Management system of industrial injury insurance and safety production liability insurance

From high-risk industries to special fields, the market application of safety liability insurance is gradually refined-industrial injury insurance network

As early as 2017165438+126, the people's government of Shaanxi province issued the "Implementation Opinions of the People's Government of Shaanxi Province on Promoting the Reform and Development in the Field of Safety Production", proposing to cancel the safety risk of mortgage system in high-risk industries and implement the safety production liability insurance system.

20 19 12 12 The Shaanxi Provincial Emergency Management Department officially issued the Implementation Plan for Compulsory Implementation of Safety Production Liability Insurance for High-risk Industries in Shaanxi Province, which clearly put forward the compulsory implementation of safety production liability insurance for enterprises in high-risk industries such as mines, dangerous chemicals, fireworks, transportation, construction, civil explosives, metal smelting and fishery production, and actively promoted high-risk industries in Shaanxi Province.

The issuance of Shaanxi Construction Safety Production Liability Insurance Implementation Plan further refines the safety production liability insurance guarantee system from "high-risk industry field" to "special construction field" for the first time, which is of great significance to the application and implementation of safety production liability insurance in the construction field. On the one hand, it is conducive to promoting the rapid, healthy and orderly development of the safety liability insurance market; On the other hand, it is also conducive to accelerating the establishment and improvement of the safety production insurance system in the construction field, and forming effective risk protection for construction enterprises and related employees.

1. It is very important to refine the implementation and application of safety liability insurance from high-risk industries to special fields.

As we all know, engineering construction activities are characterized by high investment, long cycle and high risk. Especially under the background that the current construction market environment and various market players need to be further standardized and managed, phenomena such as winning the bid at a low price, illegal subcontracting, paying with funds, changing the engineering design without authorization, setting unreasonable construction period, and defaulting on the project payment occur from time to time. , posing a serious risk threat to construction safety. Building safety has become one of the important topics for the orderly and rapid development of the construction industry.

The safety production insurance guarantee system is an important safety production guarantee system established by the state in the construction field in the 1990s. Safety production liability insurance is a kind of safety production insurance vigorously promoted by the state in the field of safety production insurance protection. Compared with other types of safety production insurance, safety production liability insurance is more comprehensive and perfect in insurance coverage and insurance protection function, and has obvious insurance protection advantages.

1

Expand the target range. The object of safety production liability insurance can cover all employees in construction, including all laborers on the construction site who have formed labor relations (including factual labor relations) in the construction enterprise or project department and all personnel who enter the construction site for supervision, inspection, visit and guidance due to their work relations; Insurance compensation includes all expenses such as casualty compensation, property loss compensation, accident rescue, medical rescue, accident identification and legal proceedings.

2

Exclude responsibility for narrowing the scope. The principle of "no fault" applies to insurance liability, excluding the exemption clauses of "gross negligence liability of the insured enterprise" and "violation of safety regulations" stipulated in general commercial insurance.

three

Expand insurance services. Different from other types of safety production insurance, safety production liability insurance has developed effective safety production risk management services in addition to basic insurance claims service. By relying on self-owned or third-party professional safety production risk management service institutions, we will provide enterprises with pre-guarantee and post-guarantee risk management services covering the whole life cycle of project construction.

Carrying out safety production liability insurance in the field of construction engineering can, on the one hand, form effective insurance protection for construction workers and avoid all kinds of safety production accidents from causing great blows to corresponding personnel and families; On the other hand, effective accident prevention service can nip all kinds of safety production risks in the bud, prevent and avoid safety production accidents to the maximum extent, and strive to solve the safety production problems in the construction field from the root.

However, it should be noted that, judging from the actual promotion of domestic production safety liability insurance, the main focus of provincial policy documents mainly stays in "all kinds of high-risk industries" and has not been implemented in detail in "special fields of construction". This leads to some limitations in the application and development of safety production liability insurance in the national construction market.

1

Insurance application. As a brand-new type of production safety insurance, production safety liability insurance has natural advantages in terms of insurance functions and services, but in terms of market promotion and application, it is inevitably affected by objective factors such as market development time and insufficient market awareness. In particular, the same type of accident insurance and employer liability insurance for construction projects, because of their early development, occupy the main market share of the current safety production insurance market, and many construction units even regard the two types of insurance as mandatory conditions for construction enterprises to undertake projects. In this highly competitive market environment, the application of safety production liability insurance has fallen into a slow development, which urgently needs further special promotion from policy forces.

