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Chapter 5: Emergency Rescue, Investigation and Handling of Accidents. This chapter contains five articles, which mainly stipulate the formulation of emergency response plans for accidents involving special equipment, as well as emergency rescue, reporting, investigation and handling procedures in the event of such accidents. As devices and facilities with potential hazards, special equipment is inevitably prone to accidents that cause injuries or property damage. Furthermore, in the event of sudden incidents such as failures in the power supply system or special equipment, improper handling can easily lead to secondary disasters like accidents. Historical experience and lessons learned through bloodshed warn us that it is essential to develop emergency response plans for accidents involving special equipment; addressing, rescuing, reporting on, and investigating such incidents once failures occur or sudden safety problems arise must be considered an important part of efforts to ensure the safety of special equipment. To strengthen the investigation and handling of accidents involving special equipment, to scientifically classify the severity levels of such accidents, to establish requirements for emergency response, and to clarify the procedures and contents related to accident reporting and investigation. The revised Regulations on the Safety Supervision of Special Equipment in 2009 (State Council Order No. 549) added a new chapter that contains specific provisions regarding the reporting, investigation, and handling of accidents involving special equipment. The reason why the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents (State Council Order No. 493) already provide relatively detailed provisions on procedural matters such as the steps and time limits for reporting, investigating, and handling production safety accidents, while the Regulations on the Safety Supervision of Special Equipment still set out principle-based rules regarding the classification of special equipment accidents, the entities responsible for accident investigation and approval, and the formulation of preventive measures, is mainly due to the greater specificity of special equipment accidents compared to other production safety accidents. This specificity is evident in three aspects: first, special equipment accidents fall outside the scope of production safety accidents. Special equipment is utilized both in industrial enterprises and extensively in people’s daily lives. Any accidents involving such equipment directly affect the normal life of the general public and social stability. The scope of impact is quite broad, unlike production safety incidents, which occur within relatively closed environments. Second, the factors used for classifying special equipment accidents are quite complex. In classifying special equipment accidents, in addition to taking into account the two common factors specified in the Regulations on the Reporting, Investigation, and Handling of Production Safety Accidents – namely, casualties and direct economic losses – the classification is also based on the characteristics of such accidents. Other serious consequences resulting from damage to special equipment are considered as well; for example, the cessation of equipment operation posing a threat to the safety of economic activities, equipment failures that trap passengers, leaks of substances from the equipment requiring the evacuation of many people, and severe damage to the equipment having a significant impact on society. Third, the responsible parties for special equipment accidents are becoming more diversified. The safety and quality of special equipment are related to various aspects such as design, manufacturing, installation, modification, repair, use, and inspection. Safety and quality issues at any of these stages can lead to accidents. Therefore, the entities responsible for accidents involving special equipment include not only the entity that uses such equipment at the time of the accident, but also various other parties such as those involved in the design, manufacturing, installation, modification, repair, and inspection of such equipment. This is also one of the characteristics that distinguish the investigation and handling of special equipment accidents from those of other production safety accidents. Given the above-mentioned special circumstances, and in particular the importance of emergency response measures to prevent secondary disasters such as those that occur when special equipment malfunctions, safety incidents arise, or accidents happen, this law places greater emphasis on emergency rescue efforts compared to the Regulations on the Safety Supervision of Special Equipment. It includes \"emergency rescue\" in the title of this chapter to highlight the significance of such efforts. Article 69: The department of the State Council responsible for the supervision and management of safety in special equipment shall, in accordance with the law, organize the formulation of emergency response plans for major and extremely serious accidents involving special equipment; such plans shall be approved by the State Council and incorporated into the **emergency response plan system. Local people’s governments at or above the county level and their departments responsible for the safety supervision and management of special equipment shall, in accordance with the law, formulate emergency response plans for special equipment accidents within their respective administrative regions, and establish or integrate them into the corresponding emergency response and rescue systems. Units that operate special equipment shall formulate specific emergency plans for accidents involving such equipment, and conduct regular emergency drills. Interpretation of the provisions: This article deals with the formulation of emergency response plans for accidents involving special equipment, the framework that plans prepared by the departments responsible for supervising and managing the safety of such equipment at different levels or by the entities that use this equipment should adhere to, as well as the requirements regarding emergency drills to be conducted by those entities that use special equipment. Special equipment poses potential risks, and both its regulatory authorities and users should attach great importance to emergency management. Formulating and implementing emergency response plans is an important aspect of the emergency management of special