《Construction Engineering Compliance Manual》——Safety production (Part 1)

Due to the market chaos in the field of construction engineering, the construction process is complicated, the period is long, the mobility of workers is large, and the risk is greater in the construction process, resulting in the construction industry is an industry with a high incidence of safety accidents, so the safety production of construction projects has always been the focus of government supervision and enterprise concern. This paper selects eight topics from the safety production of construction projects for analysis, hoping to alert the participants of construction projects in terms of safety compliance. This article is selected from Dehe Shanghai Construction Engineering and Infrastructure Business Committee “Construction Engineering Compliance Manual”, slightly adjusted, limited in length, divided into two parts to share with you.

01、Dangerous project construction plan

(I) Concept and compliance objectives

According to the definition of the “Safety Management Measures for Hazardous sub-division Projects” issued by the Ministry of Housing and Urban-Rural Development, hazardous sub-division projects (hereinafter referred to as “hazardous projects”) refer to sub-division sub-projects that exist in the construction process and may lead to death and injury of operators or cause major adverse social impacts. The construction unit shall organize engineering technicians to prepare special construction plans before the construction of hazardous projects. Where a dangerous project is involved, it must first have a plan before it can be constructed. Implement in accordance with the requirements of laws, regulations and technical standards to prevent production safety accidents.

(2) Common forms of legal risk expression

1. Construction unit: no list of dangerous projects; Failure to pay the costs associated with the hazardous project.

2. Investigation unit: failed to explain the engineering risks caused by geological conditions.

3. Design unit: does not indicate the key parts and links involved in dangerous projects, and safeguard measures.

4. Construction unit: no special construction plan has been prepared; For dangerous projects exceeding a certain scale, organize experts to demonstrate; Failure to disclose; The construction was not organized according to the special construction plan.

5. Supervision unit: no supervision implementation rules; If it is found that the construction has not been carried out in accordance with the special construction scheme, no effective measures have been taken.

6. Construction unit and supervision unit: not organized acceptance.

(3) Adverse consequences

If the above acts are illegal, a fine shall be imposed according to law; If the circumstances are serious, it shall be ordered to suspend business for rectification, reduce its qualification level, or even revoke its qualification certificate; If a major safety accident is caused and a crime is constituted, the persons directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; If any loss is caused, it shall be liable for compensation according to law.

Involving dangerous and major projects in violation of the law will cause serious accident hazards. Those who violate the criminal law shall be investigated for criminal responsibility, and shall not be exempted from civil liability for compensation. In addition, be ordered by the relevant competent authorities to stop rectification, the construction period is not delayed, will lead to the construction unit due to breach of contract, the construction unit will claim huge claims.

(4) Typical cases

On November 24, 2016, a particularly major accident occurred in the cooling tower construction platform collapse of the third phase expansion project of Fengcheng Power Plant in Jiangxi, resulting in 73 deaths and 2 injuries, and direct economic losses of more than 100 million yuan. The direct cause of the accident is that the construction unit illegally dismantled the formwork in the case of insufficient concrete strength on the 50th section wall of the cooling tower, resulting in the loss of support of the concrete, which is not enough to withstand the upper load, thus collapsing. According to the investigation of the accident, there are serious defects in the construction plan of the drum wall engineering, and no specific management and control measures have been formulated for the demolishing operation. The construction unit does not define the cylinder wall engineering as a dangerous project according to the regulations. After the accident, the judicial authorities took criminal compulsory measures against 31 people, suspected of major responsibility accidents, production and sales of shoddy products, suspected of dereliction of duty, embezzlement, bribery, bribery and abuse of power. Administrative penalties were given to the five companies involved in the accident and the person in charge of violations of laws and regulations. In April 2020, 28 people were sentenced.

(5) Compliance suggestions

1. Special construction plan

The construction unit shall organize the construction in strict accordance with the special construction plan, and shall not modify the special construction plan without authorization, otherwise the meaning of the special project will be lost.

2. Preparation body

Where general contracting for construction is implemented, the special construction plan shall be organized by the general contracting unit for construction. Where dangerous major projects are subcontracted, special construction plans may be prepared by relevant specialized subcontracting units. In principle, the general contractor shall prepare the special construction plan, because the general contractor has the responsibility to perform the overall safety production management of the construction site. However, the sub-projects involving some professional subcontracting can be prepared by professional subcontracting units, which is more suitable for operation, reflecting the logic of who constructs who prepares special construction schemes, such as the construction of building curtain wall installation projects with a height of 50m and above.

