What is the five-character policy of the new production safety law?

As we enter a new era, our motherland becomes more elegant.

The 16th National Congress of the Communist Party of China continues the past and forges ahead.

The great report of Huanghuang, earnestly instructing safety ※1,

Every word is precious, and every sentence warms the heart.

The combination of law and Germany ※2, two magic weapons for governing the country;,

The production safety law is expected to be promulgated in the future.

The first law of the founding of the People's Republic of China, the Special Safety Law;

Establishing norms of behavior and humanistic care.

It is Shang Fang’s sword, it is also a talisman,

It is also a tightening curse, covering all functions.

The content consists of seven chapters and ninety-seven clauses;

Every chapter is strict and every one is full of love.

There are many mandatory standards, many prohibited standards,

There are many obligatory standards, and rewards and penalties are clear.

It has high technological content and a strong safety culture.

It is broad and profound, and the whole text shines with brilliance.

The law is supreme and everyone must abide by it.

Those who break the law must be prosecuted, and those who break the law must be punished.

We must study the law seriously and enforce the law with caution.

Popularizing safety laws will accumulate virtues for thousands of years.

National mobilization, everyone attaches great importance to safety,

With the rule of law, safety will open up a new situation in the work.

※Note 1: The report of the 16th National Congress of the Communist Party of China stated:

"Attach great importance to production safety and protect the safety of national

property and people's lives."

※Note 2: That is the combination of governing the country by law and governing the country by virtue.

Chapter 1 General Provisions

The fifteen general provisions are summarized and outlined.

The outline is general and detailed.

One legislative purpose. 2. Scope of application.

Three safety policies, the first plus prevention ж3.

Producers and operators ※4 must ensure safety.

Article 4 stipulates that the responsibility should be shouldered.

The person in charge shall bear overall responsibility.

Article 5 must not be forgotten.

Rights plus obligations are the business of employees.

Article 6 stipulates that everyone should bear in mind.

Article 7 stipulates that trade unions have clear responsibilities,

speak for employees and have strong democratic supervision.

The government's responsibilities are to lead well and effectively,

support and supervise, and solve problems smoothly,

Article 8 stipulates that the level is county or above.

The Work Safety Bureau and relevant departments,

under the leadership of the government, must assume the responsibility for the work,

supervise and manage, and the nine articles are clearly written.

Ten standards are formulated and revised to promote scientific and technological progress and ensure safety.

The eleventh lecture promotes strong safety awareness,

a strong safety atmosphere and widespread knowledge.

Twelve-Lecture Intermediaries, Excellent Technical Services,

Must practice in accordance with the law and be entrusted to help.

Thirteen liability shall be determined by law,

Facts shall be the basis, and the circumstances shall be measured.

The Fourteenth Lecture on Science requires advanced technology,

encourage and support, apply and promote.

The fifteenth chapter talks about rewards, and emergency rescue and rescue are strong.

Those with outstanding achievements will be rewarded and commended.

※Note 3: This is the policy of "safety first, prevention

first".

※4: Due to the word limit of the sentence,

the "production operator" in this article refers to the "production operator" in the "Work Safety Law" /p>

Production and business unit”.

Chapter 2 Production and Operation Units

Safety Production Guarantee

Chapter 2 contains a lot of content, including twenty-eight articles,

Production and Operation The responsibility is as heavy as a mountain.

Thirty-six thousand, travel safely.

Safety is all-round, all employees and the entire process.

In production or operation, safety conditions come first.

If the conditions are unsafe, production will not be operated (16)*5.

The main person in charge has six responsibilities:

Safety responsibility system; systems and procedures;

To ensure investment; to eliminate hidden dangers;

< p>Report the accident truthfully; prepare an emergency plan (17).

The person in charge will guarantee the necessary investment.

If the investment is insufficient, he will be responsible for the consequences (18).

Three major high-risk areas*6, set up security agencies,

The personnel must be full-time and highly qualified;

Beyond the three major areas, more than 300

It is also necessary to set up an organization or assign full-time personnel;

With less than 300 people, security management should be specialized or part-time;

Or entrust relevant people to do the work Management services,

Safety engineers, can take on this responsibility;

If management is entrusted, the responsibility remains unchanged (19).

