Today, the Ministry of Emergency Management of the people's Republic of China issued the Safety regulations on Dust explosion Prevention in Industrial and Trade Enterprises, which will come into effect on September 1, 2021.
The original text is as follows:
Safety regulations on dust explosion protection in industrial and trade enterprises
Chapter I General provisions
Article 1 in order to strengthen the safety work of dust explosion prevention in industrial and trade enterprises, prevent and reduce dust explosion accidents, and ensure the life safety of employees, these provisions are formulated in accordance with the Law of the people's Republic of China on production Safety and other laws and regulations.
Article 2 these provisions shall apply to the dust explosion prevention and safety work of metallurgical, non-ferrous, building materials, machinery, light industry, textile, tobacco, trade and other industrial and trade enterprises (hereinafter referred to as dust explosion-related enterprises) that are in danger of combustible dust explosion.
Article 3 the term "combustible dust" as mentioned in these provisions refers to dust, fiber or flying catkins that can react violently with gaseous oxidants (mainly air) under atmospheric conditions.
The dangerous place of dust explosion as mentioned in these provisions refers to the place where combustible dust and gaseous oxidizer (mainly air) exist, which can be divided into different dangerous areas according to the frequency or duration of explosive environment.
Article 4 Dust explosion-related enterprises shall bear the main responsibility for dust explosion prevention and safety work, and shall have the conditions for dust explosion prevention and safety production as stipulated in relevant laws and regulations, national standards or industry standards, establish and improve the whole staff responsibility system for production safety and relevant rules and regulations, strengthen the standardization and information construction of production safety, and build a dual prevention mechanism of safety risk graded control and hidden danger investigation and treatment, Improve the risk prevention and resolution mechanism to ensure safety in production.
Article 5 the departments of the local people's governments at or above the county level responsible for the supervision and administration of production safety of dust explosion-related enterprises (hereinafter collectively referred to as the departments responsible for the safety supervision of dust explosion-related enterprises) shall, in accordance with the duties prescribed by the people's governments at the corresponding levels and in accordance with the principle of territorial classification, to supervise and administer the dust explosion prevention and safety work of dust explosion-related enterprises in their respective administrative areas.
The emergency management department under the State Council shall strengthen guidance and supervision.
Chapter II guarantee of production Safety
Article 6 the main person in charge of the dust explosion-related enterprise shall be the first responsible person for the dust explosion-proof safety work, and other responsible persons shall be responsible for the dust explosion-proof safety work within the scope of their respective duties.
The dust explosion-related enterprises shall clearly define the dust explosion prevention safety responsibilities of the principal responsible persons, the responsible persons of relevant departments, the responsible persons of the production workshop and the dust workers in the production safety responsibility system of their own units.
Article 7 Enterprises involved in dust explosion shall, in the light of the actual situation of the enterprise, establish and implement a safety management system for dust explosion prevention. The dust explosion-proof safety management system shall include the following contents:
(1) risk identification, assessment and control of dust explosion;
(2) investigation and treatment of hidden dangers of dust explosion accidents;
(3) rules for safe operation of dust work posts;
(4) special safety production education and training for dust explosion prevention;
(5) dust cleaning and disposal;
(6) the operation, maintenance, overhaul and maintenance management of the dust removal system and related safety facilities and equipment;
(7) Emergency handling and rescue of dust explosion accidents.
Article 8 Dust explosion-related enterprises shall organize relevant persons in charge of production, equipment, safety management, dust work posts and other relevant employees involved in dust explosion prevention to conduct special safety production education and training on dust explosion prevention, so as to make them understand the explosion risks existing in workplaces and workplaces, and master dust explosion accident prevention and emergency measures; those who have not passed the education and training shall not be allowed to work.
Dust explosion-related enterprises shall truthfully record the time, content and assessment of the special safety production education and training for dust explosion prevention, which shall be included in the staff education and training files.
Article 9 Dust explosion-related enterprises shall provide employees of dust work posts with labor protection articles in line with national standards or industry standards, and supervise and educate employees to wear and use them in accordance with the rules of use.
