1. The necessity of amending the Regulations
July 30, 2010,The 16th meeting of the Standing Committee of the 11th People's Congress of Henan Province passed the "Henan Province Safety Production Regulations",And it will come into effect on October 1 of that year,The "Regulations" are important for strengthening the supervision and management of production safety in our province、Preventing and reducing production safety accidents、Guarantee the safety of people’s lives and property,Played an important role。With the continuous optimization and upgrading of our province’s industrial structure、Innovation drives continuous development、New urbanization continues to advance、Basic capacity building continues to improve,The number of production and business units is increasing、More and more types,The complexity of production and business activities、The risk is getting higher and higher,The requirements for legal construction of safety production are getting higher and higher。Especially after the 2014 revision of the "Production Safety Law of the People's Republic of China" (hereinafter referred to as the "Production Safety Law"),The internal and external conditions for production safety have undergone great changes,It is very necessary to revise and improve the "Regulations" of our province:
First, the revision of the "Regulations" is the need to implement the newly revised "Safety Production Law"。After the National People's Congress Standing Committee revised the "Safety Production Law" in 2014,There are many provisions in our province's "Regulations" that are inconsistent with the content of the revised higher-level law,Can no longer meet the actual needs of production safety supervision and management in our province,Urgent revision。In order to play the leading and protective role of the legal system,Maintain the unity of the socialist legal system、Dignity and authority,It is very necessary to revise the "Regulations" of our province。
The second is to amend the "Regulations" to implement the Party Central Committee、Needs for important decision-making and deployment of the State Council。In recent years,Party Central Committee、The State Council has put forward new and higher requirements for production safety work,December 2016,The "Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting Reform and Development in the Field of Safety Production" are released,January 2018,General Office of the CPC Central Committee、The General Office of the State Council issued the "Opinions on Promoting Urban Safety Development",April 2018,General Office of the CPC Central Committee、The General Office of the State Council issued the "Provisions on the Safety Production Responsibility System for Local Party and Government Leading Cadres"。The above documents start from the sound implementation of responsibilities、Reform the regulatory system、Promote security and rule of law、Establish a prevention and control system、Strengthen basic security、Deepen the source management of urban safety、Proposed a series of reform measures in terms of clarifying the safety responsibilities of party and government leading cadres,Amendment of the Regulations,Meet the requirements of the Party Central Committee and the State Council。
Third, the revision of the "Regulations" is to meet the needs of the production safety situation in our province。Since the implementation of the "Regulations",The awareness of production safety in the whole society continues to strengthen、Safety production system continues to improve、The situation of production safety continues to improve。But the total number of accidents in our province is still large,The security situation is still unbalanced,Therefore it is necessary to amend the Regulations,Improving various systems and mechanisms,Promote the resolution of various problems and conflicts,Improving our province’s production safety management capabilities。
II. The overall idea of revising the Regulations
Overall ideas for the revision of the "Regulations": in-depth implementation of the Party Central Committee、The State Council’s guidelines and policies on production safety and the legislative spirit of the “Legislation Law” and “Work Safety Law”,Oriented by the outstanding problems existing in the safety production work of our province,Closely linked to the actual economic and social development of our province,Implement the Provincial Party Committee、Important decisions and arrangements of the provincial government;Consolidate the foundation with a strong foundation、Consolidating the foundation as the foundation,Establish a long-term mechanism for law-based public security;More emphasis on preventive measures in system design and behavioral norms。To promote the implementation of safety production responsibilities as the main line,To promote the implementation of safety production responsibilities as the main line,Responsibility for implementation and classification、Territorial management and“The industry must manage safety、To manage business, you must manage safety、Safety must be taken care of when managing production and operation”’s request,Further clarification、Clear the responsibilities of people’s governments at all levels and departments responsible for safety production supervision;Strengthening accountability for production safety,Increase the cost of safety violations,Don’t dare to break the law to enhance security、A deterrent that cannot break the law。Follow the above ideas,Insisting on and implementing the reality-based approach during the revision process、Completely revised、Easy to operate、Principles such as moderate advance,Develop the best local Regulations possible。
3. Contents and features of the amendments to the Regulations
The revised "Regulations" have a total of seven chapters and 64 articles,Compared with the original Regulations,Same chapter terms,However, substantial modifications have been made on the basis of the original Regulations,Deleted 23 items,Modify and merge 35 items,28 new items,Retain 1 article of the original Regulations。The chapters of the "Regulations" and the "Work Safety Law" are basically the same,Contains general provisions、Production safety guarantee for production and business units、Employees’ rights and obligations in production safety、Safety production supervision and management、Emergency rescue and accident investigation and handling、Legal Responsibilities and Supplementary Provisions Chapter Seven。The "Regulations" have 52 articles that refine and supplement the relevant provisions of the new "Safety Production Law",Targetedly solve the specific operational problems in the implementation of higher-level laws in our province,At the same time, some new systems have been established to strengthen the prevention, control and supervision of safety production risks in key (high-risk) industries,The following features are highlighted。
(1) Further strengthening the main responsibility of production and business units
