General Administration of Quality Supervision, Inspection and Quarantine Order No. 70 January 10, 2005
Chapter 1 General Provisions
Article 1 In order to strengthen the supervision and management of special equipment operators, standardize the procedures for appraising and issuing licenses, and ensure the safe operation of special equipment, according to the "Law of the People's Republic of China on Administrative Licensing Law," "Special Equipment Safety Supervision Regulations," and the "State Council on Demands." These Measures are formulated for the decision on setting administrative licenses for administrative approval items that are retained.
The second operator of special equipment such as boilers, pressure vessels (including gas cylinders), pressure pipelines, elevators, lifting appliances, passenger ropeways, large-scale amusement facilities, and motor vehicles in the field (plant) shall be collectively referred to as special equipment. operators. For the categories of special operations equipment operators and their project catalogues, see the attachments to these Measures.
Personnel engaged in special equipment operations shall, in accordance with the provisions of the present Measures, obtain a "certificate for the operation of special equipment operators" after passing the examination, before engaging in appropriate operations or management work.
Article 3 The State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the AQSIQ) is responsible for the supervision and management of the national special equipment operators, and the quality and technical supervision departments at or above the county level shall be responsible for the supervision and management of special equipment operators within their respective jurisdictions.
Article 4 A person who applies for a “Special Equipment Operator Personnel Certificate†shall first register with the special equipment operators examination organization designated by the issuance department (hereinafter referred to as the examination organization) to take the examination; after passing the examination, the examination results and related materials shall be used to send the examination. The certification department applies for verification and certification.
Article 5 The units that produce and use special equipment (hereinafter collectively referred to as employers) shall employ (employ) the personnel who have obtained the "Special Equipment Operator Certificate" to engage in related management and operation work, and strictly manage the operating personnel.
The operators of special equipments shall hold the certificates, perform operations according to the regulations, and discover hidden problems in a timely manner or report.
Chapter II Examinations and Auditing Procedures
Article 6 The assessment and issuance of special equipment operators shall be carried out by the quality and technical supervision department at or above the county level. The specific scope of classification shall be determined by the provincial quality and technical supervision department, and shall be announced within the province.
For the inspection and certification of a small number of pressure vessels and pressure pipelines with pressure seals, oxygen chamber maintenance, long-distance pipeline safety management, operation and management of passenger ropeways, installation and management of large-scale amusement facilities, etc., by the national quality inspection The Directorate-General determines the examination organizations and organizes examinations in a unified manner. The examination is conducted by the quality and technical supervision department of the place where the equipment is located.
Article 7 The examination institution for special equipment operators shall have the necessary conditions and capabilities such as the corresponding places, equipment, teachers, invigilators, and a sound examination management system. The approval of the issuance department may only take the examination.
The issuing authority shall supervise the examination organization and find problems in time.
Article 8 The procedures for the examination and certification of special equipment operators shall include: registration for examinations, examinations, applications for licensing, acceptance, examination and certification.
Article 9 The issuing department and the examination organization shall publish the procedures, examinations, examination and certification procedures, the type of examination personnel, the specific conditions for the examination, the basis and criteria for charging, the name and location of the examination organization, and the examination plan in the office. Among them, the specific examination plan items such as the examination registration time, examination subjects, examination locations, and examination time should be announced two months before the date of the examination.
Conditions should be announced on relevant websites and news media.
Article 10 Persons applying for the "Special Equipment Operator Certificate" shall meet the following conditions:
(A) The age of 18 or older;
(2) Physical health and meet the special requirements for the kind of work that the applicant applies for;
(3) Having a degree of education that suits the type of job application;
(4) Having a working experience that suits the type of job application;
(5) Having corresponding safety technical knowledge and skills;
(6) Meet other requirements stipulated by safety technical specifications.
The specific conditions of the operator shall be implemented in accordance with the relevant safety technical specifications.
Article 11 The employing unit shall strengthen the safety education and training of the operating personnel to ensure that the special equipment operators have the necessary knowledge of the safe operation of the special equipment, the operating skills and the timely updating of the knowledge. If there is no training ability, the issuing department can be entrusted to organize training.
