Article 1 In order to strengthen the management of safety evaluation institutions and safety production inspection institutions (hereinafter referred to as safety evaluation inspection institutions) and standardize safety evaluation and safety production inspection behaviors, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) on Safety in Production, the Law of People's Republic of China (PRC) on Administrative Licensing and other relevant provisions.
Article 2 These Measures shall apply to the qualification application of safety evaluation and testing institutions in People's Republic of China (PRC), the statutory safety evaluation and testing services (Annex 1), and the qualification identification, supervision and management of safety evaluation and testing institutions implemented by emergency management departments and coal mine safety production supervision and management departments.
Measures for the administration of safety evaluation, testing and inspection institutions engaged in offshore oil and gas exploitation shall be formulated separately.
Article 3 The emergency management department of the State Council is responsible for guiding the management of national safety evaluation, testing and inspection institutions, establishing the information inquiry system of safety evaluation, testing and inspection institutions, and improving the standard system of safety evaluation, testing and inspection.
The emergency management department of the provincial people's government and the supervision and administration department of coal mine safety production (hereinafter referred to as the qualification accreditation authority) shall, according to their respective duties, be responsible for the qualification accreditation, supervision and administration of safety evaluation, testing and inspection institutions respectively.
The municipal people's government with districts, the emergency management department of the people's government at the county level and the supervision and administration department of coal mine safety production shall, according to their respective functions and duties, supervise and inspect the practice of safety evaluation, testing and inspection institutions, and impose administrative penalties on the illegal acts found according to law.
Article 4 Safety evaluation, testing and inspection institutions and their employees shall independently carry out safety evaluation and testing according to laws, regulations, rules and standards, and follow the principles of scientific justice, independence and objectivity, safety and accuracy, honesty and trustworthiness, and be responsible for the safety evaluation and testing results made by them.
Article 5 The State supports industry organizations that provide technical services for safety evaluation, testing and inspection, and encourages relevant industry organizations to establish a credit evaluation system for safety evaluation, testing and inspection institutions, improve the evaluation system for technical service capabilities, improve the working mechanism of technical arbitration, strengthen industry self-discipline, standardize professional behaviors and maintain industry order.
Chapter II Qualification Determination
Article 6 To apply for the qualification of a safety evaluation institution, the following conditions shall be met:
(1) It has the qualification of an independent legal person, and its fixed assets are not less than 8 million yuan;
(2) The construction area of the workplace shall be no less than 1000 square meters, including the archives room, and the technical guarantee conditions such as facilities, equipment and software can meet the work requirements;
(3) Full-time safety assessors of institutions undertaking safety assessment of mines, metal smelting, production and storage of hazardous chemicals and business scope of fireworks and firecrackers shall not be lower than the equipment standards stipulated in these Measures (Annex1);
(4) There shall be no less than 25 full-time safety evaluation personnel of the safety evaluation institution undertaking a single business scope; For each additional industry (field), at least 5 full-time safety assessors shall be added according to the professional equipment standards; Among full-time safety assessors, the proportion of first-class safety assessors is not less than 20%, the proportion of first-class and second-class safety assessors is not less than 50%, and the proportion of registered safety engineers above the intermediate level is not less than 30%;
(5) Having a sound internal management system and a safety evaluation process control system;
(six) the legal representative issued a letter of commitment to know and bear the legal responsibilities, obligations, rights and risks of safety evaluation;
(seven) equipped with full-time technical person in charge and process control person in charge; The full-time technical person in charge has the professional qualification of a first-class safety evaluator, and has a senior professional and technical title that matches the business carried out, and has been engaged in the industry for more than eight years; The full-time person in charge of process control has the professional qualification of safety assessor;
(eight) the website is in normal operation and can be used for the public to inquire about institutional information;
(9) It has no record of serious violation of law and dishonesty within three years from the date of application;
(10) Other conditions stipulated by laws and administrative regulations.
