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China's 1998 (People's Republic of China (PRC) Building Law) stipulates the responsibility of relevant departments and units for safety in production. The Regulations on the Administration of Work Safety in Construction Projects, which was adopted in the State Council in 2003 and implemented in 2004, has more clearly defined the safety responsibilities of departments at all levels and relevant units in construction projects. The main provisions are as follows:
1 Safety responsibility of the construction unit
The construction unit shall provide the construction unit with information about underground pipelines such as water supply, drainage, power supply, gas supply, heating, communication, radio and television, meteorological and hydrological observation data, and relevant information about adjacent buildings, structures and underground works, and ensure the truthfulness, accuracy and completeness of the information.
The construction unit shall not put forward requirements that do not meet the requirements of laws, regulations and mandatory standards for safety production of construction projects for survey, design, construction, project supervision and other units, and shall not compress the construction period agreed in the contract.
When compiling the project budget, the construction unit shall determine the safe working environment and the cost of safe construction measures for the construction project.
The construction unit shall not explicitly or implicitly purchase, lease or use safety protection appliances, machinery and equipment, construction machines and accessories, fire control facilities and equipment that do not meet the requirements of safe construction.
When applying for a construction permit, the construction unit shall provide information on the safety construction measures of the construction project.
For a construction project with a legally approved commencement report, the construction unit shall, within 5 days from the date of approval of the commencement report, report the measures to ensure safe construction to the construction administrative department of the local people's government at or above the county level or other relevant departments for the record.
The construction unit shall contract the demolition project to a construction unit with corresponding qualification grade. In addition, the following materials shall be submitted to the construction administrative department of the local people's government at or above the county level or other relevant departments for the record before the demolition project starts 15:
(1) qualification grade certificate of the construction unit;
(two) a description of the buildings and structures to be demolished and the adjacent buildings that may be endangered;
(3) Demolition of the construction organization plan;
(4) Measures for stacking and removing wastes.
2. The safety responsibility of the investigation unit
Survey units shall conduct surveys in accordance with laws, regulations and mandatory standards for engineering construction, and the survey documents provided shall be true and accurate to meet the needs of safe production in construction projects.
The survey unit shall strictly implement the operation rules and take measures to ensure the safety of all kinds of pipelines, facilities and surrounding buildings and structures during the survey operation.
3 design unit's safety responsibility
Design units shall design in accordance with laws, regulations and mandatory standards for engineering construction to prevent production safety accidents due to unreasonable design. Design units, registered architects and other registered practitioners shall be responsible for their design.
The design unit shall consider the needs of safe operation and protection of construction, indicate the key parts and links involved in construction safety in the design documents, and put forward guidance on preventing production safety accidents. For construction projects with new structures, new materials and new processes and construction projects with special structures, the design unit shall put forward measures and suggestions to ensure the safety of construction personnel and prevent production safety accidents in the design.
4. Safety responsibility of engineering supervision unit
Engineering supervision units and supervision engineers shall carry out supervision in accordance with laws and regulations and mandatory standards for engineering construction, and assume supervision responsibility for the safe production of construction projects.
The engineering supervision unit shall examine whether the safety technical measures or special construction scheme in the construction organization design meet the mandatory standards for engineering construction.
In the process of supervision, the engineering supervision unit shall require the construction unit to rectify the hidden dangers of safety accidents; If the situation is serious, the construction unit shall be required to temporarily stop the construction and report to the construction unit in time. If the construction unit refuses to rectify or stop the construction, the project supervision unit shall report to the relevant competent department in time.
5 the safety responsibility of the construction unit
(1) The safety production responsibility of the construction unit is:
1) A construction unit engaged in the new construction, expansion, reconstruction and demolition of a construction project shall have the registered capital, professional technicians, technical equipment and safe production conditions stipulated by the state, obtain the qualification certificate of the corresponding level according to law, and undertake the project within the scope permitted by its qualification level.
