44 Regulations of the Shenzhen Special Economic Zone on Work Safety of Construction Projects[深圳经济特区建设工程施工安全管理条例（1998）]

(Adopted at the Twentieth Meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress on February 13, 1998 and promulgated by Public Notice No. 60 of the Standing Committee of the Shenzhen Municipal People’s Congress of February 13, 1998)

Chapter I General Provisions

Article 1 In order to strengthen the administration of the work safety of construction projects, ensure personal safety and property security, guarantee the success of construction projects, these regulations are hereby formulated in compliance with Construction Law of the People’s Republic of China and other statutes, the basic principles of administrative law and regulations, and also in the light of the practical conditions of the Shenzhen Special Zone (hereinafter referred to as “the Special Zone”).

Article 2 All those who engage in civil engineering, installing pipelines, wires and equipments, adorning and fitting up, supervising and managing the work safety of construction projects in the Special Zone shall abide by these regulations.

The work of construction projects (hereinafter referred to as “the construction work”) in these regulations is referred to the activities of new construction, extended construction, reconstruction and dismantling in the above-listed projects.

Article 3 The Special Zone shall put into practice the rules on supervision and administration of the construction work safety, the administration of the construction work safety shall implement the policy of safety first and priority given to prevention.

The construction work safety shall be maintained under an administrative system of enterprise responsibility, industrial management, the state inspection, and the masses supervision.

Article 4 The construction work safety shall be carried through the entire process of construction projects. The construction projects shall meet the safety standards of construction project set by the state.

Article 5 The administrative department in charge of construction (hereinafter referred to as “the municipal responsible department”) within the Shenzhen Municipal People’s Government (hereinafter referred to as “the municipal government”) and the administrative departments in charge of construction (hereinafter referred to as “the district responsible department”) within various district people’s governments shall be responsible for industrial supervision and administration of the construction work safety within the limits of their authority, and also accept the instruction and supervision of the construction work safety from the safety administration agencies according to law.

The municipal, district responsible departments shall establish the supervising agencies of the construction work safety (hereinafter referred to as “the supervising agencies”) to be responsible for the specific supervision and administration of the construction work safety.

Article 6 Social organizations and individuals may inquire of construction units, design units or enterprises undertaking the construction work about the construction work safety, have the right to inform or report to the responsible departments or the other administrative departments related to supervision and administration of the construction work safety on illegal acts in the construction work, and conduct social supervision over the construction work safety.

Article 7 The responsible departments and the other administrative departments related to supervision and administration of the construction work safety shall fulfill their duties according to law, accept the related inquiries, strictly conduct supervision and administration of the construction work safety.

Article 8 The governments shall encourage scientific and technological research in the construction work safety, spread advanced experience of the construction work safety and technology of safety protection, advance the administration of the construction work safety toward normalization, standardization, and scientific orientation.

Chapter II Duties of the Responsible Departments

and Supervising Agencies

Article 9 The municipal responsible department shall fulfill the following duties in supervising and administering of the construction work safety:

(1) to formulate the documents of the construction work safety standards, to establish and improve a supervision and administration network and a safeguard system;

(2) to direct and supervise the work of the supervising agencies;

(3) to examine the supervisors of the supervising agencies and issue the supervisor certificates to qualifiers;

(4) to examine the personnel of safety administration of the enterprises undertaking the construction work in safety knowledge and issue the duty post certificate of the construction work safety to qualifiers;

(5) to investigate and deal with illegal acts in the construction work safety;

(6) to investigate and deal with four levels of serious accidents with casualties, and report serious accidents to the superiors;

(7) to spread advanced experience of the construction work safety administration and commend the units and individuals who have made outstanding contributions to the construction work safety. The district responsible departments shall fulfill the duties in Items (1), (2), (5), (7) of the above sections.

Article 10 The supervising agencies shall fulfill the following duties:

(1) to examine, according to law, the safety preconditions of the related construction projects before it has been started, conduct the routine supervision in the process of the construction work and make an assessment of safety achievements before the completion of the construction work;

(2) to provide a conclusion of the preliminary examination of the construction work safety for the establishment, annual assessment, promotion and demotion of an enterprise undertaking the construction work;

(3) to make a safety examination on the construction work site;

(4) to organize, direct the development , popularization and application of the technology for the construction work safety, and conduct safety knowledge education and training;

(5) to order stopping construction, making a correction by a deadline in case of illegal acts against the construction work safety, and also report to the responsible departments for punishment;

(6) to do the other work entrusted by the municipal, district responsible departments.

The municipal supervising agencies shall direct the district supervising agencies

in their professional work.

Chapter III Safety Responsibilities of Construction Units and the Related Units

Article 11 The construction unit shall submit to the supervising agency the following documents before starting construction in order to apply for the registration of having supervision for the construction work safety:

(1) the permit for construction;

(2) the documents of bidding, entering a bid and awarding a bid or the document of examination and approval of the project cost;

(3) the project contract.

