[brief case]]

At 12:23 noon on October 5, 2019, a general accident of stranded people in an elevator car occurred in a commercial square in a city. There were 16 stranded people (including 2 children), and the detention time was 2 hours and 24 minutes. After rescue, at 14:47, the trapped people walked out of the car without casualties. After the accident, the elevator management unit and the elevator maintenance unit did not report to the market supervision department and other relevant government departments in accordance with the regulations. On October 7, the market supervision bureau of a certain city learned of the incident through the network media, and immediately sent personnel to the scene together with the market supervision bureau of a certain district to understand the relevant situation of the accident, and ordered the elevator management unit to immediately stop using the elevator and do a good job in protecting the scene of the accident. On October 8, the Municipal Market Supervision Bureau convened the provincial special inspection institute, elevator technical experts of a company, and a district market supervision bureau to hold the first meeting of accident investigation, and at the same time asked the municipal government for instructions to use summary procedures to investigate the accident. On October 28, the municipal government agreed to take a summary procedure to investigate the accident.

On January 9, 2020, the market supervision bureau of a city received the "approval of the general office of the people's government of a city in Jiangxi province on the investigation report on the general accident of a person stranded in an elevator car of a city in Jiangxi province", and the municipal government studied and agreed to the "investigation report on the general accident of a person stranded in an elevator car of a city in Jiangxi province", and requested to implement it. The report found that an elevator maintenance company was suspected of assuming the main responsibility for the accident in an elevator general accident.

On January 22, 2020, the investigation was approved. After the case was filed, the investigators adopted the following investigation methods in accordance with the law: one is to consult the investigation report of the accident and all investigation file materials; the other is to conduct an inquiry and investigation of the agent entrusted by the party to understand the occurrence of the accident and the determination of responsibility. The agent entrusted by the party did not raise any objection to the determination of responsibility in the accident report.

Facts identified by the investigation: an elevator maintenance company of the party concerned did not carry out daily maintenance of the elevator in accordance with the requirements of the elevator safety technical specifications, resulting in the failure of the main rescue device of the accident elevator to be activated during the accident rescue, and failed to take other timely and effective rescue measures, resulting in passengers trapped in the car for more than two hours and assuming the main responsibility for the accident.

investigation and treatment]

After investigation, the accident elevator is a passenger elevator with no machine room traction drive, model UAX-1000-C0105, 12 floors and 12 stations, rated load 1000kg, rated speed 1.75 m/s, manufacturing date February 2013, manufacturing unit is a company, use management unit is a commercial management limited company, and daily maintenance unit is an elevator maintenance company. The elevator passed the inspection by the provincial special inspection institute on October 31, 2018, and the accident occurred within the validity period of the inspection.

The process of the (I) accident: at 12: 23 noon on October 5, 2019, a group of passengers entered the passenger elevator. after the ladder door was closed, the elevator ran normally upward. during the operation, the DC 48 volt air switch protection tripped due to the short circuit of the control circuit line to the ground. the elevator immediately stopped the elevator and the passengers were trapped in the car. At that time, there were 16 passengers in the car, including 2 young children. After the elevator is shut down, the lighting and air conditioning in the car are not affected. At 14:47, the ladder door was opened by elevator maintenance personnel, and 16 passengers walked out of the car without casualties.

(II) emergency rescue situation: after passengers are trapped in the car, some passengers immediately ring the alarm bell in the car. At that time, Zhai, the staff on duty in the monitoring room, immediately notified Yu through intercom after receiving the alarm. Yu mou paid a phone call to inform Peng mou, the elevator maintenance staff at the station. At the time of the incident, Peng was conducting daily inspections of the elevator in the mall. After receiving the call, Peng immediately rushed to the elevator where the incident occurred. After checking, he found that the car stopped between the first floor and the second floor. So I came to the B3 floor (negative third floor) where the elevator control cabinet is located, and restarted the elevator, but it was unsuccessful. Then operate the electric release tool, but the power supply voltage of the electric release tool is too low to be activated. So Peng began to investigate the fault point. After a long period of investigation, the short-circuit line was confirmed. After Peng mou short-circuited the car door, he went to the top of the car from the second floor, walked slowly to the flat floor position on the second floor, and then opened the elevator door to release people.

The accident caused 16 passengers to be trapped in the elevator car for 2 hours and 24 minutes,

No casualties, equipment damage and direct economic losses.

