I once wrote "Is the investigation of responsibility for production safety accidents due diligence exemption or" Involving nine families "to discuss this issue. However, recently, due to the shortage of safety supervision personnel, the Yunnan County Court forwarded the superior documents, and found that Li, the director of the office of the county safety supervision bureau, constituted the crime of dereliction of duty, which pushed how to do a good job of due diligence exemption in the field of safety production to the forefront.
First, responsibilities need to be clear.
The responsibility of safety production supervision and management is divided into two parts: legal responsibility and work responsibility; Job responsibilities are divided into job responsibilities, authorized responsibilities and temporary responsibilities. These duties are counted as the scope of duties in "due diligence". Safety supervisors and other personnel who are responsible for safety supervision should first master and perform the statutory duties delineated by the Law on Work Safety and other laws and regulations related to their own work and the Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Reform and Development in the Field of Work Safety. Secondly, carefully understand and strictly implement the safety production documents, plans, systems and plans formulated by governments at all levels or relevant departments according to law. In other words, legal responsibilities are transformed into job responsibilities in practical work, which need to be earnestly performed by safety supervisors. In accident investigation, it is often traced that some people do not follow the deployment plan and arrangement scheme of safety production work, thus being found to have violated safety supervision duties. Therefore, our daily work does not end with the completion of statutory duties, and there are still a lot of work duties that we need to abide by and implement. As long as there is a lack of due diligence and a production safety accident, we will become the object of accountability. As the post responsibility is also our "duty", it requires us not to write too much when drafting conference speeches, documents, plans, systems and schemes, such as horizontal to the edge, vertical to the end, no blind spots, full coverage, no dead spots, no blind spots, thorough investigation of potential safety hazards, 100%, etc. Otherwise, wait for the procuratorate to come to you!
Second, the responsible party is exempted from responsibility.
At present, there is no concept of due diligence exemption in production safety in the new law and administrative regulations of the State Council. There are ten situations in the Provisions on the Investigation of Safety Supervision Responsibility and Administrative Law Enforcement Responsibility (Order No.24 of the State Administration of Work Safety). The safety supervision department, its internal organs and administrative law enforcement personnel are not responsible, but the legal effect is too low, and the accountability department generally does not recognize it. Therefore, I once wrote in "Is the investigation of responsibility for production safety accidents" due diligence exemption "or" involving nine companies "? It is pointed out that there is no due diligence exemption in the field of safety production, only due diligence and responsibility reduction.
It is gratifying that in recent years, the State Administration of Work Safety has become more and more aware of the negative impact of the current accountability on the stability of the safety supervision team, and has taken or is taking measures to try to change the dilemma from the perspective of top-level design.
"Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Reform and Development in the Field of Work Safety" puts forward that "it is necessary to formulate a list of responsibilities and responsibilities of all relevant departments for work safety according to laws and regulations, and they are responsible for exemption according to the list, and accountability according to the list for dereliction of duty", which has made many safety supervisors see hope. However, one boot has never heard the sound of another boot landing since it went down on February 9, 20 16.
However, two recent events are encouraging. 1. In order to implement the opinions of the Central Committee of the Communist Party of China and the State Council on promoting the reform and development in the field of production safety, on June 23rd this year, the website of the State Administration of Work Safety sent a letter to formally solicit opinions on the "People's Republic of China (PRC) Law on Production Safety" (a reference draft for some clauses to be revised). Article 68 is amended as shown in figure 1. If the 68 amendments can be passed, safety in production will really have the sword of "due diligence and exemption". Second, on February 23 this year, the Policy and Regulation Department of the State Administration of Work Safety solicited opinions on the "Thirteenth Five-Year Legislative Plan for Work Safety" (draft). Such a legislative task deserves the attention of safety supervision cadres. See Figure 2 for details.
Please pay attention to the contents of the two red boxes. In the first red box, it is pointed out that the current grass-roots safety supervision cadres are facing the dilemma of accountability, and cases such as the collective resignation of 26 safety supervision cadres in Qijiang, Chongqing are cited as arguments. It can be seen that when drafting the "Draft", the Department of Political Science and Law of the State Administration of Work Safety completely proceeded from reality, did not shy away from problems, and also wanted to solve practical problems through legislation. This is the attitude and position of the State Administration of Work Safety to the accountability of grassroots safety supervision cadres, so friends must not think that the State Administration of Work Safety has not taken everyone's demands seriously. There are two dots in the second red box. First, the Regulations on Safety Supervisors Performing their Statutory Duties according to Law to be formulated in the future is an administrative regulation formulated by the State Council, which greatly improves the legal status of the regulations. Secondly, the Regulation on Safety Supervisors Performing their Statutory Duties according to Law aims to solve these problems: 1. How to determine the responsibility boundary of safety supervision and law enforcement? 2. What legal duties should safety supervision cadres perform? 3. Under what circumstances can safety supervision cadres be held accountable? When these three problems are solved, there will be a real law for the exemption of safety supervision cadres, and there will be fewer and fewer things for which safety supervision cadres will be held accountable for various far-fetched reasons.
