Laws & Regulations
Measures for the Supervision and Administration of Work Safety in Construction Projects Involving Hazardous Chemicals
(Promulgated by Order No. 45 of the State Administration of Work Safety on January 30, 2012, effective as of April 1, 2012; amended by Order No. 79 of the State Administration of Work Safety on May 27, 2015)
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with laws and administrative regulations such as the Law of the People's Republic of China on Work Safety and the Regulations on the Safety Management of Hazardous Chemicals, for the purposes of strengthening the safety supervision and administration of construction projects involving hazardous chemicals, and standardizing the safety review of such construction projects.
Article 2 These Measures apply to the safety management, supervision, and administration of new construction, renovation, and expansion projects within the territory of the People's Republic of China involving the production and storage of hazardous chemicals, as well as chemical construction projects that generate hazardous chemicals (including long-distance hazardous chemical pipeline projects, hereinafter collectively referred to as construction projects).
These Measures do not apply to construction projects such as the exploration, mining, and associated storage of hazardous chemicals; the exploration, mining, and associated storage and offshore transportation of crude oil and natural gas; and the transportation and storage of municipal gas.
Article 3 The term "safety review of construction projects" as used in these Measures refers to the safety condition review of construction projects and the design review of safety facilities. The safety review of a construction project is applied for by the construction unit and implemented by the work safety supervision and administration department according to these Measures, which specify the levels of responsibility.
The completion inspection & acceptance of safety facilities for construction projects is organized and implemented by the construction unit according to law.
No construction project may commence construction or be put into operation (use) without having undergone safety review and completion inspection & acceptance of safety facilities.
Article 4 The State Administration of Work Safety guides and supervises the implementation of safety review and completion inspection & acceptance of safety facilities for construction projects nationwide, and is responsible for implementing the safety review of the following construction projects:
(I) Those approved (ratified, filed) by the State Council;
(II) Those that span provinces, autonomous regions, or municipalities directly under the Central Government.
The work safety supervision and administration departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as provincial-level work safety supervision and administration departments) guide and supervise the supervision and administration work for safety review and completion inspection & acceptance of safety facilities for construction projects within their respective administrative regions. They determine and announce the scope of construction projects, beyond those specified in the preceding paragraph, to be implemented by the work safety supervision and administration departments of the people's governments of cities divided into districts (hereinafter referred to as city-level work safety supervision and administration departments) within their respective administrative regions, and report this to the State Administration of Work Safety for filing.
Article 5 The safety review of construction projects falling under any of the following circumstances shall be the responsibility of the provincial-level work safety supervision and administration department:
(I) Those approved (ratified, filed) by the competent investment department of the State Council;
(II) Those involving the production of highly toxic chemicals;
(III) Other construction projects beyond those specified in the first paragraph of Article 4 of these Measures, as determined by the provincial-level work safety supervision and administration department.
Article 6 The work safety supervision and administration department responsible for implementing the safety review of construction projects may, based on work needs, delegate the safety review work for which it is responsible to the work safety supervision and administration department at the next lower level. Where the safety review is delegated, the delegating work safety supervision and administration department is responsible for the review results. Safety review for construction projects that span provinces, autonomous regions, or municipalities directly under the Central Government and for projects producing highly toxic chemicals shall not be delegated.
Safety review for construction projects falling under any of the following circumstances shall not be delegated to the work safety supervision and administration department of the county-level people's government:
(I) Those involving key supervised hazardous chemical processes announced by the State Administration of Work Safety;
(II) Those involving toxic gases, liquefied gases, flammable liquids, or explosives listed in the key supervised hazardous chemicals announced by the State Administration of Work Safety, and which constitute major hazard sources.
The work safety supervision and administration department accepting the delegation shall not sub-delegate the delegated safety review work for construction projects to any other unit.
Article 7 The design, construction, and supervision units as well as the safety assessment agencies for construction projects shall possess corresponding qualifications and shall be responsible for their work outcomes.
Construction projects involving key supervised hazardous chemical processes, key supervised hazardous chemicals, or major hazard sources for hazardous chemicals shall be designed by design units possessing corresponding qualifications in the petrochemical or pharmaceutical industry.