The main person in charge, the safety manager,

Knowledge and ability must be adapted;

The main person in charge of the three high-risk areas,

Security supervisors must have stricter conditions.

Only those who pass the assessment can take up this position;

The competent department will take the exam, and no cashier will be accepted during the assessment (20).

There are many employees, and everyone needs training:

What you need to know and understand, systems and procedures,

Proficient operating skills are the foundation of safety.

Without education and training, employment is prohibited (21)!

The "Four New" ※7 for production should be familiar with safety features.

Training should be specialized and protective measures should be strict (22).

There are regulations on training for special operators.

If you want to take up the job, you must first take the special test and testify (23).

Safety’s “Three Simultaneities” have always been stipulated.

Safety facility fees must be included in budget estimates (24).

There are regulations for construction of mines and dangerous goods ※8:

Safety evaluation and conditional demonstration are required (25).

Safety designers bear important responsibilities;

Mining and dangerous goods must be designed more strictly,

review according to regulations and bear review responsibilities (26).

Mining and dangerous goods have strict construction requirements.

Construct according to design, and bear quality responsibility;

Before production and use, acceptance according to regulations,

After passing the acceptance inspection, it can be produced and used;

The acceptance unit and person shall be responsible for the acceptance (27).

Producers and operators should have clear warnings on equipment and facilities in areas with greater dangers (28).

Safety equipment is sophisticated and one-stop management is required.

From design to scrapping, all must meet standards;

Regular maintenance and regular testing are required,

The inspection shall be recorded and signed by the relevant person (29).

Dangerous goods containers, dangerous goods transport vehicles,

and special equipment, which are relatively dangerous,

according to national regulations, they must be professionally produced;

It must pass the inspection and obtain a certificate of use;

Test and inspect, and bear safety responsibility (30).

The technology and equipment are seriously unsafe.

An elimination system is implemented and the national regulations are strict;

Those that have been eliminated are strictly prohibited from being used again (31)!

Dangerous goods safety, supervision of the entire process,

from production to disposal, every step must be in accordance with standards,

The system must be strict and the measures must be tough;

The competent departments have regulatory responsibilities (32).

Register and file major hazard sources;

Inspect, evaluate and monitor, and formulate emergency plans;

Inform operators that the government must file (33) .

Dangerous goods workshops, shops and warehouses,

and employee dormitories must not be in the same building;

The distance must be safe and the exits must be clear;

< p>The sign must be obvious and no blocking or sealing is allowed (34)!

Blasting, hoisting, etc. operations are dangerous.

Dedicated personnel are in charge of the site and the operating procedures are strict (35)!

Production operators and education practitioners:

Comply with rules and regulations and abide by operating procedures;

Report dangers and take strict emergency measures (36).

Producers and operators, for employees,

distribute protective equipment and supervise their use (37).

Producers and operators should conduct security inspections frequently, and

hidden dangers should be eliminated in a timely manner and recorded (38).

Producers and operators must be willing to spend money,

provide protective equipment and pay attention to safety training (39).

If two or more units work in the same operating area,

they may endanger each other, and a management agreement must be entered into;

Each unit has clear responsibilities and detailed safety measures;

< p>Specialize personnel to conduct inspections, and coordination must be thorough (40).

When issuing contracts and leasing, safety comes first.

The other party has poor qualifications and cannot sign the agreement;

There are multiple units in one place and cross-cutting operations.

Respective responsibilities should be clearly defined, and safety and management should be unified (41).

When a major accident occurs and the situation is extremely urgent,

The person in charge should put rescue first;

Be present during the investigation, and leaving without authorization is not allowed (42)!

Producers and operators shall apply for injury insurance in accordance with the law.

As employees, they shall pay insurance premiums (43).

Producers and operators are the main body of safety.

Vigorously focus on safety, and safety promotes efficiency.

Note 5: (16) (17)...all correspond to Articles 16 and 10 of the "Work Safety Law"

Seven... and so on.

жNote 6: Refers to: "Mining, construction

units and production, operation,

storage units of dangerous goods", the same applies hereafter.

