Foshan’s First Dangerous Local Government Regulations

On October 1, Foshan Hazardous Chemicals Safety Management Regulations will be formally implemented. This is the first legislation of Foshan Hazardous Chemicals Safety Management. Hazardous Chemicals units engaged in the production, storage, use, operation, transportation and disposal of hazardous chemicals must comply with the requirements of the regulations and strengthen the risk. Hazardous chemicals management is of great significance.
This morning, Foshan held a press conference on “Foshan Hazardous Chemicals Safety Management Regulations” (hereinafter referred to as “Regulations”) to interpret the regulations in detail. It is reported that after the implementation of the Regulations on October 1, Foshan will organize members of the Security Council to carry out investigation and rectification of hazardous chemicals production, operation, use and transportation, strictly enforce the law, carry out law enforcement warning education, ensure the effective implementation of the law, and resolutely curb the occurrence of various dangerous chemical accidents. In addition, we will continue to refine relevant measures, formulate a list of prohibited hazardous chemicals in Foshan, and further refine the technical and operational requirements of hazardous chemicals.
Why should we legislate for dangerous management?
The Regulations on Safety Management of Hazardous Chemicals in Foshan City is the first government regulation in the field of Safety Production Supervision issued after Foshan gained the local legislative power.
Foshan is a big manufacturing city. Chemical industry, as an important basic material, plays an important role in the development of Foshan’s industrial industry. According to statistics, 182 chemical production license units and 1542 business license units in Foshan are the second in the province.
However, Foshan chemical industry also faces such outstanding problems as unreasonable layout, weak safety foundation of enterprises and insufficient safety supervision. Especially, there are gaps in legal system and lack of management in the use and storage of dangerous chemicals, which is not conducive to standardizing safety behavior of enterprises, increasing the difficulty of government supervision and there is a greater security. There is an urgent need to further strengthen the management of hazardous chemicals through local legislation because of the hidden dangers of total production and public safety risks.
What are the provisions?
Foshan Hazardous Chemicals Safety Management Regulations consists of 67 regulations in six chapters, including general rules, planning and construction, safety guarantee norms, emergency response and supervision management, legal liability and supplementary rules, with more than 10,000 words.
Hazardous chemicals referred to in the regulations refer to those chemicals which are poisonous, corrosive, explosive, burning and combustion-supporting, which are harmful to human body, facilities and environment and are listed in the catalogue of dangerous chemicals.
At the same time, it is clearly pointed out that the safety management of civil explosives, fireworks, radioactive materials, nuclear energy materials and dangerous chemicals used in national defense scientific research and production is not applicable to this regulation.
Linking Dangerous Chemicals Management with the Personal Interests of the Principal Persons in Charge of the Unit
It stipulates that 11 administrative departments shall exercise the power and responsibility of safety supervision and management over the production, storage, use, operation, transportation and disposal of hazardous chemicals.
It is noteworthy that the regulations are clear that the principal responsible persons of hazardous chemicals units are fully responsible for the safety management of hazardous chemicals in their units, and the responsibility for violating the law is linked to the personal interests of the managers and responsible persons of the units.
Penalty of 500,000-1,000,000 for illegal construction of hazardous chemicals production and storage projects
According to Article 24 of the Regulations, construction projects for the production and storage of hazardous chemicals and chemical construction projects accompanied by hazardous chemicals (including long-distance pipeline construction projects for hazardous chemicals) shall carry out safety pre-evaluation, safety facility design and completion and acceptance of safety facilities in accordance with relevant requirements. Safety facilities of construction projects must be designed, constructed and put into production and use at the same time as main projects.
Those who violate the above provisions shall be ordered by the emergency management department to stop construction or stop production and business for rectification and rectification within a time limit; those who fail to rectify within the time limit shall be fined not less than 500,000 yuan but not more than 1,000,000 yuan; and those who are directly responsible for them and other persons who are directly responsible for them shall be fined not less than 20,000 yuan but not more than 50,000 yuan. If a crime is constituted, criminal responsibility shall be investigated according to law.
What are the highlights of the regulations?

  1. The main responsibility of enterprises is more prominent.
    Provisions further clarify the division of responsibilities among government functional departments; put the main responsibility of enterprises in a more prominent position; and add the local supervision responsibilities of the town people’s government, sub-district offices, development zone management agencies and other government agencies and village (residential) people’s committees.
  2. Implementing strict source control
    It stipulates that the list of prohibition, restriction and control of dangerous chemicals in Foshan has been formulated, source control has been strengthened, strict control has been exercised in investment approval, land transfer and construction project planning, and new, reformed and expanded projects in areas specially used for the production and storage of dangerous chemicals (including chemical industry parks) have been strictly prohibited.
  3. Establishment of hazardous chemicals concentration areas
    The Regulations require the unified planning of industrial parks, special places for unloading hazardous chemicals and special places for government disposal of hazardous chemicals, the establishment of concentrated areas for hazardous chemicals, and the strengthening of enterprise control over hazardous chemicals. Establish and make good use of early warning system in hazardous chemicals Park and centralized management area, and build integrated safety production management.
  4. Fill in the management loopholes of dangerous chemicals using link
    Regulating the safety management of hazardous chemicals is the key content of this legislation. The use of dangerous chemicals in Foshan involves a wide range of industries. At present, the existing national laws on the use of dangerous chemicals are not perfect, and need to be supplemented and refined through local legislation. It stipulates mandatory provisions on safety assessment, safe storage, storage standards and management system of enterprises using hazardous chemicals.