Jian Zhi [2014] No.111
Housing and Urban-Rural Construction Departments of all provinces and autonomous regions, Construction Committees of municipalities directly under the Central Government (diplomatic relations committees) and Construction Bureau of Xinjiang Production and Construction Corps:
In order to implement the requirements of relevant documents in the State Council, further strengthen the management of construction safety production, implement the main responsibility of enterprise safety production, and standardize the evaluation of construction safety production standardization, our department has formulated the Interim Measures for the Evaluation of Construction Safety Production Standardization. Is issued to you, please actual, conscientiously implement.
Ministry of Housing and Urban-Rural Development
July 31, 2014
Interim Measures for Standardization Evaluation of Construction Safety Production
Chapter I General Principles
Article 1 In order to further strengthen the management of safety production in construction, implement the main responsibility of safety production in enterprises, and standardize the standardized assessment of safety production in construction, these Measures are formulated according to the Notice of the State Council on Further Strengthening the Work of Safety Production in Enterprises (Guo Fa [2010] No.23) and the Opinions of the State Council on Adhering to Scientific Development and Safe Development to Promote the Continuous, Stable and Better Situation of Safety Production (Guo Fa [2011] No.40).
Article 2 The term "standardization of production safety in construction" as mentioned in these Measures refers to that construction enterprises implement construction safety laws, regulations and standards in construction activities, establish the responsibility system for production safety in enterprises and projects, formulate safety management systems and operating procedures, monitor sub-projects with greater risks, investigate and control potential safety hazards, and keep people, machines, objects and environment in a safe state all the time, thus forming a safety management mechanism of process control and continuous improvement.
Article 3 The standardized evaluation of construction safety production mentioned in these Measures includes the standardized evaluation of construction project safety production and the standardized evaluation of construction enterprise safety production.
Construction projects refer to new construction, expansion and reconstruction of housing construction and municipal infrastructure projects.
Construction enterprises refer to general contracting and professional contracting enterprises engaged in building, expanding and rebuilding houses and municipal infrastructure projects.
Article 4 The competent department of housing and urban-rural construction in the State Council shall supervise and guide the national standardization assessment of construction safety production.
The competent department of housing and urban construction of the local people’s governments at or above the county level shall be responsible for the standardization assessment of construction safety production within their respective administrative areas.
The competent department of housing and urban construction of the local people’s government at or above the county level may entrust the construction safety supervision institution to implement the standardized assessment of construction safety production.
Fifth construction safety production standardization evaluation work should adhere to the principles of objectivity, fairness and openness.
Sixth to encourage the use of information technology to carry out standardized assessment of construction safety production.
Chapter II Project Evaluation
Article 7 A construction enterprise shall establish and improve a project safety production management system with the project leader as the first responsible person, perform safety production duties according to law, and implement project safety production standardization.
Where a construction project is subject to general contracting, the general contracting unit shall take overall responsibility for the standardization of project safety production. The general contractor of construction shall organize professional contractors to carry out the standardization of project safety production.
Article 8 A project shall set up a project safety production standardization self-evaluation organization composed of general construction contractors and professional contractors, and carry out the safety production standardization self-evaluation work mainly according to the Standard for Safety Inspection of Building Construction (JGJ59) every month during the project construction.
Ninth construction enterprises safety production management institutions shall regularly supervise and inspect the standardization of project safety production, and the inspection and rectification shall be included in the project self-evaluation materials.
Tenth construction and supervision units shall supervise and inspect the standardization of project safety production implemented by construction enterprises, and review and sign opinions on the self-evaluation materials of construction enterprises.
Eleventh of the construction project safety supervision of housing and urban construction departments or its entrusted construction safety supervision institutions (hereinafter referred to as the "project evaluation subject") is responsible for the standardization of production safety evaluation of construction projects.
Article 12 The subject of project evaluation shall carry out standardized evaluation of safety production for construction projects that have gone through construction safety supervision procedures and obtained construction permits.
Thirteenth project evaluation subjects should carry out the project evaluation work simultaneously when implementing daily safety supervision of construction projects, and guide and supervise the project self-evaluation.
Fourteenth after the completion of the project, before the completion acceptance, the construction enterprise shall submit the project safety production standardization self-evaluation materials to the project evaluation subject.
