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Regulations of the
Shenzhen Special Economic Zone
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on Work Safety of
Construction Projects
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(Adopted
at the Twentieth Meeting of the Standing Committee of the Second
Shenzhen Municipal People'
s Congress on February 13, 1998 and
promulgated by Public Notice No. 60 of the Standing Committee of
the Shenzhen Municipal People' s Congress of February 13, 1998)
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Chapter I General
Provisions
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Article 1 In order to
strengthen the administration of the work safety of construction
projects, ensure personal
safety and property security,
guarantee the success of construction projects, these
regulations
are hereby formulated in compliance with Construction
Law of the People' s Republic of China and other statutes,
the basic principles of administrative law and regulations, and
also in the
light of the practical conditions of the Shenzhen
Special Zone (hereinafter referred to as "the Special
Zone" ). |
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Article 2 All
those who engage in civil engineering, installing pipelines,
wires and equipments, adorning
and fitting up, supervising and
managing the work safety of construction projects in the Special
Zone shall abide by these regulations. |
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The work of construction projects (hereinafter referred
to as "the construction work" ) in these regulations is
referred to the activities of new construction, extended
construction, reconstruction and dismantling
in the above-listed
projects. |
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Article 3 The
Special Zone shall put into practice the rules on supervision
and administration of the construction
work safety, the
administration of the construction work safety shall implement
the policy of safety
first and priority given to prevention. |
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The construction work safety shall be maintained under an
administrative system of enterprise responsibility, industrial
management, the state inspection, and the masses supervision. |
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Article 4 The
construction work safety shall be carried through the entire
process of construction projects.
The construction projects
shall meet the safety standards of construction project set by
the state. |
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Article 5 The
administrative department in charge of construction (hereinafter
referred to as "the municipal
responsible department" )
within the Shenzhen Municipal People' s Government (hereinafter
referred
to as "the municipal government" ) and the
administrative departments in charge of construction
(hereinafter referred to as "the district responsible
department" ) within various district people' s governments
shall be responsible for industrial supervision and
administration of the construction work safety
within the limits
of their authority, and also accept the instruction and
supervision of the construction
work safety from the safety
administration agencies according to law. |
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The municipal, district responsible departments shall
establish the supervising agencies of the construction work
safety (hereinafter referred to as "the supervising
agencies" ) to be responsible for the specific
supervision and
administration of the construction work safety. |
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Article 6 Social
organizations and individuals may inquire of construction units,
design units or enterprises
undertaking the construction work
about the construction work safety, have the right to inform or
report to the responsible departments or the other
administrative departments related to supervision and
administration of the construction work safety on illegal acts
in the construction work, and conduct
social supervision over
the construction work safety. |
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Article 7 The
responsible departments and the other administrative departments
related to supervision and
administration of the construction
work safety shall fulfill their duties according to law, accept
the related inquiries, strictly conduct supervision and
administration of the construction work safety. |
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Article 8 The
governments shall encourage scientific and technological
research in the construction work safety,
spread advanced
experience of the construction work safety and technology of
safety protection,
advance the administration of the
construction work safety toward normalization, standardization,
and scientific orientation. |
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Chapter II Duties of the
Responsible Departments
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and Supervising Agencies
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Article 9 The municipal
responsible department shall fulfill the following duties in
supervising and administering
of the construction work safety: |
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(1)
to formulate the documents of the construction work
safety standards, to establish and improve a supervision and
administration network and a safeguard system; |
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(2)
to direct and supervise the work of the supervising
agencies; |
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(3)
to examine
the supervisors of the supervising agencies and issue the
supervisor certificates to
qualifiers; |
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(4)
to examine the personnel of safety administration of the
enterprises undertaking the construction work in safety
knowledge and issue the duty post certificate of the
construction work safety to qualifiers; |
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(5)
to investigate and deal with illegal acts in the
construction work safety; |
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(6)
to investigate and deal with four levels of serious
accidents with casualties, and report serious accidents to the
superiors; |
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(7)
to spread advanced experience of the construction work
safety administration and commend the units and individuals
who
have made outstanding contributions to the construction work
safety. The district responsible
departments shall fulfill the
duties in Items (1), (2), (5), (7) of the above sections. |
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Article 10 The
supervising agencies shall fulfill the following duties: |
