Toshiba Elevator Shanghai illegal punishment fails to maintain the elevator in accordance with the requirements of technical specifications

Recently, the Shanghai Market Supervision and Administration Bureau issued an administrative penalty decision (Shanghai Supervision Office [2022] 0620222000171) shows that Toshiba Elevator (China) Co., Ltd. has illegal acts that have not carried out elevator maintenance in accordance with the requirements of special equipment safety technical specifications. The Market Supervision and Administration Bureau of Shanghai Jing'an District decided to confiscate illegal income of RMB 10.018 million and fined 70,000 yuan.

On January 30, 2022, law enforcement officers of the Market Supervision and Administration Bureau of Jing'an District of Shanghai conducted inspection of No. 757 Guangzhong West Road, Jing'an District, Shanghai. The parties were mainly engaged in elevator maintenance operation activities on the above address. On-site law enforcement officers found that the parties' maintenance staff did not follow the elevator maintenance rules (TSGT5002-2017) when the maintenance staff of the party carried out elevator maintenance work on January 11, 2022 "Device" project carried out half -month maintenance work.

After verification, the parties' above -mentioned behavior was suspected of failing to perform elevator maintenance in accordance with the requirements of special equipment safety technical specifications. On February 11 of the same year, the party was approved by the director to file a case for investigation.

After investigation, the parties involved in the case of two traction drivers for passenger elevators (the device code was: 31103101011082005120053, 31103101082005120054) using the unit was Shanghai Eurasian Property Management Co., Ltd. (hereinafter referred to as Eurasia).

The parties are commissioned by Eurasian properties to carry out maintenance work on the elevator at 757 Guangzhong West Road. The deadline is from January 1, 2022 to December 31, 2022.

On January 30, 2022, law enforcement officers of the Market Supervision and Administration Bureau of the Jing'an District Marketing District of Shanghai conducted inspection of the elevator maintenance of the elevator. Law enforcement officers found the "Shanghai Smart Elevator" QR code in the elevator involved in the case and found it. The party's maintenance personnel started on January 11, 2022, the start time of maintenance operations was 11:09:53, and the end time was 21:29:00 the day. Later law enforcement officers retracted the surveillance video period of the above time period and found that when the party's maintenance personnel did not perform the "bottom pits environment and the pit stop device" project when carrying out elevator maintenance work, the law enforcement officers issued the "special equipment safety of special equipment to the safety of the parties" The Supervision Instructions ((Jing) Municipal Supervisor Order 2022 No. 207) requires it to correct them immediately, and maintain maintenance in strict accordance with the requirements of laws and security technical specifications.

Law enforcement officers confirmed by monitoring videos and conducting transcripts of the parties. On January 11, 2022, the party's maintenance personnel did not follow the elevator maintenance rules (TSGT5002-2017) (Content) and Requirement "Table A-1 Maintenance Project (Content)" requires the implementation of the "serial number 30-bottom pit environment, serial number 31-bottom pit stop device" project to carry out half-month maintenance work.

In addition, in the "General Maintenance Contracts" signed by the parties with Eurasian properties, the cost of two traction driving passengers involved in the case was 1018 yuan/month/set. The single maintenance fee was 509 yuan. On January 11, 2022, the parties did not follow the elevator maintenance rules (TSGT5002-2017) to carry out maintenance operations involved in the case. Therefore, the illegal income of this case was 509 × 2 = 1018 yuan.

The behavior of the parties violates the provisions of Article 45 of the Special Equipment Safety Law of the People's Republic of China, and constitutes the failure of elevator maintenance in accordance with the requirements of safety technical specifications. The parties did not show a positive attitude in the early days of the administrative investigation. After the law enforcement officers further announced the education, they realized the seriousness of the situation in time, and then took the initiative to acknowledge the error. Considering that the number of elevators involved in the case was 2 units, the duration of illegal acts was less than March. It has not caused social impact and does not cause personal and property losses. In summary, a decision to make general punishment is made.