Article 10 Enterprises involved in dust explosion shall formulate emergency rescue plans for dust explosion accidents and organize regular drills in accordance with the law. After a fire or dust explosion accident, the dust explosion-related enterprise shall immediately initiate emergency response and evacuate all operators to safe places, and shall not adopt emergency disposal measures that may cause dust.
Article 11 Enterprises involved in dust explosion shall periodically identify the dangerous factors of dust explosion, such as dust clouds and ignition sources, determine the location and scope of dangerous places of dust explosion, and according to the characteristics of dust explosion and the number of workers involved in powder and other key elements, assess and determine the safety risk level of the relevant hazardous sites, formulate and implement control measures, clarify responsible departments and responsible personnel, and establish a safety risk list. Maintain the information files of safety risk identification, assessment, management and control process in a timely manner.
Enterprises involved in dust explosion shall set up safety warning signs in the processes, sites, facilities, equipment and posts with relatively high risk factors for dust explosion.
If there is a change in the process, site, facilities and equipment related to the risk of dust explosion, the dust explosion-related enterprise shall re-conduct safety risk identification and assessment.
Article 12 Dust explosion-related enterprises shall, in accordance with the relevant national standards or industry standards such as the Dust explosion Prevention Safety regulations, and combined with the risk control measures of dust explosion, establish a list of hidden dangers of accidents, clarify and refine the investigation items, specific contents, inspection cycle and responsible personnel, organize and carry out the investigation and treatment of hidden dangers in a timely manner, truthfully record the investigation and treatment of hidden dangers, and inform the employees.
If the hidden danger of a major accident stipulated in the standard for judging the hidden danger of a major accident in the industrial and trade industry is constituted, a management plan shall be formulated in accordance with the relevant provisions, measures, responsibilities, funds, time limit and emergency plan shall be implemented, and the hidden danger of the accident shall be eliminated in time.
Article 13 the design and construction of safety facilities for new construction, reconstruction and expansion of engineering projects involving the danger of dust explosion in dust explosion-related enterprises shall be in accordance with the relevant national or industry standards such as the Dust explosion Prevention Safety regulations, the relevant contents of dust explosion prevention shall be clearly defined in the design documents and construction plans of safety facilities.
The designer shall be responsible for the design related to the dust explosion protection of the safety facilities, and the construction unit shall carry out the construction in accordance with the design and be responsible for the construction quality.
Article 14 the structure and layout of the buildings (structures) of dust explosion-related enterprises where there are dangerous places for dust explosion shall comply with the requirements of relevant national standards or industry standards such as the Dust explosion Prevention Safety regulations, and take measures such as fire, explosion and lightning protection. The roof of a single-story factory building shall generally adopt a light structure, a multi-storey factory building shall be a frame structure, and a pressure relief area that meets the requirements of the relevant standards shall be set.
Dust explosion-related enterprises shall strictly control the number of workers in the dangerous places of dust explosion, and staff dormitories, lounges, offices, conference rooms, etc., shall not be set up in the dangerous places of dust explosion. The fire prevention distance between the dangerous place of dust explosion and other factory buildings, warehouses and civil buildings shall comply with the provisions of the Code for Fire Prevention of Building Design.
Article 15 the dust explosion-related enterprises shall, in accordance with the relevant national standards or industry standards such as the Dust explosion Prevention Safety regulations, set up the dust removal systems in the dangerous places of dust explosion relatively independently in accordance with different processes. Combustible dust shall not share a set of dust removal systems with media that are easy to aggravate the danger of explosion, such as combustible gas, and dust removal systems in different fire prevention zones shall be prohibited from being interconnected. The technological equipment with the danger of dust explosion shall adopt one or more explosion control measures, such as explosion venting, flameproof, inerting, explosion suppression, explosion resistance, etc., but shall not take explosion insulation measures alone. It is forbidden to use dust settling chamber for dust removal or to use roadway structures as dust removal ducts. Aluminum, magnesium and other metal dust should be removed by negative pressure, and other dust is limited by technological conditions. When blowing with positive pressure, reliable measures should be taken to prevent ignition sources.