In order to implement the "Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting Reform and Development in the Field of Safety Production"";Strictly implement the main responsibilities of enterprises”Spirit,Article 4 of the "Regulations" clarifies that production and business units are the main body responsible for safety production,The main person in charge of the production and business unit is fully responsible for the unit’s production safety work。Chapter 2 of the "Regulations" starts with establishing and improving the production safety responsibility system and production safety rules and regulations、Strengthen safety production management and other aspects,Strengthened that production and business units should improve the hidden danger investigation and management system、Strengthen education and training for practitioners、Promote safety production technology, standardization and informatization、Strengthen the management of relevant parties and external personnel、Improving the emergency management system and other specific responsibilities。
1.Improving the safety production responsibility system of production and business units。On the basis that the "Production Safety Law" stipulates that production and business units should establish and improve a sound production safety responsibility system,Article 11 of the "Regulations" clearly stipulates that the production safety responsibility system of production and business units should cover all levels、All personnel in each position and the entire process of production and operation activities,At the same time, it is required to strengthen the supervision and assessment of the implementation of the safety production responsibility system,Ensure the implementation of the safety production responsibility system。
2.Strengthened the main person in charge、Safety production responsibilities of production safety management organizations and production safety management personnel。
First, strengthen the safety production responsibilities of the main person in charge。Article 13 of the "Regulations" clarifies the ten responsibilities that the main person in charge of the production and operation unit shall perform as the first person responsible for the unit's safety production,Compared with the "Safety Production Law",Added“Organize and carry out the construction of safety production standardization in the unit、Implement the withdrawal and use of production safety expenses、Carry out risk prevention and control management、Cooperate with the investigation of production safety accidents、Responsible for reporting the management of major hidden dangers to the departments responsible for the supervision and management of production safety and the enterprise workers’ congress and the law、Other safety production responsibilities stipulated in regulations”Other responsibilities。Clear the responsibilities of the main person in charge of the production and operation unit,Help improve management’s security awareness,Promote enterprises to strengthen management,Better safety production work。
The second is to strengthen the safety production responsibilities of production safety management institutions and production safety management personnel。Article 15 of the "Regulations" clarifies the eleven responsibilities that safety production management agencies and safety production management personnel should perform,Compared with the "Safety Production Law",Added“Implement safety production laws、Regulations and relevant national standards、Industry Standard,Provide opinions and suggestions for the unit’s production safety decision-making;Organize or participate in the formulation of annual safety production work plan;Organize or participate in the implementation of the safety production standardization construction of the unit;Organize or participate in the establishment of this unit、Renovation、Review of safety facilities of expansion project;Assist in investigating and handling bet365 live casino and sports bettingproduction safety accidents,Statistics on accidents、Analysis,Implement preventive measures;Specially responsible for safety production assessment,Propose opinions on rewards and punishments”Other responsibilities。Clear the responsibilities of the production safety management organization and production safety management personnel,Helps safety production management personnel to perform their legal duties,Carry out various safety production work。
3.Reasonably quantified safety production management personnel allocation standards for each production and business unit。Since the "Safety Production Law" does not clarify the standards for each production and business unit to be equipped with safety production management personnel,The safety production management staffing standards specified in the "Regulations" formulated in 2010 no longer meet actual needs,Reasonably allocate production safety management personnel according to the scale of each production and business unit,Ensure that actual work needs are met,This problem urgently needs to be solved at the legislative level。
Article 14 of the "Regulations" clarifies the standards for each production and business unit to equip safety production management personnel:
First, mines with more than 50 employees、Metal smelting、Construction、Production of Road Transport Units and Hazardous Goods、Operation、Storage、In principle, the proportion of full-time production safety management personnel for units whose waste disposal and use of dangerous goods constitute major sources of danger (hereinafter referred to as high-risk production and business units) shall not be less than 2%;If the production and business unit has set up a safety production management organization with relatively independent functions,Improving the safety production management system (branch)、Workshops and teams have established safety production management organizations and are equipped with full-time safety production management personnel),Can be exempted from the 2% limit,But it should meet actual work needs。
Second, high-risk production and business units with less than 50 employees should be equipped with at least one full-time safety production manager。
Third, other production and business units with more than 100 employees shall be equipped with no less than 2 full-time safety production management personnel。
Fourth, other production and business units with less than 100 employees shall be equipped with full-time or part-time safety production management personnel。The above regulations come from various industries、All levels、Quantify the staffing standards of production safety management personnel from different angles,Make reasonable regulations for each production and business unit,Provides law enforcement basis for departments responsible for safety production supervision and management。