According to Article 88 of the Special Equipment Safety Law of the People's Republic of China, Shanghai Jing'an District Market Supervision and Administration Bureau decided to punish as follows:

1. Confession of illegal income of one thousand and one picked up;

Second, a fine of RMB 10,000 yuan.

Toshiba Elevator official website shows that Japan Toshiba Elevator Co., Ltd. (Telc) was united by the internal enterprise "Lift System" of Toshiba Systems of Toshiba and Original "Toshiba Elevator Co., Ltd." in 2001. "". In 1995, the company established Toshiba Elevator (China) Co., Ltd. and Toshiba (Shenyang) Co., Ltd. in Shanghai and Shenyang, China.

Article 45 of the Special Equipment Safety Law of the People's Republic of China stipulates that the maintenance of elevators shall be carried out by the elevator manufacturing unit or the installation, renovation, and repair unit obtained by the elevator or in accordance with this law.

The maintenance unit of elevators should strictly implement the requirements of safety technical specifications in maintenance, ensure the safety performance of the elevator for maintenance, and be responsible for implementing the safety protection measures on the spot to ensure construction safety.

The maintenance unit of the elevator shall be responsible for the safety performance of the elevator they maintain; after receiving the failure notice, it shall immediately rush to the scene and take the necessary emergency rescue measures.

Article 88 of the Special Equipment Safety Law of the People's Republic of China stipulates that if it violates the provisions of this Law, without permission, if you engage in elevator maintenance without permission, it shall be ordered to stop illegal acts and impose fines of 10,000 yuan to 100,000 yuan; If the income is obtained, the illegal income is confiscated. If the maintenance unit of the elevator fails to perform elevator maintenance in accordance with the provisions of this law and the requirements of the safety technical specifications, it shall be punished in accordance with the provisions of the previous paragraph.

The following is the original text:

Administrative Penalty Decision of the Market Supervision and Administration Bureau of Jing'an District, Shanghai

Shanghai City Supervision Office [2022] 0620222000171

The client: Toshiba Elevator (China) Co., Ltd.

The name of the subject qualification certificate: business license: business license

Unified social credit code: 913100006072765566

Residence: No. 685, Yunchuan Road, Baoshan District, Shanghai

Legal representative: 志 法 法 法 法

Foreign (regional) passport: mxxxxxxx60

Contact number: 56xxxx88

Contact address: No. 685, Yunchuan Road, Baoshan District, Shanghai

On January 30, 2022, law enforcement officers of our bureau inspected No. 757 Guangzhong West Road, Jing'an District, Shanghai. The parties were mainly engaged in elevator maintenance business activities on the above address. On-site law enforcement officers found that the parties' maintenance staff did not follow the elevator maintenance rules (TSGT5002-2017) when the maintenance staff of the party carried out elevator maintenance work on January 11, 2022 "Device" project carried out half -month maintenance work. After verification, the parties' above -mentioned behavior was suspected of failing to perform elevator maintenance in accordance with the requirements of special equipment safety technical specifications. On February 11 of the same year, the party was approved by the director to file a case for investigation.

After investigation, the parties involved in the case of two traction drivers for passenger elevators (the device code was: 31103101011082005120053, 31103101082005120054) using the unit was Shanghai Eurasian Property Management Co., Ltd. (hereinafter referred to as Eurasia). The parties are commissioned by Eurasian properties to carry out maintenance work on the elevator at 757 Guangzhong West Road. The deadline is from January 1, 2022 to December 31, 2022. On January 30, 2022, law enforcement officers in our bureau inspected the maintenance of the elevator involved in the case. Law enforcement officers found the two -dimensional code scanning of the elevator involved in the case in the car. On January 11, the start time of maintenance operations was 11:09:53, and the end time was 21:29:00 the day. Later law enforcement officers retracted the surveillance video period of the above time period and found that when the party's maintenance personnel did not perform the "bottom pits environment and the pit stop device" project when carrying out elevator maintenance work, the law enforcement officers issued the "special equipment safety of special equipment to the safety of the parties" The Supervisory instructions ((Jing) Municipal Supervisor's Order [2022] No. 007) requires it to correct them immediately and maintain maintenance in accordance with the requirements of laws and security technical specifications. Law enforcement officers confirmed by monitoring videos and conducting transcripts of the parties. On January 11, 2022, the party's maintenance personnel did not follow the elevator maintenance rules (TSGT5002-2017) (Content) and Requirement "Table A-1 Maintenance Project (Content)" requires the implementation of the "serial number 30-bottom pit environment, serial number 31-bottom pit stop device" project to carry out half-month maintenance work.