Dust explosion-related enterprises adopting dry dedusting systems shall, in accordance with the relevant national standards or industry standards such as the Dust explosion Prevention Safety regulations, and combined with the actual situation of the process, install and use devices such as lock gas unloading, spark detection extinguishment, wind pressure difference monitoring and other devices, as well as the monitoring and early warning information system of relevant safety equipment, to strengthen the real-time monitoring of dust explosion dangerous places where ignition sources and dust clouds may exist. The wet dedusting system of aluminum, magnesium and other metal dust shall install a liquid level and flow rate monitoring and alarm device interlocked with the polishing equipment, keep the workplace and the dust collector body well ventilated, prevent the accumulation of hydrogen, and clean up the precipitated dust mud in a timely and standardized manner.
Article 16 in view of the processes that are easy to produce mechanical ignition sources, such as crushing, grinding, granulation, sanding, etc., dust explosion-related enterprises shall standardize and take measures to prevent ignition sources, such as sundries removal or spark detection and elimination, clean up and maintain them regularly and keep relevant records.
Article 17 the design, manufacture, installation, use, testing, maintenance, transformation and scrapping of safety equipment related to dust explosion prevention, such as venting, flameproof, explosion suppression, inerting, gas locking and ash unloading, impurity removal, monitoring, alarm, spark detection and elimination, shall comply with the relevant national standards or industry standards such as the Dust explosion Prevention Safety regulations, The relevant design, manufacturing and installation units shall provide materials such as safety performance and use instructions of the relevant equipment, and shall be responsible for the safety performance of the safety equipment.
Dust explosion-related enterprises shall carry out regular maintenance and maintenance of dust explosion-proof safety equipment, and regularly test or inspect them in accordance with relevant national standards or industry standards such as the Dust explosion Protection Safety regulations, so as to ensure normal operation and make good relevant records, shall not close or destroy monitoring, alarm, prevention and control and other equipment and facilities that are directly related to dust explosion prevention safety, or tamper with, conceal or destroy their relevant data and information. Dust explosion-related enterprises shall standardize the selection of explosion-proof electrical equipment suitable for explosion dangerous areas.
Article 18 Dust explosion-related enterprises shall, in accordance with the relevant national standards or industry standards such as the Dust explosion Prevention Safety regulations, formulate and strictly implement the dust cleaning system in the dangerous places of dust explosion, clearly define the cleaning scope, cleaning cycle, cleaning methods and responsible personnel, and post them in conspicuous positions in the relevant dust explosion dangerous places. The relevant responsible personnel shall regularly clean up the dust and truthfully record it to ensure that the dust working areas and equipment and facilities that may accumulate dust are cleaned comprehensively and in a timely manner. The dust working area should be cleaned up every shift.
The collection and storage of aluminum and magnesium and other metal dust and magnesium alloy scraps shall avoid massive accumulation of dust and scraps or multi-layer stacking and stacking after bagging; if temporary storage is needed, relatively independent temporary storage places shall be set up, away from crowded places such as the operation site, and necessary fire and explosion-proof measures such as waterproof and moisture-proof, ventilation and hydrogen monitoring shall be taken. The hydrous magnesium alloy waste should be treated by mechanical pressing, and the magnesium alloy dust should be temporarily stored by soaking in a large amount of water.
Article 19 Enterprises involved in dust explosion shall carry out special operation examination and approval for the maintenance and maintenance of equipment and facilities or dust removal systems in dangerous places of dust explosion. Before operation, a special plan shall be formulated; before fire operation is carried out on dust collectors, pipelines and other facilities and equipment with dust deposits, the internal accumulated dust and combustible dust in the working area shall be cleaned up. During operation, the production equipment shall be in a state of stop operation, and the maintenance tools shall adopt explosion-proof tools to prevent sparks. After the operation, the site should be cleaned properly and the maximum temperature at the operating point can be restored to normal temperature before resuming production.
