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Article 92: Those who violate the provisions of this Law, namely safety management personnel, inspection personnel, and operators of special equipment, fail to fulfill their job responsibilities, violate operating procedures and relevant safety regulations, and cause accidents shall have their qualifications revoked. Interpretation of the provision: This article stipulates the legal responsibilities for those in charge of safety management, inspection, and operation of special equipment who fail to fulfill their duties. I. Entities liable under law: Safety managers, inspectors, and operators of special equipment bear significant responsibilities in ensuring the safety of such equipment. They must fulfill all the obligations stipulated by this law and carry out their duties diligently at every stage of the production, operation, and use of special equipment. Especially in the use of special equipment, whether safety managers, inspectors, and operators fulfill their job responsibilities in accordance with the law as well as abide by safety management regulations such as operating procedures is directly related to the safe operation of such equipment. In accordance with Article 14 of this Law, safety management personnel, inspection personnel, and operators of special equipment shall strictly comply with safety technical specifications and management systems ; Article 34 stipulates that units utilizing special equipment shall establish safety management systems regarding job responsibilities, hazard mitigation, emergency response, etc., and formulate operating procedures to ensure the safe operation of special equipment. Safety managers, inspectors, and operators of special equipment must abide by these safety management systems. The content of this article mainly pertains to the legal responsibilities for violating the provisions of the aforementioned articles. II. Illegal acts that incur legal liability 1. Failure to fulfill job responsibilities, that is, violation of the provisions of the job responsibility system. A post responsibility system refers to a system established by special equipment users to clearly define the responsibilities and authorities of each job position based on the nature of those positions and the characteristics of the tasks they entail, and to assess performance and provide rewards in accordance with established standards. It generally includes job responsibility guidelines, shift handover procedures, and routine inspection systems. It is considered one of the illegal acts stipulated in this law when safety managers, inspectors, and operators of special equipment fail to fulfill the specific requirements of their job responsibilities, as well as those related to shift handovers and routine inspections. 2. Violation of 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 operation. The contents and requirements of these procedures should take into account the specific conditions of each entity, and they must comply with the requirements outlined in the equipment’s maintenance and operation manuals. Safety managers 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 operations are the specific steps to ensure the safe use of such equipment. It is one of the illegal acts stipulated in this article when safety managers, inspectors, and operators of special equipment fail to comply with the operating procedures established by their employing units. 3. Other acts that violate relevant safety regulations and rules. In addition to the aforementioned violations such as failure to fulfill job responsibilities and breaches of operating procedures, other safety regulations for entities that use special equipment include systems such as hazard management and emergency rescue, as stipulated in Article 34 of this law. Acts that violate the aforementioned safety management systems (safety regulations) also constitute illegal acts as stipulated in this article. It should be noted that, in addition to the aforementioned elements, an act that constitutes an illegal act under these regulations must also result in an accident. The so-called “accidents” refer to accidents involving special equipment, including extremely serious accidents, serious accidents, relatively serious accidents, and ordinary accidents as stipulated in Chapter V of this Law. Although this law does not specify the exact circumstances of level-4 accidents, current administrative regulations and departmental rules issued by the State Council provide clear criteria for classifying such accidents. Regardless of the level at which an accident occurs, safety managers, inspectors, and operators of special equipment are all considered to be in violation of the provisions of this regulation. Conversely, even if the aforementioned persons have committed the illegal acts stipulated in this article, if no accidents involving special equipment occur as a result, they should not be punished in accordance with the provisions of this article. III. Forms of legal liability The form of legal liability prescribed in this article is administrative punishment, namely the revocation of the qualifications of the relevant persons. The qualifications of the aforementioned relevant personnel refer to those that such persons must possess in order to carry out related work in accordance with Article 14 of this Law, including qualifications for special equipment safety management personnel, qualifications for special equipment inspection personnel, and qualifications for special equipment operators. The revocation of the qualifications of relevant individuals by law enforcement agencies shall be carried out in accordance with the provisions of the Administrative Penalty Law of the People’s Republic of China. Persons whose qualifications have been revoked have the right to file administrative reconsideration and administrative litigation in accordance with the law.