Chapter I General Article 1 (purpose and basis) Chapter II Production, Storage and Use of Hazardous Chemicals Article 11 (Planning for Production and Storage) Article 32 (Transportation Unit Qualification) Article 51 (Pension for illegal production, storage and use) Chapter VI Supplementary Provisions Article 58 (Risk Mortgage) 　　 annex: Shanghai Municipality, Department of Dangerous Chemical Safety Management, Department of Responsibilities According to the Law of the People's Republic of China on Safety Production, the Regulations on the Safety Management of Dangerous Chemicals, the Regulations on Safe Production License and the Measures for the Administration of Safety of Hazardous Chemicals in Shanghai, etc., the relevant administrative departments are responsible. The main division of responsibilities for the safety management of hazardous chemicals is as follows: Medical Mouth Mask,Cute Medical Masks,Breathing Mask Medical,Reusable Medical Face Mask Wuxi Kanghe Medical Consulting Co., Ltd. , https://www.jskanghe.com
In order to strengthen the safety management of hazardous chemicals, safeguard people's lives and property, and maintain social public safety, in accordance with the "Safety Production Law of the People's Republic of China", "Regulations on the Safety Management of Dangerous Chemicals" and other relevant laws and regulations, combined with the actual situation of the city, Formulate these measures.
Article 2 (Scope of application)
These Procedures apply to the production, operation, storage, transportation, use and disposal of hazardous chemicals in hazardous chemicals within the administrative area of ​​this Municipality, and their related safety supervision and management activities.
The types of hazardous chemicals shall be implemented in accordance with national standards and the catalogues regularly published by relevant state departments.
These measures are not applicable to the safe management of civil explosives, radioactive materials, nuclear energy substances, urban gas, and the safe management of hazardous chemical pipelines.
Article 3 (Unit Responsibility)
Units that produce, operate, store, transport, use hazardous chemicals and dispose of hazardous chemicals (hereinafter collectively referred to as hazardous chemicals units) shall engage in activities related to hazardous chemicals in accordance with the requirements of relevant laws, regulations, rules and technical standards. And handle the registration procedures for dangerous chemicals in accordance with the law.
The person in charge of the hazardous chemical unit shall organize the development of the safety management system and operating procedures for the hazardous chemicals of the unit, ensure the effective implementation of various safety management measures, and be responsible for the safety of the hazardous chemicals in the unit.
Article 4 (Administrative Department Responsibilities)
The municipal, district, and county safety production supervision and administration departments shall be responsible for the comprehensive supervision and management of the safety of hazardous chemicals within their respective administrative regions, and organize the implementation of these Measures.
The administrative departments of public security, urban transportation, ports, maritime affairs, quality and technical supervision, environmental protection, industry and commerce, health, postal services, railways, civil aviation, etc. are responsible for the supervision and management of the safety of hazardous chemicals within their respective functions and responsibilities.
Other relevant administrative departments and industry authorities shall do a good job in the safety management of hazardous chemicals in accordance with their respective duties.
Article 5 (Responsibilities of the District and County People's Government)
The district and county people's governments shall establish a supervision mechanism for the safety management of hazardous chemicals within their respective administrative regions, coordinate and solve major problems in the safety management of hazardous chemicals, and be responsible for the relevant organization work for emergency rescue of hazardous chemical accidents.
Article 6 (Information Circular)
Administrative departments of safety production, public security, urban transportation, ports, maritime affairs, quality and technical supervision, environmental protection, industry and commerce, health, postal services, railways, civil aviation, etc., and relevant departments of industry shall promptly notify each other of the administrative licensing and supervision of the safety management of hazardous chemicals. Check the information about the implementation.
Article 7 (Information Release)
The municipal safety production supervision and administration department shall, in conjunction with the relevant departments, timely publish the laws, regulations, rules and technical standards concerning the safety management of hazardous chemicals in the State and this Municipality, regularly publicize the relevant knowledge on the safety protection of hazardous chemicals, and publish the relevant documents in a timely manner. The implementation of safety management of hazardous chemicals and relevant information on major accidents of hazardous chemicals, and the publication of social supervision and reporting telephones.
