Regulations on mechanical safety supervision and administration of construction cranes

Regulations for Safety Supervision and Administration of Construction Hoisting Machinery

Article 1 For the purpose of strengthening the safety supervision and administration of construction lifting machinery, preventing and reducing production safety accidents, and ensuring the safety of people's lives and property, these Provisions are formulated in accordance with the "Regulations on the Administration of Construction Project Production Safety", "Regulations on the Safety Supervision of Special Equipment" and "Regulations on Safety Production License".

Article 2 These Provisions shall apply to the leasing, installation, disassembly, use and supervision and administration of construction lifting machinery. The term "construction lifting machinery" as mentioned in these Regulations refers to the lifting machinery included in the catalogue of special equipment and installed, dismantled and used in building construction sites and municipal engineering sites.

Article 3 The competent construction department under The State Council shall supervise and administer the leasing, installation, disassembly and use of construction lifting machinery throughout the country. The competent construction departments of the local people's governments at or above the county level shall supervise and administer the leasing, installation, disassembly and use of construction lifting machinery within their respective administrative areas.

Article 4 The construction lifting machinery leased by the leasing unit and the construction lifting machinery purchased, leased or used by the user unit shall have the special equipment manufacturing license, product qualification certificate and manufacturing supervision and inspection certificate.

Article 5 Before the leasing unit hires out construction lifting machinery for the first time, the user unit that purchases construction lifting machinery from itself shall, before the first installation of construction lifting machinery, submit the manufacturing license, product certificate and manufacturing supervision and inspection certificate to the competent construction department of the local people's government at or above the county level where the unit is registered for industry and commerce for the record.

Article 6 The leasing unit shall specify the safety responsibilities of both parties in the signed lease contract for construction lifting machinery, issue the manufacturing license, product qualification certificate, manufacturing supervision and inspection certificate, record certificate and self-inspection certificate of construction lifting machinery special equipment, and submit the installation and use instructions.

Article 7 Construction lifting machinery under any of the following circumstances shall not be leased or used: (1) Those that have been eliminated or prohibited by the State in explicit order; (2) exceeding the safety technical standards or the service life prescribed by the manufacturer; (3) failing to meet the requirements of the safety technical standards after inspection; (4) It does not have complete safety technical files; (5) Lacking complete and effective safety protection devices.

Article 8 If construction lifting machinery is under any of the circumstances listed in Item (1), (2) or (3) of Article 7 of these Regulations, the leasing unit or the user unit that purchased the construction lifting machinery shall scrap it and go through the cancellation formalities with the original record authority.

Article 9 The leasing units and the users of construction lifting machinery purchased by themselves shall establish a safety technical file of construction lifting machinery. The safety technical archives of construction lifting machinery shall include the following materials: (1) Original materials such as purchase and sales contracts, manufacturing licenses, product certificates, manufacturing supervision and inspection certificates, installation and use instructions, record certificates, etc.; (2) Periodic inspection report, periodic self-inspection record, periodic maintenance record, repair and technical transformation record, operation failure and production safety accident record, cumulative operation record and other operating data; (3) Previous installation acceptance data.

Article 10 Units engaged in the installation and dismantlement of construction lifting machinery (hereinafter referred to as installation units) shall obtain the corresponding qualifications issued by the competent construction department and the safety production license for construction enterprises according to law, and contract the installation and dismantlement projects of construction lifting machinery within the scope of their qualifications.

Article 11 The user and installation units of construction lifting machinery shall specify their respective responsibilities for production safety in the contract signed for installation and disassembly of construction lifting machinery. In case of general construction contracting, the general construction contracting unit shall sign a safety agreement with the installation unit on the installation and disassembly of construction lifting machinery.

Article 12 An installation unit shall perform the following safety duties: (1) In accordance with the safety technical standards and the performance requirements of construction lifting machinery, a special construction plan for the installation and disassembly of construction lifting machinery shall be prepared and signed by the technical person in charge of the unit; (2) Inspect construction lifting machinery and site construction conditions in accordance with safety technical standards and instructions for installation and operation; (3) Organize the disclosure of safe construction techniques and sign for confirmation; (4) Formulate emergency rescue plans for production safety accidents in the installation and disassembly projects of construction lifting machinery; (5) After submitting to the general construction contractor and supervision unit for examination and verification the special construction scheme, the list of installation and disassembly personnel, the installation and disassembly time and other materials of the hoisting machinery installation and disassembly project, the competent construction department of the local people's government at or above the county level in the place where the project is located.