Article 7 To apply for the qualification of a safety production inspection agency, the following conditions shall be met:
(1) An independent legal person with fixed assets of not less than10 million yuan;
(two) the construction area of the workplace is not less than 1000 square meters, and there are facilities, equipment and environment suitable for safety production inspection. The original value of inspection facilities and equipment is not less than 8 million yuan;
(3) There shall be no less than 25 professional and technical personnel of the safety production inspection and testing institutions undertaking a single business scope; Every time an industry (field) is added, at least 5 professional and technical personnel are added; Among professional and technical personnel, the proportion of intermediate and above registered safety engineers is not less than 30%, the proportion of intermediate and above technical titles is not less than 50%, and the proportion of senior technical titles is not less than 25%;
(four) professional and technical personnel have professional skills suitable for undertaking safety inspection work, and have worked in this industry for more than two years;
(five) the legal representative issued a letter of commitment to know and bear the legal responsibilities, obligations, rights and risks of production safety inspection;
(six) the person in charge of production safety inspection, the person in charge of technology and the person in charge of quality have senior technical titles and have worked in this industry for more than eight years;
(seven) in line with the "General Requirements for the Capacity of Safety Production Inspection Institutions" and other relevant standards and normative documents of the documented management system;
(eight) websites that are in normal operation and can be used for the public to inquire about institutional information;
(9) It has no record of serious violation of law and dishonesty within three years from the date of application;
(10) Other conditions stipulated by laws and administrative regulations.
Article 8 The following institutions shall not apply for the qualification of safety evaluation, testing and inspection institutions:
(a) the institutions affiliated to the departments specified in Article 3 of these Measures and the enterprise legal persons established by them;
(two) the social organizations owned by the competent departments as stipulated in Article 3 of these Measures and the enterprise legal persons established by them;
(3) The term "enterprise legal person" as mentioned in items 1 and 2 of this article refers to an enterprise legal person established in the form of capital contribution (including holding and equity participation).
Article 9 An applicant who meets the requirements stipulated in Articles 6 and 7 of these Measures shall submit application materials to the qualification accreditation authority of the place of registration when applying for the qualification of safety evaluation, testing and inspection institutions.
The list of application materials shall be formulated separately by the emergency management department of the State Council.
Article 10 A qualification accreditation body shall, within 5 working days from the date of receiving the application materials, accept the application with complete materials and in accordance with the prescribed form, and issue a written acceptance document; If the materials are incomplete or do not conform to the prescribed form, the applicant shall be informed of all the contents that need to be corrected on the spot or within five working days; If it is not accepted, it shall explain the reasons and issue a written certificate.
Article 11 A qualification accreditation body shall, within 20 working days from the date of acceptance, make an announcement on the website of the department, disclose relevant information (Annexes 2 and 3), issue qualification certificates, and incorporate relevant information into the information inquiry system of safety evaluation, testing and inspection institutions; If the examination fails, the qualification certificate shall not be issued, the reasons shall be explained and a written certificate shall be issued.
If expert review is needed, the time for expert review shall not be counted in the review period specified in the first paragraph of this article, but the longest time shall not exceed three months.
The style and numbering rules of the qualification certificate shall be formulated separately by the emergency management department of the State Council.
Article 12 Where the name, registered address, laboratory conditions, legal representative, full-time technical director and authorized signatory of a safety evaluation testing and inspection institution are changed, a written application for change shall be submitted to the original qualification certification authority within 30 days from the date of change. If the qualification accreditation body meets the requirements after examination, it shall make an announcement on the website of the department, and update the relevant information of the information inquiry system of safety evaluation, testing and inspection institutions in time.
Where a safety evaluation, testing and inspection institution changes due to reorganization, division or merger, it shall, within 30 days from the date of change, apply in writing to the original qualification certification authority for re-approval of qualification conditions and business scope.
Safety evaluation, testing and inspection institutions have obtained qualifications for more than one year, and need to change their business scope, they shall submit a written application to the original qualification certification authority. After receiving the application, the qualification accreditation organ shall handle it in accordance with the provisions of Articles 9 to 11 of these Measures.
Thirteenth safety evaluation and testing institutions qualification certificate is valid for five years. If it is necessary to extend the validity period of the qualification certificate, it shall apply to the original qualification certification authority three months before the expiration of the validity period. The original qualification certification authority shall handle it in accordance with the provisions of Articles 9 to 11 of these Measures.
