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On 23 March 2018, the Ministry of Emergency Management was established and its official website went into service. MEM will be responsible for not only emergency management and work safety, but also regulations on hazardous chemicals.
The current State Administration of Work Safety (SAWS) is dismantled and its full responsibility is transferred to MEM. Hazardous chemical regulations that were previously managed by SAWS will now be controlled by MEM, such as:
SAWS Order 53 - The measures for the administration of registration of hazardous chemicals (e-translation)
SAWS Order 60- The Measures for The Administration of Physical Hazard Identification and Classification of Chemicals. (e-translation)
SAWS Order 41- Measures for Implementation of Work Safety Licenses of Hazardous Chemical Production Enterprises
SAWS Order 55- Measures for the Administration of Operating Licenses for Hazardous Chemicals
SAWS Order 57- Measures for the Implementation of the Permits for the Safe Use of Hazardous Chemicals
…
MEM will also take over SAWS’ responsibility for part of the state laws on hazardous chemicals. For example:
Part of State Council decree 591- Regulations on Safe Management of Hazardous Chemicals (chempedia).
Part of State Council decree 445- Regulations on the Administration of Precursor Chemicals (search it in chemlinked database).
MEM will further promote development of hazardous chemical regulations. As is mentioned in the 13th Five-year Plan for Work Safety (from 2016 to 2020), the focus of work safety law amendment lies in “promoting Hazardous Chemicals Safety Law, Implementation of Safety Work Law, emergency measures for work safety accidents…etc.”. On Sep 21th, 2017, SAWS released a draft of Hazardous Chemicals Safety Law for public feedback. Apart from administrative laws, regulations and standards, this law would be the first law regulating hazardous chemicals, and represents a major milestone in hazardous chemical governance in China.
In the plan for Legislation Project of 2018, SAWS will draft a Workplace Safety Law and submit it to the NPC Standing Committee for endorsement. SAWS will also draw up another two regulations: Implementation Rules of Workplace Safety Law, and Emergency Plans for Workplace Safety Law. Noticeably, the Hazardous Chemicals Safety Law is not mentioned in the plan. Hence it might take few years before the law is published.
Overall, MEM has taken full responsibility of SAWS and merged part of responsibilities from other 12 departments: General Office of The State Council, Ministry of Public Security, Ministry of Civil Affairs, Ministry of Land And Resources, Ministry of Water Resources, Ministry of Agriculture, State Forestry Administration, China Earthquake Administration, State Flood Control and Drought Relief Headquarters, National Committee for Disaster Reduction, State Council Earthquake Relief Headquarters, National Forest Fire Prevention Headquarters. Moreover, MEM will administer China Earthquake Administration and State Administration of Coal Mine Safety.
Due to the large scale of reform, it might take few months for MEM to define its specific functions. However, the reform will not affect legal compliance with current laws and regulations of hazardous chemicals.
