Chapter I General Provisions
Article 1 These Measures are formulated for the purpose of implementing the Notice of the State Council on Further Strengthening the Work of Enterprise Safety in Production (Guo Fa [2010] No.23) and other relevant provisions and requirements, and standardizing the standardized assessment and management behavior of safety in production of transportation enterprises.
Article 2 These Measures shall be applicable to the standardized evaluation and management activities of safety production of national transportation enterprises.
Article 3 The standardization standards for enterprise safety production are divided into Grade I, Grade II and Grade III. According to "Safety Production Standards for Transportation Enterprises", the evaluation score of 900 points or above is Grade I, 800 points or above is Grade II, and those who meet the necessary standards are Grade III.
Article 4 The Ministry of Transport of the People's Republic of China is in charge of the standardization of production safety of national transportation enterprises and the evaluation of first-class enterprises, while the local transportation authorities and the Yangtze River waterway management agencies are responsible for the standardization of production safety of transportation enterprises and the evaluation of second-class and third-class enterprises within their respective jurisdictions. The above departments and institutions are collectively referred to as competent departments.
Article 5 The standardized assessment of safety production of transportation enterprises shall adhere to the principles of objectivity, fairness, openness and transparency, and be organized and implemented in accordance with these Measures and the safety production standards of transportation enterprises.
Evaluation includes initial evaluation, alternative evaluation and additional evaluation.
Article 6 The competent department shall announce to the public the enterprises that have passed the evaluation.
Chapter II Appraisal Institutions and Appraisers
Article 7 The competent authority may designate an evaluation agency to evaluate the transportation enterprise.
Article 8 An evaluation institution shall meet the following conditions:
(1) An institution or organization that has been officially approved to register in the transportation system;
(2) Having a fixed office space and necessary equipment;
(3) Having evaluators and managers who meet the needs of evaluation;
(four) to establish the necessary management system.
Article 9 An appraisal institution shall carry out its work according to the authority determined by the designated institution, and establish enterprise appraisal files.
Article 10 An appraiser shall be an appraiser. The appraiser shall have a transportation-related professional education or work experience, and may engage in the appraisal work only after passing the training and examination.
Article 11 The competent authority is responsible for the management of examiners. The assessment institution shall establish the daily management files of the assessment personnel and report to the competent department on an annual basis.
Chapter III Examination and Certification
Article 12 An enterprise applying for evaluation shall apply to the competent authority or an evaluation institution designated by it.
Thirteenth evaluation methods include data checking, personnel inquiry, on-site inspection, etc. , personnel inquiries, on-site inspection can be carried out according to a certain proportion.
Section 1 Initial Evaluation and Certification
Article 14 An enterprise applying for preliminary evaluation shall meet the following conditions:
(1) Having the qualification of an independent legal person;
(2) It has a safety management organization or personnel suitable for its operation and management, and has established a corresponding safety production management system;
(three) in accordance with the safety production management system for at least 3 months;
(4) Self-assessment of safety production management.
Article 15 An application for preliminary evaluation shall be accompanied by the following materials:
(a) the qualification certificate of enterprise independent legal person;
(2) Brief introduction of enterprise safety production management system;
(3) enterprise safety production management report.
Article 16 After receiving the application for preliminary assessment and the attached materials, the assessment institution shall make the following judgments:
(a) whether the enterprise is under the jurisdiction of this institution;
(two) whether the enterprise meets the application conditions;
(3) Whether the application materials are complete;
If the application materials do not meet the requirements, the enterprise shall supplement, modify or resubmit the application.
Article 17 If the application materials meet the requirements, the evaluation institution shall assign an evaluation team to evaluate the safety production of the enterprise in accordance with the Safety Production Standards for Transportation Enterprises.
Enterprises should provide the evaluation team with documents and factual evidence that fully meet the needs of evaluation.
Eighteenth through the assessment team and approved by the competent authority certification, the competent authority shall issue a certificate of standardization of production safety to enterprises. Enterprises should improve the management of production safety according to the opinions put forward by the evaluation team.
Article 19 If an enterprise fails to pass the evaluation by the evaluation team or refuses to issue certificates after approval by the competent department, it shall take corrective measures, and may reapply for the initial evaluation after 3 months.
Twentieth enterprise safety production standardization certificate is valid for 5 years.
Twenty-first enterprises that have obtained the certification certificate of enterprise safety production management system issued by relevant institutions, if there are no major accidents or more than two major accidents within one year before the application, can directly issue a three-level safety production compliance certificate after the approval of the competent department.