Article 8 (Emergency Emergency Rescue Plan)
In the event of a dangerous chemical accident, all relevant departments and units shall, in accordance with the accident emergency rescue plan, timely organize and carry out rescue work such as rescue of the victim, control of the spread of the hazard, and elimination of the consequences of the hazard.
The emergency rescue plan for dangerous chemical accidents in this Municipality shall be formulated by the municipal safety production supervision and management department and submitted to the municipal people's government for approval, and then incorporated into the overall emergency plan for public emergencies in this Municipality.
The unit of dangerous chemicals shall formulate the accident emergency rescue plan of the unit and report it to the safety production supervision and management department and other relevant departments. Units engaged in the production and storage of hazardous chemicals and those engaged in the production of hazardous chemicals shall organize an emergency rescue drill every six months; other units of dangerous chemicals shall organize an emergency rescue drill every year.
The safety production supervision and management department and other relevant departments shall provide guidance and supervision on the formulation and exercise of the emergency rescue plan for hazardous chemical unit accidents.
Article 9 (Reporting and Reward)
Any unit or individual that discovers violations of the safety management regulations for hazardous chemicals has the right to report to the safety production supervision and management department or other relevant departments.
If the report is true, the safety production supervision and management department or other relevant departments shall be rewarded.
Article 10 (Industry Association)
Relevant industry associations are encouraged to provide safety training, technical consultation and guidance services to hazardous chemical units, and promote the application of advanced technologies for safe production.
The city implements unified planning, rational layout and strict control of the production and storage of hazardous chemicals.
The layout plan for the production and storage of hazardous chemicals in this Municipality shall be formulated by the municipal competent economic department in conjunction with the relevant departments of the city's production safety and planning, and shall be implemented after being reported to the Municipal People's Government for approval.
Except for gas stations and gas stations of transportation vehicles, it is forbidden to build or expand the production and storage projects of dangerous chemicals within the scope of this city center and new city.
New hazardous chemicals production and storage projects shall be carried out in industrial parks or other professional areas; production facilities for hazardous chemicals and storage facilities that constitute major hazards shall be concentrated in industrial parks or other specialized areas as planned.
Article 12 (Approval of Production and Storage Enterprises)
The establishment of hazardous chemicals production and storage enterprises and their reconstruction and expansion shall comply with the conditions stipulated by the State and shall go through the examination and approval procedures with the safety production supervision and administration department.
Small-scale dangerous chemical production enterprises shall not set up production sites outside the district where the enterprise is registered or outside the county.
Article 13 (Approval Department)
The establishment of hazardous chemicals production and storage enterprises and their reconstruction and expansion shall be examined and approved by the municipal safety production supervision and administration department if one of the following circumstances occurs:
(1) constituting a major source of danger;
(2) Producing and storing highly toxic chemicals;
(3) Production and storage projects invested by enterprises affiliated to the relevant state departments.
In addition to the provisions stipulated in the preceding paragraph, the establishment of hazardous chemicals production and storage enterprises and their reconstruction and expansion shall be submitted to the municipal safety production supervision and administration department for examination and approval after the district/county safety production supervision and management department submits the review opinions.
Article 14 (Other licenses for production and storage)
Hazardous chemical production enterprises shall obtain production licenses for hazardous chemicals and safety production licenses for enterprises in accordance with relevant state regulations.
In the case of new construction, reconstruction or expansion of dangerous chemicals production and storage projects, the design review and completion acceptance procedures for construction project safety facilities shall be handled in accordance with relevant state regulations.
Article 15 (Safety System and Staffing)
Hazardous chemical production and storage enterprises and units that use hazardous chemicals for production shall establish safety management systems and safety management institutions, and shall have full-time safety production management personnel in the production workshops and storage areas, and part-time safety production management personnel in the operation teams.
Safety production management personnel shall participate in safety training in accordance with relevant state regulations and pass the examination of the municipal safety production supervision and administration department.
Article 16 (Signage and illustration)
Hazardous chemical production and storage enterprises and units that use hazardous chemicals for production shall set up signs and diagrams at the workplace to inform the layout of the workplace and safety responsibilities, operational specifications, operational hazards, and emergency measures.
The setting rules for the signs and diagrams specified in the preceding paragraph shall be formulated by the municipal safety production supervision and administration department.
