Ningxia Hui Autonomous Region, Working In Confined Spaces Safety Supervision And Administration

Original Language Title: 宁夏回族自治区有限空间作业安全生产监督管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384580.shtml

Ningxia Hui autonomous region, working in confined spaces safety supervision and administration

    (December 3, 2012 people's Government of Ningxia Hui autonomous region, the 126th Executive Meeting December 3, 2012, people's Government of Ningxia Hui autonomous region, the 50th release come into force February 1, 2013) Chapter I General provisions

    First in order to strengthen the supervision and management of working in confined spaces, safety of the effective protection of workers, in accordance with the People's Republic of China Law of safety production and the safety regulations and other laws and regulations of the Ningxia Hui autonomous region, combined with this practice, these measures are formulated.

    Article autonomous region within the administrative area of the production and business operation entities engaged in confined space work and the supervision of production safety management activities, these measures shall apply.

    Article III limited space in these measures refers to closed or partially closed, relatively isolated from the outside world, and import and export restrictions was not designed as a fixed workplace, natural ventilation, easy to form toxic and hazardous, flammable and explosive substances accumulate or insufficient oxygen content space, including septic tank (well), biogas, manure, abandoned wells, sewerage and so on.

    Fourth production safety supervision and management departments of the people's Governments above the county level working in confined spaces within their respective administrative areas implementation of integrated supervision.

    Economic and information technology, housing construction, agriculture and animal husbandry departments shall, in accordance with their respective responsibilities, within the scope of their duties to supervise working in confined spaces.

    Fifth production and business operation entity is the main responsibility of confined space safety, perform his primary responsibility for work safety in confined spaces.

    Sixth the people's Governments above the county level shall work safety supervision and management departments should strengthen the publicity and education of confined space safety, help the public understand the safety of working in confined spaces.

    Chapter II working in confined space safety

    Before the seventh production and business operation entities for working in confined spaces, should be reviewed by the head of unit responsible for the safety of without approval, no person shall, for working in confined spaces.

    Eighth production and business operation entity before the implementation of working in confined spaces should have clear heads, guardians and operations people shall not be implemented without the guardian jobs.

    Head of the Nineth job site, guardian and work people job security bear the following responsibilities:        

    (A) the charge must confirm, guardian jobs people, work environment, operating procedures, protective equipment and emergency rescue operations security matters for compliance and should grasp the job changes in a timely manner, when jobs must be terminated when the circumstances do not meet the requirements of a job, in case of emergency for immediate relief.

    (B) the guardian shall enter the registration of workers, leaving limited space, make sure you work in full withdrawal; supervision and inspection personnel protective equipment and the correct use of supervising workers regularly go out to breathe; effective communication with workers during a job, continuously monitoring; must be issued in a timely manner when an emergency evacuation warning and emergency relief.

    (C) the operation shall comply with the rules, the proper use of safety equipment and personal protective equipment, with guardian jobs, alarm, evacuation information for effective communication, time out for air, subject to the guardian management.

    Article tenth confined space operations, production and business operation entity shall be according to the work site and the surrounding environment, detection and analysis of finite space height (depth), parts of the different possible toxic hazards, and organize relevant departments to assess the test results, and developing programmes to eliminate and control hazards and ensure safe during the entire job.

    11th inspection personnel should be based on national and State standards on the working environment of oxygen concentrations, toxic gas concentration, the concentration of flammable gases, dust concentration value indicators for testing.

    Implementation testing, inspection staff should be in a safe environment, and ready for testing, such as time, place, type of gas and to detect records test results shall be notified or copy job field, guardian, the head of who.

    12th evaluators should be based on national and State standards, to assess the hazards of working environment, and developing programmes to eliminate and control hazards.

    13th production and business operation entity before and during the work in limited space, mandatory continuing ventilation measures should be taken to keep the air circulating and reduce operational risk.

    Oxygen content above is strictly prohibited 23.5% of air or pure oxygen to ventilate.

    14th production and business operation entity shall be set in the confined space entry point prominent warning signs, and prevent unauthorized access to the job site.

    15th production and business operation entities shall formulate working in confined spaces safety emergency rescue plan, the rescue personnel and duties, implementation of rescue equipment, and regular plan drilling to increase emergency response capacity.

    Working in confined spaces when the accident occurred, the guardian, and other personnel should be an alarm, rescue workers should do their own protection, properly equipped and qualified breathing apparatus, rescue equipment, so as to avoid enlarging.

    Article 16th after working in confined space accident, production and business operation entity shall, in accordance with relevant regulations of the State and the autonomous communities, promptly to the county people's Governments above, work safety supervision and management departments and related departments in charge of industry report.

    Chapter III administration working in confined space safety

    17th production and business operation entities for working in confined spaces, subject to the following conditions:

    (A) have a sound safety management system and operating rules;

    (B) set up and equipped with production management, production safety management staff;

    (C) safety inputs conform to the safety requirements;

    (D) safety control technologies (detection) and emergency rescue skills;

    (E) is equipped in line with national standards or trade standards practitioners of PPE;

    (F) the laws, rules, regulations and national standards or other safety conditions specified in industry standards.

