Decree of the Ministry of Emergency Management of the People's Republic of China -- No. 13

Time:2024-03-08
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The Regulations on the Safety of Limited Space Operation of Industrial and Trade Enterprises have been deliberated and adopted at the 28th Ministerial Meeting of the Ministry of Emergency Management on November 6, 2023, and are hereby promulgated and shall come into force as of January 1, 2024.




Minister Wang Xiangxi


November 29, 2023






Industrial and trade enterprises limited space operation safety regulations




Article 1 These Provisions are formulated in accordance with the Production Safety Law of the People's Republic of China and other laws and regulations in order to ensure the safety of operation in limited space and prevent and reduce production safety accidents.


Article 2 These Provisions shall apply to the safety management and supervision of the limited space operation of production and business units in metallurgy, nonferrous metals, building materials, machinery, light industry, textile, tobacco, trade and other industries (hereinafter referred to as industrial and trade enterprises).


Article 3 "Limited space" as mentioned in these Provisions refers to a closed or partially closed space that is not designed as a fixed workplace and is accessible to personnel for operation, which is liable to cause accumulation of toxic and harmful, inflammable and explosive substances or insufficient oxygen content.


The term "limited space operations" as mentioned in these Provisions refers to operations carried out by personnel entering a limited space.


Article 4 The main person in charge of an industrial and trade enterprise is the first person responsible for the safety of limited space operations, and shall organize the development of a limited space operation safety management system, and clarify the responsibilities of the approver, guardian and operator of limited space operations, as well as the requirements of safety training, operation approval, protective equipment, emergency rescue equipment, operating procedures and emergency disposal.


Article 5 Industrial and trade enterprises shall implement the guardianship system for limited space operations, and specify full-time or part-time guardianship personnel who are responsible for supervising the implementation of safety measures for limited space operations.


The guardianship personnel shall have the safety knowledge and emergency response ability suitable for the supervision of operations in limited space, and be able to correctly use supplies and equipment such as gas detection, mechanical ventilation, respiratory protection and emergency rescue.


Article 6 Industrial and trade enterprises shall identify the limited space, establish a limited space management ledger, clarify the number of limited space, location and risk factors and other information, and timely update.


Industrial and trade enterprises are encouraged to adopt information, digital and intelligent technologies to improve the level of safety risk management and control in limited space operations.


Article 7 Industrial and trade enterprises shall clarify the approval requirements according to the safety risk of operation in limited space.


For limited space operations with the risk of poisoning and asphyxiation such as hydrogen sulfide, carbon monoxide, carbon dioxide, etc., the approval shall be carried out by the main person in charge of the industrial and trade enterprise or its written entrusted personnel, and the relevant responsibility shall still be borne by the main person in charge of the industrial and trade enterprise.


Limited space operations shall not be implemented without the approval of the operation approver determined by the industrial and trade enterprise.


Article 8 Where an industrial and trade enterprise contracts its limited space operations to other units according to law, it shall stipulate its respective duties in production safety management with the contracting unit in the contract or agreement. Industrial and trade enterprises coordinate and manage the limited space operations they contract, carry out safety checks on site operations, and urge contractors to effectively implement various safety measures.


Article 9 Industrial and trade enterprises shall organize at least one special safety training for limited space operations every year, and train operation approvers, custodians, operators and emergency rescue personnel on limited space operation safety knowledge and skills, and record them truthfully.


Do not participate in limited space operations without qualified training.


Article 10 Industrial and trade enterprises shall formulate on-site disposal plans for limited space operations, organize drills according to regulations, and evaluate the effects of drills.


Article 11 Industrial and trade enterprises shall set up obvious safety warning signs in prominent locations such as entrances and exits in limited space, and set up safety risk warning boards in places where conditions are met.


Article 12 Industrial and trade enterprises shall take locking, isolation fence, protective net or other physical isolation measures for the limited space where toxic substances may be produced to prevent personnel from entering without approval. Custodial personnel are responsible for lifting physical isolation prior to operation.


Article 13 Industrial and trade enterprises shall, according to the characteristics of limited space risk factors, be equipped with gas detection and alarm instruments, mechanical ventilation equipment, respiratory protective equipment, full-body safety belts and other protective equipment and emergency rescue equipment that meet national standards or industry standards, and carry out regular maintenance, maintenance and regular testing of relevant supplies and equipment to ensure normal use.


Article 14 Limited space operations shall strictly comply with the requirements of "ventilation first, then testing, and then operation". Where there is an explosion risk, elimination or control measures shall be taken, and the relevant electrical facilities and equipment, lighting fixtures, emergency rescue equipment, etc., shall meet the explosion-proof safety requirements.


