Interpretation of New "People's Republic of China Safety Production Act"

Interpretation of New "People's Republic of China Safety Production Act"

Article 1 This Law is enacted for the purpose of strengthening work safety, preventing and reducing production safety accidents, ensuring the safety of life and property of the people, and promoting the sustained and healthy economic and social development.

Interpretation: This is a legislative goal. The first is to strengthen safe production. Safety production is a series of measures to effectively eliminate or control hazards and harmful factors in the production and business activities to avoid accidents that cause personal injury and property loss, so that the production process can be carried out under the specified conditions to ensure that the employees The personal safety and health, equipment and facilities are protected from damage, the environment is protected from damage, and related activities that ensure the smooth operation of production and business activities. The second is to prevent and reduce production safety accidents. Production safety accidents refer to the sudden occurrence of production and business operations in production and business activities (including activities related to production and operations) that harm personal safety and health, or damage equipment and facilities, or cause economic losses, leading to the original production and business activities (including (Actions related to production and business activities) Accidents that are temporarily suspended or permanently terminated. According to the Regulations of the State Council on Production Safety Accidents Reporting and Investigation, the accidents are classified into four levels according to casualties or direct economic losses caused by production safety accidents: special major accidents, major accidents, major accidents, and general accidents. The third is to protect people's life and property safety. Through legislation, it is necessary to strengthen the main responsibility of production and business units, attach importance to safe production, prevent and reduce production safety accidents, and its fundamental purpose is to ensure the safety of people's lives and property. The fourth is to promote sustained and healthy economic and social development. Safe production is the unity of safety and production. Its purpose is to promote production safely, and production must be safe. Safe production and economic development should be synchronized, and we must promote the sustained and healthy economic and social development.

Article 2 This Law applies to the safe production of units engaged in production and business activities in the People's Republic of China (hereinafter collectively referred to as production and business units); relevant laws and administrative regulations concerning fire safety and road traffic safety, railway traffic safety, and maritime traffic safety If there are other provisions on the safety of civil aviation, civil aviation safety and nuclear and radiation safety, and special equipment safety, their provisions shall apply.

Interpretation: This is the scope of application. All units engaged in production and business activities in the territory of the People's Republic of China, all enterprises, institutions, individual economic organizations and other organizations that are legally or illegally engaged in production and business activities, irrespective of their nature and size, shall be engaged in production and business activities. Should adapt to this law.

The adjustments to this Law are security issues in production and business activities. The "production and business activities" mentioned here include not only the exploitation of resources, the processing and production of various products, but also the construction of various types of projects and the business activities of the commercial, entertainment and other service industries. The safety issues in the activities of public places** are not within the scope of this Law.

In addition, fire safety, roads, railways, water transport, air transport and other transportation safety, nuclear and radiation safety, special equipment safety, etc. apply special laws and administrative regulations. However, in the case of some aspects of production safety that are not regulated by specific laws and regulations, the provisions of this Law shall apply.

Article 3 The work of safety in production shall be based on people, adhere to safe development, adhere to the principle of safety first, prevention first, and comprehensive control, strengthen and implement the main responsibility of the production and business operation units, establish the responsibility of production and business units, employee participation, government supervision, and industry Self-discipline and social supervision mechanisms.

Interpretation: This is the work safety policy and working mechanism. People-oriented and insisting on safe development are new ideas for safe production. "Safety first, prevention first, comprehensive management" is the guideline for safe production. The main responsibility of production and business units refers to the statutory duties and obligations of production and business units that should be performed in accordance with laws and regulations. Strengthening and implementing the main responsibility of production and business units is an inevitable requirement for ensuring the coordinated development of the economy and society, and is an objective requirement for the sustainable development of enterprises. Responsibility of production and business units, employee participation, government supervision, industry self-discipline, and social supervision are the patterns of work safety. Among them, the responsibility of implementing the main responsibility of production and business units is fundamental. Employees' participation is the basis, government supervision is the key, and industry self-regulation is the direction of development. Supervision is the guarantee to achieve the goal of preventing and reducing production safety accidents.

Article 4 Production and business units must abide by this Law and other laws and regulations concerning safe production, strengthen safety production management, establish and improve safety production responsibility systems and safety production rules and regulations, improve safety production conditions, and promote safe production standardization and improvement. Safe production levels ensure safe production.