2) The main person in charge of the construction unit shall be fully responsible for the safety production of this unit according to law. The construction unit shall establish and improve the responsibility system for production safety and the education and training system for production safety, formulate rules and regulations for production safety and operating procedures, conduct regular and special safety inspections on the construction projects undertaken, and make safety inspection records. In order to ensure the investment of funds required for the safe production conditions of the unit, the expenses for safe working environment and safe construction measures included in the construction project budget shall be explained for the purchase and renewal of construction safety protection appliances and facilities, the implementation of safe construction measures and the improvement of safe production conditions, and shall not be used for other purposes.
3) The construction unit shall set up a safety production management organization with full-time safety production management personnel.
4) The construction unit shall work out the safety technical measures and temporary electricity utilization plan for the construction site in the construction organization design, and prepare a special construction plan for the following sub-projects with a certain scale and greater risk, with safety inspection results attached, which shall be implemented after being signed by the technical director of the construction unit and the chief supervision engineer, and supervised by full-time safety production management personnel on site:
(1) foundation pit support and dewatering engineering;
② Earthwork excavation works;
(3) formwork engineering;
(4) hoisting engineering;
⑤ Scaffolding project;
⑥ Demolition of blasting engineering;
All landowners the State Council city construction administrative departments or other relevant departments of the provisions of other dangerous projects.
The construction unit shall also organize experts to demonstrate and review the special construction schemes involving deep foundation pits, underground excavation projects and tall formwork projects in the projects listed in the preceding paragraph.
The construction unit shall set up obvious safety warning signs at the dangerous parts of the construction site, such as population, construction hoisting machinery, temporary electricity facilities, scaffolding, access openings, stairs, elevator wellheads, holes, bridge opening, tunnel openings, foundation pit edges, explosives and dangerous gas and liquid storage places. Safety warning signs must conform to national standards.
The construction unit shall take corresponding safety construction measures at the construction site according to the changes of different construction stages, surrounding environment, seasons and climate. If the construction site temporarily stops construction, the construction unit shall do a good job in site protection, and the expenses required shall be borne by the responsible party or executed in accordance with the contract.
The construction unit shall separate the office area, living area and working area of the construction site and keep a safe distance, and the positions of the office area and living area shall meet the safety requirements. Workers' meals, drinking water, rest places, etc. Should meet the hygiene standards.
The construction unit shall not set up staff dormitory in the unfinished building.
Temporary buildings on the construction site shall meet the requirements for safe use. Precast mobile homes used in the construction site should have product certificates.
The construction unit shall take special protective measures for adjacent buildings, structures and underground pipelines that may be damaged due to construction projects.
The construction unit shall abide by the laws and regulations on environmental protection and take measures at the construction site to prevent or reduce the harm and pollution of dust, waste gas, waste water, solid waste, noise, vibration and construction lighting to people and the environment. For construction projects in urban areas, the construction unit shall implement a closed enclosure on the construction site.
The construction unit shall establish a responsibility system for fire control safety on the construction site, determine the person responsible for fire control safety, formulate various fire control safety management systems and operating procedures for the use of fire, electricity, inflammable and explosive materials, set fire exits, fire water sources, equipped with fire control facilities and fire extinguishing equipment, and set up obvious signs at the population of the construction site.
The construction unit shall provide the operators with safety protection articles and safety protection clothes, and inform them in writing of the operation procedures of dangerous posts and the hazards of illegal operations. Safety protection appliances, mechanical equipment, construction machinery and accessories purchased and leased by the construction unit shall have production (manufacturing) licenses and product certificates, and shall be inspected before entering the construction site.
Safety protection appliances, machinery and equipment, construction machines and tools and accessories on the construction site must be managed by special personnel, regularly inspected, repaired and maintained, and corresponding data files should be established, and scrapped in time according to relevant state regulations.
Before the jack-up erection facilities such as construction hoisting machinery, integral lifting scaffolding and formwork are used, the construction unit shall organize relevant units to carry out inspection and acceptance, or entrust inspection and testing institutions with corresponding qualifications to carry out inspection and acceptance; The use of leased machinery and equipment, construction machines and accessories shall be accepted by the general contractor, subcontractors, leasing units and installation units, and can only be used after passing the acceptance. Construction hoisting machinery specified in the Regulations on Safety Supervision of Special Equipment shall be supervised and inspected by inspection and testing institutions with corresponding qualifications before acceptance.