3. Approval process

If a dangerous project is subcontracted and a special construction plan is prepared by the subcontractor, the special construction plan shall be reviewed and signed jointly by the technical person in charge of the general contractor and the technical person in charge of the subcontractor and stamped with the official seal of the unit. Embodied in two principles:

(1) The general contractor and subcontractor shall bear joint and several liability. Article 24 of the Regulations on the Administration of Construction Project Safety Production: “... Where a general contractor subcontracts a construction project to another unit in accordance with the law, the subcontract shall specify their respective rights and obligations in respect of production safety. The general contractor and the subcontractor shall be jointly and severally liable for the safety of the subcontracted project.”

(2) Signature of the technical leader plus the official seal of the unit. The former reflects that the auditor's responsibility is implemented to the person, and the latter shows that this is the duty behavior. According to the Regulations on the Administration of Safe Production of Construction projects, if the construction unit fails to prepare a special construction plan, the unit and the responsible person shall bear legal responsibility respectively. Signature and seal, lock the above responsible subject.

4. Expert argumentation

For dangerous projects exceeding a certain scale, the construction unit shall organize an expert demonstration meeting to demonstrate the special construction plan. If the general contracting of construction is implemented, the general contracting unit of construction shall organize an expert demonstration meeting. Before the expert demonstration, the special construction plan shall pass the audit of the construction unit and the review of the chief supervision engineer. The special construction plan can only be verified by experts after the self-examination of the construction unit and the approval of the chief supervision engineer.

After the expert demonstration, a demonstration report shall be formed, and a consensus on the adoption, modification or rejection of the special construction plan shall be proposed. The expert is responsible for the demonstration report and signs it for confirmation.

The expert's argumentative opinion must be clearly defined as one of three conclusions, which cannot be ambiguous: yes, yes after modification, or no.

If the special construction plan needs to be revised after demonstration, the construction unit shall revise and improve the demonstration report, and re-perform the procedures of self-examination and chief supervision engineer review. At this time, there is no need to go through the expert demonstration, because there are already opinions that need to be modified, and the construction unit self-audit and the chief supervision engineer bear the responsibility for the modification of the special construction plan. If the special construction plan is not approved after demonstration, the construction unit shall reorganize the expert demonstration in accordance with the prescribed requirements after modification.

Re-operate in accordance with the procedures of self-examination by the construction unit and expert demonstration after the chief supervision engineer passes.

5. Confide

Before the implementation of the special construction plan, the preparation personnel or the project technical person in charge shall disclose the plan to the construction site management personnel. The construction site management personnel shall disclose the safety technology to the operators, and it shall be jointly signed by both parties and the full-time safety production management personnel of the project.

How does the plan on paper work in practice? Must be signed by the on-site implementer. There are two levels here. One is that the program preparers or project technical leaders communicate to the project site managers; The second is that the project management staff communicates to the front-line operators, and the project safety staff supervises.

6. Strictly implement the special construction plan

The construction unit shall organize the construction in strict accordance with the special construction plan and shall not modify the special construction plan without authorization. If adjustment is necessary due to planning adjustment, design change and other reasons, the revised special construction scheme shall be re-examined and demonstrated in accordance with these provisions.

It must be strictly implemented without discount, otherwise the formulation of special construction plans for dangerous projects will lose significance. The revised scheme is the new scheme and the approval procedure shall be followed again. Any new scheme without approval shall be deemed invalid and shall bear legal liability according to the absence of any scheme

7. Dangerous project acceptance personnel

It shall include the technical person in charge of the general contracting unit and the subcontracting unit or the professional and technical personnel authorized to be assigned, the project person in charge, the project technical person in charge, the special construction plan preparation personnel, the project full-time safety production management personnel and related personnel; Supervision unit project chief supervision engineer and professional supervision engineer; Project technical person in charge of relevant survey, design and monitoring units.

02、Security technology disclosure

(I) Concept and compliance objectives

Before the construction of a construction project, the technical personnel responsible for project management of the construction unit shall make detailed explanations of the technical requirements for safe construction to the construction team and operators, and the two parties shall sign for confirmation.