4.Strengthened the education, training and assessment of employees in production and operation units。Article 17 of the "Regulations" includes the disposal of hazardous materials not specified in the "Safety Production Law" and the main person in charge of the unit and the safety production management personnel who use the quantity of hazardous materials that constitute major hazard sources into the scope of assessment。The "Regulations" strengthen the safety production training requirements for dispatched workers and employees who change types of work。Compared with the "Safety Production Law",Article 16 of the "Regulations" adds training content for dispatched workers and employees who change types of work,Clearly stipulates that no one is allowed to work without being trained and qualified,Improving the content of production safety education and training files。
5.Established a management system for relevant parties and external personnel of production and operation units。To save costs,Streamlined and efficient,Production and business units often hire contracting units or construction units (referred to as relevant parties) and external personnel to engage in some project construction activities。Due to the lack of clear regulations on the management of relevant parties and outsiders in the higher-level law,Production and business units have relatively weak management of relevant parties and outsiders。In actual production activities,Often because production and business units do not properly manage relevant parties and outsiders,Causing some accidents。To regulate the management of relevant parties and external personnel,March this year,The Henan Provincial Department of Emergency Management has issued the "Henan Provincial Industrial, Mining and Commercial Trade Industry Production and Operation Units Related Parties and Foreign Personnel Safety Production Management Measures" based on the actual situation of the province.。When the "Regulations" are revised,Incorporate part of the contents of the above files,Make it clear that production and business units should establish a management system for related parties and outsiders。
Article 28 of the "Regulations" stipulates that: Production and business units shall include relevant parties and outsiders who enter the unit's workplace into the unit's unified and coordinated management of production safety,And perform the following duties:
(1) Establish, improve and implement a production safety responsibility system for relevant parties and external personnel、Rules, Regulations and Safety Measures,Organize relevant parties and external personnel to participate in emergency drills;
(2) Establish a list of relevant parties and external personnel and a production safety management file;
(3) Supervise and inspect the safety production work of relevant parties and external personnel,Promptly investigate and eliminate accident hazards;
(4) Review the qualifications of special operations personnel of relevant parties and the construction plan formulated、Safety Measures;
(5) Provide safety education and training for outsiders entering the factory and keep records。Although the terms are not much,But it’s still a breakthrough,At the same time, it reflects the importance that the party and the government attach to the work activities of relevant parties and outsiders,Improving the safety production management system of production and business units,Strengthened the safety production management of relevant parties and external personnel。
6. Improved the accident hazard investigation and management system.
The first is to standardize the investigation and management of hidden dangers,Based on the relevant provisions of the "Safety Production Law",Article 24 of the "Regulations" adds the content of the hidden danger investigation and management system for production and business units: it clarifies the responsibility system for hidden danger screening and the classification of accident hazards for production and business units,Proposed the requirement that production and business units should compile a standard list of accident hazard investigation and management,Provide procedures and measures for handling hidden dangers,Provisions have been made for production and business units to conduct regular statistical analysis on the investigation and control of hidden dangers,Added provisions for production and business units to report statistical analysis of hidden danger investigation and management and major accident hazards to the department responsible for the supervision and management of production safety。
The second is to clarify the regulations for carrying out special hidden danger inspections under special circumstances。Article 25 of the Regulations,Any of the following situations,Production and business units should conduct special accident hazard investigation:
(1) Laws on production safety、Regulations、Safety production standards have changed after the regulations were issued or revised;
(2) Changes in operating conditions, equipment and facilities, and process technology;
(3) Resumption of work and production, accident or danger;
(4) Flood season、Extreme or abnormal weather、Major holidays、Large-scale event;
(5) Other situations where special accident hazard investigation should be carried out。Passed the above special hidden danger investigation regulations,Strengthen the investigation and management of hidden dangers in production and business units。
The third is to improve the content and form of risk notification for production and business units。Article 21 of the "Regulations" stipulates that operating and management units in densely populated places shall take measures to broadcast safety notices、Post safety instructions or set up safety warning signs to provide safety reminders,Truthfully inform the workplace and workplace of dangerous factors、Preventive measures and accident emergency measures。
7.Clearly promote the technological standardization and informatization of production safety。Production and business units strengthen production safety management,Improve safety facilities and equipment、Optimizing the production process requires scientific and technological support;Standardizing production safety management requires standardization to ensure,The implementation of risk prevention and control and hidden danger investigation and management systems requires informatization to assist。Article 4 of the "Regulations" clarifies that production and business units should promote technological advancement of production safety、Standardization、Informatization。This is very important for safe production work,Promote technology、Standardization、Informatization is a modern enterprise concept that adapts to economic and social development,At the same time, it is an important means to strengthen safety production management,It is also a major guarantee for improving safe production conditions。
8.Further clarify the distribution form of labor protection supplies。In order to protect the legitimate rights and interests of employees in distributing labor protection supplies,Article 18 of the Regulations to strengthen production and business units shall comply with national and provincial regulations,Distribute labor protection supplies that comply with national standards or industry standards to employees,Clearly stipulates that the distribution form of labor protection supplies is ";Free distribution,No currency or other items may be substituted”。
