Article 1 In order to standardize the safety technical training and assessment of special operators, improve the safety technical level of special operators, and prevent and reduce casualty accidents, these Provisions are formulated in accordance with the Safety Production Law, the Administrative Licensing Law and other relevant laws and administrative regulations.
Article 2 These Provisions shall apply to the safety technical training, assessment, certification, review, supervision and management of special operators in production and business units.
Where the relevant laws, administrative regulations and the State Council have other provisions on the management of special operations personnel, those provisions shall prevail.
Article 3 The term "special operations" as mentioned in these Provisions refers to operations that are prone to accidents and may cause great harm to the safety and health of operators and others as well as the safety of equipment and facilities. The scope of special operations shall be specified in the catalogue of special operations.
The term "special operations personnel" as mentioned in these Provisions refers to employees directly engaged in special operations.
Article 4 Special operators shall meet the following conditions:
(a) at least 65438 08 years of age, and not more than the national statutory retirement age;
(2) Having passed the physical examination in the community or medical institution at or above the county level, and having no diseases and physical defects such as organic heart disease, epilepsy, Meniere's disease, dizziness, hysteria, paralysis agitans, psychosis, dementia, etc. that hinder the corresponding special operations;
(3) Having a junior high school education or above;
(four) have the necessary knowledge and skills of safety technology;
(five) other conditions stipulated in the corresponding special operations.
In addition to meeting the requirements specified in Items (1), (2), (4) and (5) of the preceding paragraph, personnel engaged in special operations of hazardous chemicals shall also have a high school education or equivalent.
Article 5 Special operators must receive special safety technical training and pass the examination, and obtain the People's Republic of China (PRC) Special Operation Certificate (hereinafter referred to as the "Special Operation Certificate") before taking up their posts.
Article 6 The principles of unified supervision, graded implementation and separation of teaching and examination shall be applied to the safety technical training, assessment, certification and reexamination of special operations personnel.
Article 7 state administration of work safety (hereinafter referred to as the General Administration of Safety Supervision) shall guide and supervise the safety technical training, assessment, certification and review of special operations personnel throughout the country; The safety production supervision and management departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall guide and supervise the safety technical training of special operators within their respective administrative areas, and be responsible for the assessment, certification and review of special operators within their respective administrative areas; The safety production supervision and management department of the local people's government at or above the county level shall be responsible for the supervision and inspection of the safety technical training and certificates of special operations personnel within their respective administrative areas.
The State Administration of Coal Mine Safety (hereinafter referred to as the Administration of Coal Mine Safety) guides and supervises the safety technical training, assessment, certification and review of coal mine special operators (including coal mine special equipment operators); The departments or designated agencies of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government responsible for the examination and certification of coal mine special operations personnel shall guide and supervise the safety technical training of coal mine special operations personnel within their respective administrative areas, and be responsible for the examination, certification and review of coal mine special operations personnel within their respective administrative areas.
The safety production supervision and management departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, the departments responsible for the examination and certification of special operators in coal mines or designated institutions (hereinafter referred to as the examination and certification authorities) may entrust the safety production supervision and management departments of the people's governments of cities divided into districts, the departments responsible for the examination and certification of special operators in coal mines or designated institutions to carry out the examination, certification and review of special operators.
Article 8 Any unit or individual has the right to report illegal acts in safety technical training, examination and certification and review of special operators to the General Administration of Safety Supervision, the Coal Mine Safety Supervision Bureau, the safety production supervision and management departments of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts, the departments responsible for examination and certification of special operators in coal mines or designated institutions.
Chapter II Training
Article 9 Special operators shall receive theoretical training and practical training on safety technology corresponding to their special operations.
Graduates who have obtained vocational high schools, technical schools or technical secondary schools or above are engaged in special operations corresponding to their majors. With the approval of the examination and certification authority, it can be exempted from the training of related majors.
Special operators who work across provinces, autonomous regions and municipalities directly under the Central Government may attend training at their domicile or place of employment.
Tenth safety technical training for special operations personnel, production and business units with safety training conditions should be based on independent training, can also entrust institutions with safety training conditions for training.
Production and business units that do not have safety training conditions shall entrust institutions with safety training conditions for training.
Where a production and business operation entity entrusts other institutions to conduct safety technical training for special operators, the entity shall be responsible for ensuring safety technical training.
Article 11 Institutions engaged in safety technical training for special operators (hereinafter referred to as training institutions) shall formulate corresponding training plans and teaching arrangements, and conduct safety technical training for special operators in accordance with the training program for special operators and the training program for special operators in coal mines formulated by the General Administration of Safety Supervision and the Coal Mine Safety Supervision Bureau.
