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 Infopetro -> Laws & Regulation


Provisions of Safety Training at Production Operation Work Units

  03/16/2007


Chapter One: General Provisions

Clause 1: In order to enhance and regulate safety training works at production operation work units, hence improve the safety management quality, prevent work place injuries, and reduce occupational hazards, this provision is developed according to relevant laws and administrative regulations.
Clause 2: This provision is applicable to safety training of all employees working in production operation enterprises involved in manufacturer, mining, commercial operations and trading business.
Clause 3: The production operation work unit is responsible for the safety training programs of its own employees. Work units should establish and upgrade safety training policies according to Safe Production Law and relevant laws, administrative regulations and this provision.
Clause 4: The employees who should take safety trainings at production operation work units include key management personnel, HSE safe production management personnel, special operation personnel and other employees.
The employees of production operation work units should take safety training programs to be familiar with relevant safe production regulations and safe operation procedures, and be equipped with necessary safe work knowledge and skills associated with operations, hence improve capabilities in preventing accidents, controlling occupational hazards and handling emergencies.
Employees who have not taken safety trainings and received qualification certificates are not allowed to take assigned jobs.
Clause 5: The State Administration of Work Safety directs the national safety training works, and executes supervision management works on safety training programs of the country.
Relevant management departments at the State Council directs the safety training works in the industries of its own administration according to its responsibilities and develops execution procedures according to the regulations stipulated in this provision.
The State Administration of Coal Mine directs and supervises the safety training works in all coal mines of the country.
The safe work monitoring management departments and safety supervisory institutes of coal mines (herein after referred as Safe Work Monitoring and Supervision Department) execute supervisory management on safety training at production operation work units by laws according to their specific job responsibilities.
Chapter Two: Safety Training of Key Management Personnel, HSE Management Personnel
Clause 6: All key management personnel and HSE management personnel should take safety trainings, and be equipped with adequate safe work knowledge and management capabilities associated with the specific production and operation activities.
Key management personnel and HSE management personnel from production and operation work units of coal mines, non-coal mines, hazardous chemicals and fireworks must take special safety training programs, and can only be appointed for their job positions after having received safety certificates upon having passed the exams organized by Safe Work Monitoring and Supervision Department on the candidates?safe work knowledge and management capabilities.
Clause 7: The safety training organized for the key management personnel from production and operation work units should include the following contents:
(1) The principles of the state on safe work productions, policies and relevant laws, provisions, regulations and standards on safe work;
(2) Fundamental knowledge on safe work management, safe work techniques, safe work professional knowledge;
(3) Relevant provisions on management of vital hazardous sources, prevention of major accidents, emergency and rescue as well as investigation and handling of accidents;
(4) Occupational hazards and preventative procedures;
(5) Advanced management experience on safe works both in China and the world;
(6) Analysis of typical accidents and emergency rescue case studies;
(7) Other programs which are considered as necessary.
Clause 8: The safety training of HSE management personnel from production and operation work units should include the following contents:
(1) The principles of the state on safe work productions, policies and relevant laws, provisions, regulations and standards on safe work;
(2) Knowledge on safe work management, safe work techniques, and occupational hygiene, etc.;
(3) Statistic analysis of casualties, reporting procedures, investigation and handling procedures of occupational hazards;
(4) Emergency management, preparation of an emergency plan, contents and requirements on emergency handling;
(5) Advanced management experiences on safe works both in China and the world;
(6) Analysis of typical accidents and emergency rescue case studies;
(7) Other programs which are considered as necessary.
Clause 9: The time period for the initial safety training of key management personnel and HSE management personnel from production and operation work units is no fewer than 32 hours, and no fewer than 12 hours on subsequent training programs each year.
The time period for the safety certificate training programs organized for key management personnel and HSE management personnel from production and operation units associated with coal mines, non-coal mines, hazardous chemicals and fireworks should be no fewer than 48 hours, and no fewer than 16 hours on subsequent training programs each year.