Before the operation, the safety disclosure of the operators should be organized, and the guardianship personnel should check the ventilation, detection and necessary partition, removal, replacement and other risk control measures one by one, to confirm that the protective equipment can be used normally and the operation site is equipped with the necessary emergency rescue equipment, to ensure that the operation conditions meet the safety requirements. For industrial and trade enterprises with professional rescue teams, emergency rescue personnel shall be prepared for emergency rescue to ensure timely and effective handling of emergencies.


Article 15 Guardianship personnel shall conduct the whole process of guardianship, maintain real-time contact with the operator, and shall not leave the work site or enter a limited space to participate in the operation.


When an abnormal situation is found, the guardianship personnel shall immediately organize the operators to evacuate the scene. After the occurrence of a limited space operation accident, emergency treatment shall be carried out immediately in accordance with the on-site disposal plan, and scientific rescue shall be organized. Where a rescue is carried out blindly without adequate safety measures, the guardianship personnel shall stop it.


In the process of operation, industrial and trade enterprises should arrange special personnel to continuously carry out ventilation and gas concentration detection in the operation area. If the operation is interrupted, the operator shall re-ventilate and pass the gas detection before entering the limited space again.


Article 16 Directory management shall be carried out in limited Spaces where hydrogen sulfide, carbon monoxide, carbon dioxide and other poisoning and asphyxiation risks exist and need key supervision and management.


The supervision list shall be determined, adjusted and published by the Ministry of Emergency Management.


Article 17 The departments responsible for the supervision and administration of production safety of industrial and trade enterprises shall strengthen the supervision and inspection of the limited space operations of industrial and trade enterprises, and incorporate the inspection into the annual supervision and inspection plan. The hidden dangers of accidents and illegal acts discovered shall be dealt with according to law.


The department responsible for the supervision and administration of production safety of industrial and trade enterprises shall include the limited space operation industrial and trade enterprises with poisoning and suffocation risks such as hydrogen sulfide, carbon monoxide, and carbon dioxide into the scope of key inspection, focusing on the inspection of the staffing and performance of guardian personnel, job approval, protective equipment and emergency rescue equipment.


Article 18 The department responsible for the supervision and administration of production safety of industrial and trade enterprises and its administrative law enforcement personnel find that there is a major accident hidden danger in the operation of limited space, shall be ordered to make rectification immediately or within a time limit; Where safety cannot be guaranteed before or during the elimination of potential hazards of major accidents, it shall be ordered to temporarily stop operations and withdraw operating personnel; After the hidden danger of a major accident has been eliminated, the operation can be resumed only after examination and approval.


Article 19 Where an industrial or trade enterprise commits any of the following acts, it shall be ordered to make corrections within a time limit and imposed a fine of not more than 50,000 yuan; Those who fail to make corrections within the time limit shall be imposed a fine of not less than 50,000 yuan but not more than 200,000 yuan, and the persons directly in charge and other persons directly responsible shall be imposed a fine of not less than 10,000 yuan but not more than 20,000 yuan; If the circumstances are serious, they shall be ordered to stop production and business for rectification; If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law:


(1) failing to set up obvious limited space safety warning signs in accordance with regulations;


(2) failing to equip and use the limited space operation safety instruments, equipment, equipment and devices that meet the national standards or industrial standards in accordance with the provisions, or failing to carry out regular maintenance, maintenance and regular testing of them.


Article 20 Where an industrial or trade enterprise commits any of the following acts, it shall be ordered to make corrections within a time limit and imposed a fine of not more than 100,000 yuan; Those who fail to make corrections within the time limit shall be ordered to suspend production and business for rectification, and shall be imposed a fine of 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 imposed a fine of not less than 20,000 yuan but not more than 50,000 yuan:


(1) failing to carry out special safety training for limited space operations in accordance with regulations or failing to truthfully record the safety training;


(2) failing to formulate the on-site disposal plan for the limited space operation or to organize exercises in accordance with the provisions.


Article 21 In any of the following circumstances in violation of these Provisions, an 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 persons directly in charge and other persons directly responsible:


(1) No guardianship personnel are assigned, or the guardianship personnel fail to perform their duties as prescribed;


(b) does not identify the limited space, or does not establish a limited space management ledger;


(C) the limited space operation approval is not implemented, or the operation does not implement the "ventilation, then testing, after the operation" requirements;


(4) failing to conduct ventilation and gas detection as required.


Article 22 These provisions shall come into force as of January 1, 2024. The Provisional Provisions on Safety Management and Supervision of Limited Space Operation of Industrial and Trade Enterprises promulgated by the State Administration of Work Safety on May 20, 2013 (Order No. 59 of the State Administration of Work Safety) shall be repealed simultaneously.


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