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On January 29, 2019, the Chinese Ministry of Emergency Management (MEM) issued a notice seeking feedback on the draft Safety Regulations for Prevention of Dust Explosions in Industrial and Trade Enterprises. The public consultation is set to end on March 2.
Why do we need the Regulations?
It is stated in the instructions on the draft that, the Regulations is formulated in response to daunting safety challenges associated with dust explosions. Statistics show that there are more than 42,000 enterprises subject to dust explosion hazards in China, and most of them have unsatisfying safety records and low awareness for prevention of dust explosions.
Meanwhile, as the Five Rules on Strictly Preventing Dust Explosions in Enterprises, which was published by the former State Administration of Work Safety, has been abolished, the existing legal framework cannot guarantee the all-round regulation of enterprises subject to dust explosion hazards, hence the necessity to introduce relevant regulations and standards.
What is the Regulations about?
As enterprises subject to dust explosion hazards involve a wide range of industries and sectors, the Regulations extends and details only rules concerning prevention of dust explosions based on laws and regulations like the Production Safety Law , instead of stipulating any provisions on personnel, equipment and operations.
Enterprises are required to establish a system for ensuring responsibility is taken for dust explosion prevention. They should incorporate elements concerning dust explosion prevention into their safety management systems, including identification, assessment, and control of dust explosion hazards; screening of potential safety hazards which may lead to dust explosions; procedures for safe operations in dust-related workplaces; dust cleaning; emergency management of dust explosions; etc.
The Regulations further clarifies requirements on risk control and screening. For example, enterprises need to identify the location and scope of areas subject to dust explosion hazards and assess hazard levels, develop a list for hazard identification and control and a list for screening of potential safety hazards, and carry out relevant activities on a regular basis.
Technical guarantees for key links in dust explosion prevention are a priority in the Regulations. It details specific requirements for buildings and structures in enterprises subject to dust explosion hazards, explosion prevention measures taken to dust collection systems and typical processing equipment, safety facilities, dust cleaning, and repair and maintenance.
In addition to obligations of enterprises, the Regulations also stipulates the regulatory obligations of relevant authorities. For example, competent departments should enhance supervision and inspections in this regard, develop and implement annual supervision and inspection plans, and identify high risk enterprises with multiple dust explosion hazards. Stringent punishments are imposed on violators of the Regulations as well.
What is the impact of the Regulations?
On February 2, 2019, the MEM issued the Report on the Special Campaign against Dust Explosions in Industrial and Trade Enterprises in 2018, briefing on progress made and measures taken in 2018 for the purpose of preventing dust explosions. It is clearly stated in the report that the Regulations will provide legal basis for supervision, inspection and law enforcement and help establish a permanent mechanism on dust explosion prevention.
