HCBBS Forum (English)
Submit Chemical Projects / Find Solutions
Amplify Your Requirements on a Broader Chemical Platform *Engineering · Technology · Equipment · Solutions*
Submit Request

[Interpretation of the Special Equipment Safety Law] Article 94

2022-04-18View Original

Thread Content

Article 94: If the departments responsible for the supervision and management of the safety of special equipment, as well as their staff, violate the provisions of this Law by engaging in any of the following acts, they shall be ordered by their superior authorities to make corrections; Disciplinary actions shall be taken against the directly responsible supervisors and other directly responsible personnel in accordance with the law: (1) Failing to grant permits in accordance with the conditions and procedures stipulated by laws and administrative regulations ; (2) Failing to prohibit or take legal action against unauthorized production, use, inspection, or testing of special equipment ; (III) Failing to revoke the license of a special equipment manufacturing unit when it is found to no longer meet the conditions stipulated in these regulations, or failing to take action against illegal activities related to the production, operation, or use of special equipment when such activities are detected ; (IV) Failing to revoke the approval of special equipment inspection and testing agencies when it is found that they no longer meet the conditions stipulated in these regulations, or failing to take action against those agencies that issue false inspection, testing results and assessment conclusions, or whose inspection, testing results and assessment conclusions are seriously inaccurate ; (5) Failing to take immediate action upon discovering any acts in violation of the provisions of this Law and the requirements of safety technical specifications, or any potential accident hazards in special equipment ; (6) Failing to report promptly to the superior department responsible for the supervision and management of special equipment safety when major illegal acts are discovered or serious accident hazards exist in such equipment, or failing to take immediate action upon receiving a report from such a department ; (7) Requiring special equipment manufacturing units that have already obtained permits in other places in accordance with the provisions of this Law to obtain permits again, or requiring special equipment that has already passed inspections in other places in accordance with the provisions of this Law to undergo inspections again ; (8) Recommending, producing, or supervising the marketing of special equipment ; (IX) Disclosing trade secrets learned in the course of performing duties ; (10) Failing to immediately report any reported accidents involving special equipment to the local people’s government and to report them as required ; (11) Failing to report an accident in a timely manner, underreporting it, giving false reports regarding it, or concealing it ; (12) Hindering accident rescue or accident investigation and handling ; (13) Other acts of abusing power, neglecting duties, or engaging in malpractice for personal gain. Interpretation of the provision: This article deals with the legal responsibilities for illegal acts committed by the departments responsible for the supervision and management of safety in special equipment, as well as their staff. I. Entities bearing legal responsibility: The departments responsible for the supervision and management of special equipment safety, along with their staff, play an important role in this area of oversight and management. While granting it corresponding responsibilities and powers, this law also requires it to fulfill its duties in strict accordance with the law; those who violate the provisions of this law shall bear corresponding legal responsibilities as mandated by law. II. Illegal acts subject to legal liability The illegal acts specified in this article include the following: 1. Failing to grant permits in accordance with the conditions and procedures prescribed by laws and administrative regulations. This law sets clear requirements for the production licensing of special equipment, as well as for the approval of inspection and testing agencies. The departments responsible for the safety supervision and management of special equipment, which are tasked with carrying out the administrative licensing procedures stipulated in this law, shall conduct reviews in accordance with the conditions and procedures set out in this law and other relevant laws and administrative regulations, as well as the requirements of safety technical standards ; Those that do not meet the requirements shall not be approved. Article 58 of this Law makes explicit provisions regarding this. This section addresses the legal responsibilities stipulated in the aforementioned provisions. It should be noted that there are also corresponding provisions in laws such as the Administrative License Law regarding the procedures for administrative licenses; while abiding by the provisions of this law, law enforcement agencies must also comply with the provisions of laws such as the Administrative License Law, as well as administrative regulations. In case of violation of relevant regulations, corresponding legal responsibilities shall also be assumed in accordance with the aforementioned laws, administrative regulations, etc. 2. Failing to shut down or take legal action against those who engage in the