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Regulations on the Safety Management of Hazardous Chemicals
Chapter I General Principles
Article 1 These Regulations are formulated for the purpose of strengthening the safety management of hazardous chemicals, ensuring the safety of people's lives and property and protecting the environment.
Article 2 The production, management, storage, transportation and use of hazardous chemicals and the disposal of waste hazardous chemicals within the territory of People's Republic of China (PRC) must abide by these Regulations and the provisions of the laws and administrative regulations of the state on safety in production.
Article 3 Hazardous chemicals mentioned in these Regulations include explosives, compressed gases and liquefied gases, flammable liquids, flammable solids, spontaneous combustion articles and flammable articles when wet, oxidants and organic peroxides, drugs and corrosive products.
Hazardous chemicals are listed in the list of dangerous goods published according to national standards (GB 12268); ); The list of highly toxic chemicals and other dangerous chemicals not included in the list of dangerous goods shall be determined and published by the comprehensive economic and trade management department of the State Council in conjunction with the public security, environmental protection, health, quality inspection and transportation departments of the State Council.
Article 4 Units that produce, manage, store, transport, use and dispose of hazardous chemicals (hereinafter referred to as hazardous chemicals units) are the main responsible persons to ensure that the safety management of hazardous chemicals in their own units conforms to the provisions of relevant laws, regulations and rules and the requirements of national standards, and are responsible for the safety of hazardous chemicals in their own units.
Personnel engaged in the production, management, storage, transportation, use or disposal of hazardous chemicals in hazardous chemicals units must be trained in relevant laws, regulations, rules and safety knowledge, professional technology, occupational health protection and emergency rescue knowledge, and can only take up their posts after passing the examination.
Article 5 The relevant departments that supervise and manage the production, management, storage, transportation, use and disposal of hazardous chemicals shall perform their duties in accordance with the following provisions:
(1) The comprehensive economic management department of the State Council and the economic and trade management departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the comprehensive work of the safety supervision and management of hazardous chemicals, the review of the establishment, reconstruction and expansion of hazardous chemicals production and storage enterprises, the review and designation of specialized manufacturers of hazardous chemicals packaging and containers (including transport tanks, the same below), the issuance of hazardous chemicals business licenses and the registration of hazardous chemicals in China. The departments of the municipal people's government with districts and the people's government at the county level responsible for the comprehensive work of safety supervision and management of hazardous chemicals shall be determined by the people's government at the corresponding level and perform their duties in accordance with the provisions of these regulations.
(2) The public security department is responsible for the safety management of hazardous chemicals, issuing purchase vouchers and quasi-purchase certificates for highly toxic chemicals, examining and issuing road transport licenses for highly toxic chemicals, supervising the safety of road transport of hazardous chemicals, and conducting supervision and inspection on the above matters.
(3) The quality inspection department is responsible for issuing production licenses for hazardous chemicals and their packaging containers, supervising the product quality of hazardous chemicals packaging containers, and conducting supervision and inspection on the above matters.
(4) The environmental protection department is responsible for the supervision and management of the disposal of abandoned hazardous chemicals, the investigation of major hazardous chemical pollution accidents and ecological damage incidents, the emergency monitoring of toxic chemical accidents and the registration of imported hazardous chemicals, and carries out supervision and inspection on the above matters.
(five) the railway and civil aviation departments are responsible for the safety management, supervision and inspection of railway, air transport and railway and civil aviation transport units and their means of transport of dangerous chemicals. The transportation department is responsible for the safety management of dangerous chemicals highway and waterway transport units and their means of transport, supervise the safety of dangerous chemicals waterway transport, identify the qualifications of dangerous chemicals highway and waterway transport units, drivers, crew members, stevedores and escorts, and supervise and inspect the above matters.
(six) the health administrative department is responsible for the identification of the toxicity of dangerous chemicals and the medical rescue of the casualties of dangerous chemicals accidents.
(7) The administrative department for industry and commerce shall, according to the approval and licensing documents of relevant departments, issue the business licenses of units that produce, manage, store and transport dangerous chemicals, and supervise and manage the market operation activities of dangerous chemicals.
