The new development stage, new development concept and new development pattern put forward higher requirements for work safety. For a long time, Yongding has always regarded safety production as the first priority, put employee life safety in the first place, firmly established red line awareness and bottom line thinking, actively carried out various safety production science education activities, and continuously improved the safety management and control system.
The newly revised Production Safety Law will come into force on September 1, 2021. In order to enable everyone to better understand, implement and implement the new safety law, we now bring the latest interpretation of the the People's Republic of China safety production law (2021 edition).
The the People's Republic of China Safety Production Law is the basic and comprehensive law of safety production in China. This Law is formulated with a view to strengthening the work of production safety, preventing and reducing production safety accidents, ensuring the safety of people's lives and property, and promoting the sustained and healthy development of the economy and society.
Security status quo
The number of deaths from production safety accidents in my country has dropped from a historical peak of about 140000 in 2002 to 27100 in 2020, a decrease of 80.6. The number of major accidents dropped from 140 in 2001 to 16 in 2020, a decrease of 88.6. Although the number of deaths and accidents is on a downward trend, the figures of 27100 and 16 should be a wake-up call.
-- The above data are from the the People's Republic of China Emergency Management Department.
Content Interpretation
On June 10, the 29th meeting of the Standing Committee of the 13th National People's Congress deliberated and passed the "Decision of the Standing Committee of the National People's Congress on Amending the the People's Republic of China Work Safety Law" (the "Work Safety Law" was revised, and the revised "Work Safety Law" will come into effect on September 1, 2021.
There are 42 articles in the revised decision, accounting for about 1/3 of the original articles, mainly including the following aspects:
One is to implement new ideas and new ideas
This revision focuses on solving the outstanding problems of safety production that affect the construction of a new development pattern and the realization of high-quality development. It transforms the spirit of a series of important instructions and instructions of General Secretary Xi Jinping on safety production into legal provisions, and increases the safety production work to adhere to the people first and life First, establish the concept of safe development, prevent and resolve major security risks from the source, and provide a strong legal guarantee for the two major issues of overall development and safety.
The second is to implement the central decision-making deployment
The "Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Reform and Development of Work Safety" has made new major deployments on the guiding ideology, basic principles, and institutional measures for work safety. This revision thoroughly implements the spirit of the central document, and adds important systems such as the report on the investigation and management of major accidents, the mandatory implementation of safety production liability insurance in high-risk industries, and safety production public interest litigation.
Three is to improve the safety production responsibility system
First, strengthen the leadership responsibility of the Party committee and the government. This revision makes it clear that the work of production safety adheres to the leadership of the party, and requires people's governments at all levels to strengthen the construction of production safety infrastructure and the construction of production safety supervision capacity, and the required funds are included in the budget at the corresponding level.
Second, clarify the regulatory responsibilities of the relevant departments. It is stipulated that the work of production safety shall be implemented by "the industry must be in charge of safety, the business must be in charge of safety, and the production and operation must be in charge of safety". If the responsibilities for the supervision and management of production safety in emerging industries and fields are not clear, it is clear that the local people's governments at or above the county level shall determine the supervision and management departments in accordance with the principle of similar business.
Third, the main responsibility of the production and business units is compacted. It is clear that the main person in charge of the production and business operation unit is the first person responsible for the safety production of the unit, and is fully responsible for the safety production work of the unit, and other persons in charge are responsible for the safety production work within the scope of their duties. All kinds of production and business units are required to improve and implement the dual prevention mechanism of safety production responsibility system, safety risk classification control and hidden danger investigation and management, strengthen the standardization and information construction of safety production, increase the investment guarantee of safety production funds, materials, technology and personnel, and effectively improve the level of safety production.
Fourth, strengthen the prevention and response to new problems and new risks.
Deeply drawing lessons from accidents in recent years, it has made targeted regulations on new problems exposed in production safety accidents. For example, production and business units that use gas in the catering industry are required to install combustible gas alarm devices and ensure their normal use; Construction units in high-risk industries such as mines are required to strengthen safety management, and shall not illegally transfer construction qualifications, and shall not illegally subcontract or subcontract. Some institutions that are required to undertake safety evaluation shall implement a report disclosure system and shall not lease qualifications, attach them or issue false reports. At the same time, with regard to the new risks arising from new business type and new models, it is emphasized that it is necessary to establish, improve and implement the responsibility system for production safety for all employees, strengthen the education and training of production safety for employees, and fulfill the legal obligations of production safety.
Five is to increase the punishment of illegal acts
First, the fines are higher. Accident fines have been increased from 200000 yuan to 20 million yuan under the current law to 300000 yuan to 0.1 billion yuan; the amount of accident fines for the main person in charge of the unit has been increased from 30 to 80 per cent of the annual income to 40 to 100 per cent. The maximum fine for a particularly serious accident can reach a fine of 0.1 billion yuan.
Second, the punishment is more severe. Once the illegal act is discovered, it shall be ordered to rectify and impose a fine. If it refuses to rectify, it shall be ordered to suspend production and business for rectification, and the penalty may be continuously calculated on a daily basis.
Third, the punishment is stronger. Adopt joint disciplinary measures, the most serious of which are joint disciplinary measures such as industry or occupation bans.
The new version of the "Safety Production Law" is more stringent and clarifies the responsibility for safe production, emphasizing the principle of "three must", that is, the industry must manage safety, the business must manage safety, and the production and operation must manage safety. Departments responsible for safety supervision should cooperate with each other, work together to manage, share information, and share resources to form a regulatory force.
Only when everyone really pays attention to safety, improves safety skills and enhances safety awareness, can enterprises achieve real safety!
