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[Interpretation of the Special Equipment Safety Law] Article 34

2021-03-04View Original

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Article 34: Units that utilize special equipment shall establish safety management systems regarding job responsibilities, hazard control, and emergency rescue, as well as formulate operating procedures to ensure the safe operation of such equipment. Explanation of this article: This article sets out the requirement that units using special equipment must put in place comprehensive safety management systems to ensure the safe operation of those devices. 1. Entities that use special equipment shall establish and improve safety management systems for such equipment. A special equipment safety management system refers to the rules and regulations for the safe management of special equipment, which are formulated by entities engaged in various activities related to such equipment in accordance with relevant laws, regulations, rules, and safety technical standards, taking into account the specific conditions of those entities. The safety management system for special equipment includes aspects such as defining job responsibilities, addressing potential hazards, and providing emergency rescue services, with the aim of ensuring the safe operation of such equipment. (1) Post responsibility system: The post responsibility system refers to a system established by special equipment users to clearly define the responsibilities and authorities of each work position based on the nature of those positions and the characteristics of the tasks they undertake. Assessment and rewards/punishments are carried out in accordance with established standards; this system generally includes post responsibilities, shift handover procedures, and routine inspection systems. Implementing a post responsibility system should generally adhere to the principles of matching abilities with positions, aligning responsibilities with rights, and ensuring consistency between assessments and rewards/punishments. Positions should be assigned to specific individuals, with clear definitions of the work content, volume, and quality required for each position, as well as the responsibilities that need to be fulfilled, in order to ensure that all tasks can be carried out in an orderly manner. (II) Establish a system for addressing potential hazards. Entities that use special equipment should strengthen the prevention and management of accident hazards, with the aim of preventing and reducing accidents as well as protecting the lives and property of employees; to this end, they should establish a safety management system that provides for a long-term approach to identifying and addressing such hazards. As referred to in this system, potential hazards refer to dangerous conditions of objects, unsafe behaviors of people, and management deficiencies in production and business operations that may lead to accidents, resulting from violations of laws, regulations, rules, standards, procedures, and safety management systems related to work safety. Such conditions are known as accident hazards. Hazardous conditions can be divided into general hazardous conditions and major hazardous conditions. General accident hazards refer to those that pose a relatively low level of risk and are not difficult to rectify; they can be addressed immediately once identified ; Major accident hazards refer to those that pose a significant threat and are difficult to rectify; such hazards require the suspension of operations in their entirety or in part, and require a certain period of time for remediation before they can be eliminated. They also include those that cannot be resolved by the production or business entity itself due to external factors. When special equipment users carry out hazard inspections, they generally follow the principle of \"whoever is in charge is responsible.\" They establish safety inspection systems for the potential hazards that may arise in each position, conduct inspections at specified times, according to set procedures and frequencies, collect and identify any identified hazards promptly, report them, and take active measures to address them. (III) Establishment of an emergency rescue system: Special equipment users should, based on the main failure modes and consequences associated with the special equipment they use, establish an emergency rescue system. This is a safety management system that provides planned, targeted, and actionable measures for prevention, preparation, emergency response, rescue, and recovery in the face of sudden, destructive emergencies caused by special equipment. The contents of an emergency rescue system for special equipment should generally include an emergency command structure, division of responsibilities, assessment of the hazards associated with the equipment, emergency response plans, emergency response teams and equipment, as well as emergency drills and subsequent revisions to the rescue procedures. II. Establish operating procedures. Operating procedures for special equipment refer to the specific operational guidelines and procedures established by the entities that use such equipment in order to ensure its proper functioning. The contents and requirements of these procedures should take into account the specific conditions of each entity, and they must comply with the specifications outlined in the equipment’s user maintenance manuals. Safety management personnel and operators of special equipment must follow these documents or procedures when operating such equipment. Establishing operating procedures for special equipment and strictly following those procedures in work are the specific steps to ensure the safe use of such equipment.

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