Article 17 (Safety Facilities, Equipment and Devices)
Hazardous chemical production and storage enterprises and units using hazardous chemicals shall, in accordance with relevant state regulations and technical standards, set up corresponding safety facilities, equipment and devices for fire prevention, explosion prevention, anti-virus, anti-static, monitoring, alarm, etc., and carry out regular maintenance. Maintenance and testing, and make relevant records. Relevant records should be kept for more than 3 years.
Article 18 (Monitoring of Major Hazard Sources)
Hazardous chemical production and storage enterprises and units using hazardous chemicals shall establish a major hazard source monitoring system to conduct 24-hour real-time monitoring of relevant technical parameters such as relevant sites, facilities and their temperature and pressure.
Article 19 (Safety Evaluation of Production Equipment and Storage Facilities)
Hazardous chemical production and storage enterprises and units using hazardous chemicals shall, in accordance with relevant state regulations, regularly entrust safety assessment agencies with corresponding qualifications to production facilities and storage facilities for safety evaluation.
Hazardous chemical production and storage enterprises and units using hazardous chemicals shall promptly take corrective measures according to the results of safety assessment, and report the safety evaluation report and rectification to the safety production supervision and management department.
Article 20 (Detection of explosion-proof facilities and equipment)
Hazardous chemical production and storage enterprises and units using hazardous chemicals shall entrust a testing institution with corresponding qualifications to conduct an inspection of explosion-proof facilities and equipment of inflammable and explosive places every three years.
Hazardous chemical production and storage enterprises and units using hazardous chemicals shall promptly take corrective measures according to the test results, and report the test report and rectification to the safety production supervision and management department for the record.
Article 21 (Management of packaging and containers)
The packaging materials and containers of dangerous chemicals shall be produced by designated professional enterprises that have been examined and approved by the municipal safety production supervision and administration department, and shall be tested and qualified by professional institutions with corresponding qualifications.
Article 22 (Storage Management)
Hazardous chemicals should be stored in dedicated warehouses, special sites or dedicated storage rooms (hereinafter collectively referred to as dedicated warehouses), and classified and stored separately according to the storage methods, storage quantities and safety distances stipulated by relevant technical standards. It is forbidden to store dangerous chemicals in combination with contraindications.
Special warehouses for hazardous chemicals shall meet the requirements of relevant technical standards for safety and fire protection, and shall be clearly marked and managed by special personnel. The entry and exit of hazardous chemicals should be checked and registered and checked regularly.
The safety management regulations of schools, hospitals, research institutes and other units that store small quantities of dangerous chemicals shall be formulated by the municipal safety production supervision and management department in conjunction with relevant departments.
Article 23 (Management of Special Sites)
In the case of hazardous chemical storage tank maintenance, tanker cleaning or operation in a place where toxic and harmful gases may be generated, the following provisions shall be observed:
(1) Formulating a safe operation plan and an accident emergency rescue plan, and after the approval of the person in charge of the enterprise, go through relevant procedures to the relevant department according to law;
(2) Adopting effective measures such as isolation and ventilation, and analyzing and monitoring the safety of the working environment;
(3) There are more than two guardians and equipped with necessary communication and rescue equipment; (4) The workers correctly use the labor protection articles that meet the national standards.
Article 24 (Disposal Management)
The disposal of discarded hazardous chemicals shall be carried out in accordance with the Law on the Prevention and Control of Environmental Pollution by Solid Wastes and relevant state regulations. The environmental protection department shall supervise the disposal of discarded hazardous chemicals.
Hazardous chemicals units should dispose of hazardous chemicals in a timely manner. If it is unable to dispose of itself, it shall entrust a professional unit with corresponding qualifications to dispose of it on its behalf; the required expenses shall be borne by the unit that produces the discarded hazardous chemicals.
The discarded hazardous chemicals discovered and collected by the relevant departments in the administrative activities shall be commissioned by the professional department with corresponding qualifications by the department that discovers or collects, and the disposal expenses may be recovered from the relevant responsible persons.
Discarded hazardous chemicals handed over by the public shall be received by the public security department according to law, and professional units with corresponding qualifications shall be entrusted to dispose of them.
Chapter III Operation of Dangerous Chemicals Article 25 (Business License)
The establishment of a dangerous chemicals business enterprise shall meet the conditions stipulated by the state and apply to the safety production supervision and administration department for obtaining a business license.