(eight) the postal department is responsible for the supervision and inspection of mailing dangerous chemicals.
Article 6 The relevant departments that supervise and manage hazardous chemicals units in accordance with these Regulations may exercise the following functions and powers when carrying out supervision and inspection according to law:
(a) to enter the workplace of hazardous chemicals for on-site inspection, obtain relevant information, understand the situation from relevant personnel, and put forward rectification measures and suggestions to hazardous chemicals units;
(two) when discovering the hidden dangers of dangerous chemicals accidents, it shall be ordered to eliminate them immediately or within a time limit;
(three) facilities, equipment, equipment and means of transport that do not meet the requirements of relevant laws, regulations, rules and national standards shall be ordered to stop using immediately;
(four) found illegal behavior, corrected on the spot or ordered to make corrections within a time limit.
Hazardous chemicals units shall accept the supervision and inspection carried out by relevant departments according to law, and shall not refuse or obstruct them.
When conducting supervision and inspection according to law, the staff dispatched by the relevant departments shall show their certificates.
Chapter II Production, Storage and Use of Hazardous Chemicals
Article 7 The State implements unified planning, rational distribution and strict control over the production and storage of hazardous chemicals, and implements an examination and approval system for the production and storage of hazardous chemicals; Without approval, no unit or individual may produce or store dangerous chemicals.
When formulating the overall plan, the Municipal People's Government with districts shall, according to the actual needs of local economic development and the principle of ensuring safety, plan appropriate production and storage areas for hazardous chemicals.
Article 8 Enterprises that produce and store hazardous chemicals must meet the following conditions:
(a) there are production processes, equipment or storage methods and facilities that meet the national standards;
(two) the protective distance around the factory and warehouse meets the national standards or the relevant provisions of the state;
(3) Having managers and technicians who meet the needs of production or storage;
(4) Having a sound safety management system;
(five) other conditions that meet the requirements of laws, regulations and national standards.
Article 9 To set up enterprises producing and storing highly toxic chemicals and other enterprises producing and storing dangerous chemicals, an application shall be submitted to the economic and trade administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the departments of the people's governments at the municipal level with districts responsible for the comprehensive work of safety supervision and management of dangerous chemicals, and the following documents shall be submitted:
(a) the feasibility study report;
(2) Physical and chemical performance indexes such as ignition point, spontaneous ignition point, flash point, explosion limit and toxicity of raw materials, intermediate products, final products or stored dangerous chemicals;
(3) Technical requirements for packaging, storage and transportation;
(4) Safety evaluation report;
(5) Emergency rescue measures for accidents;
(six) documents that meet the conditions stipulated in Article 8 of these regulations.
After receiving the application and the submitted documents, the competent economic and trade administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government or the department in charge of the comprehensive work of the safety supervision and management of hazardous chemicals of the people's government at the municipal level divided into districts shall organize relevant experts to conduct examination, put forward examination opinions and report to the people's government at the corresponding level for approval or disapproval. According to the decision of the people's government at the corresponding level, the approval letter shall be issued by the administrative department of economy and trade of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the department in charge of the comprehensive work of safety supervision and management of hazardous chemicals of the municipal people's government with districts; If not approved, notify the applicant in writing.
The applicant shall go through the registration formalities with the administrative department for industry and commerce with the approval letter.
Article 10 Except for gas stations and vehicle filling stations, the production facilities and storage capacity of dangerous chemicals constitute storage facilities of major hazard sources, and the distance from the following places and areas must meet the national standards or relevant state regulations:
(1) densely populated areas such as residential areas, commercial centers and parks;
(two) schools, hospitals, theaters, stadiums (gymnasiums) and other public facilities;
(3) Water supply sources, water plants and water source protection areas;
(4) Stations, docks (except for loading and unloading hazardous chemicals according to state regulations), airports, trunk roads, railways and waterways, subway kiosks and entrances and exits;
(five) basic farmland protection areas, animal husbandry areas, fishery waters and seed, livestock and poultry, aquatic seed production base;
(6) Rivers, lakes, scenic spots and nature reserves;
(7) Military restricted zones and military administrative zones;
(eight) other areas protected by laws and administrative regulations.