(2) Common forms of legal risk expression

1. The safety technology has not been disclosed before the construction of the sub-project;

2. The informant is a safety officer of the project department;

3. Disclosure content applies template, without pertinence;

4. Failure to perform signature procedures.

(3) Adverse consequences

According to Article 64 of the Regulations on the Administration of Safe Production of Construction Projects, where the technical requirements related to safe construction are not explained in detail before construction, the construction unit shall be ordered to make corrections within a time limit; Those who fail to make corrections within the time limit shall be ordered to suspend business for rectification and be fined not less than 50,000 yuan but not more than 100,000 yuan; If a major safety accident is caused and a crime is constituted, the persons directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law. The punishment shall not be lax: if rectification is ordered for the first time, the construction shall be stopped and a fine shall be imposed. If an accident occurs due to failure to fulfill the obligation of disclosure and constitutes a crime, criminal responsibility shall be investigated.

(4) Compliance suggestions

1. The informant and the betrayed

The purpose of disclosure is to inform the front-line operators of the safety technical requirements on the drawings and construction plans. For example, when the construction needs to remove the side handrail, temporary protective measures need to be taken to ensure construction safety. So the informant is a technician, and the informant is an operator. Do a good job of safety technical requirements can be implemented.

2. Be specific

Disclosure should be in line with the actual site construction, a non-targeted disclosure, no substantive significance. For example, the safety technology disclosure content of an attached lifting scaffold is the safety technical measures of the cantilever scaffold, which is enough to show that the disclosure is perfunctory, Zhang Guanli Dai, and the effect of disclosure is not achieved.

3. Written form and signature

The disclosure of safety technology can prove whether the construction unit has performed its legal duties, and when a production safety accident occurs, it is one of the important bases for whether the construction unit bears the responsibility for the accident. Therefore, the law requires that it be in writing and signed by both the informant and the person to whom it is communicated. This is not only a legal obligation, but also a written form to leave traces, otherwise the occurrence of illegal acts or safety accidents will bear the corresponding legal responsibility.

03, safety facilities acceptance

(I) Concept and compliance objectives

Before the construction unit uses the construction lifting machinery and the overall lifting scaffold, formwork and other jack-up erection facilities, it shall organize the relevant units to carry out acceptance inspection, and may also entrust the corresponding qualified inspection and testing institutions to carry out acceptance inspection; If the leased machinery and equipment, construction machinery and accessories are used, the general construction contractor, subcontractor, rental unit and installation unit shall jointly conduct inspection and acceptance, and only those who pass the inspection and acceptance can use them.

The construction lifting machinery stipulated in the Regulations on Safety Supervision of Special Equipment shall pass the supervision and inspection by the corresponding qualified inspection and testing institutions before acceptance.

(2) Common forms of legal risk expression

1. Safety facilities have not been checked before use;

2. The acceptance basis is not clear;

3. Acceptance fails to form written materials as required.

(3) Adverse consequences

It shall not be put into use without passing the acceptance inspection. According to Article 65 of the Regulations on the Administration of Safe Production of Construction Projects, a construction unit that violates the provisions of these Regulations and commits one of the following acts shall be ordered to make corrections within a time limit; Those who fail to make corrections within the time limit shall be ordered to suspend business for rectification and be fined not less than 100,000 yuan but not more than 300,000 yuan; If the circumstances are serious, the qualification level shall be lowered or the qualification certificate shall be revoked; If a major safety accident is caused and a crime is constituted, the persons directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; If losses are caused, the party shall be liable for compensation according to law:

Safety protective appliances, machinery and equipment, construction tools and accessories are put into use without inspection or fail to pass inspection before entering the construction site;

Using lifting machinery for construction, overall lifting scaffolding, formwork and other jack-up erection facilities that have not been checked or have failed to pass the check;

(4) Compliance suggestions

1. Safety facilities that need to be inspected

According to relevant laws and regulations, technical specifications and standards, all kinds of scaffolds, formwork supports, height operations, construction electricity, material elevators, tower cranes, lifting, construction machinery and tools need to be accepted.

