Thread Content
Article 63: When performing their duties in accordance with the law, the departments responsible for the supervision and management of special equipment discover serious illegal acts or significant potential hazards that could lead to accidents involving such equipment; they shall order the relevant entities to cease such illegal activities immediately, take measures to eliminate those hazards, and report the situation promptly to the higher-level departments in charge of the supervision and management of special equipment. The department responsible for the supervision and management of safety in special equipment, upon receiving the report, shall take necessary measures to handle it promptly. Interpretation of the provision: This article deals with the regulations regarding the implementation of a reporting system for safety inspections of special equipment. 1. Paragraph 1 of this article stipulates the measures that the department responsible for the supervision and management of the safety of special equipment shall take when, in the course of fulfilling its duties in accordance with the law, it discovers serious illegal acts or significant potential hazards for accidents. By serious illegal acts are meant those actions involving intentional violations or repeated breaches of regulations, obstruction of supervision and inspection, falsification of relevant documents and certificates, giving false testimony, threatening witnesses to give false testimony, as well as the transfer or destruction of evidence or the unauthorized disruption of sealed conditions. So-called serious accident hazards refer mainly to special equipment in use that is used for illegal production, should be scrapped, does not meet the specified parameter ranges, has not been inspected on time or has been found to be non-compliant after inspection, has obvious faults or abnormalities, fails to make corrections despite being ordered to do so, continues to be used after an accident occurs without reporting, or is lacking safety accessories and devices, or whose safety accessories and devices are ineffective. When the department responsible for the safety supervision and management of special equipment discovers such situations, it shall take the following measures: 1. Order the relevant entities to immediately cease their illegal activities. If the relevant parties act intentionally in violation of regulations, repeatedly break laws and regulations, obstruct supervision and inspection, forge relevant documents and certificates, give false testimony, threaten witnesses to give false testimony, transfer or destroy evidence, or tamper with sealed items without authorization, failing to stop such actions immediately will directly affect the proper enforcement of laws by the departments responsible for the safety supervision of special equipment, and it will also severely disrupt the overall management order; therefore, such actions must be stopped immediately. 2. Order the relevant entities to take measures to eliminate potential accident hazards. In practice, they are usually first ordered to stop using it. For those that should be scrapped or fall outside the specified parameter range, it is generally required to be scrapped immediately; or, in accordance with Article 48 of this law, they must pass inspections or safety assessments in line with the requirements of safety technical specifications, and have the use registration certificate updated before they can continue to be used. For equipment that has not been inspected on time or has been found to not meet the requirements after inspection, an inspection should be requested immediately or the non-conformities should be rectified. For special equipment that lacks safety accessories or safety devices, or whose safety accessories and devices are malfunctioning, the relevant entities are required to install the necessary devices and accessories immediately. 3. Report in a timely manner. In accordance with the provisions of this article, it is necessary to report promptly to the higher-level department responsible for the safety supervision and management of special equipment. Due to the special nature and hazards of special equipment, accidents involving them can have serious social consequences; therefore, it is necessary for the departments responsible for the safety supervision and management of such equipment to work together to ensure effective safety oversight. Furthermore, illegal activities and potential accident hazards identified in certain areas may have wide-ranging social implications; reporting them promptly to the higher-level authorities responsible for the supervision and management of special equipment safety also helps these authorities to adjust their management policies in a timely manner, thereby providing proper guidance for the oversight of special equipment safety. 4. The department responsible for the supervision and management of safety in special equipment, upon receiving a report, shall take necessary measures to handle it promptly. For higher-level authorities, taking the necessary measures is primarily done by adjusting management policies, which includes organizing inspections of equipment or areas where regional or widespread issues may exist. If higher-level authorities ignore such reports and serious consequences arise, they shall bear the corresponding legal responsibilities in accordance with the law. II. Paragraph 2 of this article stipulates the obligation of local people’s governments and other relevant departments to cooperate. 1. The reporting obligations of the departments responsible for the supervision and management of safety in special equipment: In accordance with the \"Regulations of the State Council on Holding Administrative Officials Accountable for Serious Safety Accidents,\" local people’s government leaders and heads of relevant departments have the obligation to prevent safety accidents from occurring. Sometimes, dealing with violations related to special equipment or potential accident hazards cannot be fully resolved by the departments responsible for overseeing the safety of such equipment; cooperation from **and other relevant departments is necessary. Therefore, this law stipulates that when dealing with violations and serious potential accident hazards that require the support and cooperation of the local people’s **and other relevant departments, it is necessary to report to the local people’s **and inform the other relevant departments as well. 2. Obligations of the local people ** and relevant departments. The local people who receive the report **and the relevant departments notified thereof shall immediately take the necessary measures to handle it promptly.