The construction unit shall, within 30 days from the date of acceptance of jack-up erection facilities such as construction hoisting machinery, integral lifting scaffolding and formwork, register with the construction administrative department or other relevant departments. The registration mark should be placed or attached to the equipment in a prominent position.
The main person in charge of the construction unit, the person in charge of the project and the full-time safety production management personnel shall be qualified by the construction administrative department or other relevant departments before taking up their posts.
The construction unit shall conduct safety education and training for managers and operators at least once a year, and record the education and training in personal work files. Personnel who fail to pass the safety production education and training examination shall not take up their posts.
When adopting new technologies, new processes, new equipment and new materials, the construction unit shall conduct corresponding safety education and training for the operators.
The construction unit shall handle accidental injury insurance for personnel engaged in dangerous operations at the construction site. The accident insurance fee shall be paid by the construction unit. In the case of general construction contract, the general contractor shall pay the accident insurance premium. The insurance period of accidental injury insurance is from the date of commencement of the construction project to the date of completion and acceptance.
The construction unit shall formulate its own emergency rescue plan for production safety accidents, establish emergency rescue organizations or equip emergency rescue personnel, equip necessary emergency rescue equipment and equipment, and organize drills regularly.
The construction unit shall, according to the characteristics and scope of the construction project, monitor the parts and links prone to major accidents on the construction site, formulate the emergency rescue plan for production safety accidents on the construction site, and the general contractor and subcontractors shall establish their own emergency rescue organizations or equip emergency rescue personnel, rescue equipment and equipment according to the emergency rescue plan, and organize drills regularly.
When a production safety accident occurs in a construction unit, it shall timely and truthfully report to the department responsible for the supervision and administration of production safety, the construction administrative department or other relevant departments in accordance with the provisions of the state on the reporting, investigation and handling of casualties; Special equipment accidents shall also be reported to the safety supervision and management department of special equipment. After the production safety accident, the construction unit shall take measures to prevent the accident from expanding and protect the scene of the accident. When it is necessary to move the items on site, it shall be marked and recorded in writing, and relevant evidence shall be properly kept.
(2) The safety responsibility of the general contractor:
For a construction project under general contracting, the general contractor shall be fully responsible for the safety production at the construction site.
The general contractor's safety responsibility is:
(1) The general contractor shall complete the construction of the main structure of the building project by himself.
2) If the general contractor subcontracts the construction project to other units according to law, it shall specify the rights and obligations of their respective safety production personnel in the subcontract. The general contractor and subcontractors shall bear joint and several responsibilities for the safety production of subcontracted projects.
3) In case of general contracting of construction projects, the general contractor shall be responsible for the accident report.
Subcontractors should obey the safety production management of the general contractor. Subcontractors do not obey the management, resulting in production safety accidents, the subcontractors shall bear the main responsibility.
6. Division of internal safety responsibilities of the construction unit
The focus of "Regulations on the Administration of Construction Project Safety Production" is to stipulate the division of responsibilities of relevant departments and units of construction project safety production. The division of responsibilities for internal security of the unit shall be implemented in accordance with the requirements of these regulations. Especially under the guidance of the idea of "safety in production, everyone is responsible", the construction unit has defined the work and responsibilities of management leaders at all levels, functional departments and employees at all positions on the basis of establishing a safety production management system and in accordance with the determined goals and policies. Requirements through a reasonable division of labor, clear responsibilities, enhance the sense of responsibility of personnel at all levels, * * * coordination, and strive to achieve the established goals.
The division of responsibilities should include vertical personnel at all levels, including principal responsible person, management representative, technical responsible person, financial responsible person, economic responsible person, party and government work group, project manager and employee responsibility system, and horizontal professional departments, namely safety, quality, equipment, technology, production, safety, procurement, administration and finance.
(1) The main responsibilities of construction enterprises are:
1) Implement the national guidelines, policies and regulations on safety in production;
2) Establish and improve the safety production responsibility system of this unit, and take the ultimate responsibility for the safety production of this unit;
3) To organize the formulation of safety production rules and regulations and operation procedures of this unit;
4) Ensure the effective implementation of the unit's investment in production safety;
5) Supervise and inspect the safety production work of this unit, and eliminate the hidden dangers of safety accidents in time;
6) Organize the formulation and implementation of the emergency rescue plan for production safety accidents of the unit;
7) Timely and truthfully report safety accidents.