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(1)
to examine, according to law, the safety preconditions of
the related construction projects before it has been started,
conduct the routine supervision in the process of the
construction work and make an assessment
of safety achievements
before the completion of the construction work; |
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(2)
to provide a
conclusion of the preliminary examination of the construction
work safety for the establishment,
annual assessment, promotion
and demotion of an enterprise undertaking the construction work; |
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(3)
to make a safety examination on the construction work
site; |
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(4)
to organize, direct the development , popularization and
application of the technology for the construction work
safety,
and conduct safety knowledge education and training; |
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(5)
to order stopping construction, making a correction by a
deadline in case of illegal acts against the construction
work
safety, and also report to the responsible departments for
punishment; |
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(6)
to do the other work entrusted by the municipal, district
responsible departments. |
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The
municipal supervising agencies shall direct the district
supervising agencies |
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in
their professional work. |
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Chapter III Safety
Responsibilities of Construction Units and the Related Units
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Article 11 The
construction unit shall submit to the supervising agency the
following documents before starting
construction in order to
apply for the registration of having supervision for the
construction
work safety: |
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(1)
the permit for construction; |
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(2)
the documents of bidding, entering a bid and awarding a
bid or the document of examination and approval of the project
cost; |
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(3)
the project contract. |
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The
responsible department shall not issue the permit for the
construction work to |
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the
project without registration of having supervision for the
construction work safety. |
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When applying for the registration of having supervision
for the construction work safety, the construction unit
shall,
according to the rules, pay the safety supervising fee. The
safety supervising fee shall
be brought into a special account
under the fiscal management at the same level. |
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Article 12 The
construction unit shall set a budget for technological measures
of safety in accordance with
the features, scale and
technological requirements of a project. The budget for
technological measures
of safety shall be listed separately in a
bid for the construction work, and it shall not be regarded as a
condition for price competition in bidding and entering a bid. |
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Article 13 The
construction unit shall select a qualified enterprise in terms
of safety requirements to undertake
the construction work in
accordance with the features, scale and technological
requirements of
a project. |
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The construction unit shall provide accurate
hydrogeological data, information of underground pipelines and
other conditions for the enterprise undertaking the construction
work. |
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Article 14
Before starting the construction work, the construction unit
shall provide safety protection for
neighboring buildings,
structures, underground pipelines, municipal public facilities,
etc. |
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Article 15 The
design documents of the design unit shall meet the requirements
for the safety and health of
the construction workers. |
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When adopting new structures, new materials and new
technologies, the design unit shall formulate in designing the
measures to guarantee the construction workers' safety and
health. |
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Article 16 The
supervising unit shall integrate the construction work safety
into the coverage of its supervision,
organize the supervision
of the construction work safety simultaneously with that of
construction
quality, project schedule and investment control. |
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Article 17 Various
products and safety measures provided by the production or
supply unit shall ensure people'
s health, meet the state
standards, industrial standards or local standards of Guangdong
Province
for personal safety and property security; as for those
products and safety measures without the state, industrial
or
local standards, they shall not be unreasonably dangerous to
personal safety and property security. |
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Chapter IV Safety
Responsibilities of the Enterprise
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Undertaking the
Construction Work
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Article 18 The enterprise
undertaking the construction work shall formulate goals and
measures of the construction
work safety, improve the
construction workers' operating environment and conditions
according
to a plan and step by step. |
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Article 19 The
enterprise undertaking the construction work shall establish a
safeguard system of the construction
work and also a system of
post responsibility for the construction work safety. |
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Article 20 The
enterprise undertaking the construction work shall organize
overall inspections of safe production
or special inspections in
accordance with the change of seasons and production, promptly
remove
the hidden dangers of accidents. |
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Article 21 The
enterprise undertaking the construction work shall have a
full-time safety clerk. The safety
clerk shall go to work with a
certificate and exercise official functions independently
according
to the rules. |
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Article 22 The
enterprise undertaking the construction work shall provide labor
protection necessities and