Chapter II Safety Condition Review of Construction Projects
Article 8 The construction unit shall, during the feasibility study stage of the construction project, commission a safety assessment agency with corresponding qualifications to conduct a safety assessment of the construction project.
The safety assessment agency shall, based on relevant work safety laws, regulations, rules, and national and industry standards, conduct a safety assessment of the construction project and issue a safety assessment report for the construction project. The safety assessment report shall conform to the requirements of the Detailed Rules for the Safety Assessment of Construction Projects Involving Hazardous Chemicals.
Article 9 For construction projects falling under any of the following circumstances, a Class-A safety assessment agency shall conduct the safety assessment:
(I) Those approved (ratified, filed) by the State Council or its competent investment department;
(II) Those involving the production of highly toxic chemicals;
(III) Those that span provinces, autonomous regions, or municipalities directly under the Central Government;
(IV) Other circumstances stipulated by laws, regulations, or rules.
Article 10 The construction unit shall, prior to commencing the preliminary design of the construction project, apply to the work safety supervision and administration department corresponding to the provisions of Articles 4 and 5 of these Measures for safety condition review of the construction project, submit the following documents and materials, and be responsible for their authenticity:
(I) The application and documents for safety condition review of the construction project;
(II) The safety assessment report of the construction project;
(III) The construction project approval, ratification, or filing documents and planning-related documents (copies);
(IV) The business license issued by the administrative department for industry and commerce or the notice of preliminary ratification of the enterprise name (copies).
Article 11 If the documents and materials submitted by the construction unit for the safety condition review application are complete and conform to the statutory form, the work safety supervision and administration department shall accept the application on the spot and notify the construction unit in writing.
If the documents and materials submitted by the construction unit for the safety condition review application are incomplete or do not conform to the statutory form, the work safety supervision and administration department shall, within five working days from receiving the application documents and materials, notify the construction unit in a single written notice of all required corrections; if no notification is made within this period, the application documents and materials are deemed accepted from the date of receipt.
Article 12 For an accepted application for safety condition review of a construction project, the work safety supervision and administration department shall assign relevant personnel or organize experts to review the application documents and materials, and shall issue an opinion letter on the safety condition review of the construction project to the construction unit within forty-five days from the date of acceptance. The validity period of the opinion letter on the safety condition review of a construction project is two years.
Where it is necessary to verify the substantive content of the application documents and materials according to statutory conditions and procedures, the work safety supervision and administration department shall assign two or more staff members to conduct an on-site inspection of the construction project.
The time required for the construction unit to rectify problems discovered during the on-site inspection and to modify the application documents and materials is not included in the time limit specified in this Article.
Article 13 A construction project falling under any of the following circumstances shall not pass the safety condition review:
(I) The safety assessment report has major deficiencies or omissions, including incomplete or inaccurate identification and assessment of the main hazardous and harmful factors of the construction project;
(II) The distance between the construction project and surrounding sites or facilities, or the natural conditions of the proposed site, do not comply with the provisions of relevant work safety laws, regulations, rules, and national or industry standards;
(III) The main technology and process are undetermined, or do not comply with the provisions of relevant work safety laws, regulations, rules, and national or industry standards;
(IV) For chemical processes used for the first time in China, safety reliability demonstrations have not yet been conducted by the relevant departments of the provincial people's government;
(V) The countermeasures and suggestions proposed for the design of safety facilities do not comply with laws, regulations, rules, and national or industry standards;
(VI) The safety assessment has not yet been conducted by a safety assessment agency with the appropriate qualifications;
(VII) Relevant circumstances have been concealed or false documents or materials have been provided.
If a construction project fails the safety condition review, the construction unit may reapply for the safety condition review after rectification.
Article 14 If a construction project that has passed the safety condition review falls under any of the following circumstances, the construction unit shall conduct a new safety assessment and apply for review:
(I) Significant changes occur in the surrounding conditions of the construction project;
(II) The construction site is changed;
(III) Significant changes occur in the main technology, process route, product scheme, or plant scale;
(IV) The construction project does not commence construction within the validity period of the safety condition review opinion letter, but requires commencement of construction after the expiry of the validity period.