9. Strengthened the emergency management system.
First, the emergency management system of production and business units has been strengthened。On the basis that the "Work Safety Law" clearly stipulates that production and business units establish an emergency management system,Article 49 of the "Regulations" adds production and business units“Monitor areas and links prone to production safety accidents in production and operation activities;Set emergency evacuation and life-saving facilities in the work area;Organize emergency plan training;Organize a comprehensive emergency plan drill or a special emergency plan drill at least once a year,Organize on-site disposal plan drills at least once every six months”Specific responsibilities in other aspects。
The second is to refine the regulations for high-risk production and operation units to establish emergency rescue organizations or equip emergency rescue personnel。Article 50 of the "Regulations" clarifies that high-risk production and business units should establish emergency rescue organizations、Limited range of emergency rescue personnel,And take one hundred employees as the limit,Make it clear that units with more than 100 employees should establish emergency rescue organizations、Emergency rescue personnel equipped,Those with less than 100 people should be equipped with emergency rescue personnel。Because currently only Zhengzhou City in our province has rail transit safety problems,And the "Zhengzhou Rail Transit Regulations" have made detailed provisions on rail transit safety,Accordingly,The "Regulations" do not include urban rail transit safety in bet365 casino live blackjackthe scope of adjustment。Treat production and business units within the jurisdiction of the Development Zone Management Committee as a special case,It is clear that we can jointly establish an emergency rescue team。
The third is to clarify the accident handling procedures of production and business units。Article 51 of the Regulations,After a production safety accident occurs in a production and business unit,The emergency rescue plan should be activated immediately,Take effective measures,Organize accident rescue,The person in charge of the production and business operation unit shall report to the relevant departments as required within one hour of receiving the accident report。
10.Strengthened the rights and obligations of employees in production and business units。
First, it is clear that production and business units must not transfer responsibilities。Article 40 of the Regulations,Production and business units shall not transfer the responsibility for production safety to labor dispatch units。
The second is to clarify the rights and obligations of employees。Article 38 of the "Regulations" adopts a list list,Make it clear that practitioners have“Work-related injury insurance rights、Right to education、Right to know about risk factors、The right to criticize, suggest, report and accuse、The right to refuse illegal orders or forced risky operations、Emergency right、Right to compensation and other rights stipulated in laws and regulations”Eight other rights。Article 39 of the "Regulations" clarifies that practitioners have ";Abide by the law and obey management、Get educated and participate in drills、Report accident hazard、Participate in accident rescue and rescue and cooperate with accident investigation”etc. four obligations。
Third, it is clarified that production and business units shall not reduce or reduce the rights and interests of employees because the employees perform their legitimate rights。Article 40 of the "Regulations" stipulates that production and business units shall not criticize the unit's work safety due to employees、Report、Charge or refuse illegal command、Forcing risky work and reducing the rights and interests of employees,Reduce their salary、Benefits and other benefits or the termination of the labor contract concluded with them。
(2) Further strengthening the safety supervision of key industries and matters
The "Regulations" strengthen the prevention and control of safety production risks、Innovation in promoting the construction of basic security capabilities and security mechanisms for production safety,Improved production safety rules and regulations for high-risk units、Expand the scope of key supervision、Strict safety distance regulations、Clear six requirements for safety facilities and equipment、Established a leadership on-site guidance system、Strengthened the management of major hazards、Seven prohibited behaviors in business premises、Clarified the production safety liability insurance system、Strengthen the safety management of tailings ponds。
1.Strengthened production safety rules and regulations for high-risk units。Because the "Safety Production Law" does not specify what safety production rules and regulations production and business units should establish,The production and operation unit formulation system lacks measurement standards,It is also difficult to grasp the law enforcement of departments responsible for the supervision and management of production safety。To solve this problem,Article 12 of the "Regulations" clearly stipulates 14 production safety rules and regulations that high-risk production and business units must establish,Plays a role in regulating the safety production management of high-risk production and business units,At the same time, it provides law enforcement basis for departments responsible for safety production supervision and management。
2.Expand the scope of key supervision on production safety。In recent years,Our country is in the mines、Construction、Outside the traditional high-risk industries of hazardous chemicals production and storage,Dust explosion、Ammonia-related refrigeration、Major casualties have also occurred in machinery manufacturing and other industries,Causing a lot of negative impacts on society。Based on summarizing the patterns and characteristics of accidents in recent years,Breaking through the ideological constraints of traditional high-risk industries,Combined with reality,Article 30 of the Regulations involves dust explosion、Ammonia-related refrigeration、Machinery manufacturing and other industries are included in the scope of key supervision,Strict management,Reflects the importance our province attaches to safety production work,It is also an innovation in regulatory concepts。
