The new Law on Work Safety changes the "responsibility system for work safety" into "responsibility system for all employees".
In recent years, a series of accident warnings, the main responsibility of production and business units, need to be further "responsibility to people." We should not only keep an eye on the person in charge, but also "establish, improve and implement the responsibility system for safety production of all employees in our unit".
Article 5 of the new Law on Work Safety stipulates: "The main person in charge of a production and business operation entity is the first person in charge of work safety of the entity, and is fully responsible for the work safety of the entity. Other responsible persons are responsible for the safety production work within the scope of their duties. "
For the first time, the "all-staff safety production responsibility system" was clearly defined in the "number one" responsibility, and the main person in charge of the production and business operation unit was stipulated to be responsible for establishing and implementing the all-staff safety production responsibility system and strengthening the standardization of safety production.
Second, build a dual prevention mechanism.
The new "Safety Production Law" requires enterprises to build a double prevention mechanism.
Among them, Article 4 requires: "Production and business operation entities must abide by this Law and other laws and regulations related to production safety ... and build a double prevention mechanism of classified management and control of safety risks and investigation and management of hidden dangers ..."
Article 21 requires: "The main person in charge of the production and business operation entity shall bear the following responsibilities for the safety production work of the entity: (5) Organize the establishment and implementation of the double prevention mechanism of classified control of safety risks and investigation and management of hidden dangers, supervise and inspect the safety production work of the entity, and eliminate hidden dangers of production safety accidents in time."
Article 41 requires: "The production and business operation entity shall establish a safety risk classification control system and take corresponding control measures according to the safety risk classification. Production and business units shall establish and implement a system for the investigation and management of hidden dangers in production safety accidents, and take technical and management measures to find and eliminate hidden dangers in time. "
This shows that the double prevention mechanism of risk classification management and hidden danger investigation and management will be carried out for a long time, and it must be carried out seriously, standardized and scientifically, which will be an important means for enterprises to control risks, eliminate hidden dangers and ensure safe production.
Third, implement the "three management and three essentials"
The new "Safety Production Law" has clear powers and responsibilities, and has defined the "three necessities". Please don't put all the safety problems and responsibilities on a certain department.
The new "Law on Work Safety" formally clarifies the new pattern of "three management and three requirements", in which Article 3 stipulates: "Work safety in production should be well managed in terms of industry safety, business safety and production and operation safety, strengthen and implement the main responsibility of production and business units and government supervision responsibility, and establish a mechanism in which production and business units are responsible, employees participate, government supervision, industry self-discipline and social supervision."
The new "Safety Production Law" clarifies the safety management responsibilities of decision-making and management of enterprises. In other words, the management of an enterprise must be in charge of safety, and the management of production and operation must be in charge of safety. In this enterprise, except for the principal responsible person who is the first responsible person, other deputies should bear certain responsibilities for production safety according to their business.
Full-time person in charge of production safety
From September 1, the security department must be directly managed by the main person in charge, or set up a full-time person in charge!
/kloc-From October to September, Article 25 of the new Law on Work Safety, which will be implemented soon, clearly stipulates that production and business operation entities may set up full-time persons in charge of work safety to assist the principal persons in charge in the management of work safety.
Generally speaking, the meaning of this legal provision is that the production and business operation entity may or may not have a full-time person in charge of production safety.
Whether an enterprise can be established or not, there is no need to set up this clause in the new "Safety Production Law".
What I really want to express is that the safety production management organization must be directly responsible by the main person in charge. If the main person in charge is not directly in charge, a full-time person in charge of production safety may be set up to assist in performing the duties of production safety management.
Violating the law will be investigated for more criminal responsibility.
The criminal law amendment (11) added a new crime of production safety. For example, in the crime of dangerous operation, the criminal responsibility of the crime of dangerous operation will be investigated according to law, even if there is no safety accident that causes loss of personnel and property, as long as there is a danger of serious casualties or other serious consequences. Correspondingly, the new safety production law has also made provisions in many places.
Clarify the responsibilities of labor dispatch units and employers, as well as the rights and obligations of workers.
First, it is stipulated that the production and business operation entities should bring the dispatched workers into the unified management of their employees, and educate and train the dispatched workers in post safety operation procedures and safety operation skills. The labor dispatch unit shall provide the dispatched workers with necessary education and training in production safety. The second is to make it clear that the dispatched workers enjoy the rights of workers stipulated in this law and should fulfill the obligations of workers stipulated in this law.
7. Establish a system for investigation and management of hidden dangers of accidents.
The new law takes strengthening prevention in advance and strengthening the investigation and management of hidden dangers as important contents: First, production and business units must establish an investigation and management system for hidden dangers of accidents and take technical and management measures to eliminate hidden dangers of accidents. Second, the relevant government departments should establish and improve the management and supervision system of major accidents, and urge production and business units to eliminate hidden dangers of major accidents. Third, strict administrative penalties have been imposed for acts that fail to establish a hidden danger investigation and management system and take effective measures to eliminate hidden dangers of accidents.
Promote the standardization of safety production.
Combined with years of practical experience, the new law is clear in the general part, and production and business units should promote the standardization of safety production and improve the level of intrinsically safe production.
9. Implement the system of registered safety engineer.
The new law establishes the registered safety engineer system, which is promoted from two aspects: First, dangerous goods production and storage units and mining and metal smelting units should have registered safety engineers to engage in safety production management, and encourage other units to employ registered safety engineers. The second is to establish a classified management system for registered safety engineers according to their specialties, and authorize the human resources and social security departments of the State Council, the supervision and administration of production safety and other departments to formulate specific implementation measures.
Ten, we must promote the liability insurance for production safety.
According to the pilot experience of Henan, Hubei, Shanxi, Beijing, Chongqing and other provinces (cities) since 2006, the key point is to increase the sources of compensation funds for accident victims other than employees of accident units. The new law stipulates that the state encourages production and business units to participate in safety production liability insurance.