2. Acceptance time

Acceptance is for safe use, so in principle, acceptance must be passed before use. There are also some special cases, taking scaffolding as an example, according to article 6.0.4 of the “General Specification for Construction Scaffolding GB55023-2022”, the scaffolding should be inspected in the following stages during the construction process, and can be used after passing the inspection; Unqualified should be rectified, rectification can be used only after qualified:

After the foundation is completed and before the scaffolding is erected;

After the first level pole is set up;

Work scaffold each set up a floor height.

The above can be understood as the acceptance of the scaffold segment, so as to find the problem in time and adjust it in time, so as not to have safety problems leading to the new construction of all the frame weight, causing safety hazards and unnecessary economic losses.

3、Acceptance criteria

The main basis for laws and regulations, technical specifications and national standards, industry standards. We still take the “General Specification for Construction Scaffolding GB55023-2022” as an example, and the acceptance standard is all the provisions of the “Specification”, including general provisions, basic provisions, materials and components, design, installation, use and demolition, and inspection and acceptance. It is very specific and comprehensive, and because all the provisions of the specification are mandatory provisions, they must be strictly implemented, otherwise they will bear legal responsibility. If the construction plan has higher technical requirements, it shall be accepted according to the construction plan.

04、Impact of construction on adjacent buildings

(I) Concept and compliance objectives

The construction unit shall take special protective measures for the adjacent buildings, structures and underground pipelines that may be damaged due to the construction of the construction project, so as to ensure safety.

(2) Common forms of legal risk expression

The construction unit shall provide the construction unit with data of underground pipelines, such as water supply, drainage, power supply, gas supply, heating, communication, radio and television, meteorological and hydrological observation data, and relevant data of adjacent buildings and structures and underground engineering, if not provided.

The construction unit shall, 15 days before the construction of the demolition project, submit to the construction administrative department of the local people's government at or above the county level or other relevant departments the instructions on the buildings and structures to be demolished and the instructions that may endanger adjacent buildings to the construction administrative department or other relevant departments where the construction project is located for the record.

The construction unit shall take special protective measures for the adjacent buildings, structures and underground pipelines that may be damaged due to the construction of the construction project.

(3) Adverse consequences

It involves administrative, criminal and civil liability.

Article 64 A construction unit that violates the provisions of these Regulations and commits any of the following acts shall be ordered to make corrections within a time limit; Those who fail to make corrections within the time limit shall be ordered to suspend business for rectification and be fined not less than 50,000 yuan but not more than 100,000 yuan; If a major safety accident is caused and constitutes a crime, the person directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law:

4. The temporarily constructed buildings on the construction site do not meet the requirements for safe use;

5. Failing to take special protective measures for adjacent buildings, structures and underground pipelines that may be damaged due to the construction of the construction project;

Where a construction unit commits an act in item 4 or Item 5 of the preceding paragraph and causes losses, it shall be liable for compensation according to law.

(4) Typical cases

The distance between the red line of a large construction site and residential buildings is very close, and the pile foundation project is completed at present, waiting for the construction permit of the lower part of the project. During the construction of pile foundation, the construction caused uneven settlement of residential buildings and cracks in the walls. Residents complained to the government, demanding that construction be stopped, plans be revised, and the spacing between buildings be widened. The case is currently being handled. According to the analysis, if it is true that the construction leads to the safety of residential buildings, the responsible party will bear the corresponding legal responsibility, but not the project has been issued a construction permit on the grounds of exemption. From the perspective of the construction unit, the pile foundation project has valid construction license and the construction behavior is legal. However, in the construction process (including subsequent), due to the close distance, may cause damage to adjacent buildings, should take effective special protective measures.

(5) Compliance suggestions

It is necessary to hold a legal and valid construction license, prepare a special construction plan and be approved before construction, and strictly implement the plan. In the construction plan, special protective measures shall be taken for the adjacent buildings, structures and underground pipelines that may be damaged due to the construction of the construction project. According to Article 5.4.5 (mandatory provision) of the Technical Code for Construction Safety of Deep Foundation Pit Engineering JGJ311-2013, the deformation detection of foundation pit engineering should be strengthened during the construction process. Once the data exceeds the alarm value, or there are signs of instability and damage of foundation pit, surrounding construction (structure) and pipeline, the construction operation should be stopped immediately and personnel should be evacuated. Construction can be resumed only after the danger is eliminated.