The Construction Departments of various provinces and autonomous regions, the Construction Commissions of municipalities directly under the central government, the Construction Management Bureaus of Jiangsu and Shandong provinces, and the Construction Bureau of Xinjiang Production and Construction Corps have issued the "Regulations on the Management of Special Construction Personnel" to you. Please implement them based on the actual situation in your region.
Ministry of Housing and Urban Rural Development of the People's Republic of China
April 18th, 2008
Chapter 1 General Provisions
Article 1: In order to strengthen the management of special operators in construction, prevent and reduce production safety accidents, this regulation is formulated in accordance with regulations such as the Regulations on Safety Production Permits and the Regulations on Safety Supervision and Management of Construction Cranes.
Article 2: The assessment, certification, employment, and supervision and management of special construction workers shall be governed by these regulations. The special construction workers referred to in these regulations refer to those who engage in activities that may cause significant harm to the safety of themselves, others, and surrounding equipment and facilities during the construction of houses and municipal engineering.
Article 3 Special construction operations include:
（1） Construction electrician;
（2） Building scaffolders;
（3） Construction crane signal engineer;
（4） Construction crane driver;
（5） Construction crane installation and dismantling worker;
（6） High altitude work basket installation and dismantling worker;
（7） Other special operations recognized by the competent construction department of the people's government at or above the provincial level.
Article 4: Special construction workers must pass the assessment of the competent construction department and obtain the operation qualification certificate for special construction workers (hereinafter referred to as the "qualification certificate") before they can take up the corresponding job.
Article 5: The competent construction department of the State Council is responsible for the supervision and management of special construction personnel nationwide. The competent construction departments of the people's governments of provinces, autonomous regions, and municipalities directly under the central government are responsible for the supervision and management of special construction personnel within their respective administrative regions.
Chapter 2 Assessment
Article 6: The assessment and certification work of special construction personnel shall be organized and implemented by the competent construction departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government or their entrusted assessment and certification institutions (hereinafter referred to as the "assessment and certification authorities").
Article 7: The assessment and certification authority shall announce the application conditions, application procedures, work time limits, fee basis and standards for special construction workers in the office premises. The assessment issuing authority shall publish the assessment subjects, assessment location, assessment time, and supervision phone number on the agency's website or news media before the assessment.
Article 8: Personnel applying for special construction operations shall meet the following basic conditions:
（1） At least 18 years old and meeting the age requirements specified for the relevant type of work;
（2） Having passed the medical examination in the hospital and without any diseases or physiological defects that hinder the corresponding special operations;
（3） Junior high school or above education;
（4） Other conditions that meet the requirements of corresponding special operations.
Article 9 A person who meets the provisions of Article 8 of these Provisions shall apply to the examination and certificate issuing authority in the place where his registered residence registration or employment is located, and submit relevant certification materials.
Article 10: The assessment and certification authority shall make a decision on acceptance or non acceptance in accordance with the law within 5 working days from the date of receiving the application materials submitted by the applicant. For accepted applications, the assessment and certification authority shall promptly issue the admission ticket to the applicant.
Article 11: The assessment content of special construction personnel shall include safety technology theory and practical operations. The assessment outline shall be formulated by the competent construction department of the State Council.
Article 12: The assessment and certification authority shall announce the assessment results within 10 working days from the end of the assessment.
Article 13: For those who pass the assessment, the certification authority shall issue a qualification certificate within 10 working days from the date of publication of the assessment results; For those who fail the assessment, the applicant should be notified and reasons explained.
Article 14: The qualification certificate shall adopt the unified format stipulated by the competent construction department of the State Council, and shall be issued after being numbered by the assessment and certification authority. The qualification certificate is widely used nationwide. The format of the qualification certificate is shown in Attachment 1, and the numbering rules are shown in Attachment 2.
Chapter 3 Employment
Article 15 Personnel holding qualification certificates shall be employed by construction enterprises or rental units of construction lifting machinery (hereinafter referred to as employers) before engaging in corresponding special operations.
Article 16: Employers shall arrange for at least 3 months of internship for personnel who have obtained their qualification certificates for the first time before their formal employment.
Article 17: Special construction workers shall strictly follow safety technical standards, specifications, and procedures, correctly wear and use safety protective equipment, and maintain and maintain work tools and equipment in accordance with regulations. Special construction workers shall participate in annual safety education and training or continuing education, which shall not be less than 24 hours per year.
