Production and operation units shall establish and complete and implement a system for the investigation and management of hidden dangers of production safety accidents, adopt technical and management measures, and promptly discover and eliminate hidden dangers of accidents, in this case as a "double random, one public" inspection, law enforcement personnel found that the enterprise's safety equipment did not meet the standards, illegal storage, use of dangerous goods, limited space there were risk factors, the enterprise and enterprise executives were eventually subject to administrative punishment.
Case review
On September 9, 2021, when the administrative law enforcement personnel of the Emergency Management Bureau of Huangshi City, Hubei Province inspected a Hubei aluminum company and found a total of 25 problems and hidden dangers in the company. The law enforcement personnel took photos and collected evidence on the hidden dangers of production safety in the company's factory on the spot, and made on-site inspection records and orders for rectification within a time limit. At the same time, in view of the hidden dangers of major accidents in the casting workshop (the temperature probe for leakage detection at the outlet of the high-temperature aluminum water of the fixed melting furnace is not put into use normally; The cooling water system inlet and outlet water temperature, inlet water pressure, inlet water flow monitoring and alarm device of the deep well casting crystallizer were not put into use normally, and the wiring was removed), and the "Decision on On-site Treatment Measures" was issued.
After investigation, the company had a total of 5 illegal acts: failing to take technical and management measures to discover and eliminate hidden dangers of accidents in a timely manner; Production, operation, transportation, storage, use of dangerous goods or disposal of discarded dangerous goods, failure to implement relevant laws, regulations, national standards or industry standards, establish a special safety management system, and take reliable safety measures; The design, manufacture, installation, use, testing, maintenance, transformation and scrapping of safety equipment do not comply with national standards or industry standards; Failure to establish a limited space management ledger in accordance with regulations, failure to detect dangerous and harmful factors in limited space operations; Metal dust such as aluminum and magnesium is not removed by negative pressure, and no dust cleaning system has been established in dust explosion hazardous places. On September 15, 2021, the Huangshi Emergency Management Bureau opened a case for investigation into the company's illegal acts in accordance with the law. On September 17, 2021, the law enforcement personnel of the Huangshi Emergency Management Bureau conducted an on-site audit (review) of the rectification of major hidden dangers in the melting and casting workshop according to the application of a Hubei aluminum industry Co., Ltd., and the problems involved (hidden dangers) have been rectified, and the inspection team agreed to resume production in the melting workshop.
✎ Offence.
The installation, use, testing and maintenance of some safety equipment of a Hubei aluminum company does not meet national standards or industry standards, mainly because the liquefied gas warehouse is not equipped with leakage detection alarm devices; The sulfuric acid storage tank is not equipped with a level gauge, the gap between the guardrail of the operating platform on the top of the tank is too large, there are holes in the cofferdam, and the normally closed sewage valve is not installed; Some natural gas pipeline pressure gauges have not been installed, and compressed air storage tank pressure gauges have not been inspected beyond the time limit; The cooling water system inlet and outlet water temperature, inlet water pressure, inlet flow monitoring and alarm device of the deep well casting crystallizer were not put into normal use (the wiring was removed), and its behavior violated the provisions of the first paragraph, second paragraph and third paragraph of Article 36 of the Work Safety Law of the People's Republic of China. Enterprises storing and using dangerous goods and failing to implement relevant laws, regulations, national standards or industry standards to take reliable safety measures violate the provisions of the second paragraph of Article 39 of the Work Safety Law of the People's Republic of China. The enterprise failed to take technical and management measures to discover and eliminate the hidden dangers of accidents in a timely manner, which violated the provisions of the second paragraph of Article 41 of the Work Safety Law of the People's Republic of China. The enterprise did not establish a limited space management ledger, and did not analyze the existing dangerous and harmful factors before the limited space operation, which violated the provisions of Articles 7 and 8 of the Interim Provisions on the Safety Management and Supervision of Limited Space Operations of Industrial and Trade Enterprises. The explosion-related dust of the enterprise is limited by the process conditions, and when the positive pressure method is used, reliable measures to prevent ignition sources are not taken, and the dust cleaning system of dust explosion hazardous places is not implemented, which violates the provisions of the first paragraph of Article 15 and the first paragraph of Article 18 of the "Dust Explosion-proof Safety Regulations for Industrial and Trade Enterprises".
Huang, the supervisor directly responsible for the enterprise, failed to urge the relevant personnel of the enterprise to establish a limited space management ledger in accordance with the regulations, supervise and correct the behavior of failing to detect dangerous and harmful factors in accordance with the provisions before the limited space operation, and the illegal behavior of failing to perform the safety production management duties violated the provisions of Articles 7 and 8 of the Interim Provisions on the Safety Management and Supervision of Limited Space Operations of Industrial and Trade Enterprises.