Clause 10: The safety training programs organized for the key management personnel and HSE management personnel must be prepared according to the safety training curriculum developed by Safe Work Monitoring and Supervision Department.
The Safety training curriculum and exam standards applicable for key management personnel and HSE management personnel working in operation work units associated with non-coal mines, hazardous chemicals, fireworks, etc. are developed by Safe Work Monitoring and Supervision Department.
The safety training curriculum and exam standards applicable for key management personnel and HSE management personnel of coal mines are developed by the State Administration of Coal Mine Safety.
The safety training curriculum and exam standards applicable for key management personnel and HSE management personnel working in other production and operation work units other than coal mines, non-coal mines, hazardous chemicals and fireworks are developed by Safe Work Monitoring and Supervision Department of provincial administration, Autonomies regions and Municipalities
Clause 11: The safety certificate training of key management personnel and HSE management personnel from production and operation units of coal mines, non-coal mines, hazardous chemicals and fireworks required to be trained at qualified safety training institute certified by Safe Work Monitoring and Supervision Department.
Clause 12: Upon safety qualification training and exam approval, safety certificates are issued by Safe Work Monitoring and Supervision Department to key management personnel and HSE management personnel from production and operation units of coal mines, non-coal mines, hazardous chemicals and fireworks.
Key management personnel and HSE management personnel from production and operation work units of other industries are issued with relevant training certificates after having taken trainings and exams organized by qualified training institute approved by Safe Work Monitoring and Supervision Department.
Chapter Three: Safety Training of Other Employees
Clause 13: Production and operation work units of coal mines, non-coal mines, hazardous chemicals and fireworks must provide compulsory safety training to temporary staff, contracted staff, service staff, rotational staff and part-time staff who are newly assigned with jobs to ensure that these jobs can be safely operated, and they are equipped with adequate knowledge and skills in self-rescue and rescue of each other.
Clause 14: All other employees working for fabrication and manufacture work units must take trainings at factory (mine) administration level, workshop (work divisions, regions, and teams) levels, and crew levels before being assigned with specific jobs.
Production and operation work unit provide safety training to other work staff to ensure that these people are equipped with safe work operational skills, knowledge and techniques in handling of emergencies according to specific work assignments.
Clause 15: The pre-job training time for new staff working in production and operation work units should be no fewer than 24 hours.
The pre-job training time for new staff working in production and operation work units of coal mines, non-coal mines, hazardous chemicals and fireworks should be no fewer than 72 hours, and the subsequent training time should be no fewer than 20 hours each year.
Clause 16: The training contents on pre-job safety training at factory (mine) administration level should include:
(1) The safe work situations and safe work basic information of the work unit;
(2) Safe work regulations and work disciplines of the work unit;
(3) The safe work rights and responsibilities of employees;
(4) Relevant accident cases, etc.
In addition to the above contents in safety training, the training at a factory level from production and operation work units of coal mines, non-coal mines, hazardous chemicals, and fireworks should include emergency rescues, emergency plans on accidents,. practice-drills and preventative procedures, etc.
Clause 17: The pre-job safety training at workshop (work divisions, regions and teams) should include the following:
(1) Work environment and dangerous factors;
(2) Occupational injuries and casualties which might occur to the specific jobs as assigned to workers;
(3) Safety responsibilities, operational skills and compulsory standards on the assigned jobs;
(4) Methods in self-rescue, rescue of each other and emergency rescue, evacuation and handling of emergency situations at work;
(5) Safety facilities and equipment, use and maintenance of personal protection items;
(6) Production conditions and regulations issued by the workshop (work divisions, regions and teams):
(7) Measures in prevention of accidents and occupational danger as well as safety issues to be concerned of;
(8) Relevant accident cases;
(9) Other required training programs.