Article 18: In the event of an emergency situation that endangers personal safety during construction, special construction workers have the right to immediately stop the operation or evacuate the hazardous area, and report to the full-time safety production management personnel and project leader at the construction site.
Article 19 Employers shall fulfill the following responsibilities:
（1） Sign labor contracts with special operation personnel holding valid qualification certificates;
（2） Develop and implement the safety operation regulations and relevant safety management systems for special operations in the unit;
（3） Inform special operators in writing of the hazards of illegal operations;
（4） Provide complete and qualified safety protective equipment and safe working conditions for special operations personnel;
（5） Organize special operation personnel to participate in annual safety education training or continuing education according to regulations, and the training time shall not be less than 24 hours;
（6） Establish a management file for special operation personnel in the unit;
（7） Investigate and record violations by special operation personnel;
（8） Other responsibilities clearly defined by laws, regulations and relevant regulations.
Article 20: No unit or individual shall illegally alter, resell, lease, lend or transfer the qualification certificate in any other form.
Article 21: Any unit or individual shall not illegally seize their qualification certificate for any reason when a construction special operation personnel changes their work unit.
Chapter 4 Delay Review
Article 22: The validity period of the qualification certificate is two years. If the validity period needs to be extended, construction special operation personnel shall apply to the original assessment and certification authority for extension review procedures within 3 months before the expiration. For those who pass the delayed review, the validity period of the qualification certificate shall be extended by 2 years.
Article 23: Special construction workers who apply for extension of review shall submit the following materials:
（1） ID card (original and photocopy);
（2） Medical examination certificate;
（3） Annual safety education and training certificate or continuing education certificate;
（4） Records of special operation personnel management files issued by the employer;
（5） Other materials required to be submitted by the certification authority for assessment.
Article 24: During the validity period of the qualification certificate, if any of the following circumstances occur for special construction personnel, the delayed review result shall be deemed as unqualified:
（1） Exceeding the age requirements specified for relevant types of work;
（2） Those whose physical health is no longer suitable for the corresponding special job position;
（3） Responsible for production safety accidents;
（4） Having a record of three or more illegal operations within two years;
（5） Failure to participate in annual safety education and training or continuing education as required;
（6） Other situations specified by the certification authority for assessment.
Article 25: After receiving the extension review materials submitted by construction special operators, the assessment and certification authority shall handle them separately according to the following situations:
（1） For cases falling under one of the circumstances specified in Article 24 of these regulations, a decision not to extend the review shall be made within 5 working days from the date of receiving the extension review materials, and the reasons shall be explained;
（2） For those who submit complete materials and do not fall under Article 24 of these regulations, the procedures for granting extension review shall be completed within 10 working days from the date of acceptance, and the certificate shall indicate that the extension review is qualified and be stamped with a special seal for extension review.
Article 26: The assessment and certification authority shall make a decision in accordance with Article 25 of these regulations before the expiration of the qualification certificate; If a decision is not made within the deadline, it shall be deemed as qualified for the delayed review.
Chapter 5 Supervision and Management
Article 27: The assessment and certification authority shall establish a management system for the assessment and certification of special construction personnel, and establish a file of special construction personnel in the local area. The competent construction department of the local people's government at or above the county level shall supervise and inspect the professional activities of special construction workers, investigate and punish illegal operations, and record them on file.
Article 28: The assessment and certification authority shall submit annual statistical information on the assessment, certification, and extension review of special construction personnel to the competent construction department of the State Council at the end of each year.
Article 29: In any of the following circumstances, the assessment and certification authority shall revoke the qualification certificate:
（1） The holder of the certificate fraudulently obtains the qualification certificate or handles the procedures for postponing the review;
（2） Assessing the staff of the issuing authority for illegally issuing qualification certificates;
（3） Other situations where the certification authority stipulates that the qualification certificate should be revoked.
Article 30: In any of the following circumstances, the assessment and certification authority shall cancel the qualification certificate:
（1） Not allowed to be postponed in accordance with the law;
（2） The holder fails to apply for an extension of review procedures within the prescribed time limit;
（3） The holder dies or does not have full civil capacity;
（4） Other situations that should be cancelled according to the regulations of the assessment and certification authority.
Chapter 6 Supplementary Provisions
Article 31 The competent construction departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in light of the actual conditions of their respective regions, formulate rules for implementation and report them to the competent construction department under the State Council for the record.
Article 32: These measures shall come into effect as of June 1, 2008.