Two. The Measures for the Supervision and Administration of Safety Evaluation Institutions have been issued, as follows:
first
In order to strengthen the management of safety evaluation institutions in our province, standardize the safety evaluation behavior, establish a fair, open, just and competitive safety evaluation intermediary service system, improve the safety evaluation level and service quality, and ensure the scientific, fair and serious safety evaluation work, these measures are formulated in accordance with the Safety Production Law. Regulations of Shaanxi Province on Work Safety and Regulations of state administration of work safety (hereinafter referred to as the State Administration of Work Safety) on the Administration of Safety Evaluation Institutions and other relevant laws and regulations.
Article 2 These Measures shall apply to all safety evaluation institutions and safety evaluation personnel engaged in statutory safety evaluation activities as well as safety production supervision and management departments in this province.
essay
Safety evaluation institutions shall obtain corresponding safety evaluation qualification certificates (hereinafter referred to as qualification certificates) and engage in safety evaluation activities within the business scope determined by the qualification certificates. Safety evaluation personnel shall obtain corresponding qualifications before practicing.
Safety evaluation institutions and their safety evaluation personnel who have not obtained qualification certificates shall not engage in safety evaluation activities.
Article 4 Qualification certificates are divided into Grade A and Grade B. ..
Grade A qualification certificate is approved and issued by state administration of work safety; The Grade B qualification certificate is approved and issued by the Provincial Administration of Work Safety (hereinafter referred to as the Provincial Administration of Work Safety).
Article 5
To carry out the work in Shaanxi Province, the safety evaluation institutions outside the province that have obtained the Grade A qualification certificate must first report to the Provincial Safety Supervision Bureau for the record. The filing method shall be implemented in accordance with the Interim Measures for the Filing of Safety Intermediaries Outside the Province (No.[2006] 127 of Shaanxi Administration of Work Safety).
A safety evaluation institution that has obtained a Grade B qualification certificate may, in accordance with the business scope determined by the qualification certificate, engage in special temporary safety evaluation such as safety pre-evaluation and acceptance evaluation of construction projects with an investment scale of less than 200 million yuan within the administrative region of this province. Unless otherwise stipulated by the state, such provisions shall prevail.
Chapter II Conditions and Procedures for Obtaining Qualification Certificates
Article 6
The conditions and application procedures for safety evaluation institutions to apply for Grade A qualification certificates shall be implemented in accordance with the relevant provisions of state administration of work safety.
Article 7
A safety evaluation institution applying for Grade B qualification certificate shall meet the following conditions:
(1) Having the qualification of an independent legal person;
(2) Having a fixed place and office facilities suitable for its application business;
(3) The registered capital or start-up expenses are more than 6,543,800 yuan;
(4) Having a sound constitution, management system, work system and quality management system;
(five) there are more than eight full-time safety assessors who have obtained the qualification of national safety assessors and signed labor contracts according to law, at least two of whom have senior professional titles or registered safety engineer qualifications and have been engaged in safety work for more than 2 years; There shall be at least 2 full-time safety evaluation personnel in the basic specialty that is suitable for its declared business scope; If the declared business scope involves industries with high risks, there shall be no less than 3 full-time safety assessment personnel for basic specialties corresponding to them;
The definition of full-time evaluators for basic majors shall be implemented with reference to the relevant provisions of the State Administration of Work Safety;
(six) the legal representative of the safety evaluation institution shall obtain the corresponding qualification certificate through the training and examination organized by the training institution at or above the second level recognized by the State Administration of Work Safety, and have been engaged in safety work for more than 2 years;
(seven) the full-time technical person in charge of the safety evaluation institution shall have the qualification of safety evaluation personnel, have senior professional technical titles in engineering and safety evaluation work experience, and have been engaged in safety work for more than 3 years;
(8) Other conditions as prescribed by laws and administrative regulations.