Section 2 Examination and Certification of Replacement Certificate
Twenty-second application for renewal review should be made at least 3 months before the expiration of the validity period of the enterprise safety production standardization certificate.
Article 23 The following materials shall be attached to the application for replacement:
(a) the qualification certificate of enterprise independent legal person;
(2) Brief introduction of enterprise safety production management system;
(3) A report on the overall situation of enterprise safety production management since the last certification;
(four) the improvement report of the opinions put forward by the evaluation team on the last evaluation.
Article 24 The contents, scope and methods of replacement assessment are applicable to the relevant provisions of initial assessment.
Twenty-fifth through the assessment of the assessment team and approved by the competent department to change the certificate, the competent department shall re-issue the enterprise safety production standardization certificate to the enterprise. Enterprises should improve the management of production safety according to the opinions put forward by the evaluation team.
If the enterprise fails to pass the evaluation by the evaluation team or does not agree to renew the certificate after examination and approval by the competent department, it may apply for preliminary evaluation again after 6 months.
Twenty-sixth replacement assessment and certification should be completed before the expiration of the existing enterprise safety production standardization certificate.
Twenty-seventh enterprise safety production standardization certificate is lost, you can apply to the original assessment and issuing authority for a replacement.
Where the name and address of an enterprise change, it may provide relevant certificates to the original license issuing agency and apply for the change of the name and address of the corresponding enterprise safety production standardization certificate.
Enterprises can apply for a higher level of standardized assessment of production safety, and the relevant provisions of the initial assessment shall apply to the content, scope and methods of the assessment.
Section III Additional Assessment
Twenty-eighth in any of the following circumstances, the competent department may require the evaluation and certification body to make supplementary evaluation of the enterprise holding the enterprise safety production standardization certificate:
(a) the enterprise has a major accident;
(2) Continuous accidents occur in the enterprise;
(three) the direct stakeholders report that there are major problems in the safety production management of enterprises;
(four) other major events that may affect the safety production management of enterprises.
Twenty-ninth additional evaluation shall be decided by the competent authority, and the scope of evaluation shall cover the evaluation reasons. If serious problems are found in the evaluation, the evaluation scope can be expanded until the comprehensive evaluation is implemented.
Thirtieth after the assessment by the assessment team and the approval of the competent department, in order to maintain the validity of the enterprise safety production standardization certificate, the enterprise should improve the safety production management according to the opinions put forward by the assessment team.
If the enterprise fails to pass the evaluation by the evaluation team or is considered by the competent department to have major problems in its safety production management, the competent department shall revoke its enterprise safety production standardization certificate, and the enterprise may apply for the initial evaluation after 6 months.
Chapter IV Responsibilities and Obligations
Thirty-first enterprises to implement safety production standardization assessment, does not relieve enterprises of their responsibility to comply with international and domestic safety laws and regulations.
Article 32 In the evaluation process, the enterprise shall:
(a) to provide the necessary work convenience for the assessors, and to ensure that the assessors carry out the assessment work comprehensively and effectively;
(2) Providing relevant information and evidence as required by the assessor;
(three) to cooperate with the appraiser to ensure the smooth completion of the appraisal work.
Thirty-third departments, evaluation institutions and examiners shall carry out evaluation objectively, fairly and efficiently in strict accordance with these measures and the safety production standards of transportation enterprises. The competent authority shall supervise and inspect the evaluation work.
Thirty-fourth for the relevant documents in the evaluation, the appraiser should keep secret and handle the privileged information carefully.
Thirty-fifth enterprises can complain to the competent authorities about the improper behavior of the appraisers, or they can ask the appraisal institution that appointed the appraisal team to replace it.
Thirty-sixth management personnel and examiners of the competent authority shall strictly abide by these measures and the relevant provisions on clean government, and shall not use the evaluation for any personal gain. In violation of the provisions, the competent departments and assessment agencies shall investigate and deal with them in accordance with the relevant provisions; If the case constitutes a crime, it shall be transferred to judicial organs for handling according to regulations.
Chapter V Supplementary Provisions
Thirty-seventh transportation enterprises refer to enterprises that are directly engaged in road and waterway passenger and cargo transportation and transportation infrastructure construction and have safe production behavior.
Article 38 The examination and certification of foreign enterprises in China shall be carried out by the competent authorities or the examination and certification institutions designated by them with reference to the provisions of these Measures.
Public institutions with safety production behavior in the transportation industry, and their competent units shall implement standardized assessment of safety production with reference to these measures.
Thirty-ninth enterprise safety production standardization certificate style and related forms used in the examination and certification work shall be separately formulated by the Ministry of Transport.
Article 40 These Rules shall come into force as of the date of promulgation.