equipment. This law establishes this as a legal obligation, requiring the departments responsible for the supervision and management of special equipment safety as well as the entities that use such equipment to develop emergency response plans for accidents involving special equipment. I. Relevant Concepts of Emergency Plans for Special Equipment (1) Basic Definition and Classification of Emergency Plans In a broad sense, emergency plans are plans for emergency management, command, and rescue in the face of emergencies such as natural disasters, major incidents, environmental hazards, and human-caused damage; such plans should generally be based on comprehensive disaster prevention strategies. The Emergency Response Law defines it as follows: “Emergency plans shall, in accordance with the provisions of this Law and other relevant laws and regulations, take into account the nature and characteristics of emergencies as well as the potential social harm they may cause, and shall specify in detail the organizational structure and responsibilities for emergency management, as well as mechanisms for preventing and warning about emergencies, procedures for handling them, emergency support measures, and measures for recovery and reconstruction after an emergency occurs.” The emergency response plan for special equipment is a scientifically sound and effective plan formulated in advance for specific pieces of equipment, facilities, and even related sites and environments. Based on safety assessments, it aims to minimize personal, property, and environmental damage caused by accidents. The plan covers aspects such as emergency response organizations and personnel, emergency equipment, facilities, conditions, and environment following an accident; the steps and guidelines for action; and the methods and procedures for controlling the progression of the accident. Emergency plans can be classified at three levels: **, departmental, and specific project emergency plans. Based on the type of disaster, they are classified into four categories: natural disasters, production safety incidents, public health incidents, and social security incidents. Emergency plans for special equipment possess both characteristics of production safety and social safety. (II) Basic contents of emergency plans According to the \"Guidelines on Formulating and Revising Emergency Plan Frameworks for Sudden Public Events by Relevant Departments and Agencies of the State Council\" issued by the General Office of the State Council in 2004, the contents of an emergency plan generally include: 1. General provisions. It explains the purpose of formulating the plan, the working principles, the basis for its preparation, and the scope of application, etc. 2. Organizational command structure and responsibilities: Clarify the responsibilities, rights, and obligations of various organizational units. Taking the entire process of emergency response to sudden accidents as the main framework, identify the departments responsible for each stage, such as accident occurrence, reporting, response, conclusion, and post-incident handling; using emergency preparation and support agencies as a secondary framework, define the responsibilities of all participating departments. 3. Early warning and prevention mechanisms: include information monitoring and reporting, early warning and prevention actions, early warning support systems, and early warning levels and dissemination (it is recommended to divide them into four levels of early warning). 4. Emergency response: It includes 11 elements such as hierarchical response procedures (principally, corresponding plans are activated according to four levels: normal, significant, serious, and extremely serious), information sharing and processing, communication, command and coordination, emergency handling, safety protection for emergency responders, safety protection for the public, mobilization and participation of societal forces, accident investigation, analysis, testing, and consequence assessment, news reporting, and the conclusion of the emergency response. 5. Post-incident handling: This includes post-incident measures, social assistance, insurance, accident investigation reports, as well as summarization of lessons learned and recommendations for improvement. 6. Safeguard measures: include communication and information support, emergency response and equipment support, technical reserves and support, publicity, training, and drills*, as well as supervision and inspection. 7. Supplementary Provisions: including relevant terms and definitions, plan management and updating, international communication and cooperation, rewards and responsibilities, the departments responsible for formulation and interpretation, and the time of implementation or entry into force of the plan. 8. Appendix: Includes relevant emergency response plans, an overall list of plans, a list of individual plans, various texts in standardized formats, and contact lists for relevant organizations and personnel. (III) Development of emergency plans The development of emergency plans can generally be divided into five steps, namely forming a drafting team for the plan, conducting risk and emergency response capacity analyses, preparing the plan, reviewing it (sometimes involving extensive consultation), and issuing it. Some plans require an approval process after review. II. Several key points worth noting regarding this article: This law makes distinct provisions regarding the systems that emergency plans formulated by departments responsible for the supervision and management of special equipment at different levels must incorporate. The emergency plan for major and severe accidents involving special equipment, which is formulated in accordance with the law by the department under the State Council responsible for such supervision and management, shall be \"incorporated into the emergency plan system for sudden incidents\" after being approved by the State Council. Local people’s governments at the county level and above, as well as the departments responsible for the supervision and management of special equipment in their respective jurisdictions, formulate emergency plans for accidents involving special equipment within their areas of jurisdiction in accordance with the law, and \"establish or incorporate these plans into the corresponding emergency response and rescue systems.