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New safety production law ten highlights
New production safety law (new law), conscientiously implement the General Secretary Xi Jinping on production safety work, a series of important instructions, from strengthening the safety in production work placement, and further implementation of the main responsibility for production and business units, positioning of government safety supervision and strengthen grass-roots law enforcement forces, strengthen production safety accountability and other four aspects of, focus on safety in production problems and the requirements of the development, to supplement and improve the relevant legal provisions, there are ten highlights.
First, adhere to the people-oriented, promote safe development
Has great realistic meaning to new law put forward the work of production safety should be people-oriented, fully embodies the General Secretary Xi Jinping and other leading comrades of the central authorities concerning the work of production safety, a series of important instructions, stick to development must not be at the expense of human life at the expense of the red line, firmly establish the concept of people-oriented, life oriented, correctly handle the great danger and accident emergency rescue "preserving property" or "guarantor life" problem and so on. To strengthen production safety work of the important position, clear safety production plays an important role in the national economic and social development, promote production safety situation remained stable and better, the new law will adhere to safe development written into the general.
Two, establish and improve the safe production policy and working mechanism
The new law established the "safety first, prevention first, comprehensive treatment" of the safe production work "twelve words", made clear the important role of safety production, the main task and the fundamental way to achieve safe production. "Safety first" requirements engaged in production and business activities must put safety in the first place, not at the expense of human life, health and cost in exchange for development and benefit. "Prevention" requirements put the focus of the work of production safety in the prevention, strengthen the investigation and risk management, "pornography rule violations, from the source control, prevention and reduction of production safety accidents. Comprehensive management requires the use of administrative, economic, rule of law, technology and other means, give full play to the role of society, employees, supervision of public opinion, a good grasp of the work safety. Adhere to the "12 character principle, summed up the practical experience, the new law explicitly request the establishment of production and business units responsible, employee participation, government regulation, industry self-discipline, social supervision mechanism, to further clarify the parties responsibility for safety in production. Do a good job in the work of production safety, it is fundamental to implement the main responsibility for production and business units and employee participation is the foundation, the government regulation is the key, industry self-regulation is the development direction, the social supervision is to achieve the prevention and reduce the security of production safety accidents.
Three, strengthen the "three must", clear the safety supervision department of law enforcement status
In accordance with the "three must be" (pipe industry must be safe, management business must be safe, pipe production and management must pipes safe), one is the law of the State Council and at or above the county level people's governments shall establish and improve the safe production work coordination mechanism, timely coordination, solve the major problems existing in the supervision and administration of production safety. Second, implementing comprehensive supervision and administration of the law clear the State Council and at or above the county level in the local people's government safety production supervision and management departments, the relevant departments within the scope of their respective duties and responsibilities of related industries in the field of production safety work implementation supervision and management and will be referred to the bears the departments responsible for the supervision and administration of production safety. Third, new clear at all levels of production safety supervision and management departments and other bears the departments responsible for the supervision and administration of production safety as a law enforcement department, in accordance with the law to carry out the safety in production administrative law enforcement work, the production and business operation entity implementation of laws and regulations, National standards or industry standards for the situation to carry out supervision and inspection.
Four, clearly the Township People's government as well as street offices, development zone management agencies responsible for the production safety
Township streets is an important foundation for the work of production safety, it is necessary to clear the responsibility for safety in production at the legislative level. At the same time, for around the economic and Technological Development Zone, industrial park, the safety supervision system, supervision personnel equipped with insufficient, hidden dangers of accidents, accident prone and other outstanding problems, the new law explicitly: Township, Town People's governments and neighborhood offices, development zone management agencies and other local people's government agencies shall, according to their respective functions and duties, strengthen within the administrative region of production and business units of production safety supervision and inspection, assist the superior people's Government of the relevant departments in accordance with the law to fulfill the duties of supervision and administration of production safety.
Five, to further clarify the main responsibility for the production and operation of the main units of production safety
Do a good job in safety production, the implementation of the main responsibility of the production and business units is fundamental. New law to define the security responsibility, play production unit of an organ for the administration of production safety and the personnel for the administration of production safety role as an important content and make major provisions of the three aspects: clearly entrusted agency regulations provide safe production technology, management services, ensure the safety production responsibility still by the unit responsible for; the second is clear production and business units of production safety responsibility system, provisions of the production and business operation entity shall establish a corresponding mechanism, strengthen the implementation of safe production responsibility system of supervision and evaluation; the third is the clear production seven operating units of the organ for the administration of production safety and safety production management personnel to perform their duties.
Six, the establishment of the system to prevent the production of safety accidents
New law to strengthen the advance prevention, strengthen investigation and management of risks as one of the most important contents: one is the production and business operation entity shall establish a production safety accident investigation and management system, take the technical and management measures to discover and eliminate potential accidents, and report to the practitioners for investigation and risk management of the system. Second, the relevant departments of the government shall establish a sound supervision system of governance of major accident hazards, supervise the production and business operation entity to eliminate the hidden danger of major accidents. Three is not to establish a hidden danger investigation and management system, did not take effective measures to eliminate the hidden dangers of accidents, set a strict administrative penalties. Four is given bear the duties of safety supervision department to refus does not perform enforcement decisions, to have the production safety accidents in real danger of the production and business operation entity according to law to take power outages, stop for civil explosives and other measures, the mandatory production unit to perform the power of decision.