Article 20 Enterprises involved in dust explosion shall do a good job in the maintenance and maintenance of facilities and equipment in dangerous places of dust explosion, strengthen the safety management of the maintenance contractor, and clearly stipulate the rights and obligations of both parties in the contract agreement for safe production. Examine and verify the safety measures and emergency disposal measures involved in dust explosion prevention in the inspection and repair contractor's maintenance plan, and supervise the implementation of the contractor.
Article 21 Technical service institutions for production safety shall provide technical services for production safety related to dust explosion prevention for dust explosion-related enterprises, such as safety assessment, testing, inspection, risk assessment, investigation of hidden dangers, etc., work shall be carried out in accordance with relevant national standards or industry standards such as laws, regulations and rules and the Dust explosion Prevention Safety rules to ensure that the reports and results issued by them are true, accurate and complete. No fraud is allowed.
Chapter III Supervision and Inspection
Article 22 the department responsible for the safety supervision of dust explosion-related enterprises shall, in accordance with the principle of classified territoriality, strengthen the supervision and inspection of dust explosion prevention safety work in enterprises, formulate and implement annual supervision and inspection plans, take enterprises with a large number of dust workers and high explosion risk as key inspection objects.
Article 23 when the department responsible for the safety supervision of dust explosion-related enterprises carries out supervision and inspection of enterprises, they shall focus on the following contents:
(1) the establishment and implementation of the dust explosion-proof safety production responsibility system and the relevant safety management system;
(2) the risk list of dust explosion and the files of identification and control information;
(3) the accounts for the investigation and treatment of the hidden dangers of dust explosion accidents;
(4) records of dust cleaning and disposal;
(5) records of special safety production education and training for dust explosion prevention;
(6) the safety management of maintenance, maintenance, fire and other operations in the dangerous places of dust explosion;
(7) regular maintenance, testing or inspection of safety equipment;
(8) the safety facilities involving the danger of dust explosion are designed, constructed, put into production and used at the same time as the main project;
(9) the formulation and exercise of emergency plans.
Article 24 the department responsible for the safety supervision of dust explosion-related enterprises shall, in accordance with the relevant standards and regulations for judging the hidden dangers of major accidents in the industrial and trade industry, the key items of law enforcement inspection and other relevant standards and regulations, supervise and inspect the implementation of dust explosion-proof safety measures in key parts and key links such as enterprise dedusting system, fire prevention and explosion-proof, dust cleaning and disposal, and urge enterprises to implement the main responsibility of dust explosion-proof safety production.
Article 25 the department responsible for the safety supervision of dust explosion-related enterprises may, according to their needs, entrust technical service institutions for production safety to provide technical services such as safety assessment, testing, inspection and investigation of hidden dangers, and bear the relevant costs. The technical service organization for production safety shall be responsible for the relevant reports and results issued by it.
The relevant reports or results issued by the technical service agency for production safety may be used as one of the bases for administrative law enforcement.
Dust explosion-related enterprises shall not refuse or obstruct the production safety technical service agencies entrusted by the department responsible for the safety supervision of dust explosion-related enterprises to carry out technical service work.
Article 26 the department responsible for the safety supervision of dust explosion-related enterprises shall strengthen the training of dust explosion prevention professional knowledge for supervisors and inspectors to make them understand the requirements of relevant laws, regulations and standards, master the key items of law enforcement inspection and the criteria for determining hidden dangers of major accidents, and improve their administrative law enforcement ability.
Chapter IV legal liability
Article 27 where a dust explosion-related enterprise commits any of the following acts, the department responsible for the safety supervision of the dust explosion-related enterprise shall, in accordance with the relevant provisions of the Law of the people's Republic of China on production Safety, order it to make corrections within a time limit and impose a fine of not more than 50,000 yuan. If the offender fails to make corrections within the time limit, he shall be fined not less than 50,000 yuan but not more than 200000 yuan, and the person directly in charge 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, he shall be ordered to suspend production and business for rectification; if the case constitutes a crime, he shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law:
(1) failing to set up obvious safety warning signs on places, facilities and equipment that produce, transport, collect and store combustible dust and have greater risk factors;
(2) the installation, use, testing, transformation and scrapping of dust explosion-proof safety equipment do not conform to national standards or industry standards;
(3) failing to carry out regular maintenance, maintenance and regular inspection or inspection of dust explosion-proof safety equipment;
(4) failing to provide the relevant employees of dust jobs with labor protection articles in line with national standards or industry standards;
(5) shutting down or destroying equipment and facilities such as monitoring, alarm, prevention and control that are directly related to dust explosion prevention and safety, or tampering with, concealing or destroying their relevant data and information.
