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Recently, the Shanghai government issued a notice to make public the amendments to Shanghai Measures for Safety Management of Hazardous Chemicals (hereinafter referred to as the Shanghai Measures). The amendments were adopted on June 12 and came into force on June 15, 2023.
Background
The last revision of Shanghai Measures was published in September 2016 and took effect on January 1, 2017. During these years, new situations and issues arising from economic and social development have posed new requirements for improving the management of hazardous chemicals. Shanghai Measures should be amended to keep pace with new provisions imposed by relevant laws and regulations at the state level. Besides, to be consistent with the names and functions of China’s administrative authorities after the 2018 reform, Shanghai Measures also require corresponding adjustments. Given these situations, the Shanghai government released the amendments on June 15, 2023, which took effect immediately.
Screenshot of the government circular
Major amendments
Regarding the transport ban on hazardous chemicals
Delete the summer road transportation ban (previous Article 41 Paragraph 1 and Paragraph 3).
The ban on road transportation of flammable and explosive chemicals from June 15 to October 15 every year, between 10:00 a.m. and 4:00 p.m., is repealed.
Note: Shanghai imposed such a ban in 2006, however, the other three provinces within the Yangtze River Delta region (i.e., Jiangsu, Zhejiang, and Anhui) didn’t impose any ban like this. In order to avoid vehicles carrying hazardous chemicals being stranded at inter-provincial checkpoints during the transportation ban period, it is necessary to unify the prohibited and restricted areas and time periods for the transportation of dangerous goods in Shanghai and these three provinces. Accordingly, the corresponding embargo measures in Shanghai Measures should be amended.
Revise the provisions on prohibited areas for water transportation (Article 45 Paragraph 1).
As per the Yangtze River Protection Law commenced in March 2021, the transportation of highly toxic chemicals, as well as the transportation of other hazardous chemicals forbidden to be transported by inland waterways, is prohibited in the Yangtze River Basin. This provision is prescribed in the amendments this time, targeting the area of the Yangtze River Basin in Shanghai, not only the Huangpu River.
Regarding information sharing of hazardous chemicals
Revise the provisions on sharing whole-process supervision information of hazardous chemicals (Article 54).
According to Shanghai Regulation on Work Safety revised in 2021, Shanghai has established the Shanghai’s whole-process supervision system of hazardous chemicals, replacing the interaction platform of hazardous chemical supervision information stipulated in the Shanghai Measures. The amended Article 54 of Shanghai Measures requires relevant authorities in Shanghai to enter and share the corresponding information via the whole-process supervision system, including information on the production, operation, storage, use, transportation and disposal of hazardous chemicals obtained in daily supervision.
Regarding the safe production liability insurance
Revise provisions on safe production (Article 71).
According to the Work Safety Law and Shanghai Regulations on Work Safety revised in 2021, the amended Article 71 of Shanghai Measures requires enterprises handling hazardous chemicals to purchase safety production liability insurance instead of risk deposit, in accordance with the relevant regulations of the State and Shanghai’s local regulations.
The official document can be accessed here.