Where a dangerous chemical business enterprise has more than two business premises, it shall separately handle the business license.
The dangerous chemicals business licenses are divided into two types, A and B, according to the business scope stipulated by the state. A dangerous chemicals business enterprise shall engage in business activities within the scope of its business license.
Article 26 (Approval Department)
A dangerous chemicals business license shall be examined and approved by the municipal safety production supervision and administration department.
The license for the operation of the Class B dangerous chemicals shall be submitted to the municipal safety production supervision and administration department for examination and approval and issuance after the district/county safety production supervision and management department submits the review opinions.
Article 27 (Storage Management of Business Enterprises)
Hazardous chemicals management enterprises shall store hazardous chemicals in special warehouses in accordance with the provisions of Article 22 of these Measures.
Enterprises engaged in the retail of dangerous chemicals may store dangerous chemicals in small packages of civilians in their premises, but the total amount shall not exceed the limit set by the state.
Article 28 (Gas station, gas station of transportation vehicles)
The gas station and the gas station of the transportation vehicle should be provided with a total power cut-off device. If the gas station and gas station of the transportation vehicle do not meet the fire safety distance regulations and cannot be removed or migrated, the barrier explosion-proof technology shall be adopted.
Article 29 (Retail Distribution System)
Where a dangerous chemical business enterprise retails inflammable, explosive, and highly corrosive chemicals to residents, schools, hospitals, research institutes, etc., it shall carry out centralized distribution by units with dangerous chemicals transportation qualifications.
Article 30 (purchasing and sales of highly toxic chemicals)
Where a unit purchases highly toxic chemicals, it shall apply to the public security department for the purchase certificate.
Hazardous chemicals management enterprises shall not sell highly toxic chemicals to units that do not have a certificate of purchase, and shall not sell highly toxic chemicals other than pesticides, rodenticides and insecticides to individuals.
Article 31 (Sales and Monthly Reporting System)
Where a dangerous chemical business enterprise sells highly toxic chemicals and highly corrosive chemicals, it shall record the basic information of the purchasing unit and the purchasing personnel as well as the name, quantity and use of the highly toxic chemicals and strong corrosive chemicals purchased. Relevant records should be kept for more than 1 year.
Where a dangerous chemical business enterprise sells highly toxic chemicals, it shall submit relevant sales records to the public security department every month; if it retails highly corrosive chemicals, it shall submit relevant retail records to the safety production supervision and management department every month.
Chapter IV Transportation of Hazardous Chemicals
The road transport enterprises of dangerous chemicals (including the units that use their own vehicles to transport dangerous chemicals for their own units, the same below) shall meet the conditions stipulated by the State and the first paragraph and the thirty-fourth Article of Article 33 of these Measures. Specific provisions of relevant conditions, and apply to the city's urban traffic management department to obtain the corresponding qualifications.
The water transport enterprises of dangerous chemicals shall comply with the conditions stipulated by the State and the specific provisions on the relevant conditions in the second paragraph of Article 33 of these Measures, and apply to the municipal port management department for the corresponding qualifications.
Article 33 (Transportation)
Hazardous chemical road transport enterprises shall have special vehicles that comply with relevant technical standards, and shall be equipped with vehicle satellite positioning systems, as well as facilities, equipment for safety protection, environmental protection and fire protection.
Hazardous chemical water transport enterprises shall have ships that meet the requirements of national transportation capacity, safety technology and equipment, and shall be equipped with a shipborne satellite positioning system.
The facilities and equipment such as on-board and ship-borne satellite positioning systems specified in this Article shall be included in the scope of regular inspection of special vehicles and ships.
Article 34 (Special parking lot)
The road transport enterprise of hazardous chemicals shall have a dedicated parking lot suitable for the transportation scale. For transportation of highly toxic chemicals and Class I packaging hazardous chemicals as prescribed by the State, corresponding special parking areas shall be delineated and obvious warning signs shall be set.
No special parking lots for dangerous chemicals shall be established within the city center and the new city; if they have been established, they shall be relocated according to the plan.
Article 35 (Transportation Professionals)
Drivers, crew members, loading and unloading management personnel, and escort personnel (hereinafter collectively referred to as transportation professionals) engaged in the transportation of dangerous chemicals shall pass relevant safety knowledge training and pass the examination and obtain corresponding qualification certificates.