Fourteenth safety evaluation testing and inspection institutions in any of the following circumstances, the original qualification authority shall cancel its qualification, make an announcement on the website of the department, and incorporate it into the information inquiry system of safety evaluation testing and inspection institutions:
(1) The legal person qualification is terminated;
(two) the validity of the qualification certificate has not been extended;
(3) applying for cancellation;
(four) the qualification is revoked, withdrawn or revoked according to law;
(5) Other circumstances in which the qualification shall be cancelled as stipulated by laws and administrative regulations.
If there is no qualified successor after the qualification of the safety evaluation and inspection institution is cancelled, the original safety evaluation and inspection institution and relevant personnel shall continue to be responsible for the safety evaluation and inspection results made before the cancellation.
Chapter III Technical Services
Fifteenth production and business units can independently choose the safety evaluation, testing and inspection institutions with the qualifications stipulated in these Measures, and accept the safety evaluation, testing and inspection services within the scope of their qualifications.
Article 16 When a production and business operation entity entrusts a safety evaluation, testing and inspection institution to provide technical services, it shall sign a technical service contract to specify the service object, scope, rights, obligations and responsibilities.
Where a production and business operation entity entrusts a safety evaluation, testing and inspection institution to provide technical services for safe production, the responsibility for ensuring safe production shall be borne by the entity. The emergency management department and the coal mine safety production supervision and management department shall bear corresponding legal responsibilities for the administrative licensing and administrative punishment decisions made on the basis of safety evaluation reports and inspection reports.
Seventeenth safety evaluation and inspection institutions should establish information disclosure system, strengthen internal management, strict self-discipline. The full-time technical person in charge and the person in charge of process control shall strengthen the management of safety evaluation, testing and inspection activities in accordance with the provisions of laws and regulations.
The leader of the safety assessment project team should have the qualification of safety assessor above Grade II related to the business, and have worked in this industry for more than three years. Other members of the project team shall meet the professional competence standards of full-time safety assessors of safety assessment projects.
Eighteenth safety evaluation, inspection and testing institutions to carry out technical services, it should truthfully record the process control, on-site inspection and testing, and timely file with the on-site images and other supporting materials.
Safety evaluation, inspection and testing institutions shall, in accordance with the relevant provisions, disclose the safety evaluation report, safety production inspection and testing report and on-site inspection images on the Internet.
Nineteenth safety evaluation, testing and inspection institutions shall, within 7 working days before the on-site technical service is carried out, notify the qualification accreditation bodies in the project implementation area in writing (Annex 4), and accept the supervision and spot check of the qualification accreditation bodies and their subordinate departments.
Twentieth production and business units shall supervise the safety evaluation, inspection and inspection process of their own units, be responsible for the authenticity and reliability of the information provided by their own units and the objects of safety evaluation and inspection, and bear relevant legal responsibilities.
Production and business units shall promptly implement the opinions on accident prevention and hidden dangers rectification put forward by safety evaluation, testing and inspection institutions.
Twenty-first safety evaluation, testing and inspection technical service fees in accordance with the relevant provisions. The implementation of government guidance or government pricing management, should strictly implement the government guidance or government pricing policy; Where the market-regulated price is implemented, it shall be determined by the entrusting party and the entrusted party through contract negotiation. Safety evaluation, testing and inspection institutions should take the initiative to disclose service charging standards to facilitate users and the public to inquire.
Technical services such as safety evaluation, testing and inspection entrusted by the examination and approval department during the examination and approval process shall be paid by the examination and approval department and included in the departmental budget, and the examination and approval object shall be free.