жNote 7: Refers to "the production and operation unit adopting

new processes, new technologies, new materials or

using new equipment".

Note 8: Refers to "mine construction projects and construction projects for the production and storage of dangerous goods", the same applies hereafter.

Chapter 3 Rights and Obligations of Employees

In the past, they were called employees, but now they are employees.

The name has been changed and expanded. The connotation.

The employees are good and safety is a treasure.

The employees are strong and safe.

There are seven rights and obligations in a country.

Keep all of them in mind and protect yourself in accordance with the law.

The labor contract contains safety content:

The environment must be safe; prevent occupational diseases;

The right to apply for injury insurance, and the unit will pay for it;

The terms are not safe and it is an illegal contract;

Producers and operators bear responsibilities according to the law,

cannot use tricks to exempt or reduce them (44).

The position is dangerous, and you have the right to know.

Know the preventive measures and make suggestions (45).

If there is a safety problem, you have the right to criticize.

Report or accuse, but refuse to take risks;

Producers and operators, revenge is not allowed (46)!

When life is in danger, you have the right to stop or withdraw (47).

If you are injured in an accident, you have the right to claim compensation (48).

Rights and obligations are complementary and complementary to each other.

The three safety obligations must be fulfilled:

Comply with rules and regulations and be familiar with operating procedures.

Must obey management and wear protective equipment (49).

Educated and trained, familiar with safety skills,

prevent accidents, and have emergency response skills (50).

When you see potential accidents, you must report them in a timely manner.

The person who receives the report must deal with them in a timely manner (51).

The trade union has the power to: supervise the three simultaneous violations;

correct infringements; insist on fighting against the three violations;

participate in investigating accidents; make safety suggestions;

Producers and operators, reply and process (52).

As the idiom goes, everything depends on human effort:

In terms of human-machine-environment factors, people play the first role;

It is up to people to correct the insecurity of things;< /p>

Unsafe behavior depends on people’s efforts.

With a wide range of employees, we are the main force in safety.

With collective wisdom and efforts, great things can be done for safety!

Chapter 4: Supervision and Management of Production Safety

Chapter 3 and 15 Articles are divided into six aspects:

Government, various Departments, supervisors and intermediaries,

community and public opinion, work together to ensure safety:

Governments at or above the county level must organize security inspections,

Inspections must be strict and hidden dangers must be eliminated in a timely manner ;

Manage according to territorial jurisdiction, shouldering heavy responsibilities (53).

All safety supervision departments must administer in accordance with the law.

Review, approve, and accept matters in strict accordance with regulations;

No review, approval, or acceptance is allowed if they are not in compliance with safety requirements.

Those who conduct illegal inspections must be banned immediately;

Those who approve according to the law are not safe,

The original approval must be revoked and the handling must be in place (54).

No fees may be charged for review and acceptance,

No products specified, no conditions attached (55). < /p>

Make a decision on administrative penalties;

If you see potential accident hazards, order them to be eliminated immediately,

Withdraw the workers from the dangerous area,

< p>Suspend production at the same time and resume operations safely;

Equipment or facilities do not meet safety requirements,

Seal up or detain, decision will be made on the 15th (56).

Producers and operators must cooperate with supervision,

not refuse inspections, and not obstruct the enforcement of laws (57).

Safety supervisors must be fair in enforcing the law,

have an obligation to keep confidentiality, and show law enforcement certificates (58).

Safety supervisor, record the inspection,

The record should be detailed and signed by both parties;

If you refuse to sign, it should be recorded,

Report to superiors and file for accountability (59).

All departments of safety supervision should conduct joint inspections;

Inspections should be carried out individually and handled according to responsibilities (60).

All security inspection departments are subject to supervision in accordance with the law.

The Administrative Supervision Law regulates supervision. (61).

Intermediary agencies should be qualified and take full responsibility for the results of their work (62).

Each safety supervision department shall establish a reporting system;

After investigation and verification, written materials will be issued;

The person in charge shall sign, and the rectifications shall be unambiguous (63).

Report on hidden dangers of accidents, illegal and evil acts,

units and individuals without mercy (64).

Safety is the master of residents and villagers.

There is no mercy in reporting hidden dangers and violations (65).