If a professional engaged in the road transport of dangerous chemicals replaces the employee, the replacement unit shall handle the change registration with the municipal urban traffic management department.
Article 36 (registration and registration)
Where the road transport enterprises of dangerous chemicals in other provinces and cities are engaged in the transportation of dangerous chemicals in Shanghai, they shall hold the enterprise qualification certificate and relevant certification materials in accordance with the provisions of Article 33, paragraph 1 and Article 34 of these Measures. The urban traffic management department will file the record.
Article 37 (Transport Monitoring)
Dangerous chemical roads and waterway transport enterprises shall conduct monitoring of the transportation of dangerous chemicals transport vehicles and ships through satellite positioning systems to ensure that vehicles and ships are transported according to the specified time and route.
The urban traffic and port management departments shall, in accordance with their respective duties, supervise and inspect the whole process of monitoring the transportation of dangerous chemicals.
Article 38 (Shipper’s Responsibilities)
Shippers of hazardous chemicals should comply with the following regulations:
(1) Checking the carrier's dangerous chemicals transportation qualification certificate, and copying it together with the shipping document;
(2) Providing the carrier with a safety technical specification for hazardous chemicals, and notifying the name, quantity, hazard characteristics, emergency disposal measures, etc. in writing;
(3) No dangerous chemicals may be entrained in ordinary goods, and dangerous chemicals may not be reported or misreported as ordinary goods.
Article 39 (Carrier's Responsibilities)
Carriers of hazardous chemicals should comply with the following regulations:
(1) Checking the shipper's license for the production, storage and operation of dangerous chemicals, and copying them together with the shipping documents after copying, and transporting dangerous chemicals for units without corresponding licenses;
(2) Checking the name and quantity of the dangerous chemicals before loading, and checking the packaging, and not carrying dangerous chemicals that are damaged or fail to meet the packaging requirements;
(3) Loading and unloading according to relevant state regulations and relevant technical standards, loading hazardous chemicals not exceeding the specified load and limit, and mixing dangerous chemicals with ordinary goods;
(4) setting a uniform safety warning sign at the specified position of the transport vehicle or ship;
(5) The dangerous chemicals to be transported shall not be transferred to other units or individuals for transportation;
(6) Compliance with other regulations of the State and this Municipality on the safe management of hazardous chemicals transportation.
Article 40 (Responsibilities of Transport Agent Operators)
The transport agent operator shall check the shipper's dangerous chemicals production, storage, business license and the carrier's dangerous chemicals transport qualification certificate. After copying, they shall be kept together with the freight document, and shall not be without the corresponding license or qualification certificate. The unit provides transportation agency services for hazardous chemicals.
Article 41 (Responsibility of the sending and receiving units)
When a hazardous chemical unit sends and receives dangerous chemicals, it shall check the carrier's transport vehicle or the ship's operating certificate and the qualification certificate of the transportation professional. After copying, it shall be kept together with the shipping document. To receive dangerous chemicals from other provinces and cities that are transported to Shanghai, they should also check the records of their inspections at designated crossings, and copy them together with the shipping documents.
When a dangerous chemical unit sends and receives dangerous chemicals, if any of the following circumstances is found, it shall immediately take corresponding safety measures and report to the safety production supervision and management department; the safety production supervision and administration department shall promptly notify the public security, urban traffic, and port. Or the maritime department investigates:
(1) There is no operating certificate for the transportation vehicle or the ship, or the transportation professional does not have the corresponding qualification certificate;
(2) loading dangerous chemicals in excess of the specified load or limit, or mixing dangerous chemicals with ordinary goods;
(3) entraining dangerous chemicals in ordinary goods, or concealing or reporting false chemicals as ordinary goods;
(4) From the roads of other provinces and cities to Shanghai, without inspection of the designated crossings.
Article 42 (Notification and Declaration)
Where a dangerous chemical unit purchases or sells dangerous chemicals to other provinces and cities and is responsible for transportation by other provinces and municipalities, it shall inform the relevant provisions of the municipal hazardous chemicals transportation management in writing, and keep relevant records in writing.
If a dangerous chemical unit purchases or sells flammable, explosive or highly corrosive chemicals to the provinces and municipalities, it shall report the name of the carrier, the name and quantity of the dangerous chemicals, the origin of the transportation, and the transportation to the public security department or the maritime department 24 hours in advance. Route and time, etc.