Chapter III Design Review of Safety Facilities for Construction Projects
Article 15 The design unit shall, in accordance with relevant work safety laws, regulations, rules, national and industry standards, and the safety condition review opinion letter for the construction project, design the safety facilities of the construction project following the Guidelines for Safety Design Management of Chemical Construction Projects (AQ/T 3033). Additionally, the design unit shall prepare a dedicated chapter on the safety facilities design of the construction project, which shall comply with the requirements set forth in the Guideline for the Preparation of Dedicated Chapters for the Design of Safety Facilities of Construction Projects Involving Hazardous Chemicals.
Article 16 The construction unit shall, after completing the preliminary design of the construction project and before commencing the detailed design, apply to the work safety supervision and administration department that issued the safety condition review opinion letter for design review of the safety facilities for the construction project, submit the following documents and materials, and be responsible for their authenticity:
(I) The application and documents for the design review of safety facilities for the construction project;
(II) The design qualification certification document of the design unit (copy);
(III) The dedicated chapter on the safety facilities design of the construction project.
Article 17 If the documents and materials submitted by the construction unit for the design review of safety facilities are complete and conform to the statutory form, the work safety supervision and administration department shall accept the application on the spot; if the safety condition review has not been conducted or has not been passed, the application shall not be accepted. The work safety supervision and administration department shall notify the construction unit in writing of the acceptance or non-acceptance.
If the application documents and materials for the design review of safety facilities are incomplete or do not meet the requirements, the work safety supervision and administration department shall, within five working days from receiving the application documents and materials, notify the construction unit in a single written notice of all required corrections; if no notification is made within this period, the application documents and materials are deemed accepted from the date of receipt.
Article 18 For an accepted application for design review of safety facilities for a construction project, the work safety supervision and administration department shall assign relevant personnel or organize experts to review the application documents and materials, and shall, within twenty working days from the date of acceptance, make a decision to approve or disapprove the dedicated chapter on the safety facilities design of the construction project, and issue an opinion letter on the safety facilities design review of the construction unit; if an opinion letter cannot be issued within twenty working days, the period may be extended by up to ten working days with the approval of the department head, and the construction unit shall be notified of the extension period and the reasons for the delay.
Where it is necessary to verify the substantive content of the application documents and materials according to statutory conditions and procedures, the work safety supervision and administration department shall assign two or more staff members to conduct an on-site inspection.
The time required for the construction unit to rectify problems discovered during the on-site inspection and to modify the application documents and materials is not included in the time limit specified in this Article.
Article 19 The design of safety facilities for a construction project falling under any of the following circumstances shall not pass the review:
(I) The qualification of the design unit does not comply with relevant regulations;
(II) The design was not carried out in accordance with the provisions of relevant work safety laws, regulations, rules, and national or industry standards;
(III) Sufficient justification for the non-adoption of safety countermeasures and suggestions from the safety assessment report of the construction project has not been provided;
(IV) Relevant circumstances have been concealed or false documents or materials have been provided.
If the design review of safety facilities for a construction project is not passed, the construction unit may reapply for the design review of safety facilities after rectification.
Article 20 If the reviewed and approved design of safety facilities for a construction project falls under any of the following circumstances, the construction unit shall apply to the original reviewing department for the review of the modified design of safety facilities:
(I) Changes are made to the safety facilities design that may reduce safety performance;
(II) Re-design occurs during the construction period.
Chapter IV Trial Production (Use) of Construction Projects
Article 21 Upon completion of the safety facilities for a construction project, the construction unit shall, in accordance with relevant work safety laws, regulations, rules, and national and industry standards, inspect and test the safety facilities to ensure they meet the safety requirements for the production and storage of hazardous chemicals and are in proper working condition.
Article 22 The construction unit shall organize relevant units and experts involved in the design, construction, and supervision of the construction project to identify potential safety issues and propose corresponding countermeasures that may arise during the trial production (use) of the project (hereinafter referred to as trial production (use)). In accordance with relevant work safety laws, regulations, rules, and national and industry standards, the construction unit shall then develop a detailed trial production (use) plan. This plan shall include the following work safety-related content:
(I) Completion status of production preparations such as equipment and pipeline pressure testing, purging, gas tightness testing, single unit trial run, instrument calibration, and interlinked trial run of the construction project;
(II) The feed commissioning plan;
(III) Safety problems that may arise during trial production (use), corresponding countermeasures, and emergency response plans;
(IV) Confirmation of the mutual impact between the surrounding environment of the construction project and the safe trial production (use) of the construction project;
(V) Implementation status of monitoring measures for major hazard sources of hazardous chemicals;
(VI) Human resource allocation status;
(VII) Start and end dates of the trial production (use).
