How to avoid responsibility in due diligence of production safety?

Grass-roots safety supervision cadres are a very sad group of civil servants in China. Where is the sad reminder? Civil servants in other departments are basically unlikely to be sentenced as long as they are not corrupt and do not accept bribes; Once a major accident occurs in an enterprise within its jurisdiction, grassroots safety supervision cadres may be sentenced even if they do not commit corruption and bribery. From Zhoucun, Zibo, Shandong, to Zaoqiang, Hengshui, Hebei; From Liling, Zhuzhou, Hunan to Yuanbaoshan, Chifeng, Inner Mongolia ... Time and again, safety supervision cadres were investigated for criminal responsibility, making safety supervision the most unsafe profession.

I once wrote "Is the investigation of responsibility for production safety accidents" due diligence or "involving nine subjects" to discuss this issue. However, recently, due to the shortage of safety supervision personnel, the county court forwarded the superior documents, and found that Li, the director of the office of the county safety supervision bureau, constituted the crime of dereliction of duty, which pushed how to do due diligence and exemption in the field of safety production to the forefront.

First of all, responsibilities need to be clear.

Safety production supervision and management responsibilities are divided into two parts: legal responsibilities and work responsibilities; Job responsibilities are divided into job responsibilities, authorized responsibilities and temporary responsibilities. These duties are counted as the scope of duties in "due diligence". Safety supervisors and other personnel who are responsible for safety supervision should first master and perform the statutory duties determined by the Law on Work Safety and other laws, regulations and rules related to their own work and the Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Reform and Development in the Field of Work Safety. Secondly, we should conscientiously understand and strictly implement the safety production documents, plans, systems and plans formulated by governments at all levels or relevant departments according to law. In other words, legal responsibilities are transformed into job responsibilities in practical work, which need to be earnestly performed by safety supervisors. In accident investigation, it is often tracked that some people do not act according to the deployment plan and arrangement plan of safety production work, so that they are found to have violated their safety supervision duties. Therefore, our daily work is not completed by performing statutory duties, and there are still many job duties that we need to abide by and implement. As long as there is a lack of due diligence and production safety accidents, we will become the object of accountability. As the post responsibility is also our "duty", it requires us not to write too much when drafting conference speeches, documents, plans, systems and schemes, such as horizontal to the edge, vertical to the end, no blind area, full coverage, no dead angle, no blind area, thorough investigation of potential safety hazards, 100%, etc. Otherwise, wait for the procuratorate to come to you!

Second, the responsible party is exempted from responsibility.

At present, there is no concept of due diligence exemption in production safety in the new law and administrative regulations of the State Council. The Provisions on the Investigation of Safety Supervision Responsibility and Administrative Law Enforcement Responsibility (state administration of work safety Decree No.24) stipulates ten situations. The safety supervision department, its internal organs and administrative law enforcement personnel are not responsible, but the legal effect is too low, and the accountability department generally does not recognize it. Therefore, I once wrote in "Is the investigation of responsibility for production safety accidents" due diligence exemption "or" involving nine families "? The article points out that there is no due diligence exemption in the field of safety production, only due diligence and responsibility reduction and exemption.

It is gratifying that in recent years, the State Administration of Work Safety has become more and more aware of the negative impact of the current accountability method on the stability of the safety supervision team, and has taken or is taking measures to try to change this dilemma from the perspective of top-level design.

"Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Reform and Development in the Field of Safety Production" puts forward that "the list of safety production rights and responsibilities of all relevant departments should be formulated according to laws and regulations, so as to avoid due diligence and accountability for dereliction of duty", which has made many safety supervisors see hope. However, since the sunset on February 9, 20 16, one boot has not heard the sound of the other boot landing.

However, two recent events are encouraging. First, in order to implement the Opinions of the Central Committee of the State Council on Promoting the Reform and Development in the Field of Work Safety, on June 23rd this year, the website of state administration of work safety sent a letter to formally solicit opinions on the Law of People's Republic of China (PRC) on Work Safety (Revised Draft of Some Provisions), of which Article 68 was revised as shown in figure 1. If the amendment to Article 68 can be passed, safety in production will really have the sword of "due diligence and exemption". Second, on February 23rd this year, the Policy and Regulation Department of the State Administration of Work Safety solicited opinions on the 13th Five-Year Legislative Plan for Work Safety (draft for comments). Such a legislative task deserves the attention of safety supervision cadres. See Figure 2 for details.