Reports and whistle-blowing will be rewarded for meritorious service.

The reward method shall be formulated by the Ministry of Finance (66).

All news media have a duty to preach and educate,

There is good supervision by public opinion and a strong safety atmosphere (67).

Supervision and management, safety is a game of chess:

The government is the commander-in-chief; departments are the main force,

Each performs its duties and controls;

Neither shirk the blame nor fight for gain.

Everyone is happy when production safety is good.

Be safe and prosperous and benefit the whole society!

Chapter 5: Emergency rescue and investigation of production safety accidents

Investigation and handling

The five chapters are the most concise, with nine articles and eleven paragraphs .

The significance is not trivial, and money is the key:

Emergency rescue is urgent and affects human lives;

The investigation and handling are strict and involve responsibility.

Governments at or above the county level should prepare rescue plans and build a rescue system for serious accidents;

It requires human and financial resources and is not easy to build;

< p>It must be established, and it will benefit greatly (68).

Establish a rescue organization in the three high-risk areas;

The scale is relatively small, and designated people work part-time;

The equipment is well configured and can be used for emergencies (69). < /p>

Don’t destroy the scene and don’t destroy the evidence;

Otherwise, you will violate the criminal law and it will be too late to regret (70)!

All safety supervision departments must report according to regulations.

Do not conceal, lie or delay reporting. Truthfulness is the most important thing (71)!

Local government and safety supervisors,

receive major reports and rush to the scene immediately;

not only rescue the accident, but also calm the masses;

All parties should support and provide more convenience (72).

Seek truth from facts and scientifically analyze clearly:

The process and reasons, nature and responsibility;

Learn lessons and correct hidden dangers;

Don’t miss the three and strictly follow them (73).

If it is a responsible accident, identify the responsible person,

In addition to pursuing legal investigation, investigate who approved it;

Those who neglect their duties will bear legal responsibility (74).

Investigation and handling shall be carried out in accordance with laws and disciplines;

Obstruction and interference are both illegal and illegal (75)!

Governments at or above the county level and various safety supervision departments should keep statistics on accidents and issue regular reports (76).

Chapter 6 Legal Responsibilities

Everyone is equal before the law.

The law tolerates neither mercy nor defilement.

The 19 Articles of Responsibility involve all parties.

Whoever breaks the law shall bear corresponding responsibilities.

If a safety supervision worker commits one of the three violations,

he will be demoted or dismissed; if he commits a crime, he will serve a sentence:

——It does not comply with safety standards but is approved by acceptance inspection;

——If it is found that it has not been approved, it will not be banned;

——If it has been approved and it is unsafe, the original approval will not be revoked (77).

All safety supervision departments must enforce the law fairly;

No products are specified and no fees are charged.

If regulations are violated, supervision orders will be issued to correct them;

In serious cases, administrative sanctions will be imposed (78).

If an intermediary agency issues a false certificate,

the person who constitutes a crime shall be held criminally responsible;

If the penalty is not sufficient, the illegal gains shall be fined:

< p>For more than 5,000 yuan, the fine will be two to five times;

For less than 5,000 yuan, the penalty will be 5,000 to 20,000 yuan;

For those directly responsible, the fine will be 5,000 to 50,000 yuan;

p>

If others are harmed, they must jointly and severally compensate;

Organizations that violate the law will have their qualifications revoked (79).

The person in charge of the unit must invest in safety.

If the funds are not in place, he will be ordered to make corrections;

If corrections are not made within the time limit, production and business will be suspended;

< p>If an accident occurs, the responsibility will be investigated seriously:

Those who constitute a crime will be held criminally responsible;

If the punishment is not sufficient, they will be dismissed from their posts;

Individual investors , a fine of:

More than 20,000 yuan, up to 200,000 yuan (80).

If the person in charge fails to perform his or her duties,

order him to make corrections before stopping production for rectification;

If an accident occurs, the punishment will be severe:

Those who constitute a crime shall be given criminal punishment;

Those who do not meet the punishment shall be punished by dismissal from office,

or be fined 20,000 yuan, up to 200,000 yuan;

If the employee is dismissed from his post or is subject to criminal punishment, he will not be allowed to hold the position again within five years (81).