Article 43 (Road transportation route and time)
The municipal public security department shall, in conjunction with the municipal safety production, urban transportation, environmental protection, municipal administrations and other departments, determine the areas, roads and time that the dangerous chemicals transportation vehicles in this Municipality are prohibited from passing through.
If it is necessary to enter the prohibited passage area or road due to special circumstances such as the destination of transportation, it shall report to the public security department in advance, and the public security department shall specify the driving route and time, and issue a temporary passage certificate.
Article 44 (Special Weather Road Transport)
From June 15th to October 15th, it is forbidden to carry out road transportation of dangerous chemicals such as inflammables and explosives from 10:00 am to 4:00 pm.
In case of severe weather, the municipal public security department may, in conjunction with the municipal safety production, urban transportation and other relevant departments, issue a temporary embargo announcement on the roads of dangerous chemicals such as inflammables and explosives.
The types of dangerous chemicals such as inflammable and explosive substances specified in this Article shall be determined by the municipal safety production supervision and administration department in conjunction with the municipal public security and urban traffic management departments.
Article 45 (Road transportation of highly toxic chemicals)
Road transport of highly toxic chemicals shall, in accordance with relevant state regulations, apply to the public security department for the transport of highly toxic chemicals, and according to the vehicle, driver, escort, loading quantity and designated route, time and speed specified in the transport pass. transport.
Article 46 (crossing inspection)
Transportation of dangerous chemicals vehicles into and out of the city shall be subject to inspection at designated crossings.
The crossing inspection personnel of the urban traffic management department shall inspect the vehicle's operating certificate and the qualification certificate of the transportation professional, and affix the verification signature to the transportation document or issue other verification certificates; the traffic inspection personnel of the public security department shall check the vehicle loading. The situation, and inform the city of the area, roads and time prohibited.
For vehicles that fail to set a uniform safety warning sign as required, the urban traffic management department shall order it to immediately correct it; for vehicles without operating documents or other valid certificates, the urban traffic management department shall temporarily detain it and cooperate with the safety production supervision and administration department. Timely safe disposal; for overload, over-limit, mixed, entrained, concealed, and reported dangerous chemicals, the public security department and the safety production supervision and management department shall promptly carry out safe disposal.
The designated crossings specified in this Article shall be determined by the municipal safety production supervision and administration department in conjunction with the municipal urban transportation, public security and other relevant departments.
Article 47 (Management and Navigation of Ships)
Ships carrying dangerous chemicals shall comply with the State's safety technical specifications for stowage and isolation of hazardous chemicals.
Tankers entering and leaving the waters of the Huangpu River and bulk carriers carrying flammable and explosive chemicals shall comply with the requirements of the Type II ships required by the State or be equipped with corresponding safety protection devices, and shall go through navigation or escort procedures to the maritime affairs department.
The maritime department may exercise total control over the transport of dangerous chemicals in the waters of the city.
Article 48 (Prohibition and Restriction of Waterway Transportation)
It is forbidden to transport highly toxic chemicals and other dangerous chemicals prescribed by the state in the Huangpu River and inland waters.
In case of severe weather, the maritime department may issue an announcement prohibiting or restricting the tanker and bulk carriers carrying flammable and explosive chemicals to sail in the waters of the Huangpu River.
Tankers and bulk carriers carrying flammable and explosive chemicals are prohibited from sailing in the prescribed 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 department in conjunction with the municipal port administration.
Article 49 (Port Entry and Exit and Operation)
Where a ship carries dangerous chemicals into or out of a port or dock, it shall go through the declaration formalities with the port administration department in accordance with relevant state regulations.
Those engaged in port operations of dangerous chemicals shall obtain corresponding qualifications in accordance with relevant state regulations and go through the reporting procedures with the port management department.
Article 50 (Railway, Civil Aviation and Postal Administration)
The transportation of dangerous chemicals by rail or civil aviation or the mailing of dangerous chemicals shall be carried out in accordance with relevant state regulations.