Twenty-second safety evaluation and inspection institutions and their employees shall not have the following acts:
(a) in violation of laws and regulations to carry out safety evaluation, testing and inspection;
(two) no longer have the qualification or qualification expired to engage in safety evaluation, testing and inspection;
(three) beyond the scope of business qualification, engaged in statutory safety evaluation, testing and inspection;
(4) Renting or lending qualification certificates for safety evaluation, testing and inspection;
(five) issued a false or major omission of safety evaluation and testing report;
(six) in violation of the provisions of relevant laws and regulations, change or simplify the safety evaluation, testing and inspection procedures and related contents;
(seven) full-time safety assessment division, professional and technical personnel at the same time in more than two safety evaluation and testing institutions;
(eight) the head of the safety evaluation project team and the person in charge of the inspection do not go to the actual site to carry out inspection and other related work;
(nine) the personnel who undertake on-site inspection do not go to the actual site to carry out equipment inspection and other related work;
(ten) using the name of others or allowing others to use my name to sign the safety evaluation, inspection report and original records;
(eleven) do not accept the supervision and spot check of the qualification accreditation organ and its subordinate departments.
The term "false report" as mentioned in these Measures means that the contents of the safety evaluation report and the safety production inspection report are seriously inconsistent with the actual situation at that time, and the qualitative conclusions of the report are seriously deviated from the objective reality.
Chapter IV Supervision and Inspection
Twenty-third qualification accreditation bodies shall establish and improve the relevant systems and procedures of qualification accreditation, supervision and inspection, territorial management of safety evaluation and inspection institutions, strengthen supervision during and after the event, and disclose the supervision and inspection situation and treatment results to the public.
The emergency management department of the State Council can make a comprehensive evaluation of the qualification accreditation work of the qualification accreditation bodies. If it is found that there are major production safety accidents and illegal acts, measures such as interviews, notification, revocation of its qualification determination decision and suspension of its qualification determination right can be taken.
Twenty-fourth qualification accreditation bodies shall include their recognized safety evaluation, testing and inspection institutions in the scope of the annual safety production supervision and inspection plan. Carry out supervision and inspection according to the State Council's regulations on "double randomness and one openness" to ensure coverage at least once every three years.
Where a safety evaluation, testing and inspection institution engages in trans-regional technical services, the qualification accreditation institution at the place where the project is implemented shall timely check the validity period of its qualification, accreditation scope and other information, and conduct spot checks on its technical services.
The qualification certification authority and its subordinate departments shall focus on the supervision and inspection of the qualification conditions, the acceptance of administrative punishment and the complaints and reports of the safety evaluation and inspection institutions registered within their respective administrative areas.
Article 25 In the process of administrative licensing of production safety, the "three simultaneities" review, supervision and inspection of safety facilities of construction projects, and accident investigation, the qualification accreditation bodies and their subordinate departments, coal mine safety supervision institutions and accident investigation teams find that production and business units and safety evaluation, testing and inspection institutions have violated laws and regulations in safety evaluation, testing and inspection activities, and shall be given administrative punishment according to law.
The revocation or revocation of the qualification of the safety evaluation testing and inspection institution shall be decided by the original qualification accreditation authority.
When the decision-making organ makes an administrative penalty decision on the safety evaluation, testing and inspection institutions, it shall timely incorporate relevant information into the information inquiry system of the safety evaluation, testing and inspection institutions.
Twenty-sixth departments responsible for the supervision and administration of production safety and their staff shall not interfere with the normal activities of safety evaluation, testing and inspection institutions. In addition to the technical services purchased by the government, the production and business operation entities shall not be required to accept the technical services of designated safety evaluation, testing and inspection institutions.
Without the basis of laws and regulations or the provisions of the State Council, it is not allowed to set up or set up barriers to the access of safety evaluation, testing and inspection institutions in the form of filing, registration, annual inspection, replacement, and requiring the establishment of branches.
Chapter V Legal Liability
Article 27 If an applicant conceals relevant information or provides false materials to apply for qualification (including qualification renewal, qualification change, business scope increase, etc.), the qualification accreditation authority will not accept it or grant an administrative license, and give it a warning. Applicants are not allowed to apply again within one year.
Twenty-eighth applicants who have obtained qualifications (including qualification renewal, qualification change, business scope increase, etc.) shall be revoked by cheating, bribery and other improper means. The applicant shall not apply again within three years; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-ninth unqualified institutions and their related personnel engaged in safety evaluation, testing and inspection services without authorization, shall be ordered to immediately stop the illegal behavior, and shall be punished in accordance with the following provisions:
(a) institutions have illegal income, confiscate the illegal income, and impose a fine of more than one time and less than three times the illegal income, but the maximum shall not exceed thirty thousand yuan; If there is no illegal income, a fine of more than 5,000 yuan and less than 10,000 yuan shall be imposed;
(two) impose a fine of five thousand yuan and ten thousand yuan on the relevant personnel.