\" There are several key points that need to be accurately understood: First, the principle of \"acting in accordance with the law\" emphasized in this article includes not only this law but also the Law on Emergency Response; the \"**emergency response plan system**\" mentioned in the first paragraph of this article is precisely what is stipulated in that law. Second, the “serious and extremely serious accidents involving special equipment” mentioned in the first paragraph of this article refer to both extremely serious accidents and serious accidents involving special equipment. The requirements outlined in this paragraph regarding “approval by the State Council” and “inclusion in the emergency response plan system” are all in accordance with the provisions of the Emergency Response Law. Third, the \"emergency response plan for special equipment accidents\" as specified in Paragraph 2 of this article should cover accidents involving special equipment of all severity levels. Regardless of the severity of such accidents or who is responsible for investigating and handling them under this law, the local people’s governments at the county level and above, as well as the departments tasked with supervising and managing special equipment safety, will all participate in carrying out the necessary emergency response actions at the site of the accident. This highlights the difference between \"local emergency response plans\" and \"national emergency response plans\": local emergency response plans cover a broader range of situations and involve more tasks, such as emergency response actions and the organization and allocation of emergency resources. Furthermore, the entity required to develop plans under the first clause is the **competent authority**, while the entities responsible for plan development as specified in the second clause include **such authorities along with** the competent authorities at the same level. The entity responsible for establishing an emergency response and rescue system at the appropriate levels is **; therefore, developing these plans is part of the responsibilities of **, with the relevant **competent authorities being primarily in charge of drafting them. Fourth, the provisions in the first paragraph of this article, which call for inclusion within the **emergency response plan system, and the second paragraph, which requires the establishment or integration of appropriate emergency response and rescue systems, emphasize the systematic nature and coordination required in emergency management. This is especially true in cases involving multiple specialized fields or responsibilities and highly complex situations at the scene; such incidents may require the activation of various specialized emergency rescue plans. Only by integrating these individual plans into a unified system can emergency response and other related actions be carried out in a scientific, systematic, and thorough manner. Fifth, since the Emergency Response Law does not stipulate that local governments at all levels and their relevant departments shall establish corresponding emergency response and rescue systems, the provision in the second paragraph of this article regarding the establishment or integration of such systems addresses the lack of systematization and coordination in the relevant regulations. Sixth, paragraph 3 of this article also specifies that \"units using special equipment shall formulate specialized emergency plans for accidents involving such equipment and conduct regular emergency drills,\" which represents a clear legal requirement for these units with regard to the development of emergency plans and the carrying out of emergency drills. III. Differences between emergency plans at different levels: The emergency plans for special equipment developed by the departments responsible for the supervision and management of such equipment, and those prepared by the units that use these devices, have different roles and functions. The emergency response plans formulated by the departments responsible for the supervision and management of special equipment should focus on emergency response; that is, upon receiving a report of an accident, they must promptly report the information to higher-level authorities as well as the local people’s government. It is the local people’s government that initiates the emergency rescue plan and oversees its implementation. The role of the departments responsible for the supervision and management of special equipment in emergency rescue should be to provide suggestions for dealing with the accident and offer corresponding technical support. The emergency response plans formulated by entities that use special equipment should be highly targeted and practical; that is, special emergency response plans should be developed based on the characteristics of the special equipment used by those entities, with an emphasis on immediate handling and emergency rescue at the scene of an accident. The content of an emergency response plan for special equipment accidents should generally include: the emergency command structure, division of responsibilities, assessment of the hazards associated with the equipment at the scene, emergency response procedures, support measures such as emergency response teams and equipment, as well as emergency drills and plan revisions. IV. Regarding emergency drills: Paragraph 3 of this article also emphasizes that entities that use special equipment should \"conduct emergency drills on a regular basis.\" This is necessary both due to the characteristics of specific emergency plans and those of emergency plans in general; since plans merely provide a framework for actual operations, it is essential to improve practical capabilities and skills through regular drills in order to ensure that emergency response actions can be carried out promptly, coordinately, and in an orderly manner in the event of emergencies or accidents. Regarding the duration of the \"fixed period\" specified in this clause, no specific provisions can be found at present in relevant laws, administrative regulations, administrative rules, regulatory documents, safety technical specifications, and standards. In the future, such provisions are intended to be established in appropriate administrative rules or safety technical specifications. For the special equipment used in the key safety inspection and supervision sites specified in Article 57 of this Law, it is required that the users conduct at least one emergency drill for each type of equipment on an annual basis. Currently, as a general rule, user units should conduct at least one emergency drill per year.