devices for workers according to the
rules and tell them the correct way to use these necessities and
devices. |
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Article 23 The
enterprise undertaking the construction work shall have a
training system for personnel' s safety
education. Without
going thorough the safety education, any personnel under
training shall not
be allowed to go to a duty post to work. |
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Special operation workers shall be examined for
qualifications by the administrative department in charge of
labor, only after obtaining the certificate of vocational
qualifications, shall they go to duty posts
to work. |
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Article 24 The
fund of technological measures of safety which the enterprise
undertaking the construction work
withdraws shall be spent for
the specified purposes only. |
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Chapter V Safety
Administration on the Construction Work Site
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Article 25 For
the construction projects of lump-sum contract and subcontracts,
the lump-sum contractor shall
be responsible for the general
safety on the construction work site, the subcontractors shall
be
responsible for the subcontracted projects and accept the
unified administration of the lump-sum contractor. |
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Article 26 The
enterprise undertaking the construction work, before starting
the work, shall apply to the supervising
agency for examination
and approval of the preconditions for the construction work
safety, only
after proving qualified in the process of
examination and approval shall the construction work
start. |
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Article 27 The enterprise undertaking the construction work shall
take the corresponding measures of safety protection in
accordance with the requirements for the work protection of
different stages of the construction
work. The safety protection
measures on the construction work site shall meet the state
standards
for labor safety and sanitation. |
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Article 28 The enterprise undertaking the construction work shall,
in accordance with the features of the project, make an
organizational plan of the construction work and formulate the
technological measures for the construction
work safety, inform
workers of the bottom line of safety technology in writing, and
the workers
who have been informed of the bottom line shall sign
the document of the bottom line. |
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Article 29 For the following dangerous operations, the management
department of the construction work project shall make a special
plan for the construction work safety, and, according to the
rules, report to the leading official
in charge of technology at
the enterprise undertaking the construction work for approval
and then
put it into practice: |
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(1)
the ground work; |
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(2)
the underground construction work; |
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(3)
the installation and dismantling of elevating scaffolds; |
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(4)
the vertical conveyance of machines and equipments, and
the installation and dismantling of erecting devices; |
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(5)
the dismantling of
buildings and structures; |
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(6)
the other dangerous operation. |
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Article
30 When
the actual progress of the construction work reaches the second |
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story
of the principal part of the project, the progress of one-story
buildings and structures reaches
2 meters above the ground, or
the progress of underground works reaches 2 meters below the
ground,
the enterprise undertaking the construction work shall
apply to the supervising agency for the check and acceptance
of
safety standards. |
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The supervising agency shall complete the check and
acceptance within 7 business days after receiving the
application; for a qualifier in the check and acceptance, a
trade mark of qualifier shall be issued. Without
the check and
acceptance or after proving unqualified in the check and
acceptance, the construction
work shall not be allowed to enter
the next process. |
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The trade mark of qualifier shall be hanged out in a
conspicuous place on the construction work site. |
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Article 31 A system of professional inspection, personnel' s
self-inspection, regular inspection and inspection on the safety
day shall be established on the construction work site. |
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Safety facilities of the construction work, erecting
devices, machines and equipments shall be regularly inspected,
repaired and maintained, and a register shall be ready for
inspection, repair and maintenance. |
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Article 32 The materials of safety technology shall be managed by a
person specially assigned for this job, and filing shall
be
prompt and complete. |
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Article 33 The land within the property lines or those temporarily
occupied places and roads after approval of the related
departments shall be completely used for the construction work,
the change into the other use shall
not be allowed. |
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Article 34 The construction work site of buildings shall have closed
management. |
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At the entrance to the construction work site, there
shall be placed signboards of the general layout of the
construction work, the safety rules, fire-preventing
regulations, etc. |
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The construction work of high-rise, extra-high-rise or
steetward buildings shall use tightly-woven nets or other
enclosing and protecting measures which meet the requirements. |
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Article 35 The roads on the work site shall be level, clean,
unblocked, traffic signs shall be available. |
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The ditches, pits and wells on the work site shall be
filled and leveled up, enclosed by fences or covered by planks;
warning signs shall hang out in the dangerous area, the red
light shall be available for warning
at night. |