    Qualified services, communication, hazardous chemicals, medicine, chemical industry, metallurgy, light industry, working in confined spaces, such as concentration of production and business operation entity, it shall establish a professional construction team engaged in confined space work.

    18th production and business operation entities when security conditions are not capable of working in confined spaces, may not organize construction, shall entrust to the corresponding conditions of units.

    The production and business operation entities entrusted to contractors when working in confined spaces should be rigorous contract management, standardized contract, shall not project to units and individuals who do not meet the safety requirements. 19th production and business operation entities when working in confined spaces and the employer should be dedicated safety management agreement with the contractor, or specified in the contract safety management in their respective duties.

    When there is more than one contractor, production and business operation entity contractor safety should be unified coordination and administration.

    Contractor shall strictly observe the security protocols and compliance with operating rules prohibited illegal command, illegal operations. Article 20th multiple production and business operation entities entering the same limited space, the production and business operation entities operating procedures should be coordinated to ensure jobs do not pose a threat to security of other operators.

    Prohibition of simultaneous conflicting operation of intersection and avoid accidents.

    21st production and business operation entities working in confined spaces should be the scene of heads, guardians who carry out safety education and job training.

    Conditions of production and business operation entities do not have training, training shall entrust a qualified training institutions.

    Training personnel of agencies engaged in confined space work and managed in accordance with the relevant provisions of the State and the autonomous communities.

    22nd article except national legal, and regulations has into special job personnel management of personnel outside, where engaged in of manure pool (well), and digester, and manure well, and abandoned wells, and sewer and subsidiary structures (containing dirt wells, and rain well, and upgrade well, and gate well, and set pool,) run, and maintenance, and maintenance, and cleanup, underground limited space job activities of site job personnel and guardianship personnel, should after security technology training made special job operation qualification certificate party can induction job.

    23rd working in confined spaces in the production and business operation entity shall, in accordance with relevant regulations of the State, regularly operating personnel of the occupational physical examination of the unit's limited space.

    Suffering from epilepsy, tuberculosis, emphysema, pulmonary heart disease contraindications and other confined space work shall not be engaged in confined space work. Article 24th limited space production and business operation entity shall be equipped with isolation of respiratory protective equipment, emergency communication and alarm equipment, rapid detection devices, high-power ventilation equipment, metal-cutting equipment, emergency lighting, safety ropes, lifelines, safety ladders and other equipment.

    Respiratory protective equipment shall comply with the relevant national and State standards.

    Protective equipment and emergency rescue equipment should be properly safeguarded and regular inspection and maintenance, replacement, to ensure equipment normal use.

    The fourth chapter penalty

    25th production and business operation entities for working in confined spaces, in violation of these rules, any of the following circumstances, the people's Governments above the County work safety supervision and management departments in a warning, and a fine of less than 5,000 yuan and 10,000 Yuan:

    (A) the failure to establish and implement a limited space and approval system;

    (B) is not in the job before the inspection and assessment of the risk factors;

    (C) does not work for ventilation of the workplace.

    26th production and business operation entities for working in confined spaces, in violation of these rules, any of the following acts, the people's Governments above the County work safety supervision and management departments rectification; fails to rectify, order to suspend for rectification, and a fine of 5,000 yuan and 20,000 yuan of the following:

    (A) is not in accordance with the requirement of production management or equipped with safety Manager;

    (B) the employees that are not in accordance with regulations for working in confined spaces safety education and training;       
(C) special operations personnel of posts without qualifications.

    27th production and business operation entities for working in confined spaces, in violation of these rules, any of the following acts, the people's Governments above the County work safety supervision and management departments rectification; fails to mend, in accordance with the People's Republic of China work safety law, the Ningxia Hui autonomous region, safety regulations and other relevant laws and regulations for punishment:

    (A) insufficient investment in production which does not have the conditions for safe production;

    (B) failing to provide practitioners with national standard or industry standard labor protection articles;

    (C) working in confined spaces and the employer does not have the safety conditions or qualified entities or individuals;

    (D) two or more production and business units operating in the same region may endanger the safety of the other production and operation activities, did not sign the safe production management protocol or does not specify a full-time safety Manager for security checks and coordination;

    (E) the production and business operation entity has not obtained the training certificate, training activities for personnel engaged in special operations in confined spaces without authorization;

    (F) formulation of working in confined spaces and drills on emergency and regular plans;

    (G) after the accident was not reported in accordance with relevant regulations of the State and the autonomous communities.

    28th article violates these rules, responsible for production safety supervision and management departments of personnel who abuse their powers, neglect their duties, engages, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    29th a party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    The party fails to apply for administrative reconsideration and administrative litigation, and also does not fulfill the penalty decision, work safety supervision and management departments to make penalty decisions apply to the people's Court for compulsory execution.

    The fifth chapter by-laws 30th article this way come into force February 1, 2013.