Producers and operators who commit the following four violations will be ordered to make corrections within a time limit; if they fail to make corrections within the time limit,

the production will be suspended for rectification and a fine of RMB 20,000 will be imposed:

——No organization has been established, and no security personnel are assigned;

——The main person in charge of the three high-risk areas,

the safety administrator has not passed the assessment;< /p>

——The employees are not trained,

The danger is not reported, or the information is untrue;

——The special operators are not trained,< /p>

Having not passed the examination, no special testimony was obtained (82).

If a production operator violates the following nine articles,

it shall make corrections within a time limit; if it fails to make corrections within the time limit,

the production will be suspended for rectification; a fine of RMB 50,000 will be imposed;

Those who constitute a crime shall be held criminally responsible:

——Mining and dangerous goods, the project has not been reviewed;

——The construction is not standardized and the approval document is not followed;

p>

——The project did not pass the acceptance inspection before use;

——The warnings on the dangerous equipment are not obvious;

——The safety equipment does not meet the standards;< /p>

——Failure to maintain and inspect safety equipment;

——Failure to issue protective equipment to workers;

——Failure to take safety measures for special equipment Certificate;

——It is a product that has been clearly ordered to be eliminated, but it continues to be used (83).

Whoever produces or sells dangerous goods without approval in accordance with the law will be ordered to close down and the proceeds will be confiscated;

For more than 100,000 yuan, a fine of one to five times will be imposed;< /p>

Less than 100,000 yuan, 20,000 to 100,000 yuan;

Those who constitute a crime shall be held criminally responsible (84).

Producers and operators who violate the following three articles will be ordered to make corrections within a time limit; if they fail to make corrections within the time limit,

suspension of production and business operations will be suspended; and a fine will be imposed.

< p>Twenty thousand to one hundred thousand, the weight is not light;

Those who constitute a crime will be held criminally responsible:

——Producing and selling dangerous goods without specialized management,

The measures are unreliable and do not accept supervision;

——Major hazard sources are not registered and filed,

There is no assessment and monitoring, and no plan is formulated;

< p>——No dedicated personnel are assigned for blasting, hoisting, etc.,

The order of the site is poor, and there are hidden dangers in management (85).

Producers and operators who issue contracts or leases,

if the other party is unqualified, will be ordered to make corrections within a time limit;

Illegal funds will be confiscated and divided into the following categories:

For more than 50,000 yuan, the fine will be one to five times;

for less than 50,000 yuan, the fine will be between 10,000 and 50,000 yuan;

Those who cause the accident shall be jointly and severally liable;

< p>Or the contract has not been signed, safety responsibilities are unclear,

There is no unified coordination, and the company is ordered to make corrections.

If the company fails to make corrections within the time limit, production and business will be suspended (86).

Two or more units working in the same operating area,

failed to sign an agreement, failed to designate a dedicated person,

failed to coordinate, and ordered them to make corrections;

< p> Failure to make corrections within the time limit will result in suspension of production and business (87).

Producers and operators who commit the following two violations will be ordered to make corrections within a time limit; if they fail to make corrections within the time limit,

stop production and business; if the consequences are serious,

Those who constitute a crime shall be held criminally liable:

——Dangerous goods workshop, store or warehouse,

located in the same building as the employee dormitory;

——Places or dormitories with unclear signs,

closed or blocked, and exits blocked (88).

The agreement entered into between production operators and employees

has no safety content;

Exempt or reduce liability for casualties;

< p>The agreement is invalid; and a fine will be imposed:

Principal person in charge, individual investor,

Below 100,000 yuan and more than 20,000 yuan (89).

If employees violate rules and regulations,

violate operating procedures; production operators,

criticize and educate first, and then punish according to regulations;

Those who constitute a crime shall be held criminally responsible (90).

The production operator, the main person in charge,

fails to immediately rescue a major accident;

or actually leaves his post without authorization during the investigation;

Even those who abscond; be demoted or dismissed;

Escape will be severely punished and detained for fifteen days;

Those who constitute a crime will be subject to criminal punishment;

If the accident is concealed, falsely reported or delayed,

the punishment must be severe and the method shall be as in the previous paragraph (91).

