Take you to understand the new security law
Learn the new security law and keep the safety line
Article 34The construction unit of the mine, metal smelting construction project and the construction project used for the production, storage, loading and unloading of dangerous goods must be designed and constructed in accordance with the approved safety facilities, and shall be responsible for the engineering quality of the safety facilities.
Before the construction project of mine and metal smelting and the construction project for the production, storage, loading and unloading of dangerous goods are completed and put into production or use, the construction unit shall be responsible for organizing the acceptance of the safety facilities;After passing the acceptance, it can be put into production and use. The departments responsible for the supervision and management of production safety shall strengthen the supervision and verification of the acceptance activities and acceptance results of the construction unit.
The main purpose of this article is the provisions on the construction and completion acceptance of safety facilities of special construction projects and their supervision and inspection.
Interpretation of the Article: The construction, completion and acceptance of mines, metal smelting construction projects and construction projects used for the production, storage, loading and unloading of dangerous goods are particularly important to ensure the subsequent safety of production, and it is necessary to make special provisions and clearly put forward strict requirements.
1. Requirements for the construction of construction projects such as mines and metal smeltingIn accordance with the relevant provisions of this Law, the relevant competent departments shall review the design of safety facilities for mines, metal smelting construction projects and construction projects used for the production, storage, loading and unloading of dangerous goods, and approve the design that conforms to the relevant laws, regulations, rules, national standards or industry standards. The construction units of mines, metal smelting construction projects and construction projects used for the production, storage, loading and unloading of dangerous goods must be designed and constructed in accordance with the approved safety facilities, and no unit or individual shall decide not to design and construct in accordance with the approved safety facilities or change the design documents without authorization. All changes and adjustments to the design content of safety facilities must prepare a construction adjustment plan and submit it to the original examination and approval department for approval before it can be implemented. This is a statutory requirement for the construction unit, and the construction unit must comply with it. This is also the basis for ensuring the quality of safety facilities for mines, metal smelting construction projects and construction projects used for the production, storage, loading and unloading of dangerous goods.
During the construction process of the construction project, under the premise that there is no problem with the survey and design quality of the project, the quality of the whole project is ultimately determined by the construction quality. In practice, many quality problems in construction projects occur in the construction stage of construction projects. Therefore, the construction unit should strictly control the construction quality, do a good job in the quality control and management of the construction, and carry out the construction in strict accordance with the approved design documents and technical standards. Generally speaking, the construction unit should focus on the following aspects of construction management: First, the construction of safety facilities must be prepared in accordance with the design of the construction organization design or plan, otherwise it is not allowed to start. Second, before the start of construction, it is necessary to prepare a division of labor plan, gradually carry out the construction organization design disclosure, and at the same time carry out the horizontal disclosure of relevant departments and professionals, and have corresponding disclosure records. The third is to strengthen the control of the whole process of construction, and carry out intermediate inspection of the implementation of construction organization design for the three stages of foundation construction, structural construction and decoration. Fourth, when the project is completed, it must make a technical summary according to the original safety facility design in a timely manner and report to the original examination and approval unit.
For the quality problems caused by construction reasons, the construction unit bears full responsibility. These responsibilities include the civil liability of the construction unit for repairing and compensating for the losses caused by the quality problems existing in the project;The relevant competent departments shall give administrative punishment to the units that violate the construction of the administrative responsibility;and for those who cause major quality accidents and constitute crimes, they shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law. For projects that are subject to general contracting, the general contractor is responsible for the quality of the safety facilities project. For subcontracted projects, the subcontracting unit shall be responsible for the quality of the subcontracted projects. The general contractor shall be jointly and severally liable with the subcontractor for the quality of the subcontracted project.
2. Requirements for the acceptance of safety facilities for mines, metal smelting and other construction projectsThe acceptance of safety facilities for mines, metal smelting construction projects and construction projects used for the production, storage, loading and unloading of dangerous goods refers to the inspection and assessment of whether the safety facilities meet the design requirements and engineering quality standards when the safety facilities have completed all construction tasks in accordance with the design requirements and are ready to be delivered to the construction unit for production and use. This is the last procedure in the whole process of safety facility construction and the last important link in the quality control of safety facilities.
It is of great significance to conscientiously do a good job in the acceptance of safety facilities to ensure the quality of safety facilities. The construction unit is the main investor of the construction project, and shall be responsible for the safety quality and effect of the safety facilities of the construction project after they are put into production and use, and ensure the safe progress of the construction project. Therefore, this article stipulates that before the completion of the construction project of mining and metal smelting and the construction project for the production and storage of dangerous goods and put into production or use, the construction unit shall be responsible for organizing the acceptance of the safety facilities;After passing the acceptance, it can be put into production and use. The content of acceptance is mainly whether the safety facilities are built at the same time as the main project, whether the construction is carried out in strict accordance with the approved facilities, and whether the quality of the project meets the requirements of laws, regulations, safety regulations and technical standards. The construction unit must be conscientious and responsible, and strictly follow the relevant regulations to carry out the acceptance of its safety facilities. For safety facilities that have not been accepted or received by experience but are unqualified, the construction unit shall not put them into production and use. Otherwise, the construction unit will bear the corresponding legal responsibility in accordance with the law.
In order to promote the construction unit to conscientiously do a good job in the acceptance work according to the standards, this article stipulates that the department responsible for the supervision and management of production safety shall strengthen the supervision and verification of the acceptance activities and acceptance results, including on-site inspection of relevant important projects or important parts, or verification of the acceptance results.
*: Interpretation of the Work Safety Law of the People's Republic of China