If the completed production facilities of hazardous chemicals and the storage facilities whose storage amount constitutes a major hazard source do not conform to the provisions of the preceding paragraph, the department responsible for the comprehensive work of safety supervision and management of hazardous chemicals of the municipal people's government with districts shall supervise its rectification within a time limit; If it is necessary to change production, stop production, relocate or close down, it shall be implemented after being approved by the people's government at the same level.
The term "major hazard sources" as mentioned in these Regulations refers to units (including places and facilities) that produce, transport, use, store or dispose of hazardous chemicals, and the quantity of hazardous chemicals is equal to or more than the critical quantity.
Eleventh dangerous chemicals production and storage enterprises to rebuild or expand, must be examined and approved in accordance with the provisions of Article 9 of these regulations.
Twelfth hazardous chemicals production enterprises established according to law, must apply to the quality inspection department of the State Council for a hazardous chemicals production license; Without obtaining a production license for hazardous chemicals, production shall not be started.
The quality inspection department of the State Council shall inform the comprehensive economic and trade management department, environmental protection department and public security department of the State Council about the issuance of production licenses for dangerous chemicals.
Article 13 No unit or individual may produce, manage or use dangerous chemicals that are explicitly prohibited by the state.
It is forbidden to use highly toxic chemicals to produce rodenticides and other chemical products and daily chemicals that may enter people's daily lives.
Article 14 In the production of hazardous chemicals, a chemical safety technical specification completely consistent with the hazardous chemicals shall be attached to the packaging of hazardous chemicals, and a chemical safety label completely consistent with the hazardous chemicals shall be affixed or attached to the packaging (including the outer packaging).
When a hazardous chemicals production enterprise discovers that the hazardous chemicals it produces have new hazardous characteristics, it shall immediately make an announcement and revise the safety technical specifications and safety labels in time.
Fifteenth units that use hazardous chemicals for production must comply with national standards and relevant state regulations, and obtain corresponding licenses in accordance with relevant state laws and regulations. It is necessary to establish and improve the safety management rules and regulations for the use of hazardous chemicals to ensure the safe use and management of hazardous chemicals.
Article 16 In places where hazardous chemicals are produced, stored and used, corresponding safety facilities and equipment such as monitoring, ventilation, sun protection, temperature regulation, fire prevention, fire extinguishing, explosion prevention, pressure relief, antivirus, disinfection, neutralization, moisture prevention, lightning protection, antistatic, corrosion prevention, leakage prevention, dike protection or isolation operation shall be set up in workshops, warehouses and other workplaces according to the types and characteristics of hazardous chemicals.
Seventeenth units that produce, store and use highly toxic chemicals shall conduct a safety assessment of their production and storage devices every year; Units that produce, store and use other dangerous chemicals shall conduct a safety assessment of their production and storage devices every two years.
The safety evaluation report shall put forward a rectification plan for the safety problems existing in the production and storage devices. If the production and storage devices are found to be in real danger in the safety evaluation, they should immediately stop using, replacing or repairing, and take corresponding safety measures.
The safety evaluation report shall be submitted to the department responsible for the comprehensive work of safety supervision and management of hazardous chemicals of the local municipal people's government with districts for the record.
Article 18 Units that produce, store and use hazardous chemicals shall set up communication and alarm devices in the places where they are produced, stored and used, and ensure that they are in a normal applicable state under any circumstances.
Article 19 Units that produce, store and use highly toxic chemicals shall truthfully record the output, flow direction, storage quantity and usage of highly toxic chemicals, and take necessary safety measures to prevent highly toxic chemicals from being stolen, lost, missold or misused; When it is found that highly toxic chemicals are stolen, lost, missold or misused, it must be reported to the local public security department immediately.
Article 20 The packaging of hazardous chemicals must conform to the provisions of national laws, regulations and rules and the requirements of national standards.
The materials, types, specifications, methods and individual mass (weight) of hazardous chemicals packaging shall be suitable for the nature and use of the packaged hazardous chemicals, and be convenient for loading, unloading, transportation and storage.
Article 21 Packages and containers of dangerous chemicals must be produced by professional production enterprises that have passed the examination by the economic and trade administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and can only be used after being tested by professional testing and inspection institutions recognized by the quality inspection department of the State Council.