The trial production period for a construction project shall be no less than 30 days and no more than 1 year.
Article 23 The construction unit may only carry out trial production (use) of the safety facilities of the construction project simultaneously with the main installations and facilities for production, storage, or use after having taken effective work safety measures.
Before trial production (use), the construction unit shall organize experts to review the trial production (use) plan.
During trial production (use), the construction unit shall organize experts to confirm the conditions for trial production (use) and provide technical guidance for the trial production (use) process.
Chapter V Completion Inspection & Acceptance of Safety Facilities for Construction Projects
Article 24 Upon completion of the safety facilities for a construction project, the construction unit shall prepare a report on their construction status. This report shall include the following information:
(I) Basic information of the construction unit, including details of construction projects previously undertaken by the unit;
(II) Qualification status of the construction unit (providing copies of relevant qualification certification materials);
(III) Construction basis and the relevant laws, regulations, rules, national standards, and industry standards implemented;
(IV) Quality control status during construction;
(V) Construction changes, including modifications to work safety-related facilities during the construction and trial production period of the construction project.
Article 25 During the trial production period of a construction project, the construction unit shall, in accordance with the provisions of these Measures, commission a qualified safety assessment agency to conduct a safety acceptance assessment on the trial production (use) status of the project and its safety facilities. The construction unit shall not commission the same safety assessment agency that performed the safety assessment during the feasibility study stage.
The safety assessment agency shall conduct the assessment based on relevant work safety laws, regulations, rules, and national and industry standards. The safety acceptance assessment report of the construction project shall conform to the requirements of the Detailed Rules for the Safety Assessment of Construction Projects Involving Hazardous Chemicals.
Article 26 Before a construction project is put into production and use, the construction unit shall organize personnel to conduct the completion inspection & acceptance of safety facilities and draw a conclusion on whether the completion inspection & acceptance of safety facilities for the construction project is passed. The professional capabilities of the personnel participating in the acceptance shall cover all specialties involved in the construction project.
The construction unit shall provide the following documents and materials to the personnel participating in the acceptance and organize an on-site inspection:
(I) Reports on the construction and supervision status of the safety facilities of the construction project;
(II) The safety acceptance assessment report of the construction project;
(III) A report detailing any accidents that occurred during the trial production (use) period, the preventive measures implemented, and the status of any rectifications;
(IV) Qualification certificates of the construction and supervision units of the construction project (copies);
(V) Qualification certificates of the principal responsible person, work safety management personnel, and registered safety engineers (copies), and a list of special operation personnel;
(VI) Certification materials verifying that employees have successfully completed the required safety education and training;
(VII) Statement of the allocation of personal protective equipment;
(VIII) Work safety responsibility system documents, a list of work safety rules and regulations, and a list of operational safety procedures for each post;
(IX) Documents on the establishment of the work safety management agency and the allocation of full-time work safety management personnel (copies);
(X) Proof materials for the payment of work-related injury insurance premiums for employees (copies).
Article 27 The completion inspection & acceptance of safety facilities for a construction project will result in a failure if any of the following circumstances apply:
(I) A construction unit without corresponding qualifications was commissioned for the construction;
(II) The construction was not carried out in accordance with the reviewed design of safety facilities for the construction project, or the construction quality did not meet the requirements of the design documents for safety facilities;
(III) The construction of the safety facilities of the construction project does not comply with the provisions of national or industry standards;
(IV) Inspection and testing were not conducted as required by these Measures after the completion of the safety facilities of the construction project, or the facilities failed to pass the inspection and testing;
(V) The safety acceptance assessment has not yet been conducted by a safety assessment agency with the appropriate qualifications;
(VI) The safety facilities and work safety conditions do not comply with, or fail to meet, the requirements set forth in relevant work safety laws, regulations, rules, and national or industry standards;
(VII) The safety acceptance assessment report has major deficiencies or omissions, including incorrect identification and assessment of the main hazardous and harmful factors of the construction project;
(VIII) Relevant circumstances have been concealed or false documents or materials have been provided;
(IX) The construction unit failed to provide documents and materials to the acceptance personnel and organize an on-site inspection as stipulated in these Measures.
