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[Interpretation of the Special Equipment Safety Law] Article 12

2021-01-07View Original

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Article 12: Any entity or individual has the right to report any illegal acts related to the safety of special equipment to the departments responsible for the supervision and management of such equipment, as well as to other relevant departments. The departments that receive these reports shall handle them promptly. Interpretation of the provisions: This clause specifies that the departments responsible for the safety supervision and management of special equipment, along with relevant departments, have the duty to accept and handle reports related to the safety of such equipment. 1. Any entity or individual has the right to report any acts that violate the provisions of these regulations to the special equipment safety supervision and management department and relevant authorities ; The production, operation, and use of special equipment involve various industries, and the safety of such equipment is directly related to the vital interests of the general public. To ensure proper safety measures for special equipment, it is not only necessary for the entities responsible for its production, operation, and use, as well as the agencies tasked with supervising its safety, to fulfill their obligations in accordance with the law and carry out their duties diligently, but it also requires the active participation of the general public, enterprises and institutions, as well as various organizations and associations, so that the enthusiasm of the entire society can be fully utilized. Given the large number of entities involved in the production, operation, and use of special equipment, as well as the significant variations in their operational conditions and safety management levels, it is difficult for the **special equipment safety supervision and management departments to carry out effective supervision on their own. Only by establishing a comprehensive and effective supervision mechanism, by mobilizing the enthusiasm of both organizations and individuals, and by placing the safety of special equipment under the oversight of the entire society, through collective effort and joint prevention and control, can we truly ensure the safety of such equipment. Therefore, this provision establishes the right of organizations and individuals to report illegal acts related to the safety of special equipment, which holds great practical significance. Acts in violation of this Law include those committed by entities engaged in the production, operation, and use of special equipment and their relevant personnel, as well as those committed by organizations such as inspection and testing agencies, and **relevant departments and their staff. In practice, special attention should be paid to reports from relevant managers, inspectors, and operators within the units responsible for the production and use of special equipment. These people are on the front line of production management and work sites, and they have the best understanding of the safety conditions of the special equipment in their units; their reports are of great value. At the same time, attention should also be paid to reports from other organizations and individuals. They usually have no direct financial interest in the entity that has been reported on, which makes them more objective and enables them to provide some important clues. The reports submitted must be true; false reports, malicious accusations, or attempts to frame relevant organizations and individuals are not permitted. However, in practice, special attention must be paid to the differences between misreporting and false reporting, as well as slander and framing, to avoid misjudgment. II. The departments responsible for the safety supervision and management of special equipment shall establish a system for reporting violations related to the safety of such equipment, by making available phone numbers, mailboxes, or email addresses to ensure smooth channels for reporting. These departments shall accept reports of illegal activities in the production, use, and inspection of special equipment, and handle them promptly ; III. In order to protect whistleblowers and prevent them from suffering retaliation or ** from the persons whose violations are reported, the departments responsible for the supervision and management of special equipment safety and relevant authorities shall keep the identities of whistleblowers confidential and award them rewards in accordance with ** relevant regulations.

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