3.Strengthening safety distance regulations。The safety distance is to prevent the human body from touching or approaching dangerous objects or dangerous states,Prevent harm caused by dangerous objects or dangerous states,A certain spatial distance needs to be maintained between the two。Insufficient safety distance is a potential accident hazard,Some even pose major accident risks,Often leads to accidents。Maintaining a safe distance is an effective measure to prevent accidents,Article 20 of the Regulations、Article 37 stipulates to strengthen the safety distance inside and outside the production and business premises and around the building,Very important for safe production。
First, clarify the safety distance regulations between various areas within the production and operation unit and with the surrounding areas。Article 20 of the Regulations,Production area of the production business unit、Living area、Safe distance between storage areas and safety distance for perimeter protection,Should comply with national standards or industry standards。
Second, it is clear that buildings with relatively dense populations should be separated from places with greater risks、Maintain safe distance in facilities。Article 37 of the "Regulations" stipulates that residential areas (buildings) shall not be constructed within the following scope、School、Kindergarten、Markets and other public gathering buildings:
(1) Production of dangerous goods、Operation、Within a safe distance in the storage area;
(2) Areas endangered by major hazards;
(3) Areas endangered by mining collapse;
(4) Areas endangered by tailings ponds (including solid waste dumps);
(5) Within a safe distance of oil and gas pipelines;
(6) High-voltage transmission line protection zone。Production of dangerous goods、Business premises and storage facilities whose storage quantities constitute major hazards、Oil and gas pipelines、High voltage transmission line,Must be related to residential area (floor)、School、Kindergarten、Keep the safe distance prescribed by the state in markets and other buildings where the public gathers。
4.Six requirements to strengthen safety equipment and related facilities。Safety equipment refers to the equipment used by enterprises (units) in production and business activities,will be dangerous、Harmful factors are controlled within safe limits,and reduce、Devices (equipment) and equipment adopted to prevent and eliminate hazards。Relevant facilities are mainly safety facilities,includes accident prevention facilities、Three categories of facilities to control accidents and facilities to reduce and eliminate the impact of accidents。Selection of safety equipment and related facilities、Install、Detection、Inspection、Maintenance、Maintenance is very important,Its safety and reliability are related to the safe production of enterprises。
Based on the relevant provisions of the "Safety Production Law",Article 27 of the "Regulations" clarifies six key requirements for safety equipment and related facilities in relevant places:
(1) Regular testing、Maintenance、Maintenance,Keep security protection in good condition;
(2) Electrical equipment、Line installation complies with national standards or industry standards;
(3) Use corresponding explosion-proof electrical equipment in workplaces with explosion risks;
(4) For those who may suffer personal injury or other accidents,Equip necessary rescue drugs according to actual needs、Equipment,And check and replace regularly;
(5) Conduct safety performance testing and inspection of special equipment in accordance with the law;
(6) Other safety requirements stipulated in national standards or industry standards。
5.Established a dangerous operation safety confirmation system。Dangerous operations refer to operating activities that are highly dangerous to the surrounding environment。The "Safety Production Law" stipulates that hazardous operations should arrange specialized personnel for on-site safety management、Regulations to ensure implementation of operating procedures and safety measures。To strengthen production safety management in hazardous operations,Article 26 of the "Regulations" further stipulates strict procedures for hazardous operations,Make it clear before the production and business unit engages in dangerous operations,Operators should be confirmed、Job conditions、Operating Procedure、Operation risk notification、Five measures including job site management,The real factors of dangerous operations、Every link、Strict control over the entire process,In case of accident。
6.Strengthen the on-site leadership system for relevant industry leaders。In order to strengthen the safety production site management of high-risk production and operation units,The "Regulations" draw on the regulations of the former State Administration of Work Safety on the leaders of mining enterprises taking turns to lead the team down the mine,clear mine、Metal smelting、Building construction and production of hazardous materials、Operation、The relevant person in charge of the storage unit should implement the on-site guidance system,Inspect key links、Key parts,Timely discovery and handling of hidden dangers,Ensure safe production。Specially specify the mine leadership leadership,Be on the same page as the workers。
7.Strengthened the management of major hazards。Major hazard sources are highly dangerous,The consequences of an accident are serious,The country has always attached great importance to the management of major dangerous sources。The "Safety Production Law" establishes the registration and filing of major hazard sources、Regular testing、Evaluation、Monitoring、Develop an emergency plan、Performance Notice、Recording system。Based on the above provisions of the "Safety Production Law",Article 23 of the "Regulations" further strengthens the management of major hazards,Added the following provisions:
(1)Reporting system。Contains truthful declaration、Report the management and control of major hazard sources of the unit to the department responsible for safety production supervision and management every six months、Regulations on timely reporting when major hazard sources change。
(2) The safety monitoring and control system should carry out regular maintenance requirements。
(3) It is stipulated to organize at least one drill every six months.
(4) Provisions for setting warning signs in conspicuous locations.
