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Interpretation of Chongqing Municipality's Regulations on Work Safety
The regulations are based on the reality of Chongqing, adhere to the problem orientation, embody the spirit of reform, solidify the experience and achievements, refine and improve the provisions of the safety production law, and 80% of the provisions are innovative and effective, making the legal norms more grounded and better operated, presenting ten highlights. The following is my interpretation of Chongqing's safety production regulations for your reference.
Highlight 1
Strengthened the main responsibility of production and business units.
In order to further strengthen the main body of production safety responsibility of production and business units, the main body responsibility of production and business units is enriched and refined on the basis of the superior law. First, clarify the specific responsibilities of relevant responsible persons, relevant institutions and employees of production and business units, and clarify the relationship between one subject responsibility and multiple subject responsibilities. The second is to stipulate the safety requirements of employees before, during and after their posts. The third is to refine the safety management requirements of production facilities and equipment and dangerous workplaces. The fourth is to clarify the responsibility of hidden danger investigation and emergency rescue.
Highlight 2
Improve the safety supervision responsibilities of governments and departments at all levels.
Further clarified the safety supervision responsibilities of governments at all levels, departments and their relevant responsible persons. First, it stipulates the safety supervision responsibilities of governments at all levels and their departments. The second is to stipulate the supervision, inspection, guidance and coordination responsibilities of the safety supervision department. Third, it is stipulated that the competent departments of various industries should formulate and implement the annual production safety supervision and inspection plan, supervise the work of production safety in their respective industries and fields according to law within their respective responsibilities, and assume direct supervision responsibility for production safety in their respective industries and fields. Fourth, it is clear that the safety production of central enterprises and Chongqing municipal enterprises is supervised by relevant municipal departments and district and county people's governments.
Highlight 3
The basic safety supervision responsibilities and entrusted law enforcement regulations were clarified.
Township people's governments, sub-district offices and development zone management agencies are the first line of defense for safety supervision because they are familiar with local conditions, and their functions need to be strengthened. First, specific provisions have been made on the staffing and inspection authority of grass-roots safety supervision institutions. The second is to make detailed requirements on the power and responsibility of entrusting grass-roots safety supervision institutions to implement administrative law enforcement. Third, the administrative punishment power exercised by the department responsible for safety supervision can be implemented by the administrative law enforcement agency to which it belongs.
Highlight 4
Strengthened the safety production management function of the association organization.
At present, trade associations play a major role in safety production management in developed countries. In order to give full play to the safety management role of associations in our city, more specific provisions have been made on the basis of the upper-level law, stipulating that associations should provide safety information consultation, technical exchange, education and training, safe community construction and other services for production and business units, guide production and business units to strengthen safety management, participate in relevant safety inspections, and participate in the formulation of relevant safety standards.
Highlight 5
The safety responsibilities of technical institutions of production and business units are stipulated.
In recent years, Qingdao Sinopec? 1 1.22? Oil pipeline explosion accident, Kunshan? 8.2? Explosion accident, Fengdu Second Yangtze River Bridge? 10. 12? A number of serious accidents in our country and our city, such as surrounding collapse accidents, have exposed a series of safety and technical management problems of production and business units. The deep-seated causes of accidents are often technical problems, and technical defects become the direct and important reasons for accidents. Therefore, by strengthening the responsibility of the technical person in charge of production and business units, the safety responsibility of technical institutions is clarified, and the implementation of the safety technology management responsibility of production and business units is promoted.
Highlight 6
The responsibilities of safety production management of property institutions are stipulated.
At present, there are many accidents in residential areas, but it is difficult to find the departments and responsible subjects to prevent accidents, which has become a dead end of safe production. Based on the principle of solving problems by legislation, the responsibility of safety production management and legal responsibility of property service enterprises are defined for the first time in local laws and regulations throughout the country, requiring them to carry out regular safety inspections within their own business scope to find and deal with potential safety hazards, filling a gap in safety production management.
Highlight 7
The mandatory safety requirements of public safety places are emphasized.
In order to strengthen public safety management, mandatory safety requirements for dangerous goods warehouses and public gathering places are stipulated. One is to learn from Tianjin? 8. 12? The accident lesson clearly stipulates that warehouses or other places where dangerous goods are stored and stacked should set up obvious safety warning signs, indicating the name, type, quantity, safety instructions, fire control requirements and other precautions of dangerous goods. Second, mandatory provisions have been made on the operating conditions, evacuation routes, fire-fighting equipment, emergency rescue and shore training of public gathering places such as stations, docks, airports, dance halls, theaters, stadiums (gymnasiums), hotels, restaurants, commercial (urban) places, tourist attractions, amusement places, Internet cafes, bars and so on.
Highlight 8
The legal status of local standards for production safety has been improved.
Standards are an important part of the legal system, an extension and refinement of the law, which plays the role of technical legal provisions and is a comprehensive performance of legal governance, technical governance and social governance. Clarifying the local standards of safety production is an important condition that the production and business units in our city must follow in safety production, which embodies the requirements of deepening the safety production management system and public security reform, is conducive to strengthening and standardizing the safety production work in our city, and promotes the development of safety production management in the direction of legalization, science, modernization and standardization.
Highlight 9
The legal norms for accident investigation and handling and accident responsibility determination have been established.
According to the "Regulations on Reporting, Investigation and Handling of Production Safety Accidents" in the State Council, combined with the actual situation in our city, the substantive and procedural provisions on accident investigation and handling are clarified. First, it is stipulated that the municipal safety supervision department shall organize relevant departments to investigate major accidents and major accidents; General accidents shall be investigated by relevant departments organized by district and county safety supervision departments. The second is to clarify the power of the municipal safety supervision department to reply to the accidents investigated by the organization. The third is to clarify the legal provisions on the identification of responsibility for false reporting and concealing accidents.
Highlight 10
Improve the legal liability provisions.
On the basis of the superior law, the responsibilities of production safety management of production and business units and related personnel are refined, and the administrative penalty clauses are increased accordingly. These legal norms improve the obligations and responsibilities of the administrative counterpart, fully embody the operability of administrative punishment, fully consider the overall economic situation of the production and business units in our city, make the obligations and legal responsibilities roughly balanced, and enhance the important role of legal responsibility investigation in curbing illegal activities in production safety.
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