Article 13 The installation unit shall organize the installation and disassembly of construction lifting machinery according to the special construction plan and safe operation rules of the installation and disassembly project. The professional and technical personnel of the installation unit and the full-time administration personnel of production safety shall conduct on-site supervision, and the technical person in charge shall make regular inspection.

Article 14 After the installation of construction lifting machinery, the installation unit shall conduct self-inspection, commissioning and trial run of construction lifting machinery in accordance with the safety technical standards and the relevant requirements of the installation and operation instructions. If it passes the self-inspection, it shall issue a certificate of passing the self-inspection and provide instructions on safe use to the user.

Article 15 An installation unit shall establish a file on the installation and disassembly of construction lifting machinery. Installation and disassembly engineering files of construction lifting machinery shall include the following materials: (1) Installation and disassembly contract and safety agreement; (2) Special construction plans for installation and disassembly projects; (3) Relevant data on disclosure of safe construction techniques; (4) Data on acceptance of installation projects; (5) Emergency rescue Plan for production safety accidents in installation and disassembly projects.

Article 16 After the installation of construction lifting machinery is completed, the user shall organize the leasing, installation, supervision and other relevant units to carry out the acceptance inspection, or entrust the corresponding qualified inspection and testing institutions to carry out the acceptance inspection. Construction lifting machinery may not be put into use until it has passed the acceptance check. Those that have not passed the acceptance check shall not be put into use. In case of general contracting for construction, the general contracting unit shall organize the acceptance inspection. Construction lifting machinery shall pass the supervision and inspection of qualified inspection and testing institutions before acceptance inspection. Inspection and testing institutions and inspection and testing personnel shall bear legal liability for inspection and testing results and appraisal conclusions according to law.

Article 17 The user unit shall, within 30 days from the date of passing the acceptance inspection of the installation of construction lifting machinery, register the usage of construction lifting machinery with the competent construction department of the local people's government at or above the county level, the data on the acceptance inspection of the installation of construction lifting machinery, the safety management system of construction lifting machinery and the list of special operators, etc. The registration mark is placed in or attached to a prominent position on the equipment.

Article 18 The user shall perform the following safety duties: (1) Taking appropriate safety protection measures for construction lifting machinery in light of different construction stages, surrounding environment and seasonal and climatic changes; (2) Formulate emergency rescue plans for production safety accidents of construction hoisting machinery; (3) To set up obvious safety warning signs within the activity range of construction lifting machinery, and do a good job of safety protection in concentrated operation areas; (4) To set up an appropriate equipment management organization or to have full-time equipment management personnel; (5) Designate full-time equipment management personnel and full-time production safety management personnel to conduct on-site supervision and inspection; (6) In case of failure or abnormal occurrence of construction lifting machinery, it shall be stopped from use immediately and put back into use only after the failure and hidden danger of accident have been eliminated.

Article 19 The user unit shall carry out regular and regular inspection, maintenance and maintenance of construction lifting machinery in use and its safety protection devices, spreaders and rigging, etc., and make good records. After the end of the lease term of construction lifting machinery, the user shall hand over the regular inspection, maintenance and maintenance records to the leasing unit. Where there are other provisions on the inspection, maintenance and maintenance of construction lifting machinery in the lease contract, such provisions shall prevail.

Article 20 If construction lifting machinery needs to be attached during use, the user unit shall entrust the original installation unit or the installation unit with corresponding qualifications to implement the construction in accordance with the special construction plan, and organize acceptance inspection in accordance with the provisions of Article 16 of these Provisions. Only after acceptance can it be put into use. If construction lifting machinery needs to be lifted during use, it can be put into use after the user entrusts the original installation unit or the installation unit with corresponding qualifications to implement the special construction plan. It is prohibited to install standard joints and attaching devices other than those made by the original manufacturer on construction lifting machinery without authorization.

Article 21 The general construction contractor shall perform the following safety duties: (1) Provide the installation unit with the basic construction materials of the location of the equipment to be installed, and ensure the construction conditions required for the entry of construction lifting machinery for installation and disassembly; (2) To examine the manufacturing license, product qualification certificate, manufacturing supervision and inspection certificate, record certificate and other documents of the special equipment of construction lifting machinery; (3) To examine the qualification certificates of installation units and users, production safety licenses and special operation qualification certificates of special operation personnel; (4) To examine the special construction plans for the installation and disassembly of construction lifting machinery and the emergency rescue plans for production safety accidents formulated by the installation units; (5) To examine the emergency rescue plan for production safety accidents of construction lifting machinery formulated by the user; (6) Designate full-time production safety administration personnel to supervise and inspect the installation, disassembly and use of construction lifting machinery; (7) When multiple tower cranes are operating at the construction site, safety measures shall be formulated and implemented to prevent collision between tower cranes.