Article 8
When applying for Grade B qualification certificate, a safety evaluation institution shall submit the following materials: (1) An application form for Grade B qualification of a safety evaluation institution;
(2) A copy of the original business license of the institution as a legal person;
(3) Safety evaluation process control document (quality management system);
(4) Relevant supporting materials:
1, copy of qualification certificate of safety appraiser, copy of relevant professional background materials (academic certificate, professional title certificate, etc. );
2 copies of legal documents proving the labor relations of the safety evaluation personnel; Proof of unemployment, medical care, pension and work-related injury insurance paid by the safety evaluation institution for employees (the institution may also issue proof materials of housing accumulation fund);
3, technical experts employment agreement copy;
4, technical experts resume and professional ability certificate copy;
5. Resume of technical director of safety evaluation;
6, the legal representative through the provisions of the training, examination, to obtain the corresponding qualifications of the copy of the material;
Article 9
The decision procedure of Grade B qualification examination of safety evaluation institutions is divided into three stages: acceptance of preliminary examination, acceptance of application and examination decision.
Article 10 The application for Grade B qualification certificate shall be handled according to the following procedures:
(1) After the applicant with Grade B qualification has passed the preliminary examination by the Municipal Administration of Work Safety, he/she shall submit the Application Form for Grade B Qualification of Safety Assessment Institutions and the relevant materials as stipulated in the present Measures to the Provincial Administration of Work Safety;
(two) the provincial safety supervision bureau shall, after reviewing the application materials, make a decision on whether or not to accept it;
(three) the provincial safety supervision bureau shall complete the material review, on-site verification and decision procedures within 20 working days from the date of accepting the application. Those who pass the examination shall be awarded qualification certificates and reported to state administration of work safety for the record; Unqualified, no qualification certificate shall be issued, and the reasons shall be explained in writing.
Eleventh qualification certificate is valid for 3 years. If the expiration of the qualification certificate needs to be extended, the safety evaluation institution shall apply to the original issuing authority for extension 3 months before the expiration of the validity period.
Article 12
If the qualification certificate is lost, it shall be declared invalid in the designated public media and apply to the original issuing authority for a replacement. Article 13
The institution that has obtained the qualification certificate of safety evaluation may apply for adjusting the evaluation scope if it needs to adjust the evaluation business scope in its work and meets the conditions stipulated in these Measures. To apply for adjusting the scope of Grade B qualification assessment, the following materials shall be submitted:
(1) Written application documents;
(two) the "application form for the adjustment of the evaluation business scope of the safety evaluation institution";
(three) other documents that prove that the conditions have changed after obtaining the qualification certificate;
(four) the work performance records of the safety evaluation institutions;
(five) the original and photocopy of the existing qualification certificate;
Article 14
A safety evaluation institution punished by the safety production supervision and management department may not apply for adjusting the evaluation scope or reapply for evaluation qualification within one year.
Article 15
In any of the following circumstances, the safety evaluation institution shall, within 30 days from the date of change, apply to the original qualification certificate issuing authority for change:
(1) The name of the institution is changed;
(two) the safety evaluation personnel have changed;
(3) Change of legal representative;
(four) other reasons need to be changed.
Article 16
When applying for the alteration formalities, the following materials shall be submitted:
(1) Written application documents;
(2) the name of the safety evaluation institution and the registration form of personnel change;
(3) The original and photocopy of the changed business license of the enterprise as a legal person;
(4) Other materials that need to be submitted.
Seventeenth safety evaluation institutions due to restructuring or division
The safety evaluation qualification of newly established safety evaluation institutions due to merger and other reasons shall be re-approved according to the actual situation and the provisions of these Measures.
Article 18
The same safety evaluation institution can only obtain the first-class safety evaluation qualification, and may not repeatedly declare the first-class and second-class safety evaluation qualifications.
Article 19
After obtaining Grade B safety evaluation qualification, you can apply for Grade A safety evaluation qualification according to business needs. After obtaining Grade A safety evaluation qualification, the original Grade B qualification certificate will be cancelled.