The responsible department shall not issue the permit for the construction work to

the project without registration of having supervision for the construction work safety.

When applying for the registration of having supervision for the construction work safety, the construction unit shall, according to the rules, pay the safety supervising fee. The safety supervising fee shall be brought into a special account under the fiscal management at the same level.

Article 12 The construction unit shall set a budget for technological measures of safety in accordance with the features, scale and technological requirements of a project. The budget for technological measures of safety shall be listed separately in a bid for the construction work, and it shall not be regarded as a condition for price competition in bidding and entering a bid.

Article 13 The construction unit shall select a qualified enterprise in terms of safety requirements to undertake the construction work in accordance with the features, scale and technological requirements of a project.

The construction unit shall provide accurate hydrogeological data, information of underground pipelines and other conditions for the enterprise undertaking the construction work.

Article 14 Before starting the construction work, the construction unit shall provide safety protection for neighboring buildings, structures, underground pipelines, municipal public facilities, etc.

Article 15 The design documents of the design unit shall meet the requirements for the safety and health of the construction workers.

When adopting new structures, new materials and new technologies, the design unit shall formulate in designing the measures to guarantee the construction workers’ safety and health.

Article 16 The supervising unit shall integrate the construction work safety into the coverage of its supervision, organize the supervision of the construction work safety simultaneously with that of construction quality, project schedule and investment control.

Article 17 Various products and safety measures provided by the production or supply unit shall ensure people’s health, meet the state standards, industrial standards or local standards of Guangdong Province for personal safety and property security; as for those products and safety measures without the state, industrial or local standards, they shall not be unreasonably dangerous to personal safety and property security.

Chapter IV Safety Responsibilities of the Enterprise

Undertaking the Construction Work

Article 18 The enterprise undertaking the construction work shall formulate goals and measures of the construction work safety, improve the construction workers’ operating environment and conditions according to a plan and step by step.

Article 19 The enterprise undertaking the construction work shall establish a safeguard system of the construction work and also a system of post responsibility for the construction work safety.

Article 20 The enterprise undertaking the construction work shall organize overall inspections of safe production or special inspections in accordance with the change of seasons and production, promptly remove the hidden dangers of accidents.

Article 21 The enterprise undertaking the construction work shall have a full-time safety clerk. The safety clerk shall go to work with a certificate and exercise official functions independently according to the rules.

Article 22 The enterprise undertaking the construction work shall provide labor protection necessities and devices for workers according to the rules and tell them the correct way to use these necessities and devices.

Article 23 The enterprise undertaking the construction work shall have a training system for personnel’s safety education. Without going thorough the safety education, any personnel under training shall not be allowed to go to a duty post to work.

Special operation workers shall be examined for qualifications by the administrative department in charge of labor, only after obtaining the certificate of vocational qualifications, shall they go to duty posts to work.

Article 24 The fund of technological measures of safety which the enterprise undertaking the construction work withdraws shall be spent for the specified purposes only.

Chapter V Safety Administration on the Construction Work Site

Article 25 For the construction projects of lump-sum contract and subcontracts, the lump-sum contractor shall be responsible for the general safety on the construction work site, the subcontractors shall be responsible for the subcontracted projects and accept the unified administration of the lump-sum contractor.

Article 26 The enterprise undertaking the construction work, before starting the work, shall apply to the supervising agency for examination and approval of the preconditions for the construction work safety, only after proving qualified in the process of examination and approval shall the construction work start.

Article 27 The enterprise undertaking the construction work shall take the corresponding measures of safety protection in accordance with the requirements for the work protection of different stages of the construction work. The safety protection measures on the construction work site shall meet the state standards for labor safety and sanitation.

Article 28 The enterprise undertaking the construction work shall, in accordance with the features of the project, make an organizational plan of the construction work and formulate the technological measures for the construction work safety, inform workers of the bottom line of safety technology in writing, and the workers who have been informed of the bottom line shall sign the document of the bottom line.

Article 29 For the following dangerous operations, the management department of the construction work project shall make a special plan for the construction work safety, and, according to the rules, report to the leading official in charge of technology at the enterprise undertaking the construction work for approval and then put it into practice:

(1) the ground work;

(2) the underground construction work;

(3) the installation and dismantling of elevating scaffolds;

(4) the vertical conveyance of machines and equipments, and the installation and dismantling of erecting devices;

(5) the dismantling of buildings and structures;

(6) the other dangerous operation.

Article 30 When the actual progress of the construction work reaches the second

story of the principal part of the project, the progress of one-story buildings and structures reaches 2 meters above the ground, or the progress of underground works reaches 2 meters below the ground, the enterprise undertaking the construction work shall apply to the supervising agency for the check and acceptance of safety standards.

