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[Interpretation of the Special Equipment Safety Law] Article 50

2021-03-24View Original

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Article 50 Special equipment inspection agencies that carry out the supervision and inspection, as well as periodic inspections stipulated in these regulations, and special equipment testing agencies that provide testing services for the production, operation, and use of special equipment shall meet the following conditions and must be approved by the department responsible for the safety supervision and management of special equipment before they can engage in inspection and testing activities: (1) They shall have inspection and testing personnel suitable for such work; (II) Have inspection and testing instruments and equipment suitable for inspection and testing work ; (III) It has sound inspection, testing management systems and responsibility systems. Interpretation of the provisions: This article deals with the basic meaning of inspection and testing activities, as well as the requirements that must be met and the approvals that are necessary. I. Nature and role of inspection agencies and testing institutions. This article explains the content and nature of inspection and testing activities regarding \"special equipment inspection agencies that carry out the supervision inspections and regular inspections specified in this law, as well as special equipment testing agencies that provide testing services for the production, operation, and use of special equipment.\" The special equipment supervision and inspection system stipulated in Article 25 of this Law involves agencies qualified to inspect special equipment, as approved by the departments responsible for the safety supervision and management of such equipment, sending inspectors with the appropriate qualifications to carry out inspections. In accordance with relevant safety technical specifications, these inspectors examine the manufacturing, installation, modification, and major repair processes of special equipment. Based on the results of the self-inspections conducted, they conduct reviews of relevant documents, on-site inspections, on-site supervision, and on-site verifications in order to assess the control over the production process of these devices and to verify whether their products meet the requirements of relevant safety technical specifications. Article 40 The regular inspection system established refers to the regular inspections of special equipment in use, carried out by institutions qualified to inspect such equipment and approved by the department responsible for the safety supervision and management of special equipment, in accordance with the inspection cycles and items specified in relevant safety technical standards, in order to verify whether they meet the conditions for continued safe use. Supervisory inspections and periodic inspections, including type tests and design document evaluations, represent a technical form of supervision and are statutory, verification-based activities. As a statutory inspection agency, it operates as a non-profit organization dedicated to public welfare; its establishment should be tailored to the inspection tasks it undertakes, ensuring an appropriate distribution of resources. As a third-party service provider, the testing agency is commissioned by the production, operation, and usage entities to offer testing and inspection services for their own self-testing and self-inspections. It is responsible to these entities, and its testing and inspection activities must also comply with the requirements of safety technical specifications. When conducting inspection work and requiring testing, the inspection agency can also delegate such testing to another testing agency. Inspection agencies that have received the appropriate approval can also carry out testing work. II. Requirements for inspection and testing institutions: The inspection and testing work carried out by institutions specializing in special equipment is a highly technical task that involves significant responsibilities. Such institutions need to have inspectors and testers with appropriate qualifications, as well as the necessary testing instruments and equipment. Moreover, they must establish a set of systems to ensure the quality of their work. Setting certain conditions for the establishment of inspection and testing agencies is conducive to their development and growth. (1) There are inspection and testing personnel competent for the inspection and testing work in question. In accordance with the requirements of relevant safety technical specifications for inspection and testing, the personnel engaged in such activities at inspection and testing institutions must be qualified for the tasks at hand; the approval criteria specify the minimum number of staff required to handle the approved inspection and testing tasks. To ensure the healthy development of inspection and testing institutions, regulations are also set regarding the proportion of inspection and testing personnel holding relevant qualification certificates among the total staff of such institutions, and it is stipulated that those with technical titles must account for no less than a certain percentage of the total staff. It has been proven that these requirements ensure the basic competence of personnel in inspection and testing agencies. According to the TSGZ7001 \"Rules for the Approval of Special Equipment Inspection and Testing Institutions\" issued by the General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the \"Approval Rules\"), the proportion of certified personnel in special equipment inspection institutions must be no less than 70% of the total number of employees in such institutions. Among those certified personnel, those holding certificates as special equipment inspectors or higher must account for no less than 50% of the total number of certified personnel. The proportion of professional and technical personnel must be no less than 65% of the total number of employees. The combined number of professional and technical personnel and certified personnel must be at least 15. Depending on the types of inspections carried out, there are also corresponding requirements regarding the number of inspectors, examiners, and non-destructive testing personnel. Appropriate capability requirements are set for inspectors and testers. Inspectors should possess the following capabilities: 1. Accurately understand the requirements of relevant regulations and standards, and formulate appropriate inspection plans in accordance with those requirements, as