2

Insurance development. One of the highlights of safety production liability insurance is effective accident prevention service, but on the one hand, due to the short market development time and the lack of corresponding professionals, technology and management strength in the industry, it is impossible to effectively carry out risk control services; On the other hand, both insurance companies and underwriting institutions lack certain initiative and standardization in carrying out accident prevention services, which is not conducive to the development of insurance products and their own development.

To sum up, the application and development of safety production liability insurance in the construction field urgently needs local governments to introduce special policies to promote it. The release of "Implementation Plan" is another significant progress in the construction field after Shanghai issued the "Implementation Opinions on Safety Production Liability Insurance for Construction Projects" on April 17, 2020, which is of great significance to the development of this special field of safety production liability insurance.

2. Views of the Implementation Plan

The "Implementation Plan" put forward a number of opinions, including but not limited to the nature of insurance, security objectives, security scope, repeated insurance and so on. It has effectively promoted the implementation and application of safety production liability insurance in the construction field.

Nature of insurance

The "Implementation Plan" proposes that the construction safety production liability insurance shall determine the project rates of housing construction and municipal infrastructure construction projects (including urban rail transit construction projects) in accordance with the principle of "guaranteeing capital and making small profits". From this point of view, production safety liability insurance is a kind of commercial production safety insurance with public welfare nature. At the same time, according to the requirements of the implementation plan, the organization and implementation of safety production liability insurance has the characteristics of compulsory insurance.

Safeguard target

The "Implementation Plan" proposes that the insurance liability of safety production liability insurance includes compensation for personal injury and death of employees of the insured unit, compensation for personal injury and death of third parties and compensation for property losses. In the definition of the concept, the Implementation Plan points out that accidental injuries include all migrant workers on the construction site who have formed labor relations (including factual labor relations) by construction enterprises or project departments, as well as all personnel who enter the construction site for supervision, inspection, visit and guidance because of their work relations. That is, the protection object of safety production liability insurance should cover all employees in the construction industry.

protection domain

The insurance liability of production safety liability insurance includes all expenses such as casualties compensation, property loss compensation, accident rescue, medical rescue, accident identification and legal proceedings.

At the same time, the "Implementation Plan" also clearly stated that the economic compensation of construction safety liability insurance does not affect the right to claim compensation from work-related injury insurance according to law. In other words, it is clear that safety production liability insurance and industrial injury insurance do not constitute double insurance, and the corresponding casualties can get insurance compensation from industrial injury insurance in addition to safety production liability insurance.

Double insurance

The project insurance of construction safety production liability insurance in Shaanxi province involves the replacement and connection of the insurance types of the projects that have already started, that is, how to insure the safety production liability insurance for the projects that have already insured other safety production insurance types. This involves the double insurance problem of similar other safety production insurance for projects that have already started.

There are no specific opinions in the implementation plan, but according to the "Implementation Opinions of Shanghai Municipality on Fully Implementing the Safety Production Liability Insurance System" jointly formulated and issued by seven departments on February 25th, 20 19 and the "Implementation Opinions of Shanghai Municipality on the Safety Production Liability Insurance of Construction Projects" issued on April 7th, 2020, "the same property liability insurance" or "others related to safety production" have been insured.

Liability insurance with the same attribute refers to employer liability insurance; Other types of insurance related to production safety refer to accidental injury insurance for construction projects. That is, if the employer's liability insurance has been insured, it should be adjusted to be insured for safety production liability insurance; If the accident insurance for construction projects has been insured, the liability insurance for production safety shall be increased.

In addition to the nature of insurance, security objectives, security scope and repeated insurance, the implementation plan also puts forward requirements for the safety accident prevention service of insurance institutions. For example, insurance institutions are required to provide at least 1 time safety risk identification, assessment and safety evaluation or production safety accident investigation services for insured units every year; It is proposed that insurance institutions can "build their own" or "entrust relevant social service institutions" to carry out accident prevention technical services. On the whole, however, accident prevention service is one of the core guarantee functions of safety production liability insurance, and the implementation plan has not given further specific guidance to its business development and business supervision.

At present, safety production liability insurance has been widely used in many provinces and cities in China, but the focus of policy promotion mainly stays in "all kinds of high-risk industries" and has not been implemented in "special fields of construction". The promulgation of "Implementation Plan" in Shaanxi Province is of great significance for promoting the application and development of safety production liability insurance in the construction field.