The supervising agency shall complete the check and acceptance within 7 business days after receiving the application; for a qualifier in the check and acceptance, a trade mark of qualifier shall be issued. Without the check and acceptance or after proving unqualified in the check and acceptance, the construction work shall not be allowed to enter the next process.

The trade mark of qualifier shall be hanged out in a conspicuous place on the construction work site.

Article 31 A system of professional inspection, personnel’s self-inspection, regular inspection and inspection on the safety day shall be established on the construction work site.

Safety facilities of the construction work, erecting devices, machines and equipments shall be regularly inspected, repaired and maintained, and a register shall be ready for inspection, repair and maintenance.

Article 32 The materials of safety technology shall be managed by a person specially assigned for this job, and filing shall be prompt and complete.

Article 33 The land within the property lines or those temporarily occupied places and roads after approval of the related departments shall be completely used for the construction work, the change into the other use shall not be allowed.

Article 34 The construction work site of buildings shall have closed management.

At the entrance to the construction work site, there shall be placed signboards of the general layout of the construction work, the safety rules, fire-preventing regulations, etc.

The construction work of high-rise, extra-high-rise or steetward buildings shall use tightly-woven nets or other enclosing and protecting measures which meet the requirements.

Article 35 The roads on the work site shall be level, clean, unblocked, traffic signs shall be available.

The ditches, pits and wells on the work site shall be filled and leveled up, enclosed by fences or covered by planks; warning signs shall hang out in the dangerous area, the red light shall be available for warning at night.

Article 36 The arrangement of various facilities and stacking of materials on the work site shall meet the requirements of safety and sanitation as well as the requirements of the general layout of the construction work, the drainage system shall be kept unblocked.

Article 37 A system of fire prevention and dangerous materials’ storage and use shall be established on the work site, the facilities which meet the requirements for fire prevention shall be installed and kept in good condition and ready for use.

Article 38 The necessary living facilities for workers shall be installed on the work site. The living facilities for workers shall meet the requirements for sanitation, ventilation, illumination, fire prevention, etc.

Article 39 On the work site there shall be necessary facilities to prevent injuries to human bodies and to give first aid, and the measures for emergency treatment as well.

Article 40 Operating workers shall abide by the technological standards, operation rules and regulations of the construction work safety, and enhance the consciousness of self-protection.

Operating workers shall have the right to criticize, report or sue for those procedures, conditions, and methods of operation which imperil personal safety or health, and also have the right to reject the order which violates the rules.

Chapter VI Investigation and Settlement of Serious Accidents

Article 41 The serious accidents mentioned in these regulations shall refer to those accidents which lead to injuries and deaths or major economic loss because of the damage, inappropriateness of machines, equipments and safety facilities in the process of the construction work.

The serious accidents shall be graded, according to the related rules of the state, by four levels: 1, 2, 3, 4.

Article 42 When a serious accident occurs, the enterprise undertaking the construction work shall organize the rescue work, preserve the scene of the accident, report immediately to the municipal responsible department, public security department and safety administration agencies, and complete a written report of the accident within 24 hours.

The written report of the accident shall include the following contents:

(1) the time, site and unit wherein the accident takes place;

(2) the briefing of the course of the accident, the number of casualties, and the preliminary estimate of direct economic loss;

(3) a tentative judgment about the causes of the accident;

(4) the measures which have been taken after the accident and the state of accident control;

(5) the unit reporting the accident.

Article 43 After receiving a report about a serious accident, the municipal

responsible department shall report to the municipal safety administration agency and the superior administrative department in charge of construction.

In case of a serious accident of level 3, the municipal responsible department shall join in with the related departments to form an accident investigation team, make an investigation, propose a punishment, and report to the municipal safety administration agency for inflicting a punishment according to law.

In case of a serious accident of level 4, the municipal responsible department shall make an investigation and inflict a punishment.

Article 44 The accident investigation team has the authority to inquire of an accident unit, the related departments and individuals about the accident, any unit and individual shall not refuse and obstruct.

Article 45 The investigation and punishment concerning a serious accident shall close the case within 3 months from the date of the accident, the deadline to close a special case shall not go beyond 6 months.

Article 46 When the case is closed for a serious accident, the punishment shall be made public.

Chapter VII Legal Liabilities

Article 47 If a construction unit, in violation of Article 11 of these regulations, has not applied for registration for having safety supervision, the responsible department shall order it to stop the construction and comply with the formalities by a deadline, and also impose a fine as much as 2% of the cost of the completed construction work.

Article 48 If a construction unit, in violation of Article 14 of these regulations, has failed to take effective protection measures, the responsible department shall order it to make a correction by a deadline. If the correction has not been done after the deadline or the correction is not up to the standard, the responsible department shall order the construction project to stop until the correction meets the standard, and also impose a fine of more than 30,000 but less than 50,000 RMB; if the neighboring buildings and facilities have been damaged, the compensation shall be made for the loss.