Chapter V Legal Liability
The production and storage enterprises of dangerous chemicals and the units that use dangerous chemicals are in violation of the provisions of these Measures. If one of the following circumstances occurs, the safety production supervision and administration department shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan:
(1) failing to set signs and icons in the workplace as required;
(2) failing to inspect or rectify the explosion-proof facilities and equipment as required, or failing to submit the inspection and rectification to the record;
(3) Engaging in the inspection of dangerous chemical storage tanks, tanker cleaning or working in places where toxic and harmful gases may be generated, and failing to adopt safety management measures as required.
Where the production and storage enterprises of hazardous chemicals and the units engaged in the production of hazardous chemicals are not equipped with safety production management personnel in the production workshops, storage areas or operation teams in accordance with the provisions of these Measures, the safety production supervision and management department shall order them to make corrections and impose a penalty of 5,000 yuan. The above fine of 20,000 yuan or less.
Article 52 (Penalty for illegal business operations)
If a dangerous chemical business enterprise retails inflammable, explosive, and highly corrosive chemicals to residents or schools, hospitals, research institutes, etc., if it fails to implement centralized distribution according to the regulations, the safety production supervision and management department shall order it to correct it and impose a price of more than 5,000 yuan. A fine of less than 30,000 yuan.
If the dangerous chemicals business enterprise fails to record the relevant information on the sale of strong corrosive chemicals according to the regulations, or fails to submit the sales records of highly toxic chemicals and strong corrosive chemicals in accordance with the regulations, the safety production supervision and management department or the public security department shall follow the instructions. The division of responsibilities, ordered to correct, imposed a fine of 10,000 yuan to 50,000 yuan.
If the gas station or gas station of the transportation vehicle is not equipped with the main power cut-off device, or if the explosion-proof technology is not used as required, the safety production supervision and management department shall order it to correct it and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan.
Article 53 (Penalty for violation of transportation monitoring and registration change regulations)
If the roads or waterway transport enterprises of dangerous chemicals fail to carry out the whole process of monitoring the transportation of dangerous chemicals transport vehicles or ships through the satellite positioning system as required, the urban traffic and port management departments shall, in accordance with the division of responsibilities, order corrections and impose a fine of 20,000 yuan or more. A fine below the yuan.
If the road transport enterprise of dangerous chemicals fails to go through the formalities for change registration for the transportation professionals who replace the employees, the urban traffic management department shall order it to correct it and impose a fine of 1,000 yuan or more and 5,000 yuan or less.
Article 54 (Violation of the penalties for consignment, carriage, transmission and reception)
In case of any violation of the provisions of these Measures, the safety production supervision and administration department shall 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 check the carrier's dangerous chemicals transportation qualification according to the regulations, and keeps it together with the shipping document after copying;
(2) When the dangerous chemicals unit sends and receives dangerous chemicals, the transportation vehicle, the ship's operating certificate or the qualification certificate of the transportation professional is not checked, and it is retained together with the shipping document after copying;
(3) The receiving unit of the dangerous chemicals receives the dangerous chemicals that have been transported to Shanghai by roads from other provinces and cities, and fails to check the records of the inspections at the designated crossings as required, and keeps them together with the shipping documents after copying;
(4) When a dangerous chemical unit sends and receives dangerous chemicals, it finds that the illegal act has not taken proper measures or reported it to the relevant department.
If the dangerous chemicals unit purchases or sells dangerous chemicals to the provinces and cities, fails to notify the relevant provisions of the city on the transportation of dangerous chemicals in accordance with the provisions, and saves the notification records, the safety production supervision and management department shall order it to make corrections and may be punished by 1,000 yuan. A fine of not more than 5,000 yuan.
If the dangerous chemicals unit purchases or sells flammable, explosive and highly corrosive chemicals to the provinces and cities, and fails to declare the relevant transportation arrangements in advance according to the regulations, the public security department or the maritime department shall, according to the division of responsibilities, order the corrections and impose a fine of 5,000 yuan or more. A fine of less than 30,000 yuan.
If the carrier violates the provisions of these Measures and transfers the dangerous chemicals to be transported to other units or individuals, the urban traffic management department or the maritime department shall, in accordance with the division of responsibilities, order the correction and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan.
Article 55 (Penalty for violation of the road embargo and the passage of designated crossings)
The road transport enterprise of dangerous chemicals violates the provisions of these Measures. If any of the following circumstances occurs, the public security department shall order it to correct it and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan:
(1) Violation of the special weather road embargo regulations;
(2) The vehicle enters and exits the city without a designated crossing.