Interpretation: This article is the basic obligation of the production and business unit. The first is the obligation to abide by laws and regulations. Production and business units must comply with this Law and other laws and regulations concerning safe production. This is an obligation that all production and business entities must perform. The second is to strengthen safety production management. Safe production management is an important part of business management. Pipe production must be managed safely. Adhere to insecurity and production, and strengthen safety production management. The third is to establish and improve the safety production responsibility system and safety production rules and regulations. The responsibility system for safety production is an integral part of the company's job responsibility system, and it is the most basic security system in the enterprise. It is also the core of the company's safe production and labor protection management system. The safety production rules and regulations are based on the responsibility system for safety production. Guiding and restraining people's behavior in safety production is the code of conduct for safe production. The fourth is to improve the conditions for safe production. The conditions for safe production include the "hardware" conditions of the facilities, equipment, places, and the environment of the production and business units in production safety, as well as the "software" conditions such as safety production education and training. On the basis of meeting the conditions for safe production, production and business units must continuously improve the conditions for safe production and fundamentally promote the improvement of the level of safe production. The fifth is to promote the construction of safe production standardization. Safety production standardization includes safety objectives, organization and personnel, safety responsibility system, safety production investment, laws and regulations and safety management system, team construction, production equipment and facilities, scientific and technological innovation and informationization, job management, hidden trouble investigation and management, and hazard sources Identification and Risk Control, Occupational Health, Safety Culture, Emergency Rescue, Incident Reporting and Investigation, Performance Evaluation, and Continuous Improvement. The purpose of promoting the standardization of production safety is to increase the level of safety production and ensure safe production.

Article 5 The person in charge of the production and business operation unit shall be fully responsible for the safety production work of the unit.

Interpretation: This article stipulates the main responsibilities of the main person in charge of production and business operations. The principal person in charge of a production and business operation unit is, for a company formed by the company, the chairman and manager of a limited liability company or a joint stock limited company (general manager, chief executive officer, or other person in charge of the company that actually performs the duties of the manager); In the case of non-corporate companies, it refers to the "top leaders" of the company's managers, managers, and mine managers.

The chief person in charge of the production and business operation unit is fully responsible for the safety production, not only for the unit but also for the society. Its main responsibilities include: ensuring the capital investment required for the unit's safety production; establishing and improving the unit's safety production responsibility system; organizing the establishment of the unit's safety production rules and regulations and operating procedures; organizing and implementing the unit's safety production education and training Plan; supervise and inspect the safety production work of the unit, eliminate hidden dangers of production safety accidents in time; organize and formulate and implement the emergency rescue plan for production safety accidents of this unit; report production safety accidents in a timely and truthful manner. The principal person in charge of production and business units should perform their duties in safety production in accordance with the law and do a good job in the work safety of the unit.

Article 6 The employees of the production and business operation units shall have the right to guarantee the safety of production in accordance with the law, and shall fulfill their duties in terms of production safety in accordance with the law.

Interpretation: This article stipulates the rights and obligations of employees in production and business operations. The employees of the production and business operation unit referred to in this Law refer to all the personnel engaged in the various operations of the production and business activities, including management personnel, technical personnel, and jobs at all posts, as well as temporary employment of the production and business units and dispatched labor. By.

The rights of employees to enjoy safety and security include: 1. The right to know about safe production. Including the right to obtain safe production education and skills training, and be honestly informed of the danger factors, preventive measures, and accident emergency measures in workplaces and work positions. 2. The right to obtain labor protection articles that meet the national standards. 3. There is a right to criticize and recommend safety production issues. Employees have the right to criticize, recommend, report, and sue the safety production problems of their own units, and the production and business operation units must not impose disciplinary sanctions on the employees. 4. There is a right to refuse command violation. Employees who violate the rules and regulations that may jeopardize safety by the employees have the right to refuse execution and must not be disfavored by themselves. 5, have the right to take emergency measures to avoid risks. When an employee discovers an emergency that directly threatens personal safety, he or she has the right to stop the operation or to withdraw from the workplace after taking emergency measures, and must not be disfavored by him. 6. In the event of a production safety incident, there is the right to obtain timely rescue and medical treatment and obtain job insurance compensation.

The duties that practitioners should perform in accordance with law in safety production mainly include: 1. During the operation process, they must abide by the unit's production safety rules and regulations and operating procedures, submit to management, and must not operate in violation of regulations. 2. Accept safety production education and training, and master the safety production knowledge required for the job. 3, the discovery of potential accidents should be promptly reported to the unit's production safety management personnel or principal responsible person. 4, the correct use and wear of protective equipment. In practice, many production safety accidents are caused by illegal operations or non-compliance with the rules and regulations by the employees. Therefore, the employees' serious performance of the safety production obligations is a very important factor for the production and business units to be able to achieve safe production.

Article 7 The trade union shall supervise the safety production work according to law.

The labor unions of production and business units shall organize the employees to participate in the ** management and supervision of the safety production work of the unit and safeguard the legitimate rights and interests of employees in terms of safety production. Production and business units shall, when formulating or modifying rules and regulations concerning safe production, listen to the opinions of the trade unions.

Interpretation: This article stipulates the trade union’s responsibilities in safe production. The basic duty of a trade union is to safeguard the legitimate rights and interests of laborers. Therefore, the production and business units have the right to supervise the safe production work concerning the life safety of workers. The supervision of the trade unions is mainly performed in the following aspects: First, the right to supervise the simultaneous and simultaneous construction of the safety facilities of the construction project and the main project, and to put it into production and use at the same time; secondly, it violates the safety production laws and regulations of the production and business units. Infringement of the lawful rights and interests of employees is corrected; the third is to discover that production and business units have violated the regulations, forced them to take risks or find accidents, and have the right to propose solutions; third, they have the right to participate in accident investigations in accordance with the law and to submit opinions to the relevant departments. .