In addition, in the "General Maintenance Contracts" signed by the parties with Eurasian properties, the cost of two traction driving passengers involved in the case was 1018 yuan/month/set. The single maintenance fee was 509 yuan. On January 11, 2022, the parties did not follow the elevator maintenance rules (TSGT5002-2017) to carry out maintenance operations involved in the case. Therefore, the illegal income of this case was 509 × 2 = 1018 yuan.

The above facts are confirmed by the following evidence that the parties check the records, inquiry transcripts, the business license of the parties, and the copy of the special equipment production license, and the evidence of the elevator related surveillance video involved in the case.

On July 19, 2022, the Bureau sent the "Administrative Penalty Hearing Notice" to the parties in accordance with the law (Shanghai City Supervisor [2022] 0620222000171). Our bureau is deemed to be the parties to give up relevant rights.

The behavior of the parties violates Article 45 of the Special Equipment Safety Law of the People's Republic of China. "The maintenance unit of the elevator shall strictly implement the requirements of safety technical specifications in maintenance to ensure the safety performance of the elevator for maintenance. And responsible for implementing on -site safety protection measures and ensuring construction safety. "The provisions constituted elevator maintenance behavior that did not conduct elevator in accordance with the requirements of safety technical specifications.

The parties did not show a positive attitude in the early days of the administrative investigation. After the law enforcement officers further announced the education, they realized the seriousness of the situation in time, and then took the initiative to acknowledge the error. Considering that the number of elevators involved in the case was 2 units, the duration of illegal acts was less than March. It has not caused social impact and does not cause personal and property losses. In summary, a decision to make general punishment is made.

According to Article 88 of the Special Equipment Safety Law of the People's Republic of China, "violation of the provisions of this Law, without permission, and engage in elevator maintenance without permission, or order to stop illegal acts and impose a fine of 10,000 yuan to 100,000 yuan to 100,000 yuan. ; If there is an illegal income, the illegal income is confiscated. The maintenance unit of the elevator fails to perform elevators in accordance with the requirements of this law and the requirements of the safety technical specifications. , Confiscation of illegal income, one thousand and one picked up;

Second, a fine of RMB 10,000 yuan.

Now request: within 15 days from the date of receipt of this decision, the parties bring the "Payment of fines and confiscation notice" (see attachment), and submit the fine to the specific collection agency of the Municipal Industrial and Commercial Bank of China or the Construction Bank. If the decision of administrative penalties does not fulfill the administrative punishment, in accordance with the provisions of Article 72 (1) of Article 72 (1) of the Administrative Penalty Law, our bureau may pay a fine of three percent of the fines daily;

If the parties are not convinced of this decision, they may apply for administrative reconsideration to the Shanghai Jing'an District People's Government within 60 days from the date of receipt of this decision. They can also directly file an administrative lawsuit to the Minhang District People's Court of Shanghai within six months.

If the parties do not accept administrative reconsideration or file an administrative lawsuit on the penalty decision, the administrative penalty does not stop the implementation, except for the law. If the parties do not apply for administrative reconsideration or file an administrative lawsuit within the statutory period, and do not fulfill the administrative decision, our bureau may apply for the people's court for enforcement within three months from the expiration of the period.

If the parties do have economic difficulties, if they need to be extended or paid a fine in installments, the application may be submitted within 15 days from the date of this decision. After approval by our bureau, it may be suspended or paid in installments.

Shanghai Jing'an District Market Supervision and Administration Bureau (seal)

July 27, 2022

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