(2) The technical director's responsibilities are:
1) Carry out the national policies, regulations and relevant norms and standards on safety in production, and organize their implementation;
2) Organize the preparation and approval of construction organization design or special construction organization design;
3) Be responsible for reviewing the safety of new processes, technologies and materials, putting forward preventive measures, and organizing the preparation of corresponding operating procedures and disclosure;
4) Lead the technical improvement and research projects of safety production;
5) Participate in the investigation of major safety accidents, analyze the reasons, put forward rectification measures, check the implementation of measures, and realize continuous improvement.
(3) The responsibilities of the chief financial officer are:
Ensure that the funds for safe production are earmarked, and check whether the funds are used correctly.
(4) The duties of the trade union are:
1) The trade union has the right to demand correction for acts that violate the laws and regulations on production safety and infringe upon the legitimate rights and interests of employees;
2) In case of illegal command, forced risky operation or accident hidden danger, the unit shall have the right to put forward solutions, and the unit shall study the reply in time;
3) When it is found that the life of employees is endangered, it has the right to advise employees to evacuate from dangerous places, and the unit must deal with it immediately;
4) The trade union has the right to participate in the accident investigation according to law, put forward handling opinions to the relevant departments, and demand that the relevant personnel be held accountable.
(5) The responsibilities of the security department are:
1) Implement the laws, regulations, standards and regulations related to production safety, and do a good job in publicity and education on production safety.
2) Participate in the preparation of construction organization design and safety technical measures, and organize regular and irregular safety production inspections. Supervise and inspect the implementation, and improve in time when problems are found.
3) Stop illegal command and operation, have the right to suspend production in case of emergency, and report to relevant departments.
4) Popularize and summarize advanced experience, and actively put forward preventive and corrective measures, so as to continuously improve safety production.
5) Establish and improve safety production files, conduct statistical analysis regularly, and explore the law of safety production.
(6) The responsibility of the production department is to organize production reasonably, observe the construction sequence, and schedule the processes and resources required for safety.
(7) The duty of the technical department is to prepare the construction organization design according to the relevant standards and safety production requirements, put forward corresponding measures, and carry out the improvement and research of safety production technology.
(8) The responsibility of the Equipment and Materials Purchasing Department is to ensure that the supplied equipment has reliable safety technical performance and necessary safety protection devices, and carry out maintenance and overhaul according to the requirements of the mechanical operation manual to ensure safe operation. The supplied materials and safety protection articles can guarantee the quality.
(9) The responsibility of the financial department is to provide funds for safety production measures, safety education, training and publicity according to regulations, and supervise their rational use.
(10) The responsibilities of the education department are: to incorporate safety education into the training plan and organize employees at all levels to carry out safety education according to work needs;
(1 1) The responsibility of the Labor Management Department is to do a good job in pre-job training and post change training for new employees, evaluate the training effect, and organize evidence collection for special types of work.
(12) The health department is responsible for regular physical examination of employees. If any employee is found to be unsuitable for the current post, it should be raised immediately. Guide the organization to monitor the harmful degree of toxic and harmful workplaces and put forward measures to prevent and control occupational diseases and improve sanitary conditions.
The project management department of a construction enterprise shall, according to the requirements of the safety production management system, be presided over by the project manager, and decompose the safety production responsibility objectives into posts and implement them to people. People's Republic of China (PRC) * * * and the national standard "Code for Management of Construction Projects" stipulate that the project safety production responsibility system intends to include:
(1) The project manager shall be a person with corresponding professional qualifications, who shall be responsible for the safe construction of the building project. His safety responsibilities should include: conscientiously implementing the guidelines, policies, laws and regulations on safety in production, formulating and implementing safety management measures, strictly implementing safety assessment indicators and safety production reward and punishment measures, ensuring the effective use of safety production measures, and strictly implementing the system of examination and approval of safety technical measures and disclosure of construction safety technical measures; Before the construction of a building project, the technical personnel in charge of project management of the construction unit shall explain in detail the technical requirements for safe construction to the construction team and operators, and both parties shall sign for confirmation. In the process of construction, organize regular safety inspection and analysis, and formulate corresponding preventive measures for possible safety hazards; When a safety accident occurs in the construction process, the project manager must report and deal with it timely and truthfully in accordance with the relevant regulations and procedures for handling safety accidents, and formulate measures to prevent similar accidents from happening again.