8.Seven prohibited behaviors in business premises。Combined with the safety production characteristics of densely populated places or units,Article 22 of the Regulations is in the form of a list,Proposes seven situations that are prohibited in densely populated units or business premises:
(1) Violation of relevant national regulations,Production、Operation、Storage、Carrying dangerous chemicals、Fireworks and firecrackers are toxic and harmful、Inflammable and explosive items;
(2) Crowding、Blocking evacuation channels、Vent、Fire exit;
(3) Using liquefied petroleum gas and gasoline in underground space、Kerosene、Methanol、Ethanol and other flammable liquids as fuel;
(4) Installation in violation of regulations、Using electrical products and laying electrical wiring;
(5) Dismantle and destroy Bet365 app downloadvarious safety facilities and equipment;
(6) Other behaviors prohibited by laws and regulations;
(7)School、Kindergarten、Shopping Mall、Medical Institution、Elderly Care Institution、Hotel、No houses may be rented out in densely populated units or places such as markets、The site is used for the production of hazardous materials、Operation、Storage、Loading and unloading activities。The above seven prohibited behaviors reflect the case nature of the Regulations,Added freshness to the Regulations,Enhanced the enforcement of the Regulations。
9.Clarified the production safety liability insurance system。Establishing a production safety liability insurance system in high-risk industries,Hire a third party to participate in safety production management by withdrawing premiums,Prevent and reduce accidents,Protecting the legitimate rights and interests of employees,is a popular safety production management measure abroad。Article 29 of the "Regulations" is in accordance with relevant national regulations,In the mine、Road transportation、Hazardous chemicals、Construction、Civil explosives、Metal smelting、Implement safety production liability insurance system in fishery production and other industries,It is a useful supplement to the current safety production supervision method,It is also a concrete manifestation of the implementation of the "Opinions of the Party Central Committee and the State Council on Promoting Reform and Development in the Field of Safety Production",Help promote enterprise safety production。
10.Strengthened the safety management of tailings ponds。To strengthen the safe production management of tailings ponds,Learn from part of the regulations on safety management of tailings ponds of the former State Administration of Work Safety,Article 36 of the "Regulations" strengthens the tailings pond management regulations for normal production,And clarified the safety management responsibilities after the tailings reservoir is closed based on the actual conditions of our province。
(3) Further strengthening the safety production supervision system
The "Regulations" pass the strengthening of regulatory principles、Clarify the responsibilities of the emergency management department and other relevant departments、Explicit entrustment licensing system、Strengthened hierarchical territorial supervision of central enterprises in Henan and provinces、Strengthening safety production standardization and informatization construction、Implement joint punishment for breach of trust in production safety、Strengthening emergency management of government departments、Establish an accident investigation and supervision system and an investigation report disclosure system、Strengthen democratic supervision of trade union organizations、Strictly related to the organizational responsibilities of the association,Promote governments at all levels and relevant departments to strengthen supervision and management of production safety。
1.Strengthened the principles of safety production supervision。To strengthen the supervision and management of production safety,Implement the Party Central Committee、The State Council’s guidelines and policies on production safety,Article 3 of the "Regulations" clarifies that safety production work must adhere to the people-centered approach,At the same time,From the perspective of regulatory responsibilities, two regulatory principles are clarified: First, it is clear that safety production supervision and management are implemented in hierarchies、Principles of territorial management;The second is to clearly regulate the industry、Manage business、When managing production and operation, safety must be managed and the principle of who is in charge is responsible。
2.Clarified the responsibilities of departments responsible for safety production supervision and management。
First, the division of responsibilities of departments responsible for safety production supervision and management is clarified。Article 6, Paragraph 1 of the "Regulations" is based on the reform of party and government institutions,Modify production safety supervision and management departments at all levels into emergency management departments,And clarify the industries within the scope of its comprehensive supervision, management and performance responsibilities、Field safety production supervision and management responsibilities。The second paragraph of this article clarifies that other relevant departments should perform the jurisdiction of the industry、Safety production supervision and management responsibilities in the field。The third paragraph of this article clarifies the emergency management department and other relevant departments,Collectively referred to as the departments responsible for the supervision and management of production safety。
The second is to clarify six specific responsibilities of the emergency management department and (other) departments responsible for safety production supervision and management。Article 41 of the "Regulations" uses a list to list the emergency management department responsible for comprehensive supervision of production safety、Develop industry policies、Supervision of administrative law enforcement、Guide accident investigation、Perform industry supervision、Complete other statutory duties and other six responsibilities。Article 42 of the "Regulations" clarifies that (other) departments responsible for safety production supervision and management shall establish a safety supervision responsibility system、Strengthen industry supervision、Carry out supervision and inspection、Supervise the rectification of major accident hazards、Participate in accident investigation、Six responsibilities including performing other statutory tasks: The above provisions detail the responsibilities of the emergency management department and (other) departments responsible for safety production supervision and management,is a necessary supplement to the relevant provisions of the "Safety Production Law",Regulating the behavior of emergency management departments and (other) departments responsible for safety production supervision and management,Guide them to perform their duties and play a leading role。