Institutions and their personnel who have committed the illegal acts mentioned in the preceding paragraph shall be recorded in the credit records of relevant institutions and personnel by the qualification accreditation authority, and shall be announced in accordance with relevant regulations.
Thirtieth safety evaluation and inspection institutions in any of the following circumstances, shall be ordered to make corrections or ordered to make corrections within a time limit, given a warning, and may be fined 1 10,000 yuan; If no correction is made within the time limit, a fine of 1 10,000 yuan but not more than 30,000 yuan shall be imposed, and a fine of 1000 yuan but not more than 5,000 yuan shall be imposed on the responsible person; If the circumstances are serious, a fine ranging from 1 10,000 yuan to 30,000 yuan shall be imposed, and a fine ranging from 5,000 yuan to 1 10,000 yuan shall be imposed on the relevant responsible person:
(1) Failing to sign a technical service contract with the entrusting party according to law;
(two) in violation of laws and regulations to change or simplify the safety evaluation, testing and inspection procedures and related content;
(3) Failing to disclose relevant information such as safety evaluation report, safety production inspection report and on-site inspection image data as required;
(4) Failing to notify the qualification accreditation body of the project implementation place in writing within seven working days before the on-site technical service is carried out;
(five) the name, registered address, laboratory conditions, legal representative, full-time technical person in charge and authorized signatory of the organization have not been changed within 30 days, and the application for change has not been submitted to the original qualification certification authority;
(six) failing to engage in safety evaluation, testing and inspection activities in accordance with the mandatory provisions of relevant laws and regulations;
(7) Renting or lending qualification certificates for safety evaluation, testing and inspection;
(eight) the head of the safety evaluation project team and the person in charge of the inspection do not go to the actual site to carry out inspection and other related work;
(nine) the personnel who undertake on-site inspection do not go to the actual site to carry out equipment inspection and other related work;
(10) There are major omissions in the safety evaluation report, such as errors in citing laws and regulations, omissions in key hazardous and harmful factors, errors in identifying major hazard sources, and serious discrepancies between countermeasures and suggestions and existing problems, but no major losses have been caused;
(eleven) there are major omissions in the safety production inspection report, such as errors in citing laws and regulations, omissions in key projects, unclear conclusions, etc., but no major losses have been caused.
Thirty-first institutions that undertake safety evaluation, testing and inspection issue false certificates, and their illegal income shall be confiscated; If the illegal income is more than 100,000 yuan, a fine of more than one time and less than five times the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 100,000 yuan, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed; The directly responsible person in charge and other directly responsible personnel shall be fined between 20,000 yuan and 50,000 yuan; If it causes damage to others, it shall be jointly and severally liable for compensation with the production and business operation entity; If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.
For institutions that violate the law mentioned in the preceding paragraph, the qualification accreditation authority shall revoke their corresponding qualifications, announce them to the public, prohibit relevant institutions and their responsible personnel from entering the industry in accordance with relevant state regulations, and incorporate them into the "blacklist" management of bad records, as well as the information inquiry system of safety evaluation, testing and inspection institutions.
Chapter VI Supplementary Provisions
Article 32 These Measures shall be implemented as of May 20 19 1 day. Regulations on the Administration of Safety Production Inspection and Inspection Institutions (formerly OrderNo. 12 of the State Administration of Work Safety) was issued on June 5438+0, 2007, revised on May 29, 2065, issued on July 1 2009, and issued on August 29, 2065, 438+03.
Legal basis:
Measures for the administration of safety evaluation, testing and inspection institutions
Article 1 In order to strengthen the management of safety evaluation institutions and safety production inspection institutions (hereinafter referred to as safety evaluation inspection institutions) and standardize safety evaluation and safety production inspection behaviors, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) on Safety in Production, the Law of People's Republic of China (PRC) on Administrative Licensing and other relevant provisions.