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Content of new Work Safety Law

2022-06-15 15:12:46
Times

First, the "three must-haves" have been written into law

New "safety production law" to increase the "safety in production work adhere to the leadership of the communist party of China" and "people first, life is the highest", further defined the safe production responsibility of the parties, specifically: pipe industry must tube security, clarify the safe production is the responsibility of the emergency management department, not just industry departments responsible for the supervision and administration of safety in the field of industry. Management business must be in charge of safety, that is, in addition to the main person in charge is the first person responsible, other deputy staff should be responsible for safety production work according to the division of business. Tube production and management must be tube safety, that is, grasp production at the same time must take into account safety, do a good job of safety, otherwise an accident, tube production to take responsibility.

Ii. The functions of safety supervision and management of all departments have been further clarified

The new Work Safety Law stipulates that relevant departments of transportation, housing and urban and rural construction, water conservancy and civil aviation shall supervise and administer work safety in relevant industries and fields within their respective responsibilities. The supervision and administration departments of new industries and fields shall be designated by the governments at or above the county level on the principle of having similar businesses; Relevant departments should establish a working mechanism of mutual cooperation, joint efforts, information sharing, resource sharing, and strengthening the supervision and administration of production safety according to law. Production safety power and responsibility list compilation provisions are also newly added to prevent the relevant departments buck-passing, compaction of relevant departments responsibility.

Third, it further compacted the main responsibility of production safety of production and operation units

One is to establish the safety production responsibility system; Second, we will establish a hierarchical security risk management and control mechanism and a major accident hidden danger screening and reporting system. According to the new Work Safety Law, production and business entities should establish a tiered risk control mechanism, regularly organize risk identification and assessment, and strictly implement tiered control measures to prevent risks from evolving into safety accidents. Hidden trouble investigation and management is "Work Safety Law" has been established an important system, the amendment and added a major accident investigation and management to timely report to the relevant departments, the purpose is to make production and business units in the supervision of the supervision department and the unit's staff under the dual supervision, to ensure that hidden trouble investigation and management in place.

Fourth, the production and operation units have increased the humanistic care for employees

The new Work Safety Law has an advocacy clause, which does not correspond to legal liability, but it is of great significance and practical needs. An enterprise with a sense of social responsibility will give more care to every employee from the perspective of humanistic care. Only when employees are physically and mentally healthy can they devote themselves to work with full energy and create greater value for the unit and even the society.

Fifth, the mining project construction outsourcing, dangerous operations and other targeted modifications

The new Work Safety Law has tightened the requirements for dangerous operations such as using fire and temporary electricity. On the basis of the original provisions of blasting, lifting and other operations, it is added that special personnel should be arranged to carry out on-site safety management when working with fire and temporary electricity, to ensure the compliance of operating rules and the implementation of safety measures.

Vi. The public interest litigation system of production safety has been stipulated

According to the new Work Safety Law, only people's procuratorates can file public interest litigation on work safety. The scope of filing a public interest lawsuit on production safety may be that the state interests or the public interests of the society are infringed upon because of the hidden danger or the serious accident caused by the illegal act of production safety.

The scope of punishment for illegal acts has been increased

The new Work Safety Law adds many illegal acts that should be punished. For example, item (4) of Article 99 of the Work Safety Law shuts down or destroys monitoring, alarming, protective or life-saving equipment and facilities directly related to production safety, or tampers with, conceals or destroys relevant data and information; In item (8), the production and operation units in catering industries use fuel gas without installing combustible gas alarm devices.

8. Increase the punishment for illegal acts

One is to increase the daily plan the penalty system of production and business operation entities in violation of the provisions of this law shall be ordered to correct and fine, refuses to correct, the departments responsible for the supervision and administration of production safety can since making shall be ordered to correct the date of the next day, continuous punishment according to the original penalty amount on a daily basis, further increased the cost of production safety. Second, the amount of the fine is higher, especially serious accident occurs, the circumstances are particularly serious, the impact is particularly bad, the emergency management department can according to the amount of the fine more than two to five times, the responsible production and business operation unit fined up to 100 million yuan. Third, the punishment has been strengthened. On the one hand, the amount of punishment for serious violations such as false reports issued by third-party institutions has been significantly increased. On the other hand, the relevant work shall not be engaged in within five years. If the circumstances are serious, lifelong industry and occupation shall be prohibited.

Compulsory insurance system for high-risk industries

The new Work Safety Law stipulates that eight high-risk industries, including mines, hazardous chemicals, fireworks, transportation, construction, civil explosives, metal smelting and fishery production, must take out work safety liability insurance. The scope of safety liability insurance covers not only the employees of the enterprise, but also the casualties and property losses of the third party, as well as the expenses related to rescue, accident identification and legal proceedings. Therefore, the safety production liability insurance is an effective way to transfer the risk and eliminate the accident damage in time.

X. The evaluation system for rectification of accidents has been added

The new Work Safety Law has added the assessment of accident rectification and the implementation of accident rectification and prevention measures, which is a powerful measure to monitor the effectiveness of rectification and prevent the recurrence of accidents.

 


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