Chapter III Examination and Certification
Twelfth special operations personnel assessment includes two parts: examination and audit. The examination shall be conducted by the examining and issuing authority or the unit entrusted by it; The examining and issuing authority is responsible for the examination. The General Administration of Safety Supervision and the Coal Mine Safety Supervision Bureau respectively formulate assessment standards for special operators and coal mine special operators, and establish corresponding examination question banks. The examination and certification authority or the unit entrusted by it shall conduct the examination in accordance with the examination standards uniformly formulated by the General Administration of Work Safety and the Coal Mine Safety Supervision Bureau. Article 13 The personnel who take part in the qualification examination for special operations shall fill in the examination application form, and the applicant or the unit where the applicant belongs shall apply to the examination issuing authority or its entrusted unit where the applicant's domicile or employment is located with the academic certificate or the training certificate issued by the training institution. After receiving the application, the examining and issuing authority or its entrusted unit shall organize the examination within 60 days. The special operation qualification examination includes two parts: the safety technology theory examination and the practical operation examination. Those who fail the exam are allowed to make up the exam 1 time. If the make-up exam is still unqualified, re-participate in the corresponding safety technical training. Fourteenth units entrusted by the examination and certification authority to undertake the qualification examination for special operations shall have the corresponding conditions such as places, facilities and equipment, establish corresponding management systems, and publish information such as charging standards. Fifteenth assessment and certification authority or its entrusted unit to undertake the special operation qualification examination shall publish the examination results within 10 working days after the examination. Article 16 Special operators who meet the requirements specified in Article 4 of these Provisions and pass the examination shall apply to the examination and issuing authority where their domicile or work is located, and submit copies of their ID cards, academic qualifications, physical examination certificates, examination certificates and other materials. Article 17 The examining and issuing authority that accepts the application shall complete the examination of the application materials submitted by special operators within 5 working days, and make a decision on whether to accept or not. If it can make an acceptance decision on the spot, it shall make an acceptance decision on the spot; If the application materials are incomplete or do not meet the requirements, the applicant shall be informed of all the contents that need to be corrected on the spot or within five working days. If the application materials are not informed within the time limit, it shall be deemed to have been accepted from the date of receipt of the application materials. Eighteenth of the accepted applications, the issuing authority shall complete the audit work within 20 working days. Meet the conditions, issued a special operation certificate; Do not meet the conditions, it shall explain the reasons. Nineteenth special operation certificate is valid for 6 years, and it is valid nationwide. The style, standard and number of the special operation certificate shall be uniformly stipulated by the General Administration of Safety Supervision. Article 20 If the special operation certificate is lost, a written application shall be submitted to the original issuing authority, and it shall be reissued after examination and approval by the original issuing authority. If the information recorded in the operation certificate of special operations is changed or damaged, a written application shall be submitted to the original examination and certification authority, and it shall be replaced or updated after being examined and confirmed by the original examination and certification authority.
Chapter IV Retrial
Article 21 The operation certificate for special operations shall be reviewed once every three years. Special operators who have been engaged in this type of work continuously for more than 10 years within the validity period of the special operation certificate, and strictly abide by the relevant laws and regulations on production safety, may extend the review time of the special operation certificate to every 6 years 1 time with the consent of the original assessment and certification authority or the assessment and certification authority of their unit. Article 22 If the special operation certificate needs to be reviewed, the applicant or the unit where the applicant belongs shall, within 60 days before the expiration, apply to the original examination and certification authority or the examination and certification authority where the applicant works, and submit the following materials: (1) a health certificate issued by a community or medical institution at or above the county level; (2) engaging in special operations; (3) Records of passing the safety training examination. If it is necessary to extend the renewal of the special operation certificate at the expiration of the validity period, it shall apply for an extension of review in accordance with the provisions of the preceding paragraph. Twenty-third special operations personnel shall participate in the necessary safety training and pass the examination before applying for the review or extension of the review of the special operation certificate. Safety training time is not less than 8 hours, mainly training laws, regulations, standards, accident cases and related new processes, technologies and equipment. Article 24 Where an application for reexamination is made, the issuing authority shall complete the reexamination within 20 working days from the date of receiving the application. Those who pass the second interview shall be signed, registered and confirmed by the examination issuing authority; Unqualified, explain the reasons. Apply for an extension of the review, after the review is qualified, the assessment and issuing authority will re-issue the special operation certificate. Twenty-fifth special operations personnel in any of the following circumstances, the review or extension of the review will not be passed: (1) the health examination is unqualified; (two) illegal operation caused serious consequences or more than two illegal acts, and verified; (three) there are illegal acts of production safety, and given administrative punishment; (four) refusing or obstructing the supervision and inspection of the safety production supervision and management department; (five) failing to participate in safety training or failing to pass the examination; (six) in accordance with the provisions of article thirtieth and article thirty-first. Article 26 If the reexamination or postponed reexamination of the operation certificate for special operations meets the conditions in Item (2), (3), (4) and (5) of Article 25 of these Provisions, the safety training examination shall be re-conducted in accordance with the provisions, and then the reexamination or postponed reexamination procedures shall be handled. If the second interview or postponed second interview is still unqualified, or the second interview is not carried out on schedule, the special operation certificate will be invalid. Twenty-seventh applicants who have objections to the review or postponement of the review may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Chapter V Supervision and Administration