Reusable packages and containers of hazardous chemicals should be inspected and recorded before use; Inspection records shall be kept for at least 2 years.
The quality inspection department shall regularly or irregularly inspect the product quality of dangerous chemicals packaging containers.
Twenty-second hazardous chemicals must be stored in special warehouses, special places or special storage rooms (hereinafter referred to as special warehouses), and the storage methods, methods and quantities must meet the national standards and be managed by special personnel.
Hazardous chemicals must be inspected and registered when entering or leaving the warehouse. The inventory of hazardous chemicals should be checked regularly.
Highly toxic chemicals and other dangerous chemicals whose storage amount constitutes a major hazard source must be stored separately in a special warehouse, and a dual-receiving and dual-storage system shall be implemented. The storage unit shall report the quantity, location and management personnel of highly toxic chemicals and other dangerous chemicals that constitute major hazard sources to the local public security department and the department responsible for the comprehensive work of safety supervision and management of dangerous chemicals for the record.
Twenty-third special warehouses for dangerous chemicals shall meet the national safety and fire control standards, and set up obvious signs. Storage equipment and safety facilities in special warehouses for hazardous chemicals shall be tested regularly.
Article 24 The disposal of hazardous chemicals shall be carried out in accordance with the Law on the Prevention and Control of Environmental Pollution by Solid Wastes and the relevant provisions of the State.
Article 25 Where a unit that produces, stores and uses hazardous chemicals changes production, stops production, suspends business or is dissolved, it shall take effective measures to dispose of hazardous chemicals production or storage equipment, stored products and raw materials, and shall not leave any hidden danger of accidents. The disposal plan shall be reported to the department of the Municipal People's Government responsible for the comprehensive work of safety supervision and management of hazardous chemicals and the environmental protection department and public security department at the same level for the record. The department responsible for the comprehensive work of safety supervision and management of hazardous chemicals shall supervise and inspect the disposal situation.
Twenty-sixth dangerous chemicals handed in by the public shall be accepted by the public security department. Hazardous chemicals received by the public security department and collected by other relevant departments shall be handled by professional units recognized by the environmental protection department.
Chapter III Management of Hazardous Chemicals
Article 27 The State practices a licensing system for the operation and sale of dangerous chemicals. No unit or individual may sell dangerous chemicals without permission.
Article 28 A hazardous chemicals trading enterprise must meet the following conditions:
(a) the business premises and storage facilities meet the national standards;
(two) the competent personnel and business personnel have received professional training and obtained post qualifications;
(3) Having a sound safety management system;
(four) other conditions that meet the requirements of laws, regulations and national standards.
Article 29 Anyone who deals in highly toxic chemicals and other dangerous chemicals shall apply to the administrative department of economy and trade of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the department in charge of the comprehensive work of the safety supervision and management of dangerous chemicals of the people's governments at the municipal level divided into districts, and attach relevant certification materials that meet the conditions stipulated in Article 28 of these regulations. After receiving the application, the administrative department of economy and trade of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the department in charge of the comprehensive work of safety supervision and management of hazardous chemicals of the people's governments at the municipal level divided into districts shall, in accordance with the provisions of these Regulations, examine the certification materials and business premises submitted by the applicant. Upon examination, if it meets the requirements, it shall issue a business license for hazardous chemicals and notify the public security department and environmental protection department at the same level of the issuance of a business license for hazardous chemicals; Do not meet the conditions, notify the applicant in writing and explain the reasons.
The applicant shall go through the registration formalities with the administrative department for industry and commerce with the business license for dangerous chemicals.
Thirtieth management of dangerous chemicals shall not have the following acts:
(1) Enterprises that have not obtained the production license or business license for hazardous chemicals purchase hazardous chemicals;
(2) dealing in dangerous chemicals explicitly prohibited by the state, rodenticides produced with highly toxic chemicals and other chemical products and daily chemicals that may enter people's daily lives;
(three) the sale of dangerous chemicals without chemical safety technical specifications and chemical safety labels.
Thirty-first hazardous chemicals production enterprises shall not sell hazardous chemicals to units or individuals that have not obtained the business license for hazardous chemicals.