production, use, inspection, or testing of special equipment without permission. In accordance with the relevant provisions of this law, the production, use, inspection, or testing of special equipment shall require permission from the competent authorities in accordance with the law (including completing the corresponding registration for use). The departments responsible for the safety supervision and management of special equipment shall, upon discovering any violations of these provisions during their routine supervision activities, take action to shut down such violations down or handle them in accordance with the law. Otherwise, it constitutes administrative inaction, and legal liability as stipulated in this article shall be borne. ““Prohibition” generally refers to an administrative measure whereby an administrative authority nullifies the activities of an actor and restricts their actions, when such actor engages in a particular activity without having obtained the necessary qualifications to do so. ““Handle in accordance with the law” refers to holding the persons who commit illegal acts accountable in line with the relevant provisions of the chapter on legal responsibilities in this law, such as ordering them to make corrections, confiscating illegal gains, imposing fines, and carrying out seizures and confiscations in accordance with the law. 3. Failing to revoke the license of a special equipment manufacturing unit when it no longer meets the conditions stipulated in these regulations, or failing to investigate and deal with illegal activities related to the production, operation, or use of special equipment. Special equipment manufacturing units shall meet the conditions stipulated in Article 18 of this Law, including having professional technical personnel suitable for production, having equipment, facilities, and work premises appropriate for production, and having sound systems for quality assurance, safety management, and job responsibilities. This section addresses the legal responsibilities stipulated in the aforementioned provisions. If a special equipment manufacturing unit no longer meets the aforementioned conditions, the department responsible for the safety supervision and management of special equipment shall revoke its manufacturing license in accordance with the law. Those whose licenses should be revoked but are not shall bear legal responsibility in accordance with the provisions of this article. Similarly, regulatory authorities shall investigate and deal with any illegal activities related to the production, operation, and use of special equipment in accordance with the law. “Investigate and deal with in accordance with the law” means to conduct investigations and take actions as prescribed by the law; “deal with” refers to holding the persons responsible for such illegal activities accountable in line with the relevant provisions in the chapter on legal responsibilities of this law, such as ordering them to make corrections, confiscating illegal gains, imposing fines, etc. 4. Failing to take action against inspection and testing agencies for special equipment that no longer meet the conditions stipulated in these regulations and should therefore have their approvals revoked in accordance with the law, or failing to address cases where such agencies issue false inspection, testing results and assessment conclusions, or where such results and conclusions are seriously inaccurate. In accordance with Article 50 of this Law, inspection and testing institutions shall meet the conditions stipulated in this Law and be approved by the department responsible for the supervision and management of special equipment before they may engage in inspection and testing activities. These conditions include having inspection and testing personnel suitable for inspection and testing work ; There are inspection and testing instruments and equipment suitable for inspection and testing work ; There are sound inspection, testing management systems and responsibility systems. At the same time, Article 53 of this law stipulates that special equipment inspection and testing institutions and their inspectors and testers shall issue inspection and testing reports in an objective, fair, and timely manner, and shall be responsible for the inspection and testing results as well as the assessment conclusions. As the regulatory authority, the department responsible for the safety supervision and management of special equipment shall supervise and manage whether inspection and testing agencies strictly comply with the provisions of the aforementioned laws. Those that fail to fulfill their supervisory and management duties in accordance with the law shall bear the corresponding legal responsibilities as stipulated in these provisions. 