Article 22 Supervision units shall perform the following safety duties: (1) Examine and verify the manufacturing license, product qualification certificate, manufacturing supervision and inspection certificate, record certificate and other documents of construction Hoisting machinery special equipment; (2) To examine the qualification certificates of the units installing and using construction lifting machinery, the safety production license and the special operation qualification certificates of the special operation personnel; (3) To examine the special construction plans for the installation and disassembly of construction lifting machinery; (4) To supervise the implementation of the special construction plan for the installation and disassembly of construction lifting machinery by the installation unit; (5) To supervise and inspect the use of construction lifting machinery; (6) Where any hidden danger of production safety accidents is found, it shall require the installation unit or the user unit to make rectification within a time limit; if the installation unit or the user unit refuses to make rectification, it shall promptly report to the construction unit.

Article 23 For a project contracted to two or more construction units according to law, where different construction units operate multiple tower cranes at the same construction site, the construction unit shall coordinate and organize the formulation of safety measures to prevent collision of tower cranes. If the installation unit or the using unit refuses to rectify the hidden dangers of production safety accidents, the construction unit shall, upon receiving the report from the supervision unit, order the installation unit or the using unit to stop work immediately for rectification.

Article 24 The special operators of construction lifting machinery shall abide by the safety operation rules and safety management system of construction lifting machinery, have the right to refuse illegal command and force risky operation during operation, and have the right to stop operation immediately or take necessary emergency measures to evacuate dangerous areas in case of emergency endangering personal safety.

Article 25 The installation and disassembly workers of construction lifting machinery, hoisting signal workers, hoisting drivers, cable operators and other special operators shall not take up their posts until they have passed the examination by the competent construction department and have obtained the qualification certificate for special operations. The competent construction departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for organizing the implementation of the assessment of special operators of construction enterprises. Shall the special operation qualification certificate of the special operation personnel be issued by the competent construction department under The State Council? When performing the duties of safety supervision and inspection, departments shall have the right to take the following measures: (1) request the units under inspection to provide documents and materials related to construction lifting machinery; (2) entering the construction site of the unit under inspection and the unit under inspection for inspection; (3) To order the immediate elimination of the hidden dangers of production safety accidents of construction hoisting machinery found in the inspection; Where safety cannot be ensured before or during the elimination of potential hazards of major production safety accidents, the operation personnel shall be ordered to withdraw from dangerous areas or the construction shall be suspended temporarily.

Article 27 The competent construction departments responsible for filing or registration shall set up archives of construction lifting machinery within their respective administrative areas, give uniform numbers to construction lifting machinery in accordance with relevant provisions, and publish the safety conditions of construction lifting machinery to the public on a regular basis.

Article 28 Where, in violation of these Provisions, a unit that leases or uses construction lifting machinery purchased by itself commits one of the following acts, the competent construction department of the local people's government at or above the county level shall order it to correct within a time limit, give it a warning, and impose a fine of not less than 5,000 but not more than 10,000 yuan: (2) failing to go through the cancellation procedures in accordance with the provisions; (3) Failing to establish the safety technical files of construction hoisting machinery in accordance with the provisions.

Article 29 Where, in violation of these Provisions, an installation unit commits one of the following acts, the competent construction department of the local people's government at or above the county level shall order it to correct within a time limit, give it a warning and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan: (1) failing to perform the safety duties in items (2), (4) and (5) of Article 12; (2) failing to establish engineering files for the installation and disassembly of construction lifting machinery in accordance with regulations; (3) failing to organize the installation and disassembly of construction lifting machinery according to the special construction plan and safe operation rules of the project.

Article 30 Where, in violation of these Provisions, a user commits one of the following acts, the competent construction department of the local people's government at or above the county level shall order the user to correct within a time limit, give a warning and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan: (1) failing to perform the safety duties in items (1), (2), (4) and (6) of Article 18; (2) failing to designate full-time equipment management personnel for on-site supervision and inspection; (3) Installing standard joints and attaching devices other than those made by the original manufacturer on construction lifting machinery without authorization.

Article 31 Where a general construction contractor, in violation of these Provisions, fails to perform the safety duties in Items (1), (3), (4), (5) and (7) of Article 21, the competent construction department of the local people's government at or above the county level shall order it to correct within a time limit, give it a warning, and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.

Article 32 Where a supervision unit, in violation of these Provisions, fails to perform its safety duties in items (1), (2), (4) or (5) of Article 22, the competent construction department of the local people's government at or above the county level shall order it to correct within a time limit, give it a warning, and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.

Article 33 Violation