Article 49 If a design unit, in violation of the first section of Article 15 of these regulations, has failed to have design documents meet the safety requirements for the operation of the constructions work and led to an accident with casualties, the responsible department may impose a fine as much as 50-100% of the charge for design; if the case is serious, the responsible department may limit the unit’s range of designing, reduce its design qualification level, and revoke its design qualification certificate as a last resort.

Article 50 If an enterprise undertaking the construction work, in violation of Article 26 of these regulations, has not applied for examination of the safety preconditions or it has started the construction work in spite of the failure to pass the examination, the responsible department shall order the construction project to stop, and also impose a fine of more than 30,000 but less than 50,000 RMB.

Article 51 If an enterprise undertaking the construction work, in violation of Article 27 of these regulations, has failed to follow the rules in its operation or the safety protection for the construction work is not up to the standard, the responsible department shall order it t make a correction by a deadline; if the correction has not been done after the deadline or the correction does not meet the standard, the responsible department may order the construction project to stop and also impose a fine of more than 30,000 but less than 50,000 RMB.

Article 52 If an enterprise undertaking the construction work, in violation of Article 30 of these regulations, has not applied to the safety supervising agency for the check and acceptance of the safety standards or it has started the construction work in spite of the failure to pass the check-and-acceptance procedure, the responsible department shall order it to make a correction by a deadline; if the correction has not been done after the deadline or the correction does not meet the standard, the responsible department may order the construction work to stop for 1-3 days and also impose a fine of more than 30,000 but less than 50,000 RMB.

Article 53 If a construction unit or an enterprise undertaking the construction work, in violation of Article 33 of these regulations, has put the construction work site into other use, the responsible department shall order it to make a correction and also impose a fine of more than 50,000 but less than 100,000 RMB.

Article 54 If an enterprise undertaking the construction work, in violation of Articles 34, 35, 36, 37, 38, 39 of these regulations, has failed to have the construction work site meet the safety standards, the responsible department shall order it to make a correction by a deadline; if the correction has not been done after the deadline or the correction does not meet the standard, the responsible department may continue to order it to make a correction and also impose a fine of more than 30,000 but less than 50,000 RMB.

Article 55 If an enterprise undertaking the construction work, in violation of these regulations, falls into one of the following cases, the responsible department shall inflict a punishment:

(1) in case of the accident of the construction work which has 1-2 people seriously injured, the construction project shall be ordered to stop for 3-5 days;

(2) in case of a serious accident of level 4, the responsible department shall order the construction project to stop for 7 days, temporarily withhold the qualification certificate for undertaking the construction work for 30-60 days;

(3) in case of a serious accident of level 3 and above, the construction project shall be ordered to stop for 7 days, the qualification certificate for undertaking the construction work shall be withheld for 60-90 days, the range of the enterprise’s operations may also be limited and the level of the enterprise qualification shall be reduced for one year;

(4) in case of repetition of the similar accidents in one year, the construction project shall be ordered to stop for 10 days and the qualification certificate for undertaking the construction work shall be withheld for 60-90 days;

(5) in case of cover-up, false reporting, destroying the scene of the accident or rejecting the investigation and refusing to provide the related information and materials without justifiable reasons after the accident occurs, a punishment shall be inflicted according to Item (4) of this article.

Article 56 The responsible department shall inflict an administrative punishment

on the direct responsible persons in violation of these regulations according to how serious the case is; if there is a criminal offence, the criminal responsibility shall be ascertained according to law by the judicial department.

Article 57 If any staff member of the responsible department or the safety supervising agency has failed to fulfill duties, abused power, neglected responsibilities, practiced favoritism and engaged in irregularities, the related departments shall ascertain administrative responsibilities; if there is a criminal offence, the criminal responsibility shall be ascertained according to law by the judicial department.

Article 58 If the party concerned has a complaint about the punishment inflicted by the district responsible department, an application may be filed to the municipal responsible department for review within 15 days after receiving the punishment decision; if there is a complaint about the punishment inflicted by the municipal responsible department, an application may be filed to the municipal government for review within 15 days after receiving the punishment decision.

If the party concerned has a complaint about the review decision made by the municipal government or the municipal responsible department, an appeal may be lodged with the people’s court within 15 days after receiving the review decision. The party concerned may also appeal directly to the people’s court within 15 days after receiving the punishment decision. During the period of applying for review and making an appeal, the party concerned shall implement the original administrative punishment decision. If the party concerned has not implemented the original administrative punishment decision while failing to apply for review or to appeal at the same time, the responsible department may apply to the people’s court for coercive implementation.

Chapter VIII Supplementary Provisions

Article 59 These regulations shall take effect as of May 1, 1998.