The contents of the training of the operators shall be implemented in accordance with the safety technical specifications such as the training and assessment outlines of relevant operators formulated by the General Administration of Quality Supervision, Inspection and Quarantine.
Article 12 The eligible applicants shall submit the relevant certification materials to the examination organization and register for the examination.
Article 13 The examination organization shall formulate and conscientiously implement various rules and regulations for the examination organization work of special equipment operators, strictly organize the implementation of examinations for special equipment operators in accordance with the principles of openness, impartiality, and fairness to ensure the quality of examination work.
Article 14 After the examination is over, the examination organization shall inform the applicant of the examination results within 20 working days and publish the examination results.
Article 15 Persons who pass the examination shall apply to the Issuing Authority for the "Special Equipment Operator Certificate" by presenting the examination result notice and other relevant certification materials.
Article 16 The issuing authority shall examine the submitted materials within 5 working days, or inform the applicant to supplement the application materials, and make a decision on whether to accept the application materials. If it can be reviewed on the spot, it should be handled on the spot.
Article 17 For an application for consent to be accepted, the issuing authority shall complete the examination and approval formalities within 20 working days. If the permit is granted, the applicant shall be issued a “Special Equipment Operator Certificate†within 10 working days; if the certification is not granted, the reasons shall be stated in writing.
Article 18 The evaluation and certification of special equipment operators shall follow the principles of convenience, openness and high efficiency. In order to facilitate the applicants to apply for examination and issuance of certificates, the issuance authority may place the place for acceptance and issuance of certificates on the examination registration place, and entrust the examination organization to examine whether the applicant meets the conditions for applying for the examination when enrolling in the examination. The department can directly handle the procedures for acceptance and review and issue of certification.
Chapter III Use and Supervision of Certificates
Article 19 Personnel holding the "Special Equipment Operator Certificate" must be employed by the employer's legal representative (person in charge) or his authorized person after hiring (hiring) before being allowed to work within the scope of the licensed project.
Article 20 Employers shall strengthen the management of special equipment operation sites and operating personnel and perform the following duties:
(1) To formulate operating procedures and related safety management systems for special equipment;
(2) employing qualified personnel and establishing management files for special equipment operators;
(3) Conduct safety education and training for operators;
(D) ensure that the holder of posts and chapter operations;
(5) Providing the necessary safe operating conditions;
(6) Other prescribed obligations.
Article 21 The special equipment operators shall abide by the following provisions:
(1) Carrying documents with them during the operation, and consciously accepting the supervision and inspection of the safety management and quality and technical supervision departments of the employing units;
(2) Actively participate in special equipment safety education and safety technical training;
(3) Strict implementation of special equipment operation procedures and related safety rules and regulations;
(4) Refusal of illegal command;
(5) The discovery of hidden accidents or unsafe factors should be immediately reported to the on-site management personnel and relevant responsible persons of the unit;
(6) Other relevant regulations.
The twenty-second "special equipment operator certificate" will be reviewed once every two years. The certificate holder shall submit an application for reexamination to the issuance department 3 months before the expiration of the review period. If the review is qualified, the issuing authority will sign the original certificate. For those who have not recorded any violations or illegal records within two years, and participate in safety training on time, they shall extend the review period in accordance with the relevant safety technical regulations.
Those failing the review should retake the exam. If they fail to apply for re-examination or fail to pass the examination within the time limit, their "Special Equipment Operator Certificate" shall be cancelled.
Special equipment operators who work across regions may apply for a review from the license-issuing department at the place where they work.
Article 23 Where the "Equipment Certificate for Special Equipment Operators" is lost or damaged, the certificate holder shall report to the issuing authority in a timely manner and make an announcement in the local media. If the verification is true, the issuing authority shall renew the certificate.
Article 24 No unit or individual may illegally print, falsify, alter, resell, lease, or lend the "Special Equipment Operator Certificate."
Article 25 The quality and technical supervision departments at all levels shall supervise and inspect the operations of special equipment and investigate and deal with illegal operations.
Article 26 The issuance authority shall strengthen the supervision and administration of the examination organization, correct the violations in a timely manner, and if necessary, send a person to supervise the relevant activities of the examination on the spot.