Clause 18: The pre-job safety training at crew level should include:
(1) Safe operation procedures of the specific job;
(2) Safety and occupational hygiene issues in relevance to between-job cooperation and coordination;
(3) Relevant accident cases;
(4) Other required training contents.
Clause 19: All employees who have been transferred or left the job for more than one year and resume working on the job should take safety trainings at the workshop (work divisions, regions and teams) level.
When a production work unit initiates a new production process, new technology or uses new equipment, it should provides relevant training on safety to relevant personnel who are assigned on the job.
Clause 20: The staff assigned with special jobs in a production and operation work unit must take specially prepared safety training according to relevant State laws, provisions and regulations, and can only be approved to work after having received special job operation certificates from exam approvals.
The management methods in training and exam for special job workers are regulated separately.
Chapter Four: Organization and Execution of Safety Training Programs
Clause 21: The State Administration of Work Safety organizes, directs and supervises the safety training programs designed for key management personnel and HSE management personnel of the production and operation work units at corporate(group corporate, general factory) level under the administration of the central government.
The State Administration of Coal Mine Safety organizes, directs and supervises the safety training programs dedicated for key management personnel and HSE management personnel of the coal mine enterprise and corporate level under the administration of the central government.
The Provincial Safe Work Monitoring and Supervision Department are responsible to organize, direct and supervise the training programs for key management personnel and HSE management personnel of the production and operation work units under the administration of the provincial government and the industry subsidiary divisions under the administration of central government but located in the provincial territory.
The Provincial Administration of Coal Mine Safety organizes, directs and supervises the key management personnel, HSE management personnel and special job employees (including special equipment operators in coal mines) from coal mines of its own administration territory.
The Municipal and County Administration of Safe Work Monitoring and Supervision Department organizes, directs and supervises the safe work training programs for key management personnel, HSE management personnel of other production and operation units except for enterprises under the administration of the central and provincial government of the administration territories.
Except for key management personnel, HSE management personnel and special operation personnel, the safety training program for employees are organized and executed by the production and operation work unit.
Clause 22: The production and operation work unit equipped with safety trainings should mainly depend on internal training, and may also contract safety training institutes with relevant qualifications to provide safety trainings to employees.
The production and operation work units which are not equipped with safety training conditions should contract qualified safety training programs to provide trainings to employees.
Clause 23: The production and operation work units should include safety training works in the annual work plan of the organization to ensure the budget required for safety training.
Clause 24: The production and operation unit should establish and upgrade the dossiers on safety training programs with detailed and accurate records in training and exams of the employees.
Clause 25: The production and operation work units shall pay work compensations and necessary expenses during the period of employees?safety training programs.
Chapter Five: Supervision Management
Clause 26: Safe Work Monitoring and Supervision Department conducts supervisory and inspection works on safety training works of production and operation work units according to laws and regulations to supervise the production and operation work units to organize safety training works according to relevant state laws and regulations stipulated in this provision.
The Safe Work Monitoring and Supervision Department of local government above county administration level is responsible for providing supervision on safety training programs organized for coal mine workers working in underground coal mines. The State Administration of Coal Mine Work Safety conducts supervision works on safety training of special operators and the situations of operators having approved with operation certificates.
Clause 27: The Safe Work Monitoring and Supervision Department of various administration levels provides supervisions on safety training of production and operation work units and operators with qualified certificates, which mainly include the following contents:
(1) Safety training policies, development of training plans and execution records;
(2) Records on key management personnel and HSE management personnel working with qualified certificates in production and operation work units in coal mines, non-coal mines, hazardous chemicals and fireworks; training of key management personnel and HSE management personnel of other production and operation work units;
(3) Records on special operation personnel with qualified certificates in performing the specified jobs;
(4) Records in establishing of safety training dossiers;
(5) Other contents which require inspections.