Project self-evaluation materials mainly include:
(a) the project construction, supervision, construction general contracting, professional contracting and other units and the main person in charge of the project directory;
(two) the project mainly based on the "building construction safety inspection standards" (JGJ59) and other self-evaluation results and project construction, supervision unit audit opinions;
(three) during the project construction due to safety in production by the competent department of housing and urban construction rewards and punishments (including rectification within a time limit, rectification, informed criticism, administrative punishment, notification of praise, recognition and reward, etc.);
(four) the project production safety accidents;
(five) other materials stipulated by the competent department of housing and urban construction.
Article 15 After receiving the materials submitted by the construction enterprises, if the project evaluation subjects meet the requirements after inspection, they shall evaluate the standardization of project safety production based on the project self-evaluation and combined with the daily supervision, and issue a notice of project evaluation results to the construction enterprises within 10 working days.
The evaluation results are excellent, qualified and unqualified.
The notification of project evaluation results should include the information of project construction, supervision, construction general contracting, professional contracting and other units and their project principals.
If the evaluation result is unqualified, it shall explain the reasons and the responsible units that are unqualified in the project evaluation result notice.
Sixteenth construction projects in any of the following circumstances, the standardization of production safety assessment is unqualified:
(a) failing to carry out the project self-evaluation work in accordance with the provisions;
(two) the production safety accident;
(three) due to the existence of security risks in the project, the competent department of housing and urban construction has stopped work for rectification twice or more within one year;
(four) other circumstances stipulated by the competent department of housing and urban construction.
Seventeenth provincial housing and urban construction departments can determine the excellent standard of safety production standardization of construction projects in combination with the actual situation in the region.
The number of construction projects assessed as excellent by standardization of production safety shall, in principle, not exceed 10% of the number of projects to be completed this year in the area under its jurisdiction.
Eighteenth project evaluation subject shall promptly announce to the public the results of the standardized evaluation of safety production of construction projects within their respective administrative areas, and report them to the provincial housing and urban construction departments step by step.
For the cross-regional construction project undertaken by a construction enterprise, the provincial-level housing and urban-rural construction department where the project is located shall timely transfer the evaluation results of the project to the provincial-level housing and urban-rural construction department where the enterprise is registered.
Article 19 If the construction enterprise fails to submit the project self-evaluation materials when the project is completed and accepted, it shall be deemed as unqualified in the project evaluation.
Chapter III Enterprise Evaluation
Twentieth construction enterprises should establish and improve the enterprise safety production management system with the legal representative as the first responsible person, perform the duties of safety production according to law, and implement the standardization of enterprise safety production.
Article 21 A construction enterprise shall set up an enterprise safety production standardization self-evaluation organization, and carry out the enterprise safety production standardization self-evaluation work every year mainly according to the "Safety Production Evaluation Standard for Construction Enterprises" JGJ/T77.
Article 22 The competent department of housing and urban-rural construction or the construction safety supervision institution entrusted by it (hereinafter referred to as "the subject of enterprise evaluation") that issues safety production licenses to construction enterprises shall be responsible for the standardized evaluation of safety production of construction enterprises.
Article 23 The subject of enterprise evaluation shall carry out standardized evaluation of safety production for construction enterprises that have obtained the safety production license and the license is valid.
Twenty-fourth enterprise evaluation subject should carry out the standardization evaluation of enterprise safety production at the same time when implementing dynamic supervision on the safety production license of construction enterprises, and guide and supervise the construction enterprises to carry out self-evaluation work.
Twenty-fifth construction enterprises in the process of extending the safety production license, it shall submit the enterprise self-evaluation materials to the enterprise evaluation subject.
Enterprise self-evaluation materials mainly include:
(a) enterprise project ledger and project evaluation results;
(two) the enterprise mainly based on the "construction enterprise safety production evaluation standard" JGJ/T77 and other self-evaluation results;
(three) enterprises in the past three years due to safety in production by the competent department of housing and urban construction rewards and punishments (including informed criticism, administrative punishment, notification of praise, recognition and reward, etc.);
(four) the production safety accident of the project undertaken by the enterprise;
(five) other materials prescribed by the competent department of housing and urban construction at or above the provincial level.