If the completion inspection & acceptance of safety facilities for a construction project is not passed, the construction unit may reorganize the completion inspection & acceptance of safety facilities after rectification.
Article 28 After organizing the successful completion inspection & acceptance of the safety facilities, the construction unit shall archive all documents and materials related to the acceptance process and apply for any other safety permits concerning hazardous chemicals in accordance with the provisions of relevant laws, regulations, and supporting rules.
Chapter VI Supervision and Administration
Article 29 If the construction unit changes after the safety condition review has been passed but before the completion inspection & acceptance of safety facilities, the new construction unit shall promptly submit the supporting materials and relevant information to the work safety supervision and administration department responsible for the safety review of the construction project.
Article 30 Under any of the following circumstances, the responsible work safety supervision and administration department conducting the review or its superior department may revoke the safety review of the construction project:
(I) Abuse of power or dereliction of duty;
(II) Exceeding statutory authority;
(III) Violating statutory procedures;
(IV) The applicant does not possess the application qualifications or does not meet the statutory conditions;
(V) Other circumstances under which revocation is permitted by law.
If the construction unit passed the safety review by means of deception, bribery, or other improper means, the review shall be revoked.
Article 31 Work safety supervision and administration departments shall establish and improve file management systems for safety review of construction projects and promptly notify relevant departments of the safety review status of construction projects.
Article 32 Work safety supervision and administration departments at all levels shall, within their respective duties, conduct supervision and inspection of the safety review status of construction projects according to law. Upon discovering violations of these Measures during inspections, they shall take appropriate legal actions and notify the work safety supervision and administration department responsible for conducting the safety review.
Article 33 City-level work safety supervision and administration departments shall, before January 31 of each year, report the implementation status of safety review of construction projects within their respective administrative regions in the previous year to the provincial-level work safety supervision and administration department.
Provincial-level work safety supervision and administration departments shall, before February 15 of each year, report the implementation status of safety review of construction projects within their respective administrative regions in the previous year to the State Administration of Work Safety.
Chapter VII Legal Liability
Article 34 If staff members of work safety supervision and administration departments engage in malpractices for personal gain, abuse their power, or neglect their duties, failing to perform their duties of safety review and supervision and administration of construction projects involving hazardous chemicals according to law, they shall be subject to disciplinary action according to law.
Article 35 If a new construction, renovation, or expansion project for the production or storage of hazardous chemicals is undertaken without undergoing a safety condition review or fails to pass the safety condition review, the project shall be ordered to cease construction and rectify the issues within a specified time frame. Failure to make the necessary corrections within this period shall result in a fine ranging from RMB 500,000 to 1,000,000. If the violation constitutes a criminal offense, criminal liability shall be pursued in accordance with the law.
If, following changes specified in Article 14 of these Measures, a new application for safety condition review is not submitted, and construction is commenced without authorization despite failing the review, penalties shall be imposed in accordance with the preceding paragraph.
Article 36 If a construction unit commits any of the following acts, it shall be subject to penalty in accordance with the legal liability provisions of the Law of the People's Republic of China on Work Safety concerning the design review and completion inspection & acceptance of safety facilities for construction projects:
(I) Commencing construction without authorization before the design of safety facilities has been reviewed or has failed the review;
(II) Where any circumstance specified in Article 21 of these Measures occurs to the design of safety facilities, commencing construction without authorization before the modified design review has been conducted or has failed the review;
(III) Failing to construct according to the approved design of safety facilities;
(IV) Putting the project into production (use) without authorization before the completion inspection & acceptance of safety facilities has been conducted or has failed.
