The Ministry of Emergency Management announced a number of typical cases of administrative penalties
According to the website of the Ministry of Emergency Management, in order to urge industrial and commercial enterprises to deeply learn from recent accidents, strictly implement the "Safety Regulations for Limited Space Operations in Industrial and Commercial Enterprises", continue to strengthen the prevention and control of risks such as poisoning and suffocation in limited space operations, and continuously improve the inherent safety level of enterprises, the Ministry of Emergency Management recently announced a number of administrative penalty cases involving major accident hazards and typical illegal acts in limited space operations of industrial and commercial enterprises.
Case1: On July 6, 2024, administrative law enforcement personnel of the Emergency Management Bureau of Beichen District, Tianjin, conducted an enforcement inspection on a certain vegetable oil limited liability company in Tianjin and found that the company did not set up obvious safety warning signs at conspicuous locations such as the entrance and exit of the limited space as required, and did not perform regular maintenance, maintenance and regular inspection of gas detection alarm instruments. The above-mentioned behavior violates Article 35 of the "Safety Production Law of the People's Republic of China" and Articles 11 and 13 of the "Safety Regulations for Limited Space Operations in Industrial and Commercial Enterprises". In accordance with Article 99, Item 1 of the "Safety Production Law of the People's Republic of China", Article 19, Item 1 and Item 2 of the "Safety Provisions for Limited Space Operations in Industrial and Trade Enterprises", and Article 53 of the "Administrative Penalties for Work Safety Violations", the Beichen District Emergency Management Bureau separately and jointly imposed penalties on the company's illegal acts, ordered the company to make corrections within a time limit, and imposed a fine of RMB 20,000.
Case 2:From May 21 to 23, 2024, the Emergency Management Department of the Inner Mongolia Autonomous Region conducted a special inspection on a pulp and paper limited liability company in Inner Mongolia and found that the company had not identified limited spaces in accordance with regulations and had not established a limited space management ledger. The above behavior violated the provisions of Article 6, Paragraph 1 of the "Safety Provisions for Limited Space Operations in Industrial and Trade Enterprises". In accordance with Article 21, Item 2 of the "Safety Provisions for Limited Space Operations in Industrial and Trade Enterprises", the Emergency Management Department of the Inner Mongolia Autonomous Region ordered the company to make corrections within a time limit and imposed a fine of RMB 20,000, and imposed a fine of RMB 3,000 on the company's directly responsible supervisor and other directly responsible persons.
Case 3:On April 8, 2024, when the administrative law enforcement officers of the Shanghai Minhang District Emergency Management Bureau conducted an enforcement inspection on a food company in Minhang District, they found that the company did not regularly maintain and service the emergency rescue equipment for confined space operations, and did not ensure that the emergency rescue equipment could be used normally. The above behavior violated the provisions of Article 13 of the "Safety Regulations for Confined Space Operations in Industrial and Trade Enterprises". In accordance with the provisions of Article 19, Item 2 of the "Safety Regulations for Confined Space Operations in Industrial and Trade Enterprises", the Minhang District Emergency Management Bureau ordered the company to make corrections within a time limit and imposed a fine of RMB 10,000.
Case 4:On January 15, 2024, when the Jiangning District Emergency Management Bureau of Nanjing City, Jiangsu Province conducted an enforcement inspection on a Nanjing Engineering Plastics Co., Ltd., it was found that the company did not apply for operation approval in accordance with regulations before implementing confined space operations. The above behavior violated the provisions of Article 7, Paragraph 3 of the "Safety Regulations for Confined Space Operations in Industrial and Trade Enterprises". In accordance with the provisions of Article 21, Item 3 of the "Safety Regulations for Limited Space Operations in Industrial and Trade Enterprises", the Jiangning District Emergency Management Bureau ordered the company to make corrections within a time limit and imposed a fine of RMB 9,000, and imposed a fine of RMB 18,000 on the company's directly responsible supervisor.
Case 5:On March 27, 2024, administrative law enforcement personnel of the Rugao City Emergency Management Bureau of Nantong City, Jiangsu Province, conducted an enforcement inspection on a certain container company in Nantong and found that the company did not conduct ventilation and gas detection as required when implementing limited space operations. The above behavior violated the provisions of Article 15, Item 3 of the "Safety Regulations for Limited Space Operations in Industrial and Trade Enterprises". In accordance with the provisions of Article 21, Item 4 of the "Safety Regulations for Limited Space Operations in Industrial and Trade Enterprises", the Rugao City Emergency Management Bureau ordered the company to make corrections within a time limit and imposed a fine of RMB 14,200, and imposed a fine of RMB 3,000 on the company's directly responsible supervisor.
Case 6:On June 7, 2024, administrative law enforcement personnel of the Emergency Management Bureau of Nanxun District, Huzhou City, Zhejiang Province received an off-site law enforcement platform warning about the illegal intrusion of personnel in the confined space of a certain Huzhou Textile Co., Ltd. By retrieving the monitoring of the off-site law enforcement platform, it was found that the company did not take anti-fall measures when implementing confined space operations, and the confined space operation supervisor did not perform job duties as required and did not implement confined space operation safety measures. The above-mentioned behavior violated the provisions of Article 5, paragraph 1 and Article 15, paragraph 1 of the "Safety Regulations for Confined Space Operations in Industrial and Trade Enterprises". In accordance with the provisions of Article 21, Item 1 of the "Safety Regulations for Confined Space Operations in Industrial and Trade Enterprises", the Nanxun District Emergency Management Bureau ordered the company to immediately stop confined space operations and imposed a fine of RMB 9,000, a fine of RMB 9,000 on the confined space operation supervisor, and a fine of RMB 2,000 on the operator.