5. Failing to take immediate action upon discovering any acts that violate the provisions of this law and the requirements of safety technical specifications, or any potential accident hazards associated with special equipment. This pertains to the legal liabilities stipulated in Article 62 of this Law. Article 62 of this Law stipulates that the department responsible for the supervision and management of the safety of special equipment, in the course of fulfilling its duties in accordance with the law, upon discovering any acts that violate the provisions of this Law and the requirements of safety technical standards, or upon identifying potential accident hazards related to such special equipment, shall issue written instructions for safety supervision regarding those special equipment, ordering the relevant entities to take timely measures to rectify the situation or eliminate the potential accident hazards. If emergency measures are requested from the relevant entities in an emergency situation, a special equipment safety supervision order shall be issued subsequently. (1) “Acts violating the provisions of this Law and the requirements of safety technical specifications” is a rather general provision. The relevant provisions of this law set out clear and specific requirements regarding the legal obligations of entities involved in the production, operation, use, inspection, and testing of special equipment; safety technical specifications also impose specific demands in this regard. The departments responsible for the supervision and management of the safety of special equipment have the legal duty to oversee any illegal activities carried out by units involved in production, operation, use, inspection, and testing. Such departments must take action in accordance with the law when such violations are detected; otherwise, they shall bear the corresponding legal responsibilities as stipulated in these provisions. (2) Failing to address potential accident hazards in special equipment immediately. The term “immediate handling” as stipulated in this article, in accordance with Article 62 of this Law, refers to “issuing a written order for safety supervision of special equipment, ordering the relevant entities to take timely measures to make corrections or eliminate potential accident hazards”. 6. Failing to promptly report any major illegal acts or serious potential hazards related to special equipment to the superior department responsible for the safety supervision and management of special equipment; or the department responsible for such supervision and management fails to take immediate action upon receiving such reports. This pertains to the legal liability stipulated in Article 63 of this Law. Paragraph 1 of Article 63 of this Law stipulates that the department responsible for the supervision and management of the safety of special equipment, in the course of fulfilling its duties in accordance with the law, shall, upon discovering serious illegal acts or significant potential hazards that could lead to accidents involving such equipment, order the relevant entities to immediately cease such illegal activities and take measures to eliminate those hazards, and shall promptly report to the higher-level department responsible for the supervision and management of the safety of special equipment. The department responsible for the supervision and management of safety in special equipment, upon receiving such a report, shall take necessary measures to address it promptly. 7. Requiring special equipment manufacturing units that have already obtained permits in other places in accordance with the provisions of this law to obtain permits again, or requiring special equipment that has already passed inspections in other places in accordance with the provisions of this law to undergo inspections once more. This pertains to the legal liability stipulated in Article 64 of this law. Article 64 of this Law stipulates that the departments responsible for the supervision and management of the safety of special equipment at the local people’s congress levels shall not require special equipment manufacturing units that have already obtained permits in other places in accordance with the provisions of this Law to obtain permits again, nor shall they require such equipment to undergo re-inspection when it has already passed inspection in other places in accordance with the provisions of this Law. 8. Recommend, produce, or supervise the marketing of special equipment. This refers to the legal liability stipulated in Article 67 of this law, which states that \"the departments responsible for the supervision and management of the safety of special equipment, as well as their staff, shall not recommend, produce, or sell such equipment.\" 9. Disclosing trade secrets learned during the performance of duties. This pertains to the legal liability stipulated in Article 67 of this law, which states that \"the departments responsible for the supervision and management of the safety of special equipment, as well as their staff, have an obligation to keep confidential any trade secrets they become aware of in the course of performing their duties.\" “\"Trade secrets\" refer to technical and business information that is not known to the public, can bring economic benefits to entities under the supervision of administrative authorities, possesses practical value, and for which such entities have implemented confidentiality measures. 10. Failing to report a special equipment accident to the local people’s ** immediately upon receiving such a report, and failing to submit it as required by regulations. This is the legal liability stipulated in Paragraph 2 of Article 70 of this Law. In accordance with this provision, the departments responsible for the supervision and management of the safety of special equipment under the people’s governments at or above the county level shall, upon receiving a report of an accident, verify the situation as soon as possible, report it immediately to their own people’s government, and submit reports upward level by level in accordance with the regulations. If necessary, the department responsible for the safety supervision and management of special equipment may report accidents at a higher level. In cases of extremely serious or serious accidents, the department under the State Council responsible for the safety supervision and management of special equipment shall immediately report to the State Council and notify relevant departments such as the State Council’s department for work safety supervision and management. 