Thirty-second hazardous chemicals trading enterprises shall abide by the relevant provisions of Chapter II of these Regulations when storing hazardous chemicals. Hazardous chemicals storage sites can only store hazardous chemicals in small packages for civil use, and the total amount shall not exceed the limit set by the state.
Article 33 When selling highly toxic chemicals, a highly toxic chemicals trading enterprise shall record the name and address of the purchaser, the name and ID number of the purchaser, and the name, quantity and purpose of the purchased highly toxic chemicals. Records shall be kept at least 1 year.
A highly toxic chemicals trading enterprise shall check the sales of highly toxic chemicals every day; Found stolen, lost, missold, etc. , must immediately report to the local public security department.
Article 34 The purchase of highly toxic chemicals shall comply with the following provisions:
(a) production, scientific research, medical treatment and other units often use highly toxic chemicals, and shall apply to the public security department of the Municipal People's government with districts to obtain the purchase voucher, and purchase with the purchase voucher;
(2) Where a unit needs to temporarily purchase highly toxic chemicals, it shall apply to the public security department of the municipal people's government with the certificate issued by the unit (indicating the name, quantity and purpose) for a quasi-purchase certificate, and purchase with the quasi-purchase certificate;
(three) individuals are not allowed to buy toxic chemicals except pesticides, rodenticides and pesticides.
Enterprises that produce and operate highly toxic chemicals shall not sell highly toxic chemicals to individuals or units without purchase certificates and quasi-purchase certificates. The purchase vouchers and quasi-purchase certificates for highly toxic chemicals shall not be forged, altered, traded, lent or transferred by other means, and invalid purchase vouchers and quasi-purchase certificates for highly toxic chemicals shall not be used.
The style and specific use method of the purchase certificate and quasi-purchase certificate of highly toxic chemicals shall be formulated by the public security department of the State Council.
Chapter IV Transportation of Dangerous Chemicals
Article 35 The State implements a qualification identification system for the transportation of dangerous chemicals; No dangerous chemicals may be transported without qualification.
The conditions that a hazardous chemicals transport enterprise must meet shall be stipulated by the transportation department of the State Council.
Thirty-sixth tanks and other containers used for the transportation of dangerous chemicals must be produced by professional production enterprises in accordance with the provisions of Article 21 of these Regulations, and can only be used after passing the inspection.
The quality inspection department shall regularly or irregularly inspect the product quality of tanks and other containers designated by the professional production enterprises specified in the preceding paragraph.
Thirty-seventh dangerous chemicals transport enterprises should carry out safety knowledge training for their drivers, crew members, loading and unloading management personnel and escorts; Drivers, crew members, loading and unloading management personnel and escort personnel must master the knowledge of transportation safety of dangerous chemicals, pass the examination by the transportation department of the municipal people's government located in the district (the crew members pass the examination by the maritime administrative agency), and obtain the qualification certificate before taking up their posts. The loading and unloading of dangerous chemicals must be carried out under the on-site command of the loading and unloading management personnel.
Drivers, crew members, loading and unloading personnel and escorts transporting dangerous chemicals must understand the nature, hazardous characteristics, use characteristics and emergency measures in case of accidents. Transportation of dangerous chemicals must be equipped with necessary emergency treatment equipment and protective equipment.
Thirty-eighth road transport of dangerous chemicals, the shipper can only entrust a transport enterprise with the qualification of dangerous chemicals transport.
Article 39 Where highly toxic chemicals are transported by road, the shipper shall apply to the public security department of the people's government at the county level at the destination for a road transport pass for highly toxic chemicals.
To apply for a road transport pass for highly toxic chemicals, the shipper shall submit the name, quantity, origin and destination, transport route, transport unit, driver, escort, business unit and purchase unit of dangerous chemicals to the public security department.
The style and specific application methods of the road transport permit for highly toxic chemicals shall be formulated by the public security department of the State Council.
Fortieth, it is forbidden to transport highly toxic chemicals and other dangerous chemicals prohibited by the transportation department of the State Council by using closed waters such as inland rivers and other shipping channels.
