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【Interpretation of the Special Equipment Safety Law】Chapter 2, Section 1, Article 13

2021-01-08View Original

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Chapter 2: Production, Operation, and Use. This chapter contains regulations regarding the production, operation, and use of special equipment, with a total of 37 articles. This chapter specifies the obligations that production units, operating units, and user units shall fulfill ; It stipulates the licensing requirements for the production of special equipment, mobile pressure vessels, and gas cylinder filling ; The factory documents for special equipment have been specified ; The obligation to notify of the installation of special equipment was proposed ; Clarified the relationship between elevator manufacturers and units responsible for installation, modification, and maintenance ; It specifies the requirements for supervision and inspection of the manufacturing and installation of special equipment ; It stipulates the obligations that special equipment sales and leasing entities must fulfill ; The requirements for importing and exporting special equipment have been clarified ; It stipulates the requirements for entities that use special equipment to carry out registration for use, establish equipment usage records, perform routine maintenance, conduct regular inspections, and eliminate potential accident hazards ; Chapter 2, Section 1: General Provisions – Special Equipment. This section sets out the general requirements for the production, operation, and use of special equipment. It outlines the basic principles regarding safety responsibilities at various stages of production, operation, and use, as well as requirements related to safety education, mandatory certification for personnel, self-inspection and testing, maintenance, and the use of new materials, technologies, and processes. It also encourages the adoption of insurance systems. Article 13 The entities responsible for the production, operation, and use of special equipment, as well as their principal persons in charge, are liable for the safety of such equipment. Units engaged in the production, operation, and use of special equipment shall, in accordance with **relevant regulations**, assign safety management personnel, inspection personnel, and operational staff for such equipment, and provide them with the necessary safety education and skill training. Interpretation of the provisions: This article stipulates the responsibilities of entities involved in the production, operation, and use of special equipment, as well as their principal responsible persons, with regard to the safety of such equipment. It also requires that these entities assign and train personnel for safety management, inspection, testing, and operation in accordance with relevant regulations. 1. The principal persons in charge of entities engaged in the production, operation, and use of special equipment are responsible for the safety of such equipment. The principal responsible persons of entities engaged in the production, operation, and use of special equipment refer to the leadership members who hold decision-making power in the daily activities related to the production, operation, and use of such equipment within their organizations; this includes the legal representative as well as other key leaders and managers. This regulation emphasizes that the persons in charge of entities involved in the production, operation, and use of special equipment bear full responsibility for the safety of such equipment. It grants these persons legal authority to make decisions regarding safety matters related to special equipment, while also stipulating their legal obligations in this regard. II. Units responsible for the production, operation, and use of special equipment shall, in accordance with **relevant regulations, assign appropriate personnel for safety management, inspection, testing, and operations, and provide them with necessary safety education and skill training. The safety of activities related to the production, operation, and use of special equipment requires not only necessary material and institutional safeguards but also safeguards in terms of personnel. Production, operation, and usage units equip themselves with personnel responsible for the safety management, inspection, and testing of special equipment in order to strengthen safety management, standardize inspection, testing, and operational practices, and prevent accidents related to such equipment. First, the safety of special equipment requires strengthened safety management, and assigning safety officers is a necessary guarantee for ensuring safe operation. The safety management of special equipment includes identifying the responsible departments and personnel, establishing various management systems and operating procedures, defining the responsibilities of unit leaders and managers, setting out procedures and requirements for routine inspections, cooperating with the authorities in charge of supervising the safety of special equipment, arranging regular inspection schedules, as well as determining emergency response measures in case of accidents, among other things. Second, production, operation, and usage units shall assign appropriate inspection, testing, and operational personnel in accordance with **regulations. Statistics on special equipment accidents at home and abroad show that operational errors and inadequate self-inspection and testing are the main causes of such accidents. The operation of special equipment relies on those who work with and inspect such equipment; their actions have a crucial impact on the safe use of these devices. At the same time, in the event of an accident involving special equipment, they are often the most direct victims. Since the implementation of safety supervision for special equipment in our country, the supervision and management of operators and inspection personnel have been regarded as an important means of safety oversight. The inspection, testing, and operating personnel of production, operation, and use units shall conduct self-inspections, tests, and operations on the special equipment of their units in accordance with the requirements of safety technical specifications. Production, operation, and usage units must ensure that the inspection, testing, and operational personnel they have meet not only the quantitative requirements stipulated by relevant regulations, but also the requirements regarding the types of certifications held by such personnel as well as their technical capabilities. Third, production, operation, and usage units are obliged to provide necessary safety education and skill training for their inspection and testing personnel. The proper operation of special equipment depends, in addition to basic requirements, on many other requirements related to the conditions of the equipment, the production process, and the specific equipment itself. Only by meeting these requirements can the safe operation of special equipment be ensured. Therefore, it is the legal responsibility of employers to provide safety education and training on special equipment to inspectors, testers, and operators, ensuring that they possess the necessary knowledge and skills related to special equipment safety. Production, operation, and usage units should, in light of specific equipment and their own relevant systems, provide continuous training and education for management, inspection, and testing personnel to improve their professional competence. Moreover, the improvement in the management of special equipment, as well as in inspection, testing, and operational skills, will inevitably contribute to an increase in safety levels. Our country is currently under a market economy system, and enterprises should, in line with the basic principles of self-management and self-responsibility, and within the framework of the law, provide training for their employees according to their own circumstances in order to ensure their safety.

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