Article 28 where a dust explosion-related enterprise commits any of the following acts, the department responsible for the safety supervision of the dust explosion-related enterprise shall, in accordance with the relevant provisions of the Law of the people's Republic of China on production Safety, order it to make corrections within a time limit and impose a fine of not more than 100000 yuan. If it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification, and a fine of not less than 100000 yuan but not more than 200000 yuan shall be imposed, and the person-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 production education and training for the relevant responsible persons and dust workers in accordance with the relevant provisions, or failing to truthfully record the special production safety education and training;
(2) failing to truthfully record the investigation and treatment of the hidden dangers of dust explosion prevention or failing to inform the employees;
(3) failing to formulate an emergency rescue plan for dust explosion accidents or organizing exercises on a regular basis.
Article 29 where a dust 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 the accident and fails to take measures to eliminate it, in accordance with the relevant provisions of the Law of the people's Republic of China on production Safety, the department responsible for the safety supervision of dust explosion-related enterprises shall order it to be eliminated immediately or within a time limit, and impose a fine of not more than 50,000 yuan. If an enterprise refuses to implement it, it shall be ordered to suspend production and business for rectification, and the person-in-charge and other persons directly responsible shall be fined not less than 50,000 yuan but not more than 100000 yuan; if the case constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.
Article 30 where a dust explosion-related enterprise is in any of the following circumstances, the department responsible for the safety supervision of the dust explosion-related enterprise shall order it to make corrections within a time limit and impose a fine of not more than 30,000 yuan, and the person-in-charge and other persons directly responsible shall be fined not more than 10,000 yuan:
(1) the safety facilities of the new construction, reconstruction or expansion projects of the enterprise have not been designed for dust explosion-proof safety, or have not been constructed in accordance with the design;
(2) failing to establish a dust explosion-proof safety management system in accordance with the relevant provisions or the content is not in line with the reality of the enterprise;
(3) failing to identify, evaluate, control and control the safety risk of dust explosion, establish a safety risk list or maintain relevant information files in a timely manner in accordance with the relevant provisions;
(4) the dust explosion-proof safety equipment is not in normal operation.
Article 31 where a technical service institution for production safety accepts the entrustment to carry out technical service work and issues a false report, it shall, in accordance with the relevant provisions of the Law of the people's Republic of China on production Safety, be ordered to suspend business for rectification and impose a fine of not less than 30, 000 yuan and not more than 100000 yuan; if it causes damage to others, it shall be liable for compensation according to law.
If a technical service institution for production safety is entrusted to carry out technical service work and issues a false report, the illegal income shall be confiscated in accordance with the relevant provisions of the Law of the people's Republic of China on production Safety; if the illegal income is more than 100000 yuan, a fine of not less than 2 times and not more than 5 times of the illegal proceeds shall be imposed concurrently; if there are no illegal gains or the illegal proceeds are less than 100000 yuan, a fine of not less than 100000 yuan but not more than 200000 yuan shall be imposed separately or concurrently. The person-in-charge and other persons directly responsible shall be fined not less than 50,000 yuan but not more than 100000 yuan; if damage is caused to others, they shall be jointly and severally liable for compensation with the dust explosion-related enterprise; if the case constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.
With regard to the technical service institutions for production safety and their directly responsible personnel who have committed illegal acts mentioned in the preceding paragraph, their corresponding qualifications and qualifications shall be revoked, and they shall not be allowed to engage in safety assessment, certification, testing, inspection and other work within 5 years, if the circumstances are serious, lifelong industries and occupations shall be banned.
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