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

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This post was last edited by yinkuilin6868 on 2016-6-13 at 09:07. 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), 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 formulation, 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 ownership, 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 serves as the overall framework for the unit’s procedures, measures, and emergency response system for handling such accidents. Special emergency response plan – A specific 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, devices, 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 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 review of the emergency resources that are available for immediate use within the local area or the organization, as well as those that can be requested for assistance within the cooperative region; 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 materials and **chemicals (including those with storage facilities), storage enterprises, chemical enterprises that use **chemicals in quantities meeting **specified standards, fireworks production and wholesale enterprises, 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 work safety and emergency management. Reviewers who have an interest relationship with the production or operation entity whose emergency plan is being reviewed shall withdraw. 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, submit a notification for record-keeping 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 practiced? Production and operation units shall formulate their own emergency plan drill plans, and based on the characteristics of the accident risks associated with them, organize at least one comprehensive emergency plan drill or a specialized emergency plan drill each year, as well as 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 revisions ； 6. Other circumstances that the compiling unit deems should be revised. XII. What problems exist 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 shall also be fined between 50,000 yuan and 100,000 yuan; the directly responsible managers and other persons directly liable shall be fined between 10,000 yuan and 20,000 yuan. 1. Failing 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 limit, 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 emergency resource surveys 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 evaluations as required ； 5. Failing 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.