Article 58 of the Safety Production Law stipulates that

Article 58 Employees shall receive education and training in production safety, master the knowledge of production safety required by their own work, improve their skills in production safety, and enhance their abilities in accident prevention and emergency handling.

◆ The main idea of the article

This article stipulates that employees shall receive education and training in production safety.

◆ Interpretation of the article

Casualty accidents happen for two reasons: unsafe behavior of people and unsafe state of things. Among them, controlling people's unsafe behavior is the main measure to reduce casualties. Educating employees on safety production is an effective way to control people's unsafe behaviors, an important part of safety production management, and an important means to improve employees' safety quality and self-protection ability, prevent accidents and ensure safety production. Employees should have the awareness of taking the initiative to receive safety education and training.

First, the basic content of safety education and training

The basic contents of safety education and training include safety awareness education, safety knowledge education and safety skills education.

1. Safety awareness education. Safety awareness education is an important part of safety education and a key link to do a good job in safety production. It includes ideological education and labor discipline education. Employees should improve their understanding of the importance of labor protection and safety production through ideological education, so as to lay an ideological foundation for safety production. Labor discipline education is a necessary prerequisite for improving enterprise management level and safe production conditions, reducing industrial accidents and ensuring safe production.

2. Safety knowledge education. Employees receiving safety knowledge education is an important means to improve their safety skills. Its contents include the basic production situation, production technology, operation method or technological process of the production and business operation unit; Particularly dangerous equipment and areas in production and business units; Professional safety technical operation procedures; Basic knowledge and precautions of safety protection; Basic safety knowledge of special equipment; Basic knowledge of accident prevention of production and business units; The structure, performance and common sense of proper use of personal protective equipment.

3. Safety skills education. Safety skill education is a necessary way to consolidate employees' safety knowledge. Its contents include the performance, function and general structure principle of the equipment; The prevention and treatment of accidents and the use, maintenance and repair of equipment. Personnel receiving safety education and training shall meet the corresponding requirements. For example, for the administrative leaders and technical leaders of production and business units, after safety education and training, they should understand the basic theory of safety production technology; Be able to formulate and review disaster prevention and treatment plans and implementation measures, and be able to correctly organize and direct accident rescue; Have the ability to check and deal with hidden dangers of accidents, analyze the safety situation and put forward safety improvement measures.

Second, the form of safety education and training

Employees receive various forms of safety education and training, such as organizing special safety education and training courses; Explain the safety precautions before and after work, and comment on the safety production situation; Conduct safety measures disclosure before construction and maintenance; Responsible persons and safety officers at all levels shall conduct safety publicity and education at the construction site and supervise the implementation of safety laws and regulations; Organize safety technical knowledge lectures and competitions; Hold accident analysis meeting and on-site meeting, analyze the causes, responsibilities and lessons of the accident, and formulate accident prevention measures; Organize safety technology exchanges and safety production exhibitions, post posters and slogans, set warning signs, and conduct safety education by means of radio, film, television and video; Through regular safety meetings, special meetings, commendation meetings, symposiums or safety information, briefings and circulars convened by the safety technology department, the safety production work is summarized and evaluated to achieve the purpose of safety education. Employees should actively participate in the above-mentioned forms of safety education and training.

Fifty-ninth employees found hidden dangers of accidents or other unsafe factors, should immediately report to the site safety production management personnel or the person in charge of the unit; The person who receives the report shall deal with it in time.

◆ The main idea of the article

This article is about the obligation of employees to report hidden dangers and unsafe factors.

◆ Interpretation of the article

Employees are in the front line of safe production, and it is the easiest to find hidden dangers of accidents or other unsafe factors in time. Therefore, this article stipulates that employees should immediately report to the on-site safety production management personnel or the person in charge of the unit when they find hidden dangers of accidents or other unsafe factors, which is also in line with the mechanism requirements for employees to participate in safety production. At the same time, the article also stipulates that after receiving the report, the on-site safety production management personnel or the person in charge of the unit shall deal with it in time to eliminate the hidden dangers of production safety accidents in time.