Case 7: On March 25, 2024, administrative law enforcement officers of the Emergency Management Bureau of Dongchangfu District, Liaocheng City, Shandong Province, conducted an enforcement inspection on a certain food company in Liaocheng City and found that there was a sewage treatment pool about 2 meters deep at the company's production site, which should be included in the limited space management. The law enforcement officers then checked the limited space management files and asked the company's safety management personnel, and found that the company did not include the sewage treatment pool in the limited space management as required. The above behavior violates the provisions of Article 6, paragraph 1 of the "Safety Regulations for Limited Space Operations in Industrial and Trade Enterprises". In accordance with the provisions of Article 21, paragraph 2 of the "Safety Regulations for Limited Space Operations in Industrial and Trade Enterprises", the Dongchangfu District Emergency Management Bureau ordered the company to make corrections within a time limit and imposed a fine of RMB 10,000, and imposed a fine of RMB 2,500 on the company's directly responsible supervisor.
Case 8:On May 29, 2024, administrative law enforcement officers of the Emergency Management Bureau of Maoming City, Guangdong Province, conducted an enforcement inspection on a certain paper company in Maoming City and found that the company had not identified limited spaces such as transition pools, pulping machines, and pulp pools, had not established a limited space management ledger, and had not set up obvious safety warning signs at conspicuous locations such as the entrance and exit of limited spaces as required. The above-mentioned behavior violated Article 35 of the "Safety Production Law of the People's Republic of China", Article 6, paragraph 1, and Article 11 of the "Safety Regulations for Limited Space Operations in Industrial and Trade Enterprises". In accordance with Article 99, Item 1 of the "Safety Production Law of the People's Republic of China", Article 19, Item 1, and Article 21, Item 2 of the "Safety Regulations for Limited Space Operations in Industrial and Trade Enterprises", and Article 53 of the "Administrative Penalties for Work Safety Violations", the Maoming Emergency Management Bureau separately determined and combined penalties for the company's illegal acts, ordered the company to make corrections within a time limit, and imposed a fine of RMB 25,000, and imposed a fine of RMB 5,000 on the company's directly responsible supervisor and other directly responsible persons.
Case 9:On May 9, 2024, administrative law enforcement personnel from the Emergency Management Bureau of Luojiang District, Deyang City, Sichuan Province, conducted an enforcement inspection on a certain new material technology company in Deyang City and found that the company had not identified confined spaces such as sedimentation tanks, had not established a confined space management ledger, and had not set up obvious safety warning signs at conspicuous locations such as confined space entrances and exits as required. The above-mentioned behavior violated Article 35 of the "Safety Production Law of the People's Republic of China" and Article 6, paragraph 1 and Article 11 of the "Safety Regulations for Limited Space Operations in Industrial and Trade Enterprises". In accordance with Article 99, paragraph 1 of the "Safety Production Law of the People's Republic of China", Article 19, paragraph 1 and Article 21, paragraph 2 of the "Safety Regulations for Limited Space Operations in Industrial and Trade Enterprises", and Article 53 of the "Administrative Penalties for Work Safety Violations", the Luojiang District Emergency Management Bureau separately determined and combined penalties for the company's illegal acts, ordered the company to make corrections within a time limit, and imposed a fine of RMB 20,000, imposed a fine of RMB 1,000 on the company's directly responsible supervisor, and imposed a fine of RMB 2,000 on other directly responsible personnel.
Case 10:On April 24, 2024, administrative law enforcement personnel from the Hami City Emergency Management Bureau of the Xinjiang Uygur Autonomous Region conducted a law enforcement inspection on a bean industry company in Hami City and found that the concentration of hydrogen sulfide gas in the sewage well of the company's sewage treatment station reached 30.7ppm. The company did not identify the sewage well and other confined spaces, did not establish a confined space management ledger, and did not set up obvious safety warning signs at conspicuous locations such as the entrance and exit of the confined space as required. According to the provisions of Article 13, Item 1 of the "Criteria for Determining Major Accident Hazards in Industrial and Trade Enterprises", it was determined to be a major accident hazard. The above-mentioned behavior violated Article 35 of the "Work Safety Law of the People's Republic of China" and Article 6, Paragraph 1 and Article 11 of the "Safety Regulations for Confined Space Operations in Industrial and Trade Enterprises". In accordance with Article 99, Item 1 of the "Work Safety Law of the People's Republic of China", Article 19, Item 1 and Article 21, Item 2 of the "Safety Provisions for Limited Space Operations in Industrial and Trade Enterprises", and Article 53 of the "Administrative Punishment Measures for Work Safety Violations", the Hami City Emergency Management Bureau has separately determined and combined penalties for the company's illegal acts, ordered the company to make corrections within a time limit, and imposed a fine of RMB 7,000, and imposed a fine of RMB 1,000 on the company's directly responsible supervisor.