According to the "the People's Republic of China Special Equipment Safety Law", "Special Equipment Safety Supervision Regulations", "Jiangxi Special Equipment Safety Regulations", "Special Equipment Accident Reporting and Investigation and Handling Regulations" and other laws and regulations, the following handling of the accident responsibility unit is proposed Opinions:

An elevator maintenance company did not carry out daily maintenance of the elevator according to the requirements of the elevator safety technical specifications, resulting in the failure of the main rescue device of the accident elevator to be activated during the accident rescue, and failed to take other timely and effective rescue measures, resulting in passengers trapped in the car for more than two hours, which is the main person responsible for the accident. According to Article 90 of the "the People's Republic of China Special Equipment Safety Law", the case-handling agency recommended to impose a fine of 130000 yuan on an elevator maintenance company. Ordered the accident elevator maintenance unit to take the following measures to rectify: 1. Comprehensive inspection of the elevator control circuit line, eliminate the ground short circuit fault, restore the normal operation of the elevator. 2. Add maintenance items (contents) as required and revise maintenance plans and schemes in time. This includes checking the brake release device BCR power supply (battery) at least once a month to ensure that the battery voltage can meet the emergency rescue requirements. 3. Comprehensive search for elevator emergency rescue risk points, improve emergency rescue procedures, and continuously summarize through emergency drills to improve rescue capabilities.

legal analysis]

The main illegal facts and accident investigation report of the parties show that the time of stranded personnel in an elevator car in a city of Jiangxi Province is 2 hours and 24 minutes, which is in line with the provisions of Article 64 of the regulations on safety supervision of special equipment that "one of the following circumstances is a general accident: (3) if the elevator car is stranded for more than 2 hours", it is a general special equipment safety liability accident, The party is the main responsible for the accident.

In view of the fact that the party concerned has not been subject to administrative punishment for illegal acts in the field of market supervision, the party concerned can respond as soon as possible when the elevator failure occurs, rush to the scene to carry out rescue as soon as possible, and actively cooperate in the accident investigation, truthfully reflect the situation and provide investigation materials, combined with the handling opinions of the accident investigation report, it is decided to give a lighter punishment to the illegal acts of the party concerned.

The party concerned is suspected of bearing the main responsibility for the general special equipment accident. According to Article 23 of the administrative punishment law, "when the administrative organ imposes administrative punishment, it shall order the party concerned to correct or correct the illegal act within a time limit" and Article 90 of the the People's Republic of China special equipment safety law "in the event of an accident, the responsible unit shall be required to bear the corresponding liability for compensation according to law, A fine shall be imposed in accordance with the following provisions: (1) A general accident, according to the provisions of" imposing a fine of not less than 100,000 yuan but not more than 200,000 yuan ", the party concerned shall be ordered to correct the illegal act and bear the corresponding compensation liability according to law, and the punishment is suggested as follows: a fine of 130000 yuan only shall be handed over to the state treasury.

typical meaning]

This case is a typical case that bears the main responsibility for the general accident of the stranded personnel in the elevator car. In order to prevent similar accidents from happening again, the accident will be reported in the whole city, so as to arouse the attention of relevant elevator maintenance and management units, and strengthen the daily maintenance and safety management of elevators. Supervise and urge all elevator maintenance units to carry out self-examination and self-correction of the implementation of the "Elevator Maintenance Rules", focusing on self-examination of the performance of the responsibilities of Article 5 maintenance units, and the formulation and implementation of Article 6 maintenance plans and programs. Actively rectify the problems found in the inspection. For the emergency rescue of similar accidents, it is recommended to choose the following rescue measures: 1. The elevator maintenance unit or the user unit shall provide an emergency rescue backup power supply that can be easily obtained at any time (to ensure that the output voltage of the backup power supply is kept at about 48V DC at any time). After confirming that the BCR battery of the brake release device does not meet the rescue requirements, disconnect the air switch in the maintenance cabinet outside the hall, remove the BCR battery, install the backup power supply, close the control cabinet, confirm that the car door of the hall is closed, and carry out emergency electric release according to the release guidelines of the maintenance cabinet outside the hall. 2. Call the emergency rescue telephone of the elevator manufacturer and implement remote emergency rescue guidance.

Source: Elevator Public Number, Jiangxi Provincial Market Supervision Administration

Article website:https://mp.weixin.qq.com/s/3QM5mUz_J0CzEhZe-ZMhzg

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