I. Production safety accidents

According to Article 3 of the Interim Provisions on the Investigation and Management of Production Safety Accidents issued by the State Administration of Work Safety, the hidden danger of production safety accidents refers to the fact that production and business units violate the provisions of laws, regulations, rules, standards, procedures and safety production management systems, or because of other factors, there are dangerous things that may lead to accidents, unsafe behaviors of people and management defects in production and business activities. Accidents are divided into general accidents and major accidents. General accident hidden danger refers to the hidden danger that is less harmful and difficult to rectify, and can be rectified and eliminated immediately after being discovered. Major accident hidden danger refers to the hidden danger that is harmful and difficult to rectify, and should be completely or partially suspended for rectification after a certain period of time, or the hidden danger that the production and business operation entity itself is difficult to eliminate due to external factors. For example, the second paragraph of Article 8 of the State Council's Special Provisions on the Prevention of Coal Mine Production Safety Accidents stipulates that if there are the following major hidden dangers and behaviors in coal mine production safety accidents, production should be stopped immediately to eliminate the hidden dangers: (1) super-capacity, super-strength, over-quota organization production; (2) gas overrun operation; (three) coal and gas outburst mines failed to implement outburst prevention measures in accordance with the provisions; (4) The gas drainage system and monitoring system are not established in the high gas mine, or the gas monitoring system cannot operate normally; (5) The ventilation system is imperfect and unreliable; (six) the flood is serious and no effective measures have been taken; (7) Overlayer cross-border mining; (8) There is danger of rockburst and no effective measures have been taken; (9) Serious spontaneous combustion and failure to take effective measures; (10) Use equipment and processes that are explicitly prohibited or eliminated; (1 1) coal mine seamless power supply system with an annual output of more than 60,000 tons; (12) The newly-built coal mine is produced while it is under construction, and it is produced in the reconstruction and expansion area during the reconstruction and expansion of the coal mine, or the production in other areas exceeds the scope and scale specified in the safety design; (13) After the overall contracted production and operation of the coal mine, the safety production license and coal production license were not re-obtained, or the contractor subcontracted again, and the coal mine contracted the maintenance of the underground mining face and roadway; (14) The person in charge of production safety and the safety management organization were not clearly defined during the coal mine restructuring, or the mining license, safety production license, coal production license and business license were not re-acquired or changed after the restructuring; (15) There are other major production safety hazards.

Second, employees' reporting obligations.

According to the provisions of Article 3 of this Law, the work of safety in production should be people-oriented, adhere to the principle of safety first, prevention first and comprehensive management, and establish a mechanism in which production and business units are responsible, employees participate, government supervision, industry self-discipline and social supervision. Although production safety accidents have the characteristics of accident, contingency and suddenness, they have certain rules, and effective measures should be taken to prevent them as much as possible. Employees are in the front line of safe production, and it is the easiest to find hidden dangers of accidents or other unsafe factors in time. Therefore, this article stipulates the reporting obligation of employees who find hidden dangers of accidents or other unsafe factors, and also meets the requirements of the mechanism for employees to participate in safety production. Its reporting obligation has two requirements: First, it should be reported immediately after the above situation is discovered, because one of the characteristics of safety production accidents is suddenness. If it is delayed, the possibility of an accident will increase, and once an accident occurs, it is too late to regret it. Second, the subject of receiving the report is the on-site safety production management personnel or the person in charge of the unit, so as to deal with hidden dangers of accidents or other unsafe factors in time and avoid accidents. The personnel who receive the report must deal with it in time to prevent the relevant personnel from delaying the opportunity to eliminate the hidden dangers of accidents.

Three, on-site production safety management personnel or unit responsible for timely processing obligations

According to Article 4 1 of this Law, the production and business operation entities shall establish and improve the system of investigation and management of hidden dangers in production safety accidents, and take technical and management measures to find and eliminate hidden dangers in time. Paragraph 5 of Article 2 1 stipulates that the main person in charge of the production and business operation entity has the obligation to supervise and inspect the safety production work of the unit and eliminate the hidden dangers of production safety accidents in time. Article 46 stipulates that the safety management personnel of production and business operation entities shall immediately deal with the safety problems found in the inspection; If it cannot be handled, it shall report to the relevant person in charge of the unit in time, and the relevant person in charge shall handle it in time. Inspection and handling shall be truthfully recorded. In terms of legal liability, Article 102 stipulates that if the production and business operation entity fails to take measures to eliminate the hidden dangers of accidents, it shall be ordered to eliminate them immediately or within a time limit, and a fine of less than 50,000 yuan shall be imposed; If the production and business operation entity refuses to implement it, it shall be ordered to suspend production and business for rectification, and the directly responsible person in charge and other directly responsible personnel shall be fined not less than 50,000 yuan but not more than 6,543,800 yuan; If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.