well as review inspection plans and inspection reports ; 2. Understand the failure principles of various failure modes in the inspected objects, and be able to analyze and address common equipment failure situations ; 3. Possess a broad range of theoretical knowledge in related fields, and be able to use this knowledge to analyze and solve common technical problems ; 4. Understand the characteristics and applicability of relevant project inspection methods, techniques, equipment, and tools, and select them appropriately ; 5. Capable of making comprehensive judgments and taking appropriate actions regarding the inspection results of equipment ; 6. Capable of providing skill training, work guidance, and evaluation for inspectors ; 7. Ability to investigate and analyze accidents: Inspectors should possess the following capabilities: 1. Mastery of basic knowledge related to inspection, as well as professional knowledge of the items to be inspected ; Master inspection skills, including inspection procedures and methods as well as defect identification; use inspection tools and equipment correctly; and be well-versed in safety and protection measures in inspection work ; 2. In accordance with the relevant regulatory standards that must be followed for testing, and in compliance with the specified testing plans, work instructions, and established testing procedures, fill out the testing records and test reports to complete the testing process ; 3. Master the basic calculation and analysis skills required to prepare inspection reports. 4. Understand the failure modes that primarily cause accidents in the objects under inspection ; 5. Understand the basic knowledge of the manufacturing, installation, maintenance, modification, and use of the object under inspection ; 6. Understand knowledge of safety supervision for special equipment ; 7. Be familiar with the regulations and standards related to special equipment. (II) It has inspection and testing instruments and equipment suitable for the inspection and testing work. In the 1950s, when inspectors examined boilers and pressure vessels in our country, the inspection and testing instruments and equipment were very simple; they relied mainly on flashlights and small hammers, and defects were determined through touch, listening, and visual inspection, based on the inspectors’ experience. However, with the advancement of science and technology, the increasing variety of special equipment, the diversity of materials and parameters, as well as the complexity of their structures, require the use of necessary and advanced inspection and testing instruments in order to accurately detect defects. In recent years, with the continuous advancement of experience and technology both domestically and internationally, there has been an increasing number of advanced testing and inspection instruments and equipment, whose performance has also improved significantly. These tools play an important role in ensuring the quality of testing and inspection. It is necessary for inspection and testing agencies to have instruments and equipment suitable for such inspections and tests. According to the **Regulations on the Approval of Special Equipment Inspection and Testing Institutions issued by the General Administration of Quality Supervision, Inspection and Quarantine, the total value of the fixed assets of such inspection institutions must be no less than 1 million yuan, of which the total value (original cost) of the inspection instruments and equipment must be no less than 500,000 yuan. (III) Having sound inspection and testing management systems as well as responsibility systems. In some industrially developed countries, the inspection and testing of special equipment is carried out under the individual name of the inspectors and testers, who are responsible for the conclusions drawn from such inspections and tests. Currently in China, the inspection and testing activities carried out mainly involve issuing inspection and testing reports in the name of the respective organizations; this is a system based on institutional responsibility. Therefore, as a testing and inspection agency, the test report is the final product of its work. To ensure the quality of these test and inspection reports, which in turn reflects the quality of the testing and inspection itself, it is necessary to establish a set of systems to oversee their production process. At present, there are still a considerable number of inspection and testing institutions in our country, with varying sizes. According to statistics, by the end of 2012, China had 530 comprehensive inspection agencies for special equipment, 32 type testing agencies, 1,818 gas cylinder inspection agencies, and 304 non-destructive testing agencies ; There are a total of 67,185 employees in various testing institutions, with nearly 160,000 working in non-destructive testing. To ensure the quality of inspection and testing activities, the **Requirements for Quality Management Systems of Special Equipment Inspection and Testing Institutions** established by the General Administration of Quality Supervision, Inspection and Quarantine require that all such institutions establish corresponding quality management systems for inspections and tests ; Training and assessment system for inspection and testing personnel ; Management system for inspection and testing instruments and equipment ; System for special equipment inspection and testing agencies sowie inspectors and testers to maintain confidentiality of trade secrets related to the entities undergoing inspection or testing ; Systems for ensuring that inspection and testing personnel issue inspection, testing results and assessment conclusions objectively, fairly, and in a timely manner, as well as key systems for the approval and issuance of such results and conclusions, are in place to guarantee that all inspection and testing personnel can properly fulfill their duties in accordance with safety technical regulations, carry out their work responsibly and impartially, and ensure the quality of the inspection work. Of course, there are other requirements for establishing inspection and testing agencies, such as a legal status and certain office and testing facilities. These requirements can be further clarified in regulations and safety technical specifications. The establishment of inspection agencies should be carried out through approval to ensure a rational layout based on the tasks of inspection work. The establishment of testing institutions should be regulated through approval in accordance with market demands.

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