Article 37 If a construction unit commits any of the following acts, it shall be ordered to make corrections and may be fined up to RMB 10,000; if corrections are not made within the prescribed time limit, a fine ranging from RMB 10,000 to RMB 30,000 shall be imposed:
(I) Failing to conduct inspection and testing upon completion of the safety facilities of the construction project;
(II) Providing false documents or materials when applying for safety review of the construction project;
(III) Failing to organize relevant units and experts to study and propose safety problems and countermeasures that may arise during trial production (use), or failing to formulate a detailed trial operation (use) plan, before conducting trial operation (use);
(IV) Failing to organize experts to review the trial operation (use) plan and inspect and confirm the trial operation (use) conditions.
Article 38 If a construction unit conceals relevant information or submits false materials during the application for the safety review of a construction project, the application shall be rejected or the review shall not be approved. The unit shall receive a warning and shall be prohibited from reapplying for the same review for one year from the date the work safety supervision and administration department discovers the violation.
If a construction unit obtains approval for the safety review of a construction project through deception, bribery, or other improper means, it shall be prohibited from reapplying for the same review for three years from the date the work safety supervision and administration department revokes the safety review.
Article 39 If an institution responsible for safety assessment, inspection, or testing issues false reports or certificates, it shall be subject to penalties in accordance with the relevant provisions of the Law of the People's Republic of China on Work Safety.
Chapter VIII Supplementary Provisions
Article 40 For construction projects that are small in scale, low in risk level, and simple in process route, the work safety supervision and administration department may appropriately simplify the procedures and content of the safety review of the construction project.
Article 41 For construction projects carried out in phases, the safety condition review, design review of safety facilities, trial operation, and completion inspection & acceptance of safety facilities may be conducted in corresponding phases.
Article 42 The term "new construction project" as used in these Measures refers to a project falling under any of the following circumstances:
(I) A newly established enterprise constructs hazardous chemical production or storage installations (facilities), or an existing enterprise constructs hazardous chemical production or storage installations (facilities) that are different from its existing production or storage activities;
(II) A newly established enterprise constructs chemical production installations (facilities) that involve the generation of hazardous chemicals, or an existing enterprise constructs chemical production installations (facilities) that involve the generation of hazardous chemicals and are different from its existing production activities.
Article 43 The term "renovation project" as used in these Measures refers to a project falling under any of the following circumstances:
(I) An enterprise updates the technology, process, main installations (facilities), or variety of hazardous chemicals of an in-service hazardous chemical production or storage installation (facility) at the original site;
(II) An enterprise updates the technology, process, or main installations (facilities) of an in-service chemical production installation (facility) that involves the generation of hazardous chemicals at the original site.
Article 44 The term "expansion project" as used in these Measures refers to a project falling under any of the following circumstances:
(I) An enterprise constructs production or storage installations (facilities) that are relatively independent but have the same technology, process, main installations (facilities), and variety of hazardous chemicals as the existing ones;
(II) An enterprise constructs production installations (facilities) that are relatively independent but have the same technology, process, and main installations (facilities) as the existing ones and involve the generation of hazardous chemicals.
Article 45 The content and format of the relevant documents required for implementing the safety review of construction projects shall be separately prescribed by the State Administration of Work Safety.
Article 46 Provincial-level work safety supervision and administration departments may, in accordance with the provisions of these Measures, formulate and announce the scope of construction projects within their respective administrative regions for which the safety condition review may be simplified or conducted in phases, along with the corresponding review content, and report these decisions to the State Administration of Work Safety for filing.
Article 47 After the implementation of these Measures, if the work safety supervision and administration department responsible for conducting the safety review of a construction project changes (except for projects that have passed the completion inspection & acceptance of safety facilities), the original department shall transfer the implementation status and all related files of the safety review to the newly designated department responsible for the safety review in accordance with these Measures.
Article 48 These Measures shall be effective as of April 1, 2012. The Implementation Measures on Safety Licensing for Hazardous Chemical Construction Projects promulgated by the State Administration of Work Safety on September 2, 2006, shall be repealed simultaneously.
This document is a translation of the original official text and is provided for reference purposes only. While we strive for accuracy, errors or ambiguities may arise due to linguistic nuances and technical factors. This translation is not legally binding and should not be relied upon as the sole basis for decision-making. All content is governed exclusively by the original official version.