Article 20
The Grade B qualification certificate includes the original and the duplicate, which are uniformly produced by the Provincial Safety Supervision Bureau.
Article 21
The Provincial Administration of Work Safety shall regularly publish the list of safety evaluation institutions that have obtained Grade B qualification certificates, and immediately publish the changes of safety evaluation institutions and the list of institutions that have revoked their qualification certificates.
chapter three
Safety evaluation institutions and safety evaluation personnel
Article 22
Safety evaluation institutions shall, in accordance with relevant laws, regulations and evaluation standards, abide by professional norms and ethics, be honest and trustworthy, independently carry out safety evaluation according to law, truthfully reflect the evaluated safety matters, and bear legal responsibility for the safety evaluation results.
Article 23
Safety evaluation institutions must carry out evaluation business within the approved qualification scope and submit valid agency qualification certificates to the entrusting party. When undertaking a safety evaluation project, a safety evaluation contract shall be signed with the entrusting party according to law to clarify the rights and obligations of both parties. When signing the contract, the number of the evaluation qualification certificate must be marked.
Twenty-fourth safety evaluation institutions shall not forge, transfer or lend qualification certificates, and shall not subcontract safety evaluation projects.
Article 25
Safety assessment agencies shall collect safety assessment fees in accordance with the provisions of laws and administrative regulations. If there are no provisions in laws and administrative regulations, they shall be collected according to the guiding document standards of the national or provincial finance and price departments.
Twenty-sixth safety evaluation institutions and their safety evaluation personnel shall keep the technical secrets and business secrets of the evaluated units when engaging in safety evaluation activities.
Article 27
Safety evaluation institutions and their safety evaluation personnel shall consciously accept the supervision of safety supervision departments at all levels, and shall not refuse the supervision and inspection carried out by safety supervision departments at all levels and their staff according to law.
Article 28
Safety evaluation institutions and their safety evaluation personnel shall regularly fill in the safety evaluation performance record form and submit it to safety supervision departments at all levels according to regulations. The Provincial Administration of Work Safety conducts an annual review of safety evaluation institutions.
Twenty-ninth personnel with safety evaluation qualifications can only register and practice in an evaluation institution.
Chapter IV Supervision and Administration
Article 30
The provincial safety supervision bureau is responsible for the supervision and management of the safety evaluation institutions in the province, and is responsible for organizing the supervision and inspection of the safety evaluation institutions. Inspection includes daily inspection and regular inspection. During the inspection, it is found that the safety evaluation institution no longer meets the corresponding conditions or commits illegal acts, and it shall immediately suspend or cancel its safety evaluation qualification certificate.
The safety supervision departments of all districts and cities are responsible for the supervision and management of the evaluation institutions that carry out safety evaluation work within their respective jurisdictions.
Article 31
Safety supervision departments at all levels and their staff shall not designate production and business units to accept specific safety evaluation institutions to carry out safety evaluation work, shall not interfere with the normal activities of safety evaluation institutions, and shall not charge fees to safety evaluation institutions for any reason or in disguise.
Article 32
Safety supervision departments can strengthen the supervision and management of safety evaluation institutions by organizing peer review, soliciting the opinions of evaluated enterprises and conducting spot checks on evaluation reports, but they shall not participate in the business activities of safety evaluation institutions.
Thirty-third any unit or individual has the right to report the illegal acts of safety evaluation institutions to the safety supervision departments at all levels, and the safety supervision departments shall promptly investigate and deal with them and keep confidential the informants.
Article 34
Safety evaluation institutions and safety evaluation personnel, as well as the staff of safety supervision departments, who violate these measures, shall be punished in accordance with the provisions of laws, regulations and rules such as the Law on Work Safety, the Regulations on Work Safety in Shaanxi Province, the Provisions on the Administration of Safety Evaluation Institutions, and the Interim Provisions on the Punishment of Violations in the Field of Work Safety.