Please pay attention to the contents of the two red boxes. The first red box points out the dilemma of accountability faced by grass-roots safety supervision cadres at present, and takes the collective resignation of 26 safety supervision cadres in Qijiang, Chongqing as an argument. It can be seen that when drafting the Draft, the political and legal departments of the State Administration of Work Safety completely proceed from reality, do not evade problems, and also want to solve practical problems through legislation. This is the attitude and position of the State Administration of Work Safety to the accountability of grassroots safety supervision cadres, so friends must not think that the State Administration of Work Safety has not taken everyone's demands seriously. There are two points in the second red box. First, the Regulations on Safety Supervisors Performing their Statutory Duties according to Law, which will be formulated in the future, is an administrative regulation formulated by the State Council, which greatly improves the legal status of the regulations. Secondly, the Regulation on Safety Supervisors Performing their Statutory Duties according to Law aims to solve these problems: 1. How to determine the responsibility boundary of safety supervision and law enforcement? 2. What legal duties should safety supervision cadres perform? 3. Only under what circumstances can safety supervision cadres be held accountable? When these three problems are solved, there will be a real law for the exemption of safety supervision cadres, and there will be fewer and fewer things for which safety supervision cadres will be held accountable for various far-fetched reasons.

What is the "single" in "dismissal and dereliction of duty"? There is a lot of discussion now. I think the "single" here is our legal duty and work duty. In other words, if we conscientiously perform our statutory duties and work responsibilities, we can be exempted from responsibility.

Exemption is a kind of responsibility, but it is exempted for some reasons. Due diligence should have no responsibility, so there is no need to talk about exemption. No matter which industry field or position, we emphasize due diligence. You have done your duty. Are you still responsible? Traffic police supervise driving behavior. Should traffic police be responsible for accidents caused by illegal driving? The Commission for Discipline Inspection supervises the staff of Party committees and governments. Should the Committee be responsible for corruption? Therefore, the next step of due diligence exemption should be changed to "due diligence without responsibility".

Third, breach of contract will be investigated for responsibility.

In recent years, the "sword of Damocles" of "accountability" in safety production has become more and more dazzling and sharp. "Responsibility for dereliction of duty" makes many people feel uneasy and insomnia. The accountability of production safety accidents can be divided into two types: dereliction of duty and dereliction of duty. Dereliction of duty means that you did what you should do but didn't do it well, mainly referring to inaction. Dereliction of duty is generally a disciplinary action by the investigation team of production safety accidents. Disciplinary actions include warning, serious warning, probation, expulsion from the party, and expulsion from the party. The effective period of punishment is: 1, warning or serious warning: it is not allowed to promote the position within the party or recommend non-party organizations to hold positions higher than their original positions within one year. 2. Stay on probation for one year and stay on probation for two years: party member, who has been punished by staying on probation for one year, still does not meet the conditions for restoring party member's rights after the expiration of the period, and then stays on probation for another year. The longest probation period shall not exceed two years. 3. Revocation of post punishment within the party: it is forbidden to hold post within the party or recommend post equivalent to or higher than its original post to non-party organizations within two years. 4. You may not rejoin the Party within five years after being expelled from the Party. Disciplinary actions include warning, demerit recording, gross demerit recording, demotion, dismissal and dismissal. The validity period of disciplinary action is: 1, warning, half a year; 2. Remember, one year; 3, remember when I was big, I was one and a half years old; 4. Demotion and expulsion for two years. According to the different levels of accidents, the levels of leading cadres are also different, generally: major accidents are handled by the department level; Handling of major accidents at all levels; Particularly serious accidents are handled by departments, and so on. If the circumstances are serious or accidents occur continuously within one year, the responsibility shall be pursued step by step. Dereliction of duty refers to what you should or should not do, which has caused serious consequences, mainly confusion. The punishment for dereliction of duty is made by judicial organs. The common crimes of dereliction of duty in production safety of enterprise personnel are: 1, the crime of major accidents; 2. Crime of forcing illegal and risky operations; 3. The crime of major labor safety accidents; 4. Crime of major safety accidents in large-scale mass activities; 5. Crime of causing accidents by dangerous goods; 6. Crime of major engineering safety accidents; 7. Crime of major safety accidents in educational facilities; 8. The crime of failing to report or falsely reporting a safety accident; 9, fire accident crime, etc. Common crimes committed by state employees in production safety are: 1, the crime of abuse of power; 2. Crime of dereliction of duty; 3. The crime of not transferring criminal cases for favoritism. Violating the criminal offence of production safety is generally sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Our legal system is gradually improving, and the spirit of law not only punishes guilty people but also protects innocent people; In addition to warning, it should also have a positive guiding role. Our work should transition from unsafe to safe, and from passive safety to active safety; Our responsibility should also shift from "pursuing responsibility for dereliction of duty" to "not doing our duty", so that fewer and fewer people are dereliction of duty and more and more people are conscientious. Because there are fewer dereliction of duty, more due diligence, fewer accidents and much safer.

Author: Cheng Bingguo, Shandong Provincial Administration of Work Safety

Tel: 1396915869.