✎ Dispose.
In accordance with Items 2, 3 and 4 of Article 99 of the Work Safety Law of the People's Republic of China, an administrative penalty of RMB 20,000 was imposed on a Hubei aluminum company Co., Ltd.; In accordance with the provisions of Item 1 of Article 101 of the Work Safety Law of the People's Republic of China, an administrative penalty of RMB 40,000 was imposed on a Hubei aluminum company Co., Ltd.; According to Article 102 of the Work Safety Law of the People's Republic of China, an administrative penalty of RMB 20,000 was imposed on a Hubei aluminum industry limited company; According to the provisions of Items 1 and 3 of Article 30 of the Interim Provisions on the Safety Management and Supervision of Limited Space Operations of Industrial and Trade Enterprises, an administrative penalty of RMB 10,000 was imposed on a Hubei aluminum company and an administrative fine of RMB 1,000 was imposed on Huang, the directly responsible supervisor; According to Article 29 of the "Safety Regulations on Dust Explosion Prevention in Industrial and Trade Enterprises", an administrative penalty of RMB 20,000 was imposed on a Hubei aluminum industry co., LTD.
In summary, the merger imposed an administrative penalty of RMB 110,000 on a Hubei aluminum company Co., Ltd.; An administrative fine of RMB 1,000 was imposed on Huang, the directly responsible supervisor.
✎ Parlance.
Wei Xiaoqing, Emergency Management Bureau of Huangshi City, Hubei Province
Administrative penalties for failure of production and business units to eliminate hidden dangers of accidents 00:45
✎ Statutes
Paragraphs 1, 2 and 3 of Article 36 of the Work Safety Law of the People's Republic of China The design, manufacture, installation, use, testing, maintenance, transformation and scrapping of safety equipment shall comply with national or industry standards.
Production and operation units must carry out regular maintenance and maintenance of safety equipment, and regularly test them to ensure normal operation. Maintenance, maintenance and testing shall be recorded and signed by relevant personnel.
Production and operation units shall not close or destroy monitoring, alarm, protection or life-saving equipment and facilities directly related to production safety, or tamper, conceal or destroy their relevant data and information.
Paragraph 2 of Article 39 of the Work Safety Law of the People's Republic of China Production and business units producing, operating, transporting, storing, using dangerous goods or disposing of discarded dangerous goods must implement relevant laws, regulations, national standards or industry standards, establish a special safety management system, adopt reliable safety measures, and accept the supervision and management implemented by the relevant competent departments in accordance with law.
Paragraph 2 of Article 41 of the Work Safety Law of the People's Republic of China Production and trading units shall establish, complete and implement a system for investigation and management of hidden dangers of production safety accidents, adopt technical and management measures, and promptly discover and eliminate hidden dangers of accidents. The investigation and treatment of hidden dangers of accidents shall be truthfully recorded, and employees shall be notified through methods such as employee assemblies or employee representative assemblies, information bulletin boards, etc. Among them, the investigation and treatment of hidden dangers of major accidents shall be reported to the department responsible for supervision and management of production safety and the employee assembly or the employee representative assembly in a timely manner.
Items 2, 3 and 4 of Article 99 of the Work Safety Law of the People's Republic of China Where a production or business operation unit commits any of the following acts, it shall be ordered to make corrections within a time limit and shall be fined not more than 50,000 yuan; where corrections are not made within the time limit, a fine of between 50,000 and 200,000 RMB is given, and a fine of between 10,000 and 20,000 RMB is imposed on the directly responsible managers and other directly responsible personnel; where the circumstances are serious, it shall be ordered to suspend production and business for rectification; Where a crime is constituted, criminal responsibility shall be pursued in accordance with the relevant provisions of the Criminal Law: (2) The installation, use, testing, transformation, and scrapping of safety equipment do not conform to national or industry standards; (3) Failure to carry out regular maintenance, maintenance, and periodic testing of safety equipment; (4) Closing or destroying monitoring, alarming, protection, or life-saving equipment or facilities directly related to production safety, or altering, concealing, or destroying relevant data or information.
Item 1, Article 101 of the Work Safety Law of the People's Republic of China Where a production or business unit commits any of the following acts, it shall be ordered to make corrections within a time limit and shall be fined not more than 100,000 yuan; where corrections are not made within the time limit, it shall be ordered to suspend production and business for rectification, and a fine of between 100,000 and 200,000 yuan shall be imposed, and a fine of between 20,000 and 50,000 yuan shall be imposed on the directly responsible managers and other directly responsible personnel; Where a crime is constituted, criminal responsibility shall be pursued in accordance with the relevant provisions of the Criminal Law: (1) Production, trading, transportation, storage, or use of dangerous goods, or disposal of discarded dangerous goods, without establishing a special safety management system or adopting reliable safety measures.
