Recently, the 28th ministerial meeting of the Ministry of Emergency Management deliberated and adopted the Regulations on Safety of Limited Space Operations in Industrial and Trade Enterprises (hereinafter referred to as the Regulations), which will come into effect on January 1, 2024.
The Regulations make it clear that the principal person in charge of an industrial and trade enterprise is the first person responsible for the safety of limited space operations, and should organize and formulate a safety management system for limited space operations, clarify the responsibilities of the approver, guardian and operator of limited space operations, and formulate a safety management system for limited space operations. As well as safety training, operation approval, protective equipment, emergency rescue equipment, operating procedures and emergency disposal requirements.
The Regulations point out that industrial and trade enterprises should implement the guardianship system for confined space operations, specify full-time or part-time guardians, and be responsible for supervising the implementation of safety measures for confined space operations. Guardians should have the safety knowledge and emergency disposal ability suitable for supervising confined space operations, and be able to correctly use gas detection, mechanical ventilation, respiratory protection, emergency rescue and other supplies and equipment. If an
industrial and trade enterprise commits any of the following acts, it shall be ordered to make corrections within a time limit and be fined not more than 50,000 yuan; if it fails to make corrections within the time limit, it shall be fined not less than 50,000 yuan but not more than 200,000 yuan, and the person in charge directly responsible and other persons directly responsible shall be fined not less than 10,000 yuan but not more than 20,000 yuan; if the circumstances are serious, it shall be ordered to suspend production or business for rectification; If a crime is constituted, criminal liability shall be investigated in accordance with the relevant provisions of the Criminal Law:
(1) failing to set up obvious safety warning signs for confined space in accordance with the provisions;
(2) Failing to equip or use safety instruments, equipment, equipment and equipment for confined space operations that meet national or industrial standards in accordance with regulations, or failing to carry out regular maintenance, maintenance and regular testing of them. If an
industrial and trade enterprise commits any of the following acts, it shall be ordered to make corrections within a time limit and shall be fined not more than 100000 yuan; Those who fail to make corrections within the time limit shall be ordered to suspend production or business for rectification, and shall be fined not less than 100,000 yuan but not more than 200,000 yuan, and the persons directly in charge and other persons directly responsible shall be fined not less than 20,000 yuan but not more than 50,000 yuan:
(1) failing to carry out special safety training for confined space operations in accordance with regulations or failing to record the safety training truthfully;
(2) Failing to formulate on-site disposal plans for confined space operations in accordance with regulations or failing to organize drills in accordance with regulations. In case of any of the following circumstances in
violation of these Provisions, the industrial and trade enterprise shall be ordered to make corrections within a time limit, a fine of not more than 50,000 yuan shall be imposed on the enterprise, and a fine of not more than 10,000 yuan shall be imposed on the directly responsible person in charge and other directly responsible persons:
(1) The enterprise is not equipped with a guardian, or the guardian fails to perform his duties in accordance with the provisions;
(2) The limited space is not identified, or the limited space management account is not established;
(3) The examination and approval of the limited space operation is not implemented, or the operation does not implement the requirements of "ventilation first, then detection, and then operation";
(4) The ventilation and gas detection are not carried out as required.
The full text is as follows:
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