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Article 36 The arrangement of various facilities and stacking of
materials on the work site shall meet the requirements of safety
and sanitation as well as the requirements of the general layout
of the construction work, the
drainage system shall be kept
unblocked. |
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Article 37 A system of fire prevention and dangerous materials'
storage and use shall be established on the work site, the
facilities which meet the requirements for fire prevention shall
be installed and kept in good
condition and ready for use. |
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Article 38 The necessary living facilities for workers shall be
installed on the work site. The living facilities for workers
shall meet the requirements for sanitation, ventilation,
illumination, fire prevention, etc. |
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Article 39 On the work site there shall be necessary facilities to
prevent injuries to human bodies and to give first aid, and
the
measures for emergency treatment as well. |
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Article 40 Operating workers shall abide by the technological
standards, operation rules and regulations of the construction
work safety, and enhance the consciousness of self-protection. |
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Operating workers shall have the right to criticize,
report or sue for those procedures, conditions, and methods
of
operation which imperil personal safety or health, and also have
the right to reject the order
which violates the rules. |
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Chapter VI Investigation
and Settlement of Serious Accidents
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Article 41 The
serious accidents mentioned in these regulations shall refer to
those accidents which lead to
injuries and deaths or major
economic loss because of the damage, inappropriateness of
machines,
equipments and safety facilities in the process of the
construction work. |
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The serious accidents shall be graded, according to the
related rules of the state, by four levels: 1, 2, 3, 4. |
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Article 42 When a serious accident occurs, the enterprise
undertaking the construction work shall organize the rescue
work, preserve the scene of the accident, report immediately to
the municipal responsible department,
public security department
and safety administration agencies, and complete a written
report of
the accident within 24 hours. |
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The written report of the accident shall include the
following contents: |
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(1)
the time, site and unit wherein the accident takes place; |
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(2)
the briefing of the course of the accident, the number of
casualties, and the preliminary estimate of direct economic
loss; |
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(3)
a tentative judgment about the causes of the accident; |
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(4)
the measures which have been taken after the accident and
the state of accident control; |
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(5)
the unit reporting the accident. |
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Article
43 After
receiving a report about a serious accident, the municipal |
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responsible
department shall report to the municipal safety administration
agency and the superior
administrative department in charge of
construction. |
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In case of a serious accident of level 3, the municipal
responsible department shall join in with the related
departments to form an accident investigation team, make an
investigation, propose a punishment, and
report to the municipal
safety administration agency for inflicting a punishment
according to law. |
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In case of a serious accident of level 4, the municipal
responsible department shall make an investigation and inflict
a
punishment. |
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Article 44 The accident investigation team has the authority to
inquire of an accident unit, the related departments and
individuals about the accident, any unit and individual shall
not refuse and obstruct. |
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Article 45 The investigation and punishment concerning a serious
accident shall close the case within 3 months from the date
of
the accident, the deadline to close a special case shall not go
beyond 6 months. |
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Article 46 When the case is closed for a serious accident, the
punishment shall be made public. |
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Chapter VII Legal
Liabilities
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Article 47 If
a construction unit, in violation of Article 11 of these
regulations, has not applied for registration
for having safety
supervision, the responsible department shall order it to stop
the construction
and comply with the formalities by a deadline,
and also impose a fine as much as 2% of the cost of the
completed construction work. |
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Article 48 If a construction unit, in violation of Article 14 of
these regulations, has failed to take effective protection
measures, the responsible department shall order it to make a
correction by a deadline. If the
correction has not been done
after the deadline or the correction is not up to the standard,
the
responsible department shall order the construction project
to stop until the correction meets the standard, and
also impose
a fine of more than 30,000 but less than 50,000 RMB; if the
neighboring buildings and
facilities have been damaged, the
compensation shall be made for the loss. |
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Article 49 If a design unit, in violation of the first section of
Article 15 of these regulations, has failed to have design
documents meet the safety requirements for the operation of the
constructions work and led to an
accident with casualties, the
responsible department may impose a fine as much as 50-100% of
the
charge for design; if the case is serious, the responsible
department may limit the unit' s range of designing,
reduce its
design qualification level, and revoke its design qualification
certificate as a last
resort. |
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Article 50 If an enterprise undertaking the construction work, in