The use of closed waters such as inland rivers and other shipping channels to transport dangerous chemicals other than those specified in the preceding paragraph can only be entrusted to a waterway transport enterprise with the qualification for transporting dangerous chemicals, and the formalities shall be completed in accordance with the provisions of the transportation department of the State Council, and the supervision and management of the relevant transportation departments (port departments and maritime administrative agencies, the same below) shall be accepted.
Ships carrying dangerous chemicals and their containers must be produced in accordance with the national ship inspection standards, and can only be put into use after passing the inspection by the ship inspection agency recognized by the maritime administrative agency.
Article 41 When consigning dangerous chemicals, the shipper shall explain to the carrier the name, quantity, hazards and emergency measures of the dangerous chemicals transported.
If it is necessary to add inhibitors or stabilizers to transport dangerous chemicals, the shipper shall add inhibitors or stabilizers when delivering the goods and inform the carrier.
The shipper shall not carry dangerous chemicals in the consigned ordinary goods, and shall not conceal or falsely report dangerous chemicals as consigned ordinary goods.
Article 42 The transportation, loading and unloading of hazardous chemicals shall conform to the provisions of relevant laws, regulations and rules and the requirements of national standards, and necessary safety protection measures shall be taken according to the hazardous characteristics of hazardous chemicals.
Tanks and other containers for transporting hazardous chemicals must be tightly sealed, able to withstand internal pressure and external pressure under normal transportation conditions, and ensure that hazardous chemicals will not leak (overflow) due to changes in temperature, humidity or pressure during transportation.
Forty-third road transport of dangerous chemicals, must be equipped with a courier, and at any time to accept the supervision of the courier. It is not allowed to overload or overload, and it is not allowed to enter the area where vehicles transporting dangerous chemicals are prohibited. If it is really necessary to enter the forbidden area, it shall report to the local public security department in advance, and the public security department shall specify the driving time and route for it. Transport vehicles must comply with the travel time and route specified by the public security department.
Areas where vehicles transporting dangerous chemicals are prohibited from passing shall be designated by the public security department of the municipal people's government with districts, and obvious signs shall be set up.
When it is necessary to stop while transporting dangerous chemicals or in case of abnormal transportation, it shall report to the local public security department.
Article 44 When a highly toxic chemical is stolen, lost, diffused or leaked during road transportation, the carrier and escort personnel must immediately report to the local public security department and take all possible warning measures. After receiving the report, the public security department shall immediately inform other relevant departments of the situation; The relevant departments shall take necessary safety measures.
Article 45 No unit or individual may mail or carry dangerous chemicals in the mail, or conceal or falsely mail dangerous chemicals as ordinary articles.
Article 46 The transportation of hazardous chemicals by rail or air shall be carried out in accordance with the relevant regulations of the railway and civil aviation departments of the State Council.
Chapter V Registration of Hazardous Chemicals and Emergency Rescue of Accidents
Article 47 The State implements a registration system for hazardous chemicals to provide technical and information support for the safety management of hazardous chemicals, accident prevention and emergency rescue.
Article 48 Enterprises engaged in the production and storage of hazardous chemicals and units that use highly toxic chemicals and other hazardous chemicals whose quantity constitutes a major hazard source shall register hazardous chemicals with the agency responsible for the registration of hazardous chemicals in the comprehensive economic and trade management department of the State Council. The specific measures for the registration of hazardous chemicals shall be formulated by the comprehensive economic and trade administration department of the State Council.
The institution responsible for the registration of hazardous chemicals shall provide the relevant departments of environmental protection, public security, quality inspection and health with the registration information of hazardous chemicals.
Article 49 The department of the local people's government at or above the county level responsible for the comprehensive work of safety supervision and management of hazardous chemicals shall, jointly with other relevant departments at the same level, formulate emergency rescue plans for hazardous chemical accidents, which shall be implemented after being approved by the people's government at the same level.
Fiftieth dangerous chemicals units shall formulate their own emergency rescue plans, equip emergency rescue personnel and necessary emergency rescue equipment, and organize drills regularly.
The emergency rescue plan for hazardous chemical accidents shall be reported to the department of the Municipal People's Government in charge of the comprehensive work of safety supervision and management of hazardous chemicals for the record.
