Article 26 of the Production Safety Law

"Production Safety Law of the People's Republic of China"

Interpretation

Chapter 2

Safety production of production and business units Guarantee Article 26 The production safety management agency and production safety management personnel of production and business units shall perform their duties diligently and perform their duties in accordance with the law. When a production and business operation unit makes business decisions involving production safety, it shall listen to the opinions of the production safety management agency and production safety management personnel. Production and business units shall not reduce the wages, benefits and other benefits of production safety management personnel or terminate the labor contracts concluded with them because they perform their duties in accordance with the law. The appointment and dismissal of production safety management personnel in units that produce and store dangerous goods, as well as in mining and metal smelting units, shall be notified to the competent department responsible for the supervision and management of production safety.

The purpose of the article: This article is about the requirements and guarantees for the performance of work safety management agencies and production safety management personnel.

Interpretation of Articles The performance of work safety management agencies and safety production management personnel is an important guarantee for production and business units to prevent production safety risks. This article specifically imposes requirements on production safety management agencies and production safety management personnel, and at the same time provides due protection for their performance of duties from interference by other factors.

1. Requirements for production safety management agencies and production safety management personnel Fulfilling their duties is the most basic moral quality that production safety management personnel should possess. Fulfilling their duties means that production safety management personnel should fully understand the major responsibilities they shoulder, perform their duties conscientiously, actively, proactively, conscientiously and prudently perform various production safety management responsibilities in accordance with the law and complete various work tasks. We can neither fail to perform our duties, turn a blind eye to the production safety problems existing in the production and operation units, and regard our duties as child's play, nor can we be careless and perfunctory, making safety management and on-site inspections a mere formality. The performance of duties in accordance with the law mentioned here refers to the duties stipulated in this Law and other relevant laws, regulations and rules. For example, Article 25 of this Law stipulates the scope of responsibilities of production safety management agencies and production safety management personnel. Article 46 stipulates that the production safety management personnel of production and business units shall conduct regular inspections of production safety conditions based on the characteristics of the unit's production and business operations; safety problems discovered during the inspections shall be dealt with immediately; if they cannot be dealt with, they shall be reported in a timely manner The person in charge of the unit and the relevant person in charge should handle it in a timely manner. The inspection and handling status should be truthfully recorded. If the production safety management personnel of a production and business unit discover any major accident hazards during inspections, they shall report them to the relevant person in charge of the unit in accordance with the provisions of the preceding paragraph. If the relevant person in charge fails to handle them in a timely manner, the safety production management personnel may report them to the person in charge responsible for safety production supervision. Department reporting for management responsibilities. Article 59 stipulates that when employees discover potential accident risks or other unsafe factors, they should immediately report to the on-site production safety management personnel or the person in charge of the unit; the personnel who receive the report should handle it in a timely manner. These regulations must be implemented by production safety management personnel in accordance with the law.

2. Production and business units should listen to the opinions of production safety management agencies and personnel. The business decision-making of production and business units refers to the decision to determine the production and business goals of the unit and the strategies and tactics to achieve the production and business goals, that is, to decide The process of what to do and how to do it. The business decision-making of production safety refers to the strategies and tactics that determine the safety production and business goals of the unit and achieve the safety production and business goals, that is, the strategies and tactics of how to achieve the scientific development and safe development of the production and business unit. These strategies and tactics include: safety investment plans, new construction, reconstruction, and expansion construction project plans, major equipment and facility replacement and update plans, major production process change plans, production and operation layout adjustment measures, and leasing of production and operation sites, projects, and equipment. Plan etc. When making the above production safety decisions involving production and business activities, production and business units shall listen to the opinions of the production safety management agency and production safety management personnel. This is the legal obligation of production and operation units and is the fundamental strategy to strengthen the management of production safety from the source and must be implemented seriously.

At the same time, these are also the rights and responsibilities given by the law to production safety management agencies and production safety management personnel. Production safety management agencies and production safety management personnel should strictly follow the relevant production safety laws, regulations, national standards or industry standards and actively propose corresponding measures. opinions and suggestions.

3. The performance of duties by production safety management personnel is protected by law. Production and business units shall ensure that production safety management personnel perform their legal duties, and no one may infringe upon the rights enjoyed by production safety management personnel in accordance with the law. If a production and business operation unit exercises the rights stipulated in the law by the production safety management personnel in accordance with the law, for example, if the safety production management personnel discover that there is a major accident hazard in the production and operation unit during an inspection and report it to the relevant person in charge of the unit, but the relevant person in charge does not handle it in a timely manner, the safety If the production management personnel report to the competent department responsible for the supervision and management of production safety, the relevant person in charge of the production and operation unit will retaliate against the production safety management personnel by reducing their wages, welfare benefits, etc., or terminate their employment as a result. The labor contract concluded by the production safety management personnel is an infringement of the legitimate rights of the production safety management personnel. This article clearly prohibits such acts of retaliation.

4. Appointment and removal of production safety management personnel of special production and operation units Engaged in the production and storage of dangerous goods, mining, and metal smelting activities, the safety risks are relatively high, and production safety accidents are extremely prone to occur. To this end, this law makes corresponding provisions for the production and storage units of dangerous goods, as well as mining and metal smelting units, covering many aspects such as construction project safety management, production safety management institutions and production safety management personnel, emergency rescue supplies and equipment, etc. . In accordance with the provisions of Article 27 of this Law, the production safety management personnel of units producing and storing dangerous goods, as well as mining and metal smelting units must have corresponding levels of production safety knowledge and safety management skills, and be certified by the supervisor responsible for the supervision and management of production safety. The responsible department has passed the assessment. In order to strengthen the safety management of dangerous goods production and storage units as well as mining and metal smelting units, and to promptly understand and grasp the deployment and adjustment of safety production management personnel, this article stipulates that the safety management of dangerous goods production and storage units, as well as mining and metal smelting units The appointment and dismissal of production management personnel shall be informed to the competent department responsible for the supervision and management of production safety. The notification mentioned here is a kind of informative filing. It is only notified to the competent department responsible for the supervision and management of production safety, not approval. This provision is conducive to strengthening the communication between production and business units and relevant competent departments on production safety work. communicate. Dangerous goods production and storage units as well as mining and metal smelting units have the right to appoint and remove safety production management personnel. This is an independent right for production and operation. The competent departments responsible for safety production supervision and management are not allowed to interfere, let alone retaliate.