(2) The safety responsibilities of the safety officer of the construction unit include: on-site supervision and inspection of production safety. If hidden dangers of safety accidents are found, it shall report to the project leader and the safety production management institution in a timely manner; Should immediately stop illegal command and operation.
(3) The safety responsibilities of the operation team leader should include: disclosing the safety technical measures to the operators of this type of work, strictly implementing the safety technical operation procedures of this type of work, and refusing to give illegal instructions; Organize the implementation of safety technical measures; Before operation, carry out safety inspection on the machines and tools, equipment, protective equipment, facilities and working environment used in this operation to eliminate potential safety hazards, and check whether the safety signs are set according to regulations, and whether the identification method and content are correct and complete; Organize teams and groups to carry out safety activities, train operators in safety operation procedures, improve their safety awareness, and hold pre-shift safety production meetings; A weekly safety assessment should be conducted. When a major or malignant industrial accident occurs, the site should be protected, reported immediately, and involved in accident investigation and handling.
(4) Operators' safety responsibilities should include: seriously studying and strictly implementing safety technical operation rules, consciously observing safety production rules and regulations, and implementing safety technical disclosure and relevant safety production regulations; Do not violate the rules and regulations. I obey the guidance of safety supervisor and take an active part in safety activities; Take care of safety facilities. Operators have the right to criticize, report and accuse the safety problems existing in the working conditions, procedures and methods of the construction site, and have the right to put forward opinions on unsafe operations; Have the right to refuse illegal command and force risky operations. In case of emergency that endangers personal safety during construction, the operators have the right to immediately stop operation or evacuate the dangerous area after taking necessary emergency measures.
Operators shall abide by the mandatory standards, rules and regulations and operating procedures for safe construction, and correctly use safety protection appliances, machinery and equipment, etc.
Before entering a new post or a new construction site, operators shall receive education and training in production safety. Personnel who have not received education and training or are unqualified in education and training shall not work at their posts. Operators of vertical transport machinery, installers, blasters, signal workers, climbers and other special operators must receive special safety operation training in accordance with relevant regulations and obtain special operation qualification certificates before taking up their posts.
Operators should study safety technology hard and improve their awareness and ability of self-protection. The safety responsibilities of safety officers should include: implementing the setting of safety facilities; Supervise the safety of the whole construction process, correct illegal operations, cooperate with relevant departments to eliminate potential safety hazards, organize safety education and safety activities for all employees, and supervise and inspect the quality and correct use of labor protection articles.
7 Safety responsibilities of other relevant units
Units that provide mechanical equipment and accessories for construction projects shall, in accordance with the requirements of safe construction, be equipped with complete and effective safety facilities and devices such as insurance and limit. Leased machinery and equipment, construction machinery and accessories shall have production (manufacturing) licenses and product certificates.
The leasing unit shall test the safety performance of the leased machinery and equipment, construction machines and accessories, and issue a certificate of inspection qualification when signing the lease agreement. It is forbidden to rent unqualified mechanical equipment and construction machines and accessories.
The installation and removal of jack-up erection facilities such as construction hoisting machinery and integral lifting scaffolding and formwork on the construction site must be undertaken by units with corresponding qualifications.
For the installation and disassembly of jack-up erection facilities such as construction hoisting machinery, integral lifting scaffolding and formwork, the disassembly scheme and safety construction measures shall be formulated, and professional and technical personnel shall be on site to supervise.
After the installation of jack-up erection facilities such as construction hoisting machinery, integral lifting scaffolding and formwork is completed, the installation unit shall conduct self-inspection, issue a self-inspection certificate, explain the safe use to the construction unit, go through the acceptance formalities and sign it.