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[Interpretation of the Special Equipment Safety Law] Article 4

2020-12-30View Original

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This article specifies the regulatory framework for ensuring safety in the production, operation, and use of special equipment. I. Classification and Safety Supervision Management of Special Equipment (1) Classified supervision involves adopting different supervision systems and measures based on the inherent characteristics of special equipment as well as their varying levels of usage risk. For example, based on the characteristics of special equipment, a licensing system for design agencies is implemented for pressure vessels and pressure pipelines, while a review system for design documents is adopted for boilers and large-scale amusement facilities. For another example, based on regulatory capacity, a targeted form of regulation can be adopted. This approach to regulation has varied across different historical periods, and it serves as a focus for supervision and rectification. Just as with a device’s hazard characteristics, the focus of regulation varies depending on the location where it is used, as this affects the potential hazards resulting from accidents. For the same type of equipment in the same location, the supervision methods vary depending on the duration of use. For example, before the 1980s, the main reason for the frequent accidents involving boilers and pressure vessels in our country was problems with design and manufacturing quality. Through the licensing of design and manufacturing qualifications as well as product supervision and inspection, the problem of shoddy product production has been eliminated, and the serious situation of accidents caused by product quality has improved. In recent years, the usage phase has been the main area where accidents occur; therefore, it is essential to take targeted measures and implement classified supervision based on accident risks, taking different situations into account. (II) Classified supervision reflects the principle of scientific supervision. In addition to addressing different performance requirements, it is also a regulatory model designed in response to the surge in the number of special equipment and limited oversight. Our country has only a little over 30,000 professionals dedicated to regulation. How to use limited administrative resources to focus on key areas and identify the special equipment that requires heightened supervision is the principle of classified supervision established by the Special Equipment Safety Law. This principle entails focusing supervision on special equipment in places with high population densities and large crowds, such as stations, shopping malls, and schools, and carrying out necessary inspections, tests, and evaluations to ensure safety. Next, the regulatory authorities for special equipment will further study and implement a system for classified supervision of such equipment, aiming to define categories clearly and focus on the key aspects. The supervision and management of pressure-bearing equipment and mechanical and electrical equipment among the eight major categories of equipment are carried out with different focuses, as efforts continue to be made to develop new measures and methods for classified supervision and targeted oversight of equipment, entities, and regions. II. Comprehensive safety supervision and management of special equipment: Firstly, comprehensive safety supervision and management of special equipment involves, from a macro perspective, a multi-faceted approach in which enterprises assume primary responsibility for safety, fulfill their duties in terms of safety supervision, and society plays a role in oversight. It is the duty of the quality inspection system to ensure the safety of special equipment; it must make full use of the overall advantages of its functions to guarantee the quality and safety of such equipment. At the same time, ensuring the safety of special equipment relies on the strong leadership and coordinated efforts of authorities at all levels, as well as the substantial support and cooperation of relevant departments. To ensure the safety of special equipment, it is also necessary to make full use of the role of public supervision. Secondly, from a micro perspective, the safety of special equipment involves production, operation, use, and inspection and testing; therefore, supervision and management must be implemented over all the key aspects related to safety. It mainly covers all aspects related to safety, including the design, manufacturing, installation, operation, use, inspection, repair, and modification of special equipment. Implementing comprehensive supervision and management throughout the process is an effective means to ensure equipment safety. For example, accidents involving boiler and pressure vessels often occur during use, and their causes are related to all aspects of the process. Since the safety issues related to boiler and pressure vessels involve multiple factors, the various aspects are interconnected and influence one another. During design and manufacturing, it is necessary to consider not only the safety requirements of the equipment itself but also those related to installation, use, inspection, and other aspects. A correct analysis of an accident can also lead to improvements in the work at various stages, and this serves as the foundation for establishing and improving relevant safety regulations and standards. From numerous accident lessons and the experience of foreign industries**, it can be concluded that to effectively prevent accidents, strict management must be implemented at every stage of special equipment. Implementing supervision throughout the entire process is a general and fundamental principle for managing special equipment, which implies two aspects. First, although accidents involving special equipment generally occur during their use phase, the causes of such accidents are related to various stages including production; therefore, the entire process from production, through use, to disposal must be under supervision. Only by implementing strict supervision at every stage of special equipment, that is, full-process supervision, can accidents be effectively prevented. Secondly, it advocates that one department be responsible for overseeing a particular piece of equipment, so as to ensure unified oversight of systems, management, and responsibilities throughout the entire process. The emphasis is on establishing supervision systems and methods for all aspects related to the safety of special equipment, and ensuring that there is someone accountable for their implementation. Full-process supervision does not mean that every activity in every stage is carried out by the supervision and management authorities. Furthermore, as the social integrity system improves, and as production and usage entities gain a stronger awareness of compliance with laws as well as better technical capabilities, some special equipment may no longer be under direct supervision by regulatory authorities; instead, the enterprises themselves are responsible for their oversight, and this oversight is also dynamic in nature. However, this does not mean that **there are no requirements or regulations, and no responsible parties.

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