The third is to refine the township、Town Government,Street Office、Safety supervision responsibilities of the development zone management committee and other people’s government agencies dispatched。Article 5, Paragraph 3 of the "Regulations" clarifies the township、Town Government,Street Office、The development zone management committee and other agencies dispatched by the people’s government shall designate agencies to be responsible for production safety work,Equip safety production management personnel,According to responsibilities,Strengthen the supervision and inspection of the safety production status of production and business units within the jurisdiction,Assist relevant departments of the people’s government at higher levels to perform their work safety supervision and management responsibilities in accordance with the law。
3.The entrusted administrative licensing system was further clarified。For convenience and efficiency,The "Regulations" clarify the entrustment licensing system,At the same time, it is emphasized that the legal responsibility for the consequences of entrusted licensing behavior shall be borne by the entrusting department。Article 43 of the Regulations,The departments responsible for the supervision and management of production safety under the people's governments of provinces and municipalities divided into districts may entrust administrative licensing matters related to production safety to the departments responsible for the supervision and management of production safety under the people's governments at the next lower level within the scope of their statutory powers. Implement,And bear legal responsibility for the consequences of the entrustment。
4.Clarified the regulations on the hierarchical territorial supervision of central enterprises in Henan and provinces。In order to reduce repeated checks,Strengthening the supervision and management of production safety at central enterprises in Henan and provinces,Article 47 of the Regulations,People’s governments at or above the county level and their relevant departments shall comply with the relevant provisions of the state and the province on the classification and classification of production safety and territorial supervision,Implement supervision and management of production safety of central and provincial enterprises in Henan within this administrative region。
5.Clarified the safety production standardization of relevant departments、Responsibilities in information management。To ensure safe production standardization、Informatization construction was successfully implemented,Article 44 of the "Regulations" clarifies the responsibilities of the emergency management department and (other) departments responsible for the supervision and management of production safety in the construction of production safety informatization。Article 46 of the "Regulations" clarifies the responsibilities of the emergency management department and (other) departments responsible for the supervision and management of production safety in the construction of safety production standardization。
6.Strengthened joint punishment measures for illegal and untrustworthy behavior in production safety。The state promotes credit system,Incorporating production safety violations into untrustworthy conduct and implementing joint punishments is a severe crackdown on illegal activities、An important means to strengthen safety production management。Article 45 of the "Regulations" clearly stipulates that the departments responsible for the supervision and management of production safety at the people's government at or above the county level shall establish an information database for production safety violations;For production and business units and relevant personnel who have violated production safety laws,Approval of new projects in accordance with national regulations、Land use、Mining rights obtained、Government Procurement、Credit Financing、Adopt joint disciplinary measures in terms of policy funds and fiscal policy support。
7.Strengthened the emergency management responsibilities of people’s governments at or above the county level and relevant departments。
First, the emergency management responsibilities of the people’s governments at or above the county level are clarified。Based on the relevant provisions of the "Safety Production Law",Article 48, paragraph 1, of the "Regulations" clarifies that people's governments at or above the county level shall ";Establish and improve the emergency rescue mechanism for bet365 live casino and sports bettingproduction safety accidents,Develop an emergency rescue plan for production safety accidents and organize regular drills,Establish an emergency rescue base and emergency rescue material reserve、Management、Allocation system,Equip emergency rescue team,Organize and carry out emergency rescue work for production safety accidents”Responsibilities。The second paragraph of this article adds the responsibility of people’s governments at or above the county level to encourage and support the construction of social rescue forces。
The second is to strengthen the handling measures that relevant government departments should take after receiving accident reports。The second paragraph of Article 51 of the "Regulations" clarifies that the relevant government departments shall perform ";Activate the corresponding emergency plan,Organize rescue,Verify and determine the nature of the accident,Coordinate accident emergency rescue、Major problems encountered in the aftermath,And promptly report to the people's government at the same level and the relevant departments at the higher level”Responsibilities。
8.Clarified the accident investigation and supervision system and the accident investigation report disclosure system。In order to improve the timeliness of accident investigation and handling,Intensify investigation and handling of accidents,Article 53 of the "Regulations" establishes a supervision system for the investigation, handling and handling of bet365 live casino and sports bettingproduction safety accidents,It is clarified that the people's government at the upper level can supervise the accident investigation and handling work of the people's government at the lower level。According to relevant national information disclosure regulations,Accident investigation information is of public concern,Should be made Bet365 app downloadpublic。Article 52, Paragraph 2 of the Regulations clearly stipulates,After the accident investigation report has been approved by the relevant people’s government,Should be announced to the public in a timely manner in accordance with the law。