Article 51 In the event of a dangerous chemical accident, the main person in charge of the unit shall immediately organize rescue according to the emergency rescue plan formulated by the unit, and immediately report to the local department responsible for the comprehensive work of safety supervision and management of dangerous chemicals and the departments of public security, environmental protection and quality inspection.
Fifty-second after the occurrence of dangerous chemicals accidents, the relevant local people's governments should do a good job in command and leadership. Departments responsible for the comprehensive work of safety supervision and management of hazardous chemicals and relevant departments of environmental protection, public security, health, etc. shall organize and implement rescue according to the local emergency rescue plan, and shall not delay or shirk. The relevant local people's governments and their relevant departments shall take necessary measures in accordance with the following provisions to reduce accident losses and prevent accidents from spreading and expanding:
(a) immediately organize the rescue of victims, organize evacuation or take other measures to protect other personnel in the dangerous area;
(2) Quickly control the hazard sources, inspect and monitor the hazards caused by dangerous chemicals, and determine the dangerous areas of accidents, the nature and degree of hazards of dangerous chemicals;
(3) In view of the actual harm and possible harm caused by the accident to human body, animals and plants, soil, water source and air, take measures such as sealing, isolation and decontamination quickly;
(four) to monitor and dispose of the hazards caused by dangerous chemical accidents until they reach the national environmental protection standards.
Article 53 Enterprises producing hazardous chemicals must provide technical guidance and necessary assistance for emergency rescue of hazardous chemical accidents.
Article 54 Information on environmental pollution caused by hazardous chemical accidents shall be uniformly published by the environmental protection department.
Chapter VI Legal Liability
Article 55 The staff of the relevant departments that supervise and manage the production, management, storage, transportation, use and disposal of hazardous chemicals according to law shall be given administrative sanctions of demotion or dismissal according to law if they commit any of the following acts; Anyone who violates the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of accepting bribes, abusing his power, neglecting his duty or other crimes:
(1) Taking advantage of his position, accepting property or other benefits from others, and approving or licensing the production, operation, storage, transportation, use and disposal of hazardous chemicals that do not meet the requirements stipulated in these Regulations;
(two) found that the units and individuals that have not obtained approval or permission according to law engage in related activities without authorization or refuse to ban or deal with them according to law after receiving the report;
(three) units and individuals that have obtained approval or permission according to law do not perform their duties of supervision and management, and find that they no longer meet the conditions stipulated in these regulations, but they do not revoke the original approval or permission, or do not investigate and deal with violations of these regulations.
Article 56 If a dangerous chemical accident occurs, the relevant departments fail to perform their duties in accordance with the provisions of these Regulations, organize rescue or take necessary measures to reduce the accident losses and prevent the accident from spreading and expanding, or delay or shirk, the responsible person in charge and other directly responsible personnel shall be given administrative sanctions of demotion or dismissal according to law; Those who violate the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of abuse of power, dereliction of duty or other crimes.
Article 57 In case of any of the following acts in violation of the provisions of these Regulations, the administrative department for industry and commerce, the quality inspection department and the department responsible for the comprehensive work of safety supervision and management of hazardous chemicals shall, according to their respective functions and powers, shut down or order them to stop production and business for rectification, and order them to harmlessly destroy the hazardous chemicals they produce. Operating and using rodenticides that are prohibited by the state or produced with highly toxic chemicals, and other chemical products and daily chemicals that may enter people's daily lives; Illegal income, confiscate the illegal income; If the illegal income is more than 6,543,800 yuan, a fine of 654.38+ 0 times but less than 5 times of the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 654.38+10,000 yuan, a fine of 50,000 yuan to 500,000 yuan shall be imposed; Those who violate the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of causing accidents with dangerous goods, the crime of illegal business operation or other crimes:
(1) engaging in the production and storage of dangerous chemicals without approval or industrial and commercial registration;
(2) starting to produce dangerous chemicals without obtaining a production license for dangerous chemicals;
(3) Altering or expanding the production and storage enterprises of hazardous chemicals without examination and approval;
(4) Failing to obtain a business license for hazardous chemicals or to work at a post.