Local governments and safety supervision departments,

if they conceal accidents, make false reports or delay,

those directly responsible will be subject to administrative sanctions;

Those who constitute a crime shall be held criminally responsible (92).

Producers and operators whose conditions are unsafe,

after suspending production for rectification, are still unsafe,

must close down and have their licenses revoked (93).

Administrative penalties shall be determined by the safety supervision department;

Penalties for closure shall be determined by the county government or above;

Penalties for detention shall be determined by the public security organs;

If there are other provisions, those provisions shall prevail (94).

If a production operator is involved in an accident involving casualties,

should be liable for compensation in accordance with the law;

If he refuses or escapes, enforcement will be enforced;

< p>The person responsible for the accident failed to compensate according to the law.

After the court enforced the law, the compensation was still insufficient.

Compensation should continue; the victim discovered that the responsible person had Wealth, please ask the court to enforce it (95).

Chapter 7 Supplementary Provisions

There are two supplementary provisions, explaining and explaining:

Dangerous items refer to flammable and explosive materials,

Hazardous chemicals, radioactive items,

endangering people and property, other dangerous goods;

major hazard sources, refers to long-term, temporary,

production or transportation , use or store,

dangerous items; and the quantity of items,

equals or exceeds, the critical quantity unit (96).

The effective date of this law is November 1, 2002 (97).

The beginning of implementation, the beginning of law enforcement. Please be careful!

Postscript

The Safety Production Law is broad and deep in content.

There are methods for understanding and tricks for memorizing.

Use numbers first, focus secondly,

Add key points with numbers, easy to remember:

Nature and meaning, the level of concept,

Remember three, three, forty-eight, with an outline and a clear lead.

Contains three properties: first, related to human rights;

Second, sustainable development; third, social stability.

See three manifestations: 1. "Three Represents"; 2. The spirit of the Constitution; 3. The principles of governing the country.

There are four signs: first, social progress;

second, the hope of the masses; third, government concern;

four, international requirements and market calls.

Eight are beneficial, and they will be explained one by one:

1. Legal system construction; 2. Human rights situation;

3. Production and operation; 4. Government leadership;

Five personnel quality, six department supervision;

7 citizen awareness; eight criminal sanctions.

The basic content, target mechanism level,

35274, is clearly analyzed:

There are three goals: to protect people's lives;

Protect national property; promote economic development.

Five-party operation chart: government supervision;

Enterprise protection; employee self-discipline;

social participation; intermediary services.

The combination of supervision, division of labor and coordination:

One is comprehensive supervision, the other is special supervision.

There are seven laws, and the system is gradually improving:

One is supervision and management; two is safety guarantee;

Three rights and obligations; four is responsibility system;

Five intermediary services; six liability investigation;

7 accident investigation and emergency rescue.

The four major responsible parties have different responsibilities:

The government responsible party; the unit responsible party;

the practitioners party; and the intermediary agency party.

The safeguard measures, technical method level,

68435, here are the key points.

Producers and operators have six aspects of responsibility.

It has been explained in the previous article and will not be repeated here.

There are eight rights of practitioners:

The first is the right to know; the second is the right to make suggestions;

The third is the right to criticize; the fourth is The right to refuse;

The fifth is the right to avoid danger; the sixth is the right to compensation;

The seventh is the right to protection; the eighth is the right to training.

There are four types of supervision, with different divisions of labor:

The right of democratic supervision is implemented by trade unions;

The right of public opinion supervision is implemented by the media;

The right to report and supervise is implemented by the public;

The power of community supervision is implemented by neighborhood and village committees.

Three major powers of supervision: the power of investigation and evidence collection;

The power of on-site processing; and the power of compulsory measures.

All safety supervision departments, supervisory inspectors,

five major obligations must be strictly followed:

Inspection and prohibition of fees; prohibition of designated products;

Enforcement must be fair; check out documents;

Keep technical secrets and worry about the company.

Enterprises are cells and the foundation of the economy.

Enterprises are the main body, and safety is the backbone.

Enforcement must be strict and service must be enthusiastic;

Safety is a big deal, and the enterprise is a glorious chapter.