violation of Article 26 of these regulations, has not applied
for examination of the safety preconditions or it has started
the construction work in spite of
the failure to pass the
examination, the responsible department shall order the
construction project
to stop, and also impose a fine of more
than 30,000 but less than 50,000 RMB. |
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Article 51 If an enterprise undertaking the construction work, in
violation of Article 27 of these regulations, has failed to
follow the rules in its operation or the safety protection for
the construction work is not up
to the standard, the responsible
department shall order it t make a correction by a deadline; if
the correction has not been done after the deadline or the
correction does not meet the standard, the responsible
department may order the construction project to stop and also
impose a fine of more than 30,000
but less than 50,000 RMB. |
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Article 52 If an enterprise undertaking the construction work, in
violation of Article 30 of these regulations, has not applied
to
the safety supervising agency for the check and acceptance of
the safety standards or it has
started the construction work in
spite of the failure to pass the check-and-acceptance procedure,
the responsible department shall order it to make a correction
by a deadline; if the correction has not been
done after the
deadline or the correction does not meet the standard, the
responsible department
may order the construction work to stop
for 1-3 days and also impose a fine of more than 30,000 but less
than 50,000 RMB. |
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Article 53 If a construction unit or an enterprise undertaking the
construction work, in violation of Article 33 of these
regulations, has put the construction work site into other use,
the responsible department shall
order it to make a correction
and also impose a fine of more than 50,000 but less than 100,000
RMB. |
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Article 54 If an enterprise undertaking the construction work, in
violation of Articles 34, 35, 36, 37, 38, 39 of these
regulations, has failed to have the construction work site meet
the safety standards, the responsible
department shall order it
to make a correction by a deadline; if the correction has not
been done
after the deadline or the correction does not meet the
standard, the responsible department may continue to order
it to
make a correction and also impose a fine of more than 30,000 but
less than 50,000 RMB. |
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Article 55 If an
enterprise undertaking the construction work, in violation of
these regulations, falls into
one of the following cases, the
responsible department shall inflict a punishment: |
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(1)
in case of the accident of the construction work which
has 1-2 people seriously injured, the construction project
shall
be ordered to stop for 3-5 days; |
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(2)
in case of a serious
accident of level 4, the responsible department shall order the
construction
project to stop for 7 days, temporarily withhold
the qualification certificate for undertaking the construction
work for 30-60 days;
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(3)
in case of a serious
accident of level 3 and above, the construction project shall be
ordered to
stop for 7 days, the qualification certificate for
undertaking the construction work shall be withheld for 60-90
days, the range of the enterprise' s operations may also be
limited and the level of the enterprise
qualification shall be
reduced for one year;
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(4)
in case of repetition of
the similar accidents in one year, the construction project
shall be ordered
to stop for 10 days and the qualification
certificate for undertaking the construction work shall be
withheld for 60-90 days;
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(5)
in case of cover-up, false
reporting, destroying the scene of the accident or rejecting the
investigation
and refusing to provide the related information
and materials without justifiable reasons after the accident
occurs, a punishment shall be inflicted according to Item (4) of
this article.
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Article
56 The
responsible department shall inflict an administrative
punishment |
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on
the direct responsible persons in violation of these regulations
according to how serious the
case is; if there is a criminal
offence, the criminal responsibility shall be ascertained
according
to law by the judicial department. |
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Article 57 If any staff member of the responsible department or the
safety supervising agency has failed to fulfill duties,
abused
power, neglected responsibilities, practiced favoritism and
engaged in irregularities, the
related departments shall
ascertain administrative responsibilities; if there is a
criminal offence,
the criminal responsibility shall be
ascertained according to law by the judicial department. |
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Article 58 If the party concerned has a complaint about the
punishment inflicted by the district responsible department, an
application may be filed to the municipal responsible department
for review within 15 days after
receiving the punishment
decision; if there is a complaint about the punishment inflicted
by the
municipal responsible department, an application may be
filed to the municipal government for review within 15 days
after receiving the punishment decision. |
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If the party concerned has a complaint about the review
decision made by the municipal government or the municipal
responsible department, an appeal may be lodged with the
people' s court within 15 days after receiving
the review
decision. The party concerned may also appeal directly to the
people' s court within
15 days after receiving the punishment
decision. During the period of applying for review and making an
appeal, the party concerned shall implement the original
administrative punishment decision. If the party
concerned has
not implemented the original administrative punishment decision
while failing to
apply for review or to appeal at the same time,
the responsible department may apply to the people' s court for
coercive implementation. |
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Chapter VIII
Supplementary Provisions
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Article 59 These
regulations shall take effect as of May 1, 1998. |
