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[Interpretation of the Special Equipment Safety Law] Article 87

2022-03-21View Original

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Article 87: If a unit responsible for the operation and use of elevators, passenger cableways, or large-scale amusement facilities violates the provisions of this Law and falls under any of the following circumstances, it shall be ordered to make corrections within a specified time limit; If the violation is not corrected within the prescribed time, the party shall be ordered to cease using the relevant special equipment or to suspend operations for rectification, and shall be fined not less than 20,000 yuan but not more than 100,000 yuan: (1) Failing to establish a special equipment safety management organization or assign full-time personnel responsible for special equipment safety ; (II) For passenger cable cars and large-scale amusement facilities, if trial operations and routine safety inspections are not carried out prior to each day of use, nor are the safety accessories and protective devices inspected and verified ; (III) Failing to place the safety usage instructions, safety precautions, and warning signs for elevators, passenger cable cars, and large-scale amusement facilities in prominent locations where passengers can easily see them. Interpretation of the provisions: This article stipulates the legal responsibilities of the operators of elevators, passenger cableways, and large-scale amusement facilities for failing to establish a special equipment safety management organization or assign full-time personnel responsible for special equipment safety, for not carrying out trial operations and regular safety inspections as required by law, for failing to inspect and verify safety accessories and protective devices in accordance with the law, and for not placing safety usage instructions, safety precautions, and warning signs in prominent locations. Article 36 of this Law stipulates that the operators of special equipment such as elevators, passenger cableways, and large-scale amusement facilities, which are used to serve the public, shall be responsible for the safe use of such equipment; they must establish a management organization for the safety of such equipment or appoint full-time personnel in charge of its safety. Paragraphs 1 and 2 of Article 43 stipulate that before being put into use each day, operating units of passenger cable cars and large-scale amusement facilities shall conduct trial operations and routine safety inspections, as well as inspect and verify the safety accessories and protective devices. The operators of elevators, passenger cable cars, and large-scale amusement facilities shall place the safety usage instructions, safety precautions, and warning signs for such equipment in locations that are easily visible to passengers. If the operating entities of elevators, passenger cable cars, and large-scale amusement facilities violate the aforementioned provisions, they shall be held legally accountable in accordance with the provisions of this article. I. Entities liable under law The entities responsible for assuming legal liability as stipulated in this article are the operators and users of elevators, passenger cableways, and large-scale amusement facilities. Special equipment such as elevators, passenger cable cars, and large-scale amusement rides are used directly by passengers or tourists; some of these facilities accommodate a large number of people, and accidents in such cases can lead to severe casualties and significant social consequences. Therefore, the law imposes higher requirements on the safety assurance of such special equipment, assigning greater safety obligations to its operating units. If the entities responsible for the operation of elevators, passenger cable cars, and large-scale amusement facilities fail to fulfill these obligations, they shall be held legally accountable in accordance with this provision. II. Illegal acts subject to legal liability This provision specifies three types of illegal acts for which legal liability applies: (1) Failing to establish a special equipment safety management organization or assign full-time personnel responsible for special equipment safety. The operating entities of special equipment that serve the public, such as elevators, passenger cable cars, and large-scale amusement facilities, shall establish a special equipment safety management organization or assign full-time special equipment safety managers. In practice, whether a particular operating entity should establish a safety management organization for special equipment or appoint full-time safety managers for such equipment is generally determined based on factors such as the size of the entity and the conditions related to safe production. If a safety management organization should be established but is not, and only safety management personnel for special equipment are assigned ; Either failing to appoint full-time safety managers for special equipment, or appointing part-time safety managers instead, constitutes an illegal act as stipulated in this article. (II) For passenger cable cars and large-scale amusement facilities, if trial operations and routine safety inspections are not carried out prior to each day of use, nor are the safety accessories and protective devices inspected and verified. Cable cars and large amusement rides are used by a large number of visitors every day, and the consequences of an accident would be disastrous. Therefore, the law establishes special regulations regarding safety inspections for passenger cable cars and large amusement rides, requiring their operating entities to conduct trial runs and routine safety inspections before each day of use, as well as to check and verify the safety accessories and protective devices. Such regulations increase the obligations of the operating entities to a certain extent and raise their operational costs, but they are necessary to ensure the safety of people's lives. (III) Failing to place the safety usage instructions, safety precautions, and warning signs for elevators, passenger cable cars, and large-scale amusement facilities in prominent locations where passengers can easily see them. “\"A prominent location easily visible to passengers\" sets out principle-based requirements for placing safety instructions, safety precautions, and warning signs. In practice, these principles should be followed, and the specific placement locations should be determined based on factors such as the type of elevator, cable car, or large-scale amusement ride, as well as the surrounding environment; generally, they should be located at the entrance to the respective facilities. If the appropriate safety instructions, precautions, and warning signs are not provided, or if such instructions, precautions, and warning signs are placed in locations that are not easily visible to ordinary people, the legal responsibility of the operators of elevators, cable cars, and large amusement facilities shall be held accountable in accordance with the provisions of this article. III. Forms of legal liability: This provision stipulates the administrative legal liabilities of the entities responsible for the operation and use of elevators, passenger cableways, and large-scale amusement facilities. Specifically, these include: (1) Ordering correction within a specified time limit. If the entities responsible for the operation of elevators, passenger cable cars, and large-scale amusement facilities commit the violations stipulated in this article, the relevant administrative law enforcement agencies shall first require such entities to correct their violations within a specified period of time. This means that they must establish a special equipment safety management department or appoint full-time personnel responsible for special equipment safety within that time frame, and they must place the safety instructions, precautions, and warning signs related to the safe use of elevators, passenger cable cars, and large-scale amusement facilities in locations where passengers can easily see them. If the operators of elevators, passenger cable cars, and large-scale amusement facilities correct their illegal activities as required, no administrative penalties will be imposed ; If the entities responsible for the operation of elevators, passenger cable cars, and large-scale amusement facilities fail to correct their illegal activities despite the expiration of the given deadline, they will be subject to administrative penalties in accordance with the law, such as orders to cease using the relevant special equipment, mandates to suspend operations for rectification, and fines. (II) Order to cease using the relevant special equipment or to suspend operations for rectification. Special equipment refers to elevators, passenger cableways, and large-scale amusement facilities that do not have a specialized safety management organization or dedicated personnel in charge of safety management. It also includes passenger cableways and large-scale amusement facilities that are not subjected to trial operations and routine safety inspections before being put into use each day, as well as those whose safety accessories and protective devices are not inspected and verified. Additionally, it encompasses elevators, passenger cableways, and large-scale amusement facilities that fail to display safety usage instructions, safety precautions, and warning signs in locations easily visible to passengers. If the entities responsible for the operation of elevators, passenger cable cars, and large-scale amusement facilities fail to correct their illegal activities despite being ordered to do so within a specified time frame, they will be ordered to stop using such special equipment or to suspend operations for rectification. (III) Fines. For the operators of elevators, passenger cableways, and large-scale amusement facilities that fail to correct their illegal activities despite being ordered to do so within a specified time limit, in addition to being ordered to stop using such special equipment or to suspend operations for rectification, they shall also be subject to an administrative fine. The amount of the fine ranges from 20,000 yuan to 100,000 yuan; the specific amount is determined by the authority imposing the fine, taking into account factors such as the duration, nature, severity, and consequences of the illegal activities committed by the operator of the elevator, passenger cableway, or large-scale amusement facility in each individual case.

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