Article 56 (Penalty for Violation of Waterway Transportation Regulations)
If a dangerous chemical waterway transport enterprise violates the provisions of these Measures and its tanker or bulk carrier carrying flammable or explosive chemicals has one of the following circumstances, the maritime department shall order it to correct it and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan:
(1) Navigating in the waters of the Huangpu River, failing to meet the requirements of the Type II ship specified by the State or configuring corresponding safety protection devices;
(2) Violation of the prohibition or restriction of transportation regulations for severe weather;
(3) Sailing in the prescribed waters upstream of the Yangpu Bridge on the Huangpu River at night.
Article 57 (Related Penalty Provisions)
Penalties shall be imposed for other acts in violation of these Measures in accordance with the provisions of relevant laws, regulations and rules.
The city implements a risk mortgage system for hazardous chemicals units in accordance with relevant state regulations. If a dangerous chemical unit is insured for commercial safety liability insurance, it may no longer pay the risk deposit.
The specific implementation measures for risk mortgages shall be formulated separately by the municipal safety production supervision and management department in conjunction with relevant departments in accordance with relevant state regulations.
Article 59 (Date of implementation and abolition of matters)
These Measures shall come into force on April 1, 2006. The Measures for the Administration of Safety of Chemical Dangerous Goods in Shanghai issued by the Shanghai Municipal People's Government on February 18, 1982, issued by the Shanghai Municipal People's Government Order No. 85 on July 31, 2000, and according to the Shanghai People's Government on June 24, 2004 The Measures for the Supervision and Control of the Production of Chemical Dangerous Goods in Shanghai, as amended by the government's decision to amend the Regulations on the Safety of Production of Chemical Dangerous Goods in Shanghai and Other 32 Municipal Government Regulations and Normative Documents, shall be abolished at the same time.
1. The Municipal Safety Production Supervision Administration (1) is responsible for the comprehensive supervision and management of the safety of hazardous chemicals.
(2) Responsible for the administrative licensing of the production, storage and operation of hazardous chemicals.
Review and issue safety production safety licenses for hazardous chemicals; review and issue licenses for the operation of hazardous chemicals; conduct safety review on the establishment, reconstruction and expansion of hazardous chemical production and storage enterprises; and construction and storage of hazardous chemicals Safety facilities shall be reviewed and accepted for design; professional production enterprises of dangerous chemical packaging materials and containers (including tanks for transportation vehicles) shall be examined and designated; the main responsible persons of hazardous chemicals units and safety production management personnel shall be assessed. Supervise and manage the above administrative licensing items.
(3) Responsible for the supervision and management of the production, storage, use and operation of hazardous chemicals.
To organize the establishment of safety management regulations for the production, storage, use and operation of hazardous chemicals; to be responsible for the registration of hazardous chemicals; to supervise and manage the production and storage safety of highly toxic chemicals and other dangerous chemicals that constitute a major source of danger; Supervise and inspect the safety evaluation and rectification of production, storage and use units of hazardous chemicals, and supervise and inspect the explosion-proof facilities, equipment testing and rectification of hazardous chemicals production, storage and use units; Inspection of the safe production of production, storage, use and business units; organization and implementation of special safety management of hazardous chemicals; supervision and inspection of the rectification of major accidents in the production, storage, use and operation of hazardous chemicals.
(4) It shall, in conjunction with the relevant departments, determine the entry and exit of dangerous chemicals transport vehicles into and out of the city.
(5) Cooperating with relevant departments to release relevant information on the safety management of hazardous chemicals; publicizing relevant knowledge on the safety protection of hazardous chemicals; and implementing incentives for units and individuals that report violations of the safety management of hazardous chemicals.
(6) Responsible for the related work of emergency rescue and accident investigation and handling of hazardous chemical accidents.
Organize the formulation of emergency rescue plans for hazardous chemical accidents, and report them to the Municipal People's Government for approval; conduct guidance and supervision on the formulation and exercise of accident emergency rescue plans for hazardous chemical units; investigate and handle dangerous chemical production safety accidents.
2. The Municipal Public Security Bureau (1) is responsible for the administrative licensing of public safety management of hazardous chemicals.
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