Dangerous chemical products become the focus of the "Twelfth Five-Year Plan" safety legislation

As of July 11, the State Administration of Work Safety solicited the "Twelfth Five-Year Plan for Safety Production" (Consultation Draft). The opinions have been closed. The provincial and municipal safety supervision bureaus have basically feedbacked opinions. The State Administration of Work Safety has absorbed these opinions. After the comments, the pace of work safety legislation in the “Twelfth Five-Year Plan” will be accelerated. The reporter learned from an interview yesterday that during the “12th Five-Year Plan” period, among the departmental regulations that will be revised in China, there are nearly 20 dangerous chemical products and related industries, accounting for nearly 1/3 of the total. After the introduction of these regulations, China's dangerous chemicals safety laws and regulations system will tend to improve.

According to Zhi Tongxiang, Director of the Department of Policy and Regulation of the State Administration of Work Safety, China has successively issued more than 40 safety production laws and administrative regulations, such as the "Safety Production Law" and "Dangerous Chemical Safety Management Regulations," and the State Administration of Work Safety and the State Council. Relevant departments have successively formulated more than 80 departmental regulations such as the "Administrative Punishment Measures for Illegal Acts of Safe Production", and initially established a legal system of safe production with Chinese characteristics. However, the current work safety legislation still has issues such as insufficient science and legislation, the need to improve the quality of laws and regulations, insufficient convergence between laws and regulations, and lack of holistic issues. It is therefore imperative to improve the safety production legislation in the “Twelfth Five-Year Plan”.

Sun Huashan, deputy director of the State Administration of Work Safety, pointed out that due to restrictions on legislative resources and legislative mechanisms, some of China's existing laws and regulations have been formulated for more than 10 years and have not yet been revised, and can no longer meet the needs of the current work safety work. For example, the Mine Safety Law was enacted in 1992. Over the years, the mine safety inspection and management system has undergone changes. This law mainly targets solid mines and lacks legal norms for the safety of oil and gas exploration. In addition, in recent years, the country has adopted some effective major decisions and measures for mine safety production, and it needs to be legalized and institutionalized. For another example, the "Measures for the Administration of Dangerous Chemicals Business Licenses" is a departmental regulation promulgated by the former State Economic and Trade Commission in 2002. With the many reforms of government agencies and the new Regulations on the Administration of Dangerous Chemicals Safety, the Dangerous Chemicals Business License is issued. The issuance of adjustments to the management body will not require the revision of the original regulations to suit the needs of the hazardous chemicals management and management under the new system.

Sun Huashan said that in the face of changes in the mode of economic development, the merger and reorganization and integration work is advancing, the industrial structure adjustment continues to deepen new issues, new issues, and new conflicts in safety production, and the lack of emergency preparedness for production safety accidents. The lack of production regulations has not kept pace with the need for safe production. For example, in recent years, there have been frequent occurrences of dangerous chemical product pipeline accidents. These include the “7·16” oil pipeline explosion fire accident of Dalian PetroChina International Storage & Transportation Co., Ltd. and the “7.28” underground propylene pipeline leakage explosion accident in Nanjing. These accidents have caused great harm to people's lives, property, and the natural environment, and have caused adverse social impacts. However, the safety management of hazardous chemicals pipelines has always lacked corresponding laws and regulations. Therefore, it is necessary to formulate special regulations to regulate the safety management of hazardous chemicals conveying pipelines.

The reporter learned that the “Twelfth Five-Year Plan of Safety Production” (Draft for Soliciting Opinions) made it clear that the laws that China will amend and revise are the “Mining Safety Law” and the “Safety Production Law”; the administrative regulations are “Safety Production Emergency There are 7 departments such as the “Regulations on Management”, and there are 64 departments such as “Management Methods for Occupational Health in Construction Projects” and other regulations. There are nearly 20 departments in the departmental regulations and related to the hazardous chemicals industry. Among them, the “Implementation Measures for Safety Production Licenses for Hazardous Chemical Production Enterprises” and “Measures for the Implementation of Safety Permits for Hazardous Chemical Construction Projects” have been revised. Administrative Measures for the Administration of Licensed Hazardous Chemicals, Administrative Measures for the Registration of Hazardous Chemicals, and Measures for the Production and Management of Non-pharmaceutical Precursor Chemicals, etc. The Provisional Regulations on the Supervision and Management of Dangerous Sources and the Rules on Emergency Rescue of Acute Poisoning in Chemical Enterprises, and more than 10 departments.

Relevant experts pointed out that after the introduction of the regulations for hazardous chemicals that have been included in the revision plan, they will fill the gap in China's production safety regulations for dangerous chemicals, and the legal and regulatory system for the production of dangerous chemicals will become increasingly perfect. For example, the Regulations for the Safety Management of Hazardous Chemicals Pipelines will focus on the planning, construction, and operational safety management requirements and supervision and management of hazardous chemical product pipelines. The Regulations on the Supervision and Administration of Onshore Oil and Gas Safety will clarify land petroleum. The contents of natural gas exploration, exploitation, supervision and management, etc., and the “Measures for the Administration of Licenses for the Use of Hazardous Chemicals Safety” mainly define the objects to be adjusted for the implementation of safe use licenses for hazardous chemicals, the conditions for the safe use of licenses, and the procedures and contents for the implementation of licenses. , supervision and management, legal responsibilities, etc.; “Measures for the Management of Physical Hazard Identification and Classification of Chemicals” includes: clearly identified and classified objects, procedures and methods for identifying and classifying chemical physical hazards, identification reports and classification reports. The content requirements stipulate the qualification conditions and accreditation procedures, supervision and management, and legal responsibilities of the accreditation body.

In addition, the Regulations on the Safety Design of Chemical Construction Projects, the Safety Ban on Chemical Production, and the Regulations on the Supervision and Administration of the Production and Management of Non-pharmaceutical Precursor Chemicals, etc., will make clear the supervision and management of safety production from different angles. Provisions to fill gaps in regulations for the safety supervision of hazardous chemicals.

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