters.   (6) Be responsible for the supervision and management of port operations involving hazardous chemicals.   Responsible for the supervision and management of the safety of hazardous chemicals within the port area ; Organize the development of safety management standards for port operations involving hazardous chemicals ; Supervise and inspect the safety assessments and corrective actions taken at port facilities handling hazardous chemicals ; Supervise and manage the safety of major hazard sources in port enterprises handling hazardous chemicals ; Supervise and inspect the rectification of major accident hazards in port enterprises handling hazardous chemicals.   (7) Be responsible for the supervision and management of hazardous chemical transportation activities in the waters under its jurisdiction.   Implement total quantity control on ships transporting hazardous chemicals ; Conduct supervision and inspection on the implementation of full-process monitoring of the transportation of hazardous chemicals by waterway transport enterprises through satellite positioning systems ; Provide navigation or escort services for ships such as oil tankers that carry hazardous chemicals ; Issuing announcements prohibiting or restricting the navigation of oil tankers and bulk carriers carrying flammable and explosive chemicals under conditions such as severe weather ; Supervise and inspect the rectification of major accident hazards in enterprises engaged in the waterway transportation of hazardous chemicals.   (8) Formulate and implement emergency response plans for accidents occurring during the handling of hazardous chemicals at ports ; Formulate and implement emergency response plans for hazardous chemical transport accidents in the waters under jurisdiction ; Responsible for the investigation and handling of accidents related to port operations involving hazardous chemicals ; Responsible for investigating and handling accidents involving the transport of hazardous chemicals in the waters under its jurisdiction.   IV. Shanghai Maritime Safety Administration (1) Responsible for the administrative licensing related to the waterway transportation of hazardous chemicals.   Approve the entry and exit of ships transporting hazardous chemicals into Shanghai Port ; Review and issue registration certificates for ships transporting hazardous chemicals ; Assess and certify professionals involved in the waterway transportation of hazardous chemicals. Supervise and manage the aforementioned administrative licensing matters.   (II) Be responsible for the supervision and management of hazardous chemical transportation activities in the waters under its jurisdiction.   Implement total quantity control on ships transporting hazardous chemicals ; Monitor and inspect ships transporting hazardous chemicals ; Provide navigation or escort services for ships such as oil tankers that carry hazardous chemicals ; Issuing announcements prohibiting or restricting the navigation of oil tankers and bulk carriers carrying flammable and explosive chemicals under conditions such as severe weather ; Supervise and inspect the rectification of major hidden dangers related to ships transporting hazardous chemicals. Supervise and inspect the installation of satellite positioning systems and ship automatic identification systems in enterprises engaged in the waterway transportation of hazardous chemicals, as well as the implementation of comprehensive monitoring throughout the transportation process.   (III) Formulate and implement emergency response plans for hazardous chemical transport accidents in the waters under its jurisdiction ;   Responsible for investigating and handling accidents involving the transport of hazardous chemicals in the waters under its jurisdiction.   V. Shanghai Municipal Bureau of Quality and Technical Supervision (1) Conducts supervision and inspection on the product quality of hazardous chemicals as well as their packaging and containers (including tanks in transportation vehicles).   (II) Organize the formulation of relevant local standards for hazardous chemicals and their packaging and containers (including tanks on transport vehicles).   (III) Formulate and implement emergency response plans for accidents involving packaging and containers of hazardous chemicals (including tanks on transport vehicles) ; Responsible for investigating and handling safety accidents related to packaging and containers of hazardous chemicals (including tanks on transport vehicles).   VI. Shanghai Environmental Protection Bureau (1) Granting qualifications to entities responsible for the disposal of hazardous chemicals, as well as their packaging and containers ; Approve the environmental impact assessment for projects related to the production and storage of hazardous chemicals ; Conduct design reviews and acceptance inspections for environmental protection facilities in projects related to the production and storage of hazardous chemicals. Supervise and manage the aforementioned administrative licensing matters.   (II) Supervise and manage the disposal of discarded hazardous chemicals as well as their packaging and containers.   (III) Formulate and implement emergency response plans for environmental pollution caused by hazardous chemical accidents ; Conduct emergency monitoring at the site of toxic chemical accidents ; Responsible for investigating and handling major hazardous chemical pollution incidents and ecological damage events.   VII. Shanghai Administration for Market Regulation (1) Issuing business licenses to enterprises (including their branches) that are engaged in the production, operation, use, storage, and transportation of hazardous chemicals.   (II) Supervise and manage the market operations related to hazardous chemicals.   (III) Work with relevant departments to investigate and deal with illegal activities involving the production, operation, use, and transportation of hazardous chemicals without proper licenses or beyond the authorized scope of business.   VIII. Shanghai Health and Family Planning Commission (1) Supervise and manage the work related to the prevention and control of occupational diseases in entities that handle hazardous chemicals ; Responsible for the toxicity assessment of hazardous chemicals.   (II) To ensure the safe management of the production, storage, and use of hazardous chemicals by medical institutions, as well as the disposal of such hazardous chemicals along with their packaging and containers.   (III) Formulate and implement emergency medical response plans for hazardous chemical accidents.   IX. Shanghai Railway Supervision Administration (1) Responsible for the supervision and management of the safety of hazardous chemicals within railway stations ; Conduct supervision and inspection of railway vehicles used for the transport of hazardous chemicals ; Conduct safety inspections and supervision on major hazard sources within railway stations ; Supervise and inspect the rectification of major accident hazards related to the railway transport of hazardous chemicals.   (II) Formulate and implement emergency response plans for railway transport accidents involving hazardous chemicals ; Responsible for the investigation and handling of railway traffic accidents involving hazardous chemicals.   X. Shanghai Postal Administration (1) Conduct supervision and inspection of the mailing of hazardous chemicals.   (II) Formulate and implement emergency response plans for accidents involving the mailing of hazardous chemicals.   11. East China Regional Administration of Civil Aviation (1) Responsible for the supervision and management of the safety of hazardous chemicals within airports; conducts inspections and supervision over the safety of entities that transport hazardous chemicals by air as well as their aircraft ; Supervise and manage the safety of major hazard sources within the airport area ; Supervise and inspect the rectification of major accident hazards related to the air transport of hazardous chemicals.   (II) Formulate and implement emergency response plans for accidents involving the air transport of hazardous chemicals.   XII. Shanghai Municipal Commission of Economy and Informatization (1) Formulate industry plans for the production and storage of hazardous chemicals in conjunction with relevant departments.   (II) Provide information technology support for the development of a regulatory information exchange platform for hazardous chemicals.   13. Shanghai Municipal Bureau of Planning and Land Resources: (1) Responsible for granting administrative approvals regarding the site selection, land use planning, and engineering planning for projects related to the production and storage of hazardous chemicals, as well as for special parking areas designated for such chemicals, and it also carries out supervision and management over these matters.   (II) Be responsible for strengthening the protection of existing hazardous chemical pipelines during urban and rural planning.   14. Shanghai Municipal Commission of Housing and Urban-Rural Development: Responsible for strengthening the protection of existing hazardous chemical pipelines during construction management.   15. Shanghai Meteorological Bureau: Responsible for the design review and acceptance of lightning protection facilities in projects related to the production and storage of hazardous chemicals, as well as for overseeing such facilities.   16. Shanghai Civil Air Defense Office: Responsible for emergency rescue efforts in case of hazardous chemical accidents, and participates in the investigation and handling of such accidents.   17. Shanghai Municipal Education Commission: Responsible for the safe management of schools’ storage and use of hazardous chemicals, as well as the disposal of such chemicals and their packaging and containers.   18. Shanghai Science and Technology Commission: Responsible for the safety management of the storage and use of hazardous chemicals by research institutions, as well as the disposal of such hazardous chemicals and their packaging and containers.   19. Shanghai Entry-Exit Inspection and Quarantine Bureau: Responsible for inspecting imported and exported hazardous chemicals, as well as their packaging and containers, in this city.
Reply #22016-11-06
It’s good to have laws in place, but the key is to enforce them strictly and hold those who violate them accountable. To be honest, what we lack is not laws and regulations; what’s lacking is the ability to use these laws as effective tools for oversight.

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