Twenty-eighth assessment and certification authorities or their entrusted units and their staff should be loyal to their duties, adhere to principles, be honest and self-disciplined, and conduct assessment, certification and review of special operations personnel in accordance with the provisions of laws, regulations and rules, and accept social supervision. Twenty-ninth assessment and certification authorities shall strengthen the supervision and inspection of special operations personnel, and if they find that they have the circumstances stipulated in Article 30 of these Provisions, they shall revoke the operation certificate of special operations in time; The production and business operation entities and their special operators shall give administrative punishment to the illegal acts of production safety that should be given administrative punishment according to law. The examination and certification authority shall establish a management information system for special operations personnel to facilitate the inquiry of employers and the public; Special operations personnel who cancel the operation certificate of special operations shall make a timely announcement to the public. Thirtieth in any of the following circumstances, the special operation certificate shall be revoked by the examination and issuing authority: (1) the review has not been postponed beyond the validity period of the special operation certificate; (2) The physical conditions of special operators are no longer suitable for continuing to engage in special operations; (three) responsible for the occurrence of production safety accidents; (four) the special operation certificate records false information; (5) Obtaining a special operation certificate by cheating, bribery or other improper means. Special operators who violate the provisions of items (4) and (5) of the preceding paragraph shall not apply for a special operation certificate again within 3 years. Article 31 In any of the following circumstances, the issuing authority shall cancel the operation certificate for special operations: (1) The special operations personnel are dead; (two) special operations personnel to apply for cancellation; (three) the special operation certificate has been revoked according to law. Thirty-second special operations personnel who have been away from special operations posts for more than 6 months shall re-take the practical operation examination, and can only work at their posts after being confirmed to be qualified. Article 33 The safety production supervision and management departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the departments or designated institutions responsible for the examination and certification of special operators in coal mines shall report the examination and certification of special operators to the General Administration of Safety Supervision and the Coal Mine Safety Supervision Bureau respectively every year.
Thirty-fourth production and business units should strengthen the management of their own special operations personnel, establish and improve the training and review files of special operations personnel, and do a good job in the organization and daily inspection of declaration, training, assessment and review. Thirty-fifth special operations personnel change their work units after the expiration of the labor contract, and the original work units shall not detain their special operations operation certificates for any reason. Special operators who work across provinces, autonomous regions and municipalities directly under the Central Government shall accept the supervision and management of the examination and certification authorities at the place where they work. Thirty-sixth production and business units shall not print, forge or resell the special operation certificate, and shall not use the illegally printed, forged or resold special operation certificate. Special operators shall not forge, alter, lend, transfer, falsely use or use forged special operation certificates.
Chapter VI Punishment Rules
Article 37 If the assessment and certification authority or its entrusted unit and its staff abuse their powers, neglect their duties or engage in malpractices for selfish ends in the assessment, certification and review of special operations personnel, they shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 38 If the production and business operation entity fails to establish and improve the files of special operators, it shall be given a warning and fined 1000 yuan.
Thirty-ninth production and business units that use special operators who have not obtained special operation certificates to work at their posts shall be ordered to make corrections within a time limit; Can be fined up to 50,000 yuan; If it fails to make corrections within the time limit, it shall be ordered to stop production and business for rectification, and a fine of 50,000 yuan to 6,543,800 yuan shall be imposed, and the directly responsible person in charge and other directly responsible personnel shall be fined 65,400 yuan to 20,000 yuan.
If a coal mining enterprise uses a special operator who has not obtained a special operation certificate to work at his post, he shall be punished in accordance with the provisions of the "Special Provisions on the Prevention of Coal Mine Production Safety Accidents" of the State Council.
Article 40 Where a production and business operation entity illegally prints, forges or resells a special operation certificate, or uses a special operation certificate that is illegally printed, forged or resold, it shall be given a warning and fined between 654.38 million yuan and 30,000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 41 Special operators who forge, alter or use forged special operation certificates shall be given a warning and fined between 65,438 yuan and 5,000 yuan. Special operations personnel who lend, transfer or fraudulently use special operations operation certificates shall be given a warning and fined between 2,000 yuan and 65,438 yuan and 0,000 yuan.
Chapter VII Supplementary Provisions
Article 42 The charging standards for the training and examination of special operators shall be uniformly formulated by the safety production supervision and management departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the departments responsible for the examination and certification of special operators in coal mines or designated institutions, and shall be implemented after being reported to the price and finance departments of the people's governments at the same level for approval. The certification fee shall be included in the financial budget of the same level by the examination and certification authority. Article 43 The safety production supervision and management departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, the departments responsible for the examination and certification of coal mine special operators or designated institutions may formulate detailed implementation rules in light of local conditions and report them to the General Administration of Safety Supervision and the Coal Mine Safety Supervision Bureau for the record. Article 44 These Provisions shall come into force on July 1 day, 2065438. 1July, 999 12 The former State Economic and Trade Commission issued the Administrative Measures for Safety Technology Training and Assessment of Special Operators (OrderNo. 10 of the former State Economic and Trade Commission. 13) shall be repealed simultaneously.