Regulations on the Administration of Work Safety of Construction Projects
Regulations on the Administration of Work Safety of Construction Projects
Regulations on the Administration of Work Safety of Construction Projects
Order of the State Council [2003] No.393
November 24, 2003
The Regulations on the Administration of Work Safety of Construction Projects has been adopted at the 28th executive meeting of the State Council on November 12, 2003, which is hereby promulgated and shall come into force on February 1, 2004.
Premier: Wen Jiabao
Appendix: Regulations on the Administration of Work Safety of Construction Projects
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Construction Law of the People's Republic of China and the Work Safety Law of the People's Republic of China for the purposes of strengthening the supervision and administration of the work safety of construction projects and safeguarding the safety of the life and property of the people.
Article 2 These Regulations shall apply to the newly-built, expanded, renovated and demolished construction projects and related activities within the territory of the People's Republic of China and the implementation of supervision and administration of the work safety of construction projects.
"Construction Projects" in these regulations refer to civil works, construction works, works relating to installation of wires, pipelines and equipments and renovation works.
Article 3 The administration of the work safety of construction projects shall uphold the principle of "safety first with priority in prevention".
Article 4 The development units, survey units, design units, construction units, supervision units and other units relating to the work safety of construction projects must comply with the provisions of the laws and regulations on work safety, guarantee the work safety of construction projects and legally assume the responsibilities for the work safety of construction projects.
Article 5 The State encourages the science and technology studies of the work safety of construction projects and the promotion and application of advanced technologies to advance the scientific administration of the work safety of the construction projects.
Chapter II Safety Responsibilities of Construction Projects
Article 6 The development units shall provide the construction areas with the materials of underground pipelines for water supply, drainage, electricity supply, gas supply, heat supply, telecommunications and radio and television within the construction sites and adjacent areas, the meteorological materials and hydrologic observation materials, and materials relating to the adjacent buildings and structures and underground engineering, and shall ensure the authenticity, accuracy and completeness of such materials.
Where the development units consult with the relevant departments or entities about the materials as abovementioned due to the needs of construction projects, such departments or entities shall timely provide the same.
Article 7 The development units may not make any demand that is inconsistent with the provisions of the laws, regulations and mandatory standards on the work safety of construction projects to the survey units, design units, construction units, supervision units and other relevant units, and may not compress the construction period as set forth in the contract.
Article 8 When the development units prepare the budgetary estimates, they should determine the expenses required for building up an environment for the work safety of construction projects and the work safety measures.
Article 9 The development units may not express or imply the construction units to purchase, lease or use any safety protection appliance, mechanical equipments, construction machines and accessories, and firefighting facilities and apparatus that do not meet the work safety requirements.
Article 10 When the development units apply for the collection of construction license, they shall provide materials relating to the work safety measures of the construction projects.
For construction projects with legal approval of the Report of Work Commencement, the development units shall, within 15 days upon the date of approval of the Report of Work Commencement, submit the measures ensuring the work safety to the competent construction administrations or other relevant departments of the local people's governments at the county level or above at the locality of the construction projects for filing.
Article 11 The development units shall subcontract the demolition works to construction units with the corresponding qualification grade.
The development units shall, prior to 15 days of the construction of the demolition works, submit the following materials to the competent construction administrations or other relevant departments of the local people's governments at the county level or above at the locality of the construction projects for filing:
1. The qualification grade certificate of the construction units;
2. The statement of the buildings and structures proposed to be demolished and the adjacent buildings possibly affected;
3. The organization scheme of the demolition construction; and
4. The measures for stacking and eliminating wastes.
For blasting operations, the regulations on the administration of civil explosives of the State shall be followed.
Chapter III Safety Responsibilities of the Survey Units, Design Units, Supervision Units and Other Relevant Units
Article 12 The survey units shall conduct survey in accordance with the laws, regulations and mandatory project construction standards, and the provided survey documents shall be true and accurate so as to satisfy the needs of the work safety of construction projects.
The survey units shall strictly carry out the operation rules and take measures to guarantee the safety of all kinds of pipelines, facilities and surrounding buildings and structures when they conduct the survey operations,.
Article 13 The design units shall design in accordance with the laws, regulations and mandatory project construction standards in order to prevent the occurrence of any work safety accident arising from any unreasonable design.
The design units shall consider the needs in operation and protection of the work safety, and indicate the key parts and links involving work safety in the design documents, and put forward the guiding opinions on prevention of work safety accidents.
For construction projects adopting new structure, new materials or new process and construction projects with special structure, the design units shall put forward any suggestion on measures to safeguard the safety of construction workers and the prevention of the work safety accidents.
The design units and registered architects as well as other registered practitioners shall be responsible for their designs.
Article 14 The supervision units shall examine whether the safety technical measures or special construction scheme in the construction organization design meet the mandatory project construction standards.
Where the supervision units discover any possibility of accidents in the course of implementing supervision, they shall demand the construction units to make correction; in case of severe circumstance, they shall demand the construction units to suspend construction and timely report to the development units. Where the construction units refuse to make correction or suspend construction, the supervision units shall timely report to relevant competent departments.
The supervision units and the supervising engineers shall carry out supervision in accordance with the laws, regulations and mandatory project construction standards, and assume the supervision responsibilities for the work safety of the construction projects.
Article 15 The units providing mechanical equipments and accessories for the construction projects shall fully furnish valid insurance, limits and other safety measures and devices as required for the work safety.
Article 16 The lease of mechanical equipments and construction machines and accessories shall have the production (manufacturing) licenses and certificates of compliance.
The leasing units shall test the safety functions of the leased mechanical equipments and construction machines and accessories, and shall issue the certification of compliance when the lease agreement is signed.
Lease of mechanical equipments and construction machines and accessories tested to be unqualified is prohibited.
Article 17 The installation and dismantling of the construction hoisting machine, integral hoisting scaffold or framework or other jack-up erection facility at the construction site must be done by units with corresponding qualifications.
The installation and dismantling of the construction hoisting machine, integral hoisting scaffold or framework or other jack-up erection facility shall follow the prepared installation and dismantle scheme and the formulated work safety measures, and be supervised by professional technical personnel at the site.
After the completion of the installation of the of the construction hoisting machine, integral hoisting scaffold or framework or other jack-up erection facility, the installation units shall run self-inspection, issue certificate of compliance after self-inspection, and state the safety use of such facility to the construction units and go through the formalities for signing for acceptance.
Article 18 Where the use of the construction hoisting machine, integral hoisting scaffold or framework or other jack-up erection facility has reached the term of inspection and test as provided by the State, they must have inspection and test institutions with professional qualifications to run the required test.
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