Article 27 The issuing department shall establish the supervision and management files of special equipment operators and record the conditions of examination, issuance, reexamination and supervision and inspection. The issuance, review and supervision of inspections should be announced to the public on a regular basis.
Article 28 The specific requirements for examination, registration, examination, license application, acceptance, examination, certification and other aspects of examinations for special equipment operators, as well as the establishment of examination organizations and the cancellation and re-examination of the "Special Equipment Operator Certificate," etc. The safety technical specifications such as the examination rules for special equipment operators formulated by the General Administration of Quality Supervision, Inspection and Quarantine shall be implemented.
Chapter 4 Penalties
Article 29 If an applicant conceals the relevant circumstances or provides false materials to apply for the “Special Equipment Operator Personnel Certificateâ€, it shall not accept or approve the issuance of the permit, and shall not apply for the “Special Equipment Operator Personnel Certificate†again within one year.
Article 30 In any of the following circumstances, the "Special Equipment Operator Certificate" shall be revoked:
(1) Certificated workers cheated in examinations or obtained "Special Equipment Operator Certificate" by other fraudulent means;
(2) Accidents caused by illegal operation or management of certified workers;
(3) The licensee found that the accident accident or other unsafe factors did not immediately report the accident caused by the special equipment;
(4) The holder of the certificate does not apply for re-examination or re-examination fails and does not take the exam;
(5) The staff of the examination organization or the issuing department abuses their power, neglects their duties, violates the legal procedures or exceeds the scope of the issuance of the certificate for certification.
In violation of the provisions of paragraphs (1), (2), (3) and (4) of the preceding paragraph, the holder of a certificate must not apply for a "special equipment operator certificate" within 3 years; it violates paragraph (2) and (3) of the preceding paragraph. The regulations stipulate that if an extraordinary accident is caused, they may not apply for the “Special Equipment Operator Certificate†for life.
Article 31 In any of the following circumstances, the employing unit shall be ordered to correct and impose a fine of more than 1,000 yuan but less than 30,000 yuan:
(1) Commanding the operation of special equipment illegally;
(2) The operator violates the operation procedures of special equipment and related safety rules and regulations, or discovers hidden accidents or other unsafe factors in the operation process. It does not immediately report to the site management personnel and relevant responsible persons of the unit. The employer has not criticized the operator. Education or discipline.
Article 32 Whoever illegally prints, falsifies, alters, resells, leases, or lends the "Special Equipment Operator Certificate" or uses illegally printed, falsified, altered, resold, leased, or lends "special equipment operator certificate", A fine of less than 1,000 yuan shall be imposed; if a crime is constituted, criminal responsibility shall be investigated according to law.
The appraisal work of the workers shall be carried out by the issuing authority at the next level.
Article 34: Examination institutions that fail to organize examinations in accordance with prescribed procedures shall be ordered to rectify; where circumstances are serious, their approval shall be suspended or withdrawn.
Article 35 The staff of the license-issuing department or the examination organization who abuse their power, neglect their duties, or seek personal gain for personal gain shall be given administrative sanctions in accordance with the law; where a crime is constituted, criminal responsibility shall be investigated according to law.
Article 36 If the operator fails to obtain the "Special Equipment Operator Certificate" or the employer fails to perform safety education and training for the special equipment operator, the provisions of Article 77 of the "Regulations on the Supervision of Special Equipment Safety" shall be provided. The employer shall be punished.
Chapter 5 Supplementary Provisions
Article 37 The format, printing, etc. of the "Special Equipment Operator Personnel Certificate" shall be uniformly prescribed by the AQSIQ.
Article 38 Fees for assessment shall be implemented in accordance with the relevant regulations of the State.
Article 39 The present Measures shall not apply to personnel engaged in the operation of lifting appliances and their related management in housing construction sites and municipal engineering sites.
Article 40 The AQSIQ shall be responsible for the interpretation of these Measures.
Article 41 The present Measures shall come into force on July 1, 2005. Where the original provisions are inconsistent with the requirements of these Measures, these Measures shall prevail.
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