Seven, the establishment of a standardized system of safety production
Safety production standardization is in the traditional safety quality standardization foundation, according to the requirements of the work of production safety, the production process characteristics, draw lessons from foreign advanced safety management thought, forming a set of system, standardized and scientific safety management system. In 2010 the "State Council on further strengthening enterprise safety in production work notice" (Guo Fa [2010] No. 23), 2011 "the State Council on the views of safety scientific development to promote the production safety situation remained stable and better" (Guo Fa [2011] No. 40) were on safety production standardization proposed specific requirements. In recent years, mines, dangerous chemicals and other high-risk industries and enterprises safety production standardization has made remarkable achievements, trade and industry in the field of standardization work is being carried out in full swing, essence of the enterprise safety production level has improved significantly. Combined with many years of practical experience, the new law in the general section clearly put forward to promote safe production standardization work, which will to strengthen safety production base construction, promote the level of safe production in enterprises continued to improve has a profound and far-reaching influence.
Eight, the implementation of the system of Registered Safety Engineer
In order to solve the safety production of SMEs "nobody tube, not control problem, promote safety production management team toward specialization, professional development, the state since 2004 for 10 consecutive years of implementation of the national registered safety engineer qualification unified exam, 21.8 million people made qualification certificate. As of December 2013, nearly 150 thousand people have been registered and in the production and business units and the safety of production intermediary service institutions. New law established the certified safety engineer system, and from two aspects to be promoted: one is dangerous goods production, storage units as well as mining, metal smelting unit should have registered safety engineer in the management of production safety work, encourage other production and business units employ registered safety engineer engaged in the management of safety in production. Two is to establish a registered safety engineer according to the professional classification management system, authorized by the relevant departments of the State Council to develop specific implementation measures.
Nine, promote the safe production liability insurance system
The new law summarizes the pilot experience in recent years, through the introduction of insurance mechanisms to promote safety in production, the provisions of the state to encourage production and business units to insure the safe production liability insurance. Liability insurance of safe production with other insurance do not have the special features and advantages, increase the accident rescue expenses and the third party payment (the accident unit employees outside the accident victim) sources of funding, to ease the burden on the government, to maintain social stability. At present, some areas also provide a part of the funds for the compensation for the families of the victims of the accident. Two is conducive to the improvement and development of the current economic policy of safe production. Since 2005, the implementation of the high risk industry risk mortgage system deposit standard high, large amount of funds, the lack of incentives and other issues. At present, Hunan, Shanghai and other provinces (municipalities) have been adopted by local legislation to allow enterprises to voluntarily choose liability insurance or risk mortgage payments, by the extensive welcome of enterprises. Three is through the insurance premium rate, the introduction of insurance companies to participate in enterprise safety management, and effectively promote the enterprise to strengthen safety in production.
Ten, increase the safety of illegal activities of the responsibility to be investigated
One is the provisions of the administrative punishment and lifetime ban into the industry accident. First, the provisions of the administrative regulations will be increased to the legal provisions, in accordance with the two main responsibility, the four level of the accident, the establishment of the production and business units and the principal responsible person of the eight fine penalty provisions. Second, a substantial increase in the amount of fines on the units responsible for the accident: general accident fined 2 00000 yuan to 5 00000 yuan, large accident 5 00000 yuan to 1 million yuan, major accident one million yuan to 5 million yuan, major accidents in particular five million yuan to tens of millions of dollars; special major accidents if the circumstances are especially serious, fine 10 million yuan to 20 million yuan. Third, to further clarify the main responsible person responsible for major, special major accidents, life may not serve as the main person in charge of the industry production and business units.
Two is to increase the fine punishment. Combined with the actual situation of the regional level of economic development, enterprise scale, the new law to maintain the lower limit of the fine is essentially the same, the maximum penalty increased 2 to 5 times, and most of the penalties will no longer be a deadline for rectification as a pre condition, reflecting the "pornography rule violations," severe punishment "reality needs, and strengthen the deterrent force of production safety violations, but also help to reduce the cost of law enforcement and improve the effectiveness of law enforcement.
Three is the establishment of a serious violation of the notification and notification system. Requirements bears the responsibility for production safety supervision and management departments to establish a production safety violations repository, truthfully record the production and business units of production safety violations information; if the circumstances are serious violations of production units shall be announced to the public, and to inform the industry department, the investment department, the administrative department of land and resources, the securities regulatory authorities and the relevant financial institutions.

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Tel: 0510-86191088
Fax: 0510-86191800
Phone: 18861653888
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E-mail: sm@shuangmacn.com

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Phone: 18861653888         E-mail: sm@shuangmacn.com
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