What is the "single" in "dismissal from duty and accountability for dereliction of duty"? There is a lot of discussion now. I think the "single" here is our legal duty and job responsibility. In other words, as long as we conscientiously perform our statutory duties and work responsibilities, we can be exempted from responsibility.
Exemption is a kind of responsibility, but it is exempted for some reasons. Due diligence should be irresponsible, so there is no need to talk about exemption. No matter which industry field or position, we emphasize due diligence. You have done your duty. Are you still responsible? Traffic police supervise driving behavior. Should the traffic police be held accountable for the accident caused by illegal driving? The Commission for Discipline Inspection supervises the staff of Party committees and governments. Should the Committee be responsible for corruption? Therefore, the next due diligence exemption should be changed to "due diligence exemption".
Third, breach of contract will be held accountable.
In recent years, the "sword of Damocles" of "accountability" in production safety has become more and more dazzling and sharp. "Responsibility for dereliction of duty" makes many people feel uneasy and insomnia. The accountability of production safety accidents can be divided into dereliction of duty and dereliction of duty. Dereliction of duty means that you did what you should have done but didn't do it well, mainly referring to inaction. Dereliction of duty is generally a disciplinary action, which is made by the production safety accident investigation team. Disciplinary actions include warning, serious warning, probation, expulsion from the party, and expulsion from the party. The period of validity of the punishment is: 1, warning or serious warning: it is not allowed to promote or recommend non-party organizations to hold positions higher than their original positions within one year. 2. Stay on probation for one year, and stay on probation for two years: party member, who has been punished by staying on probation for one year, will be extended to stay on probation for another year if he still does not meet the conditions for restoring party member's rights after the expiration. The longest probation period shall not exceed two years. 3. Revocation of post punishment within the Party: it is forbidden to hold a post within the Party or recommend a post equivalent to or higher than its original post to a non-party organization within two years. 4. You may not rejoin the Party within five years after being expelled from the Party. Disciplinary actions include warning, demerit recording, gross demerit recording, demotion, dismissal and dismissal. The validity period of disciplinary action is: 1, warning, half a year; 2. Remember, one year; 3, remember big, one and a half years; 4. Demotion and dismissal for two years. According to the different levels of accidents, the levels of leading cadres are also different, generally: major accidents are handled by the division level; Handling of major accidents at all levels; Particularly serious accidents are handled by the departmental level, and so on. If the circumstances are serious or accidents occur continuously within one year, the responsibility shall be pursued step by step. Dereliction of duty means that you did something you should or should not do, and it caused serious consequences, mainly referring to chaos. The punishment for the crime of dereliction of duty is made by the judicial organs. The common crimes of dereliction of duty in production safety of enterprise personnel are: 1, the crime of major accidents; 2. Crime of forcing illegal and risky operations; 3. The crime of major labor safety accidents; 4. Crime of major safety accidents in large-scale mass activities; 5. Crime of causing accidents by dangerous goods; 6. Crime of major engineering safety accidents; 7. Crime of major safety accidents in educational facilities; 8. The crime of failing to report or falsely reporting a safety accident; 9, fire accident crime, etc. Common crimes committed by state employees in production safety are: 1, the crime of abuse of power; 2. Crime of dereliction of duty; 3. The crime of not transferring criminal cases for favoritism. Those who violate the criminal crime of safe production are generally sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Our legal system is gradually improving. The spirit of law not only punishes the guilty, but also protects the innocent. In addition to warning, it should also have a positive guiding role. Our work should transition from unsafe to safe, and from passive safety to active safety; Our responsibility should also shift from "pursuing responsibility for dereliction of duty" to "not doing our duty", so that fewer and fewer people are dereliction of duty and more and more people are doing their duty. Because there are fewer dereliction of duty, more due diligence, fewer accidents and much safer.
Author: Cheng Bingguo, Shandong Provincial Administration of Work Safety
Tel: 1396915869.