Safety Management Regulations for Construction Projects (Order No. 393 of the State Council)

Order No. 393 of the State Council

The "Regulations on the Safe Production of Construction Projects" was passed at the 28th executive meeting of the State Council on November 12, 2003 and is hereby promulgated. It will come into effect on February 1, 2004.

Premier Wen Jiabao

November 24, 2003

Chapter 1 General Provisions

Article 1: These Regulations are formulated in accordance with the "Construction Law of the People's Republic of China" and the "Safety Production Law of the People's Republic of China" to strengthen supervision and management of construction work safety, ensuring the safety of people's lives and property.

Article 2: The relevant activities in the construction, expansion, reconstruction, and demolition of construction projects within the territory of the People's Republic of China and the implementation of the supervision and administration of the safe production of construction projects must comply with these Regulations.

Article 3: The construction of safety management for construction projects shall be based on the principles of safety first and prevention.

Article 4: Construction units, survey units, design units, construction units, project supervision units, and other units involved in the safe production of construction projects must abide by the provisions of laws and regulations for safe production, ensure the safety of construction projects, and assume the safety production responsibility according to law.

Article 5: The State encourages scientific research on the safe production of projects and the promotion and application of advanced technologies, promoting the scientific management of safe production of construction projects.

Chapter II Safety Responsibility of Construction Units

Article 6: The construction unit shall provide the construction unit with underground pipeline data, meteorological and hydrological observation data, neighboring buildings and structures, such as water supply, drainage, power supply, gas supply, heating, communications, radio and television, etc., at the construction site and adjacent areas. The relevant information of underground engineering, and ensure that the information is true, accurate, and complete.

Article 7: The construction unit may not make requirements for survey, design, construction, project supervision, etc., that do not meet the requirements of the laws, regulations, and mandatory standards for safety production of construction projects, and may not shorten the contractual period.

Article 8: When compiling the project budget, the construction unit shall determine the cost for the safe operation environment and safe construction measures for the construction project.

Article 9: The construction unit shall not expressly or imply that the construction unit purchases, leases, or uses safety protective equipment, mechanical equipment, construction equipment and fittings, fire-fighting facilities and equipment that do not meet the requirements for safe construction.

Article 10: When applying for the construction permit, the construction unit shall provide information on the safety construction measures for the construction project.

Article 11: The construction unit shall contract the demolition project to the construction unit with the corresponding qualification level.

Chapter III Safety Responsibility of Investigation, Design, Project Supervision and Other Related Units

Article 12: The investigation unit shall conduct surveys in accordance with laws, regulations, and mandatory standards for project construction. The survey documents provided shall be authentic and accurate and meet the requirements for safe production of the construction project.

Article 13: A design unit shall design in accordance with laws, regulations, and mandatory standards for project construction to prevent production safety accidents from occurring due to irrational design.

Article 14: The project supervision unit shall review whether the safety technical measures or special construction plans in the construction organization design meet the mandatory standards for project construction.

Article 15: Units providing machinery equipment and accessories for construction projects shall be equipped with complete safety facilities and equipment such as insurance and limit positions in accordance with the requirements for safe construction.

Article 16: The leased mechanical equipment, construction equipment and accessories shall have production (manufacturing) licenses and product certifications.

Article 17: Installation and dismantling of construction hoisting equipment and integral jack-ups, formworks and other jack-up erection facilities at the construction site must be undertaken by qualified units.

Chapter IV Safety Responsibility of Construction Units

Article 20: The construction unit that engages in the construction, expansion, reconstruction, and dismantling of construction projects shall have the registered capital, professional and technical personnel, technical equipment, and safe production conditions stipulated by the state, and obtain corresponding qualification certificates according to law.

Article 21: The principal person in charge of a construction unit shall be fully responsible for the safety production work of the unit. The construction unit shall establish and improve the safety production responsibility system and the safety production education and training system.

Article 22: The construction unit’s expenses for the safe operating environment and safety construction measures included in the budget estimates for construction projects shall be used for the procurement and renewal of construction safety protection appliances and facilities, the implementation of safe construction measures, and the improvement of safe production conditions.

Article 23: The construction unit shall establish a safety production management agency and be equipped with full-time safety production management personnel.

Article 24: If a general contractor for a construction project is to be carried out, the general contractor shall be responsible for the safety of the construction site.

Article 25: Special operators such as vertical transportation machinery operators, installation and disassembly workers, blasting operators, lifting signal workers, erection workers, etc., must go through special safety operation training in accordance with relevant state regulations and obtain special operation qualification certificates before starting work.

Chapter V Supervision and Management

Article 39: The State Council department responsible for the supervision and administration of production safety shall implement comprehensive supervision and administration of the safety production of construction projects throughout the country.

Article 40: The administrative department for construction of the State Council shall exercise supervision and administration over the safety production of construction projects throughout the country.

Article 41: The competent construction administrative department and other relevant departments shall copy the main contents of the relevant materials stipulated in Articles 10 and 11 of these Regulations to the departments responsible for safety production supervision and management at the same level.

Article 42: When reviewing and issuing the construction permit, the administrative department of construction shall examine whether there is a safe construction measure for the construction project, and shall not issue a construction permit for any construction without a safe construction measure.

Chapter VI Emergency Rescue and Investigation of Production Safety Accidents

Article 47: The construction administrative department of the local people's government at or above the county level shall, in accordance with the requirements of the people's government at the same level, formulate an emergency rescue plan for the construction of a major production safety accident within the administrative area.

Article 48: The construction unit shall formulate an emergency rescue plan for production safety accidents of this unit, establish an emergency rescue organization or be equipped with emergency rescue personnel, be equipped with necessary emergency rescue equipment and equipment, and regularly organize drills.

Article 49: The construction unit shall monitor the locations and links of major accidents at the construction site according to the characteristics and scope of the construction of the construction project, and formulate an emergency rescue plan for production safety accidents at the construction site.

Article 50: When a production safety accident occurs in a construction unit, it shall report to the department in charge of safety production supervision and management, the construction administrative department or other relevant departments in a timely and truthful manner in accordance with the relevant national accident casualty accident report and investigation and handling regulations.

Chapter VII Legal Liability

Article 53: In violation of the provisions of these Regulations, if the personnel of the construction administrative department of the people's government at or above the county level or the staff of other relevant administrative departments commit any of the following acts, they shall be given administrative sanctions for demotion or dismissal; the relevant provisions of the criminal law investigate criminal responsibility.

Article 54: In violation of the provisions of these Regulations, if the construction unit fails to provide the cost for construction of the project's safe production operation environment and safe construction measures, it shall be ordered to make corrections within a time limit; if the construction unit fails to make corrections within the time limit, the construction project shall be ordered to stop construction.

Article 55: Whoever, in violation of the provisions of these Regulations, the construction unit commits one of the following acts, shall be ordered to make corrections within a time limit and shall be imposed upon a fine of 200,000 yuan up to 500,000 yuan; if a major safety accident is caused, which constitutes a crime, the person directly responsible shall be investigated for criminal liability.

Article 56: If anyone violates the provisions of these Regulations and one of the following acts is committed by a surveying unit or a design unit, he shall be ordered to make correction within a time limit and a fine of 100,000 yuan up to 300,000 yuan shall be imposed.

Chapter VIII Supplementary Provisions

Article 69: This Regulation does not apply to emergency disaster relief and peasants' self-built low-rise residential safe production management.

Article 70: The safety production management of military construction projects shall be carried out in accordance with the relevant provisions of the Central Military Commission.

Article 71: This Regulation shall come into force on February 1, 2004.