Article 26 After receiving the materials submitted by the construction enterprise, if the enterprise evaluation subject meets the requirements after inspection, it shall evaluate the standardization of enterprise safety production based on the enterprise self-evaluation, the evaluation results of enterprise construction project safety production standardization, and the dynamic supervision of safety production license, and issue a notice of enterprise evaluation results to the construction enterprise within 20 working days.
The evaluation results are excellent, qualified and unqualified.
The notice of enterprise evaluation results shall include the information of the enterprise evaluation year and the main person in charge of the enterprise.
If the evaluation result is unqualified, the reasons shall be explained and ordered to make rectification within a time limit.
Twenty-seventh construction enterprises in any of the following circumstances, the standardization of production safety assessment is unqualified:
(1) Failing to carry out the enterprise self-evaluation work as required;
(two) the project undertaken by the enterprise in the past three years has a major and above production safety accident;
(3) The unqualified rate of the completed projects undertaken by the enterprise in the past three years exceeds 5% (the unqualified rate refers to the ratio of the number of completed projects undertaken by the enterprise as the main body responsible for unqualified project evaluation in the past three years to the number of completed projects undertaken by the enterprise);
(four) other circumstances stipulated by the competent department of housing and urban construction at or above the provincial level.
Twenty-eighth provincial housing and urban construction departments can determine the excellent standard of safety production standardization of construction enterprises in combination with the actual situation in the region.
The number of construction enterprises with excellent safety production standardization assessment shall, in principle, not exceed 10% of the number of enterprises that intend to apply for the extension of safety production license this year.
Twenty-ninth enterprise evaluation subject shall promptly announce the results of standardized evaluation of safety production of construction enterprises to the public.
For construction enterprises undertaking cross-regional construction projects, the provincial-level housing and urban-rural construction department where the project is located can evaluate the enterprise with reference to these measures, and the evaluation results will be promptly transferred to the provincial-level housing and urban-rural construction department where the enterprise is registered.
Thirtieth construction enterprises in the process of extending the safety production license did not submit the enterprise self-evaluation materials, as the enterprise evaluation is unqualified.
Chapter IV Reward and Punishment
Article 31 The standardized evaluation results of construction safety production shall serve as an important reference for relevant government departments to conduct performance evaluation, credit rating, integrity evaluation, evaluation first, investment and financing risk assessment, insurance rate fluctuation, etc.
Thirty-second government investment projects bidding should give priority to the construction enterprises and project leaders who have outstanding achievements in the standardization of construction safety production.
Thirty-third housing and urban construction departments shall record the standardization assessment of construction safety production in the safety production credit file.
Article 34 For construction enterprises that fail to pass the standardized assessment of safety production, the competent department of housing and urban-rural construction shall order them to make rectification within a time limit, and review their safety production conditions when the enterprises apply for the extension of safety production licenses. If they meet the safety production conditions after rectification, the results of standardized assessment of safety production will be "qualified after rectification" and a safety production license will be issued; No longer have the conditions for safe production, shall not issue a safety production license.
Article 35 For construction enterprises and projects that fail to pass the standardized assessment of production safety, the competent department of housing and urban-rural construction shall, when the main person in charge of the enterprise and the person in charge of the project handle the extension of the certificate of safety production assessment, order them to re-examine within a time limit, and issue a certificate of safety production assessment to those who pass the re-examination; Those who fail to pass the re-examination shall not be issued with a certificate of safety assessment.
Article 36 If any of the following circumstances is found in the construction enterprises and projects that have passed or are excellent in the standardized assessment of safety production, the original results of standardized assessment of safety production shall be revoked by the assessment subject, which shall be directly assessed as unqualified, and the relevant responsible units and personnel shall be punished according to law.
(1) The submitted self-assessment materials are fraudulent;
(two) omission, misrepresentation, concealment of production safety accidents;
(three) there are other illegal acts in the evaluation process.
Chapter V Supplementary Provisions
Thirty-seventh provinces, autonomous regions and municipalities directly under the central government, the competent department of housing and urban construction may formulate detailed rules for implementation according to these measures and report them to the competent department of housing and urban construction in the State Council for the record.
Article 38 These Measures shall come into force as of the date of promulgation.