12 questions to help you understand Order No. 88 of the Work Safety Administration – it’s worth having!

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On June 8, the State Administration of Work Safety issued the \"Measures for the Management of Emergency Plans for Production Safety Accidents\" (Order No. 88 of the Administration), which came into effect on July 1. Today, we will use these 12 questions and answers to understand the details of Order No. 88. I. Under what circumstances is Order No. 88 applicable? The preparation, review, publication, filing, promotion, education, training, drills, evaluation, revision, and supervision of emergency response plans. II. What are the 5 principles of emergency plan management? Local jurisdiction as the main principle, hierarchical responsibility, categorized guidance, comprehensive coordination, and dynamic management. III. What emergency plans should enterprises prepare? Comprehensive emergency response plan – A comprehensive work plan formulated by production and business units to deal with various production safety accidents; it represents the overall procedures, measures, and framework of emergency response plans for addressing such accidents within the unit. Special emergency response plan – A specific work plan developed by production and business entities to deal with one or more types of production safety accidents, or to prevent such accidents in relation to important production facilities, major hazard sources, or significant events. On-site response plan – Emergency response measures formulated by production and operation units for specific locations, equipment, or facilities, depending on the different types of production safety accidents. IV. What requirements should emergency plans meet? 1. Provisions of relevant laws, regulations, rules and standards ； 2. The actual situation of work safety in this region, department, and organization ； 3. Risk analysis status of this region, department, and organization ； 4. The responsibilities of emergency response organizations and personnel are clearly defined, with specific implementation measures in place ； 5. There are clear and specific emergency procedures and response measures that are appropriate to its emergency response capabilities ； 6. There are clear emergency response measures in place to meet the needs of emergency response efforts in the respective region, department, or organization ； 7. The basic elements of the emergency plan are complete and thorough, and the information provided in the attachments to the plan is accurate ； 8. The content of the emergency plan is coordinated with relevant emergency plans. V. What tasks need to be carried out before formulating an emergency response plan? Accident risk assessment – a process that involves identifying the potential hazard factors associated with different types of accidents and their characteristics, analyzing the direct consequences as well as the secondary and derivative consequences that may arise from such accidents, assessing the severity and scope of these consequences, and proposing measures to prevent and control accident risks. Emergency resource assessment – a process of conducting a comprehensive investigation into the emergency resources that are available for use immediately within the local area or the organization, as well as those resources in neighboring areas from which assistance can be sought; this is followed by formulating emergency response measures based on the results of accident risk assessment. VI. Which enterprises’ emergency response plans need to be reviewed, and review minutes need to be prepared? Mining enterprises, metal smelting and construction enterprises, as well as enterprises that produce and handle flammable and explosive substances and **chemicals (including those with storage facilities), storage enterprises, chemical enterprises that use **chemicals in quantities exceeding the specified limits, enterprises that produce and wholesale fireworks, and other enterprises of medium size or larger. VII. What aspects should be considered when reviewing emergency response plans? Those participating in the review of emergency response plans should include experts in safety production and emergency management. Reviewers who have an interest relationship with the production or operation entity whose emergency plan is under review shall recuse themselves. VIII. What are the requirements for filing emergency response plans? What documents need to be submitted for registration? Enterprises shall, within 20 working days from the date of publication of the emergency plan, complete the notification filing in accordance with the following provisions. For specific details, please refer to Article 26 of Order No. 88 issued by the State Administration of Work Safety. 1. The documents to be submitted for registration include: 2. Emergency plan registration application form ； 3. Comments on the review or validation of the emergency response plan ； 4. Emergency plan text and electronic document ； 5. Risk assessment results and emergency resource inventory list. IX. How often should emergency plans be evaluated? Mines, metal smelting and construction enterprises, as well as enterprises that produce, operate or store hazardous materials such as flammable and explosive substances and chemicals; chemical enterprises that use chemicals in quantities specified by regulations; fireworks production and wholesale enterprises; and other production and operation units of medium size or larger, shall conduct an assessment of their emergency response plans every three years. X. How often should emergency response plans be drilled? Production and operation units shall formulate their own emergency plan drill plans. Based on the characteristics of the accident risks associated with their operations, they shall organize at least one comprehensive emergency plan drill or a specialized emergency plan drill each year, and at least one on-site response plan drill every six months. XI. Under what circumstances should emergency plans be revised and archived in a timely manner? In the event of significant changes in the relevant provisions of laws, regulations, rules, standards, and higher-level plans applicable hereunder ； 1. Adjustments to the emergency command structure and its responsibilities ； 2. Significant changes have occurred in the accident risks faced ； 3. Significant changes occur in key emergency resources ； 4. Changes occur in other important information specified in the plan ； 5. Issues identified during emergency drills and accident rescue operations that require revision ； 6. Other circumstances that the compiling unit deems should be revised. XII. What are the problems in corporate emergency response plans that can result in legal liability? What legal responsibilities shall be assumed? In any of the following circumstances, an order shall be issued to make corrections within a specified time limit, and a fine of up to 50,000 yuan may be imposed ； If the violation is not corrected within the prescribed time, the entity shall be ordered to suspend operations for rectification, and a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed; in addition, a fine of not less than 10,000 yuan but not more than 20,000 yuan shall be imposed on the persons in charge who are directly responsible and other persons directly liable for the violation: 1. Failure to prepare an emergency response plan as required ； 2. Failing to organize emergency plan drills on a regular basis as required. In any of the following circumstances, an order shall be issued to make corrections within a specified time frame, and a fine of not less than 10,000 yuan but not more than 30,000 yuan may be imposed: failure to conduct risk assessment and investigation of emergency resources as required prior to the preparation of the emergency plan ； 1. Failing to conduct the review or evaluation of emergency response plans as required ； 2. Failing to file the emergency plan as required ； 3. In cases where the accident risk may affect surrounding units and individuals, the nature of the risk, its scope of impact, and the emergency prevention measures were not communicated to those surrounding units and individuals ； 4. Failing to conduct emergency plan assessments as required ； 5. Failure to revise the emergency plan in accordance with regulations and re-file it ； 6. Failure to provide the emergency supplies and equipment specified in the emergency plan.