11. Delaying, failing to report, giving false reports, or concealing accidents. Item 10 of this article imposes legal responsibilities regarding the reporting obligations of the departments responsible for the safety supervision and management of special equipment. The reporting obligations must be fulfilled in a timely, accurate, objective, and comprehensive manner; failure to meet these requirements may hinder the accident investigation as well as rescue and handling efforts. This is not only a requirement for the entity where the accident occurred and related entities, but also a requirement for the regulatory authorities. To this end, this provision specifically sets out the corresponding legal responsibilities for departments responsible for the safety supervision and management of special equipment in cases of delayed reporting, missed reporting, false reporting, or concealment of accidents. 12. Hindering accident rescue or accident investigation and handling. In accordance with the provisions of relevant articles such as Articles 70, 71, and 72 of this Law, in the event of an accident involving special equipment, the entity responsible for the accident shall take measures in accordance with the emergency plan and organize rescue efforts ; The people living in the area where the accident occurred **should, upon receiving reports of the accident, initiate emergency plans in accordance with the law, take emergency response measures, and organize emergency rescue efforts ; The relevant authorities shall organize an accident investigation team to conduct the investigation in accordance with the law. As the competent authority responsible for the supervision and management of the safety of special equipment, it is a basic requirement for law enforcement agencies to play an active leading role in organizing accident rescue and accident investigation and handling, rather than hindering the progress of such efforts. To this end, this provision sets out the corresponding legal responsibilities. 13. Other acts of abusing power, neglect of duty, or practicing favoritism and fraud. This is a fallback clause. ““Abuse of power” refers to **public officials exercising their powers in violation of the authorities and procedures stipulated by law** ; ““Neglect of duty” refers to failing to take one’s job seriously or responsibly ; ““Favoritism and malpractice” refers to violating the law out of personal bias or favoritism. The specific manifestations of the above three types of behaviors are varied and too numerous to list. However, they all constitute a lack of responsibility in one’s work and can easily lead to accidents or other serious consequences. Legal liability shall be pursued in accordance with this provision. III. Forms of legal liability 1. Order to make corrections. That is, for the aforementioned illegal acts committed by the departments responsible for the supervision and management of safety in special equipment and their staff, the higher-level authority of such departments shall order them to make corrections. 2. Impose administrative sanctions in accordance with the law. That is, the directly responsible supervisors and other persons directly liable shall be given sanctions in accordance with the law. It should be noted that: (1) The identification of \"the supervisors directly responsible and other persons directly liable\" can refer to the relevant provisions in Chapter 4, \"Acts of Administrative Law Enforcement Errors and Identification of Responsible Persons\", of the \"Measures for Supervision of Administrative Law Enforcement in Quality Supervision, Inspection, and Quarantine and for Holding Persons Liable for Errors in Administrative Law Enforcement\". (2) Administrative sanctions shall be imposed on the persons in charge who are directly responsible, as well as other persons directly liable, for the supervision and management of the safety of special equipment, and on the staff members of the departments responsible for such supervision and management. Such sanctions shall be imposed in strict accordance with the relevant provisions of the Civil Servants Law of the People’s Republic of China, the Administrative Supervision Law of the People’s Republic of China, and the Regulations on Sanctions for Civil Servants in Administrative Organs.

Submit a Project

**Looking for Chemical Technology, Equipment & Solutions?** No Registration Required Broader Platform Exposure | Global Chemical Service Provider Connections

Submit Request — Free Consultation

Disclaimer

This is an automated machine translation of the original thread. Some technical terms may have inaccuracies; the original text shall prevail. Click "View Original" at the top right to access the source page, which supports IP-based automatic real-time language translation. Please watch out for contact details and sales inducements to prevent fraud. All content and translations are for reference only, representing solely the poster's personal views. For enquiries, email service@hcbbs.com.