Clause 28: The Safe Work Monitoring and Supervision Departments organize strict exams and issue safe work qualification certificates to key management personnel and HSE management personnel from production and operation work units in coal mines, non-coal mines, hazardous chemicals and fireworks according to this provision. Charges on exams are strictly prohibited.
The individuals of Safe Work Monitoring and Supervision Department responsible to organize exams and issue certificates are prohibited from negligence on duties and abusing of management power.
Chapter 6: Punishment Provisions
Clause 29: Should any of the following violations are confirmed, the Safe Work Monitoring and Supervision Department is responsible to issue orders for corrections by offenders within a limited period and charge the offender with fines in the amount of 20,000 RMB or less:
(1) Fail to develop safety training programs into the annual plan of the work unit and fail to allocate expense budgets on safety training works;
(2) Fail to establish and upgrade safety training dossiers of employees;
(3) Fail to pay salary and safety training expenses to employees during their safety training programs.
Clause 30: Should any of the following violations are confirmed, the Safe Work Monitoring and Supervision Department is responsible to issue orders for corrections by offenders within a limited period; and issue orders for suspension of the operation which fail to make corrections on due date, and charges the offender with fines in the amount of 20,000 RMB or less :
(1) Key management personnel and HSE management personnel of production and operation work units from coal mines, non-coal mines, hazardous chemicals and fireworks fail to take exams and receive qualification certificates according to this provision;
(2) The production and operation work units of non-coal mines, hazardous chemicals and fireworks fail to provide safety training to other employees according to this provision;
(3) Production and operation work units of non-coal mines, hazardous chemicals and fireworks fail to inform employees with true information on relevant safe work regulations;
(4) Special operation employees of production and operation work unit fail to take special safety training programs and receive operator's certificates for special operation jobs according to this provision but are caught to work on special operation jobs.
The above-county administration level in charge Safe Work Monitoring and Supervision department issues order for corrections by offenders within a limited time period to coal mines which fail to provide safety trainings to miners working in underground coal mines, charges offender fines in the amount of 100,000 and 500,000 RMB, and further orders suspension of the operation, if the work unit fails to comply with corrections by the specified due date.
Should special operation workers are found working without having received qualified certificates, the Coal Mine Safety Supervision Department issues order for corrections by the responsible organization within a limited time period, charges the offender fines in the amount of 100,000 and 500,000 RMB, and further orders suspension of the operation, if the work unit fails to comply with corrections by the due date.
Clause 31: Should any of the following violation is identified, the Safe Work Monitoring and Supervision Department issues warning to the production and operation work unit, calls for cancellation of the offender's safe work qualification certificate, and charges the offender with fines in the amount of 30,000 RMB or less:
(1) Fabricate safety training records and dossiers:
(2) Defraud safety qualification certificate.
Clause 32: Any officials working at Safe Work Monitoring and Supervision Department are identified to be negligence of job and abusing power, they shall be given administrative warning with a liability fault record by the upper-level Safe Work Monitoring and Supervision Department or Administration Supervision Department.
Chapter Seven: Supplementary Provision
Clause 33: The key management personnel are refereed as directors and general managers of the board in a limited or share holding company, and directors, managers, bureau directions (of mines), mine managers (including actual controller), etc.
The HSE management personnel are referred as the responsible individuals who are assigned for work safety management, managers of HSE department, the full-time and part-time staff responsible for HSE management at a production an operation work unit which does not have a safe work management department, etc.
Other employees of a production and operation work unit are referred as all people who are involved in production and operation activities including other directors, other managers, technical personnel, workers of various job descriptions and part-time employees except for key management personnel, HSE management personnel and special operation personnel.
Clause 34: The Safe Work Monitoring and Supervision Departments of provincial administrations, autonomies regions and municipalities and the Coal Mine Safety Supervision Institute of provincial level may develop detailed provisions according to this provision, and submit the provisions to the State Administration of Work Safety and State Administration of Coal Mine Safety for records.
Clause 35: This provision becomes effective on March 1, 2006.



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