Article 102 of the Work Safety Law of the People's Republic of China Where a production or business operation unit fails to take measures to eliminate the hidden danger of an accident, it shall be ordered to eliminate it immediately or within a time limit, and shall be fined not more than 50,000 yuan; If the production and operation unit refuses to carry out the law, it shall be ordered to suspend production and business for rectification, and its directly responsible supervisors and other directly responsible personnel shall be fined between 50,000 and 100,000 yuan; Where a crime is constituted, criminal responsibility shall be pursued in accordance with the relevant provisions of the Criminal Law.
Article 7 of the Interim Provisions on the Safety Management and Supervision of Limited Space Operations of Industrial and Trade Enterprises Industrial and trade enterprises shall identify the limited space of the enterprise, determine the number, location and dangerous and harmful factors of the limited space, establish a limited space management ledger, and update it in a timely manner.
Article 8 of the Interim Provisions on the Safety Management and Supervision of Limited Space Operations of Industry and Trade Enterprises Before implementing limited space operations, industrial and trade enterprises shall assess the operating environment, analyze the existing dangerous and harmful factors, propose measures to eliminate and control hazards, formulate a limited space operation plan, and review it by the enterprise's safety production management personnel and approve it by the person in charge.
Items 1 and 3 of Article 30 of the Interim Provisions on the Safety Management and Supervision of Limited Space Operations of Industrial and Trade Enterprises In any of the following circumstances, the production safety supervision and management department at or above the county level shall order corrections within a time limit, and may impose a fine of not more than 30,000 yuan, and its directly responsible managers and other directly responsible personnel shall be fined up to 10,000 yuan: (1) failing to identify limited space operations, propose preventive measures, and establish a limited space management ledger in accordance with these Provisions; (3) Where limited space operations fail to carry out detection or monitoring of dangerous and harmful factors in accordance with these Provisions, and carry out special supervision operations.
Article 15, Paragraph 1 of the "Dust Explosion Prevention Safety Provisions for Industrial and Trade Enterprises" Dust explosion-related enterprises shall, in accordance with the "Dust Explosion Prevention Safety Regulations" and other relevant national standards or industry standards, set up the dust removal system in dust explosion hazardous places relatively independently according to different process sub-regions, combustible dust shall not share a dust removal system with combustible gas and other media that are easy to aggravate the explosion risk, and the dust removal systems of different fire prevention zones shall not be interconnected. Process equipment with dust explosion risk shall adopt one or more explosion control measures such as explosion relief, explosion proof, inerting, explosion suppression, and explosion resistance, but shall not take explosion proof measures alone. It is forbidden to use dust settling chamber dust removal or use roadway structures as dust removal air ducts. Metal dust such as aluminum and magnesium should be removed by negative pressure, other dust is limited by process conditions, and reliable measures to prevent ignition sources should be taken when blowing by positive pressure.
Paragraph 1, Article 18 of the Provisions on the Safety of Dust Explosion Prevention in Industrial and Trade Enterprises Dust-related explosion-related enterprises shall, in accordance with relevant national or industry standards such as the Dust Explosion Safety Regulations, formulate and strictly implement the dust cleaning system for dust explosion hazardous places, clarify the cleaning scope, cleaning cycle, cleaning method and responsible personnel, and post them in conspicuous positions in relevant dust explosion hazardous places. Relevant responsible personnel shall regularly clean up the dust and record it truthfully to ensure that the dust operation areas and equipment and facilities that may accumulate dust are comprehensively and promptly cleaned up. The dust operation area should be cleaned up every shift.
Article 29 of the "Safety Provisions on Dust Explosion Prevention in Industrial and Trade Enterprises" If a dust-related explosion-related enterprise violates the provisions of Articles 14, 15, 16, 18 and 19 of these Provisions, and at the same time constitutes a hidden danger of accident, and fails to take measures to eliminate it, in accordance with the relevant provisions of the "Work Safety Law of the People's Republic of China", the department responsible for the safety supervision of dust-related explosion-related enterprises shall order it to be eliminated immediately or within a time limit, and shall be fined not more than 50,000 yuan; If the enterprise refuses to carry out the law, it shall be ordered to suspend production and business for rectification, and its directly responsible managers and other directly responsible personnel shall be fined between 50,000 and 100,000 yuan; Where a crime is constituted, criminal responsibility shall be pursued in accordance with the relevant provisions of the Criminal Law.
Source: Ministry of Emergency Management of the People's Republic of China