9.Strengthened the democratic supervision of trade union organizations and employee representatives。To strengthen democratic supervision and democratic management of trade union organizations,Article 7 of the "Regulations" clarifies the rights of trade unions to participate in the democratic management and democratic supervision of production and operation units,It is stipulated that production and business units shall listen to the opinions of trade unions when formulating or revising safety production rules and regulations,And make provisions for employee representatives to participate in safety production management and supervision for production and business units that do not have a trade union organization。
10.Strengthened the organizational responsibilities of relevant associations。To strengthen the organizational management of industry associations,Give full play to the role of industry associations in providing technical services for production safety,Article 9 of the Regulations clearly stipulates,Relevant associations and organizations should strengthen industry self-discipline,According to law、Regulations、Rules and Bylaws,Provide safety production information exchange for production and business units、Technical consultation、Education and training and other services,Promote production and business units to strengthen production safety management。
(4) Further strengthening the accountability for production safety violations
Chapter 6 Legal Responsibilities of the Regulations,By detailing the illegal acts of administrative law enforcement personnel、Set the lower limit of administrative penalties、Add administrative penalty clause、Clear the basis for handling illegal construction and other regulations,Increase accountability for production safety violations,Increase the cost of safety violations,Enhance safety and dare not break the law、A deterrent that cannot break the law,Plays the role of punishment and education,Ensure safe production。
1.Refining the accountability for illegal acts of government regulatory department staff。On the basis of several situations in which the "Work Safety Law" clearly holds government regulatory department staff accountable,Article 54 of the "Regulations" adds requirements for staff of government regulatory departments“Failure to perform emergency rescue duties for production safety accidents in accordance with the law,causing serious consequences,Concealing production safety accidents、False reporting or delaying reporting,Obstruction、Interference in the investigation and handling of production safety accidents or accountability,Failure to investigate and deal with any production safety violations discovered or reported in accordance with the law”Provisions on accountability for other behaviors。
2.Strict the lower limit of administrative penalties for production safety violations。To avoid administrative enforcement process,Law enforcement officers have too much discretion in imposing administrative penalties,Combined with the provisions of superior laws,The legal liability part of the "Regulations" that involves fine clauses all sets a lower limit for fines,Avoided the unlimited reduction of fines by law enforcement officials,Enforcement is too lax。The Standing Committee of the Henan Provincial People’s Congress refined some of the penalties in the Regulations,Article 55 of the Regulations、Article 58、Article 61 sets a lower limit of fines of 10,000 yuan,Article 60 of the "Regulations" sets a lower limit of five thousand yuan in fines。
3.Added some administrative penalty provisions for production safety violations。
First, Article 55 of the "Regulations" adds ";Failure to report the investigation and management of potential accident hazards to the department responsible for safety production supervision and management,Establish an emergency rescue organization、Equipped with necessary emergency rescue supplies and equipment、Set up emergency evacuation and life-saving facilities;Mine、Metal smelting、Construction、Production of dangerous goods、Operation、The relevant person in charge of the storage unit failed to implement the on-site supervision system;Emergency plan training has not been carried out”Administrative Penalty Provisions for Other Illegal Acts。
Second, Article 58 of the "Regulations" adds ";Production area of the production business unit、Living area、The safety distance between storage areas and the safety distance for perimeter protection do not comply with national standards or industry standards;The management unit of the crowded place failed to broadcast safety notice、Posting safety instructions or setting up safety warning signs to provide safety reminders”Administrative Penalty Provisions for Other Illegal Acts。
Third, Article 60 of the "Regulations" adds a new requirement for ";Instead of distributing labor protection supplies in the form of currency;Safety equipment and related facilities do not meet national standards or industry standards”Administrative Penalty Provisions for Other Illegal Acts。
Fourthly, Article 61 of the "Regulations" adds a new requirement for ";Failure to implement monitoring and management responsibilities for major hazard sources;Failure to establish and implement production safety risk management and control and accident hazard investigation and management systems”Administrative Penalty Provisions for Other Illegal Acts。
4.Strengthened legal liability for illegal construction activities。In recent years,There are many construction projects approved by the state,Everywhere、Illegal construction behaviors are found in various industries,Some even lead to casualties and accidents。In order to strengthen the safety production management of construction projects in relevant industries,Article 62 of the "Regulations" clarifies the production of mines and dangerous goods、Storage、The loading and unloading unit will construct the project without corresponding construction qualifications,The construction unit has not prepared the construction organization design、Not designed according to safety facilities、Illegal construction behaviors such as failure to design and construct according to the construction organization,In accordance with the relevant laws on production safety in construction projects、Penalty in accordance with regulations;Constituting a crime,Pursuing criminal liability in accordance with relevant provisions of the Criminal Law。
October 27,The 6th China·Henan Talent Recruitment, Innovation and Development Conference was held at Zhengzhou International Convention and Exhibition Center。10 young talent representatives from Zhengzhou Meiyu Talent Apartment attended the conference。
Details > >