As the safety production of the production and business operation units directly involves the personal safety of the workers and staff, the workers and the masses have the right to participate in the management and supervision of the work of the unit. Trade union organizations should perform their duties in this area in accordance with law. The main duties of trade unions in safeguarding employees’ rights and interests in production safety are basically the same as the supervisory duties of trade unions. They mainly include the following: First, supervision of production and business units in the implementation of the right to know of workers and staff members in terms of safe production; second, the discovery of violations of command and orders by production and business units. Workers are aware of major accident hazards during adventurous operations or production processes, and have the right to propose solutions; Third, they are entitled to recommend that production and business entities organize the withdrawal of employees from dangerous scenes when discovering conditions that endanger the lives of employees; Investigate the issue of legitimate rights and interests in production, represent the employees to negotiate with the production and business operation units, require the units to take measures to correct them, and if the unit refuses to make corrections, the trade union may request the local people's government to handle the matter; Fifth, it shall participate in the investigation of production safety accidents. Deal with the relevant departments to submit opinions and so on.

The trade unions are the first, the first responsible, and the first implementer of rights protection for employees. When employers formulate or revise rules and regulations concerning safety production, they should listen to the opinions of the trade unions. Related safety production rules and regulations mainly include: safety production responsibilities, safety production input, hidden trouble investigation and treatment, safety education and training, special operations personnel management, equipment and facility safety management, major hazard source management, occupational health management, and protective article management. Emergency management system.

Article 8 The State Council and local people's governments at or above the county level shall formulate safety production plans based on the national economic and social development plans and organize the implementation thereof. Safe production planning should be linked with urban and rural planning.

The State Council and local people's governments at or above the county level shall strengthen their leadership over work safety, support and urge all relevant departments to perform duties of safety production supervision and management according to law, establish and improve coordination mechanisms for work safety, and coordinate and resolve safety production supervision and management in a timely manner. There are major problems.

The local government of the township and township people’s governments and sub-district offices, management agencies of development zones, and other local people’s governments shall, in accordance with their responsibilities, strengthen the supervision and inspection of the safety production status of the production and business units within their respective administrative areas, and assist the relevant departments of the higher people’s governments in performing safe production according to law. Supervision and management responsibilities.

Interpretation: This article stipulates the responsibilities of governments at all levels in safety production.

Safe production planning is a relatively comprehensive long-term safety production development plan formulated by the people's governments at all levels. It is a consideration and consideration of the overall, long-term, and basic issues of the future, and it is a comprehensive and systematic plan for designing future actions. Timely, systematic and other characteristics. The State Council and local people's governments at or above the county level shall formulate safety production plans based on the national economic and social development plans and organize the implementation. The link between safe production planning and urban-rural planning mainly means that the content of urban-rural planning in safety production planning should be linked with urban and rural planning, such as the construction of chemical parks related to hazardous chemicals in safety production planning, and the layout of chemical industry. At the same time, when planning urban and rural areas, safety production factors should also be considered.

Strengthening the supervision and management of safe production is the responsibility of all levels of government. Governments at all levels should fulfill their leadership responsibilities for safety production work in the region, implement the responsibility system for the safety of production administration under the local government and the “one post with double responsibility” system for safe production of the leading members, improve the safety production supervision and supervision system, and seriously study and resolve the issue. Major problems in regional production safety, ensuring the implementation of relevant laws, regulations, and production policies and policies; strengthening the leadership of accident prevention work, providing good risks, serious occupational hazards, and construction of key projects as required The examination and approval of projects, the public safety of major accident hidden dangers and dangerous road sections, places, etc., must organize safety assessment; to strengthen safety production propaganda and education. The people's governments at or above the county level shall have the responsibility of leading and supervising the duties of the relevant departments of the governments at the corresponding levels to perform safety production supervision and management according to law. The major problems existing in the supervision and management of production safety are mainly through the establishment of a safety production committee for coordination and guidance. However, some major issues in safety production supervision and management, such as the closure of enterprises that do not meet the conditions for safe production, should be coordinated by the relevant government and resolved according to law.

It is clear that the duty of the government agencies dispatched by the township government, sub-district offices, and management agencies of the development zones in terms of safety production is to further strengthen the requirements for work safety. The responsibilities of the government agencies of the township government, sub-district offices, development zones, and management agencies in safety production mainly include the following: First, supervision and inspection of the safety production status of the production and business units in the administrative area in accordance with the duties and responsibilities stipulated by the relevant laws and regulations; The relevant departments of higher levels of government perform the duties of safety production supervision and management according to law.

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