1. Write the "three musts" into the law
The new Law on Work Safety adds expressions such as "Work safety adheres to the leadership of China * * * Production Party" and "People first, life first", which further clarifies the responsibilities of all parties in work safety. Specifically, the management industry must manage safety, and clarifies that work safety is not only the responsibility of emergency management departments. In charge of business, safety must be managed, that is, except for the principal responsible person who is the first responsible person, other deputies should be responsible for safety production according to the business in charge. To manage production and operation, we must manage safety, that is, we must pay attention to both safety and safety at the same time, otherwise, if there is an accident, the person in charge of production will bear the responsibility.
Second, the safety supervision and management functions of various departments have been further clarified
The new Law on Work Safety clearly stipulates that relevant departments such as transportation, housing and urban and rural construction, water conservancy and civil aviation shall supervise and manage the work safety in related industries and fields within their respective responsibilities; The supervision and management departments of emerging industries and fields shall be determined by the governments at or above the county level according to the principle of similar business; Relevant departments should establish a working mechanism of mutual cooperation, joint management, information sharing and resources utilization, and strengthen the supervision and management of production safety according to law; The provisions on the compilation of safety production power and responsibility list are also newly added provisions to prevent relevant departments from passing the buck and compacting the responsibilities of relevant departments.
Third, the main responsibility of production safety of production and business units has been further consolidated
First, the responsibility system for production safety of all employees has been established; The second is to establish a safety risk classification control mechanism and a major accident hidden danger investigation and reporting system. The new "Safety Production Law" clearly states that production and business units should establish a safety risk classification control mechanism, regularly organize risk identification and assessment, and strictly implement classification control measures to prevent risks from turning into safety accidents. The investigation and management of hidden dangers is an important system established in the Law on Work Safety. This revision has added a provision that the investigation and management of hidden dangers of major accidents should be reported to relevant departments in time, with the aim of making production and business units ensure that the investigation and management of hidden dangers are in place under the dual supervision of regulatory authorities and employees of their own units.
IV. Increased humanistic care for employees by production and business units
The new "Law on Work Safety" sets up advocacy clauses, which have no corresponding legal responsibilities, but it is also of great significance and practical needs. An enterprise with social responsibility will give every employee the greatest care from the perspective of humanistic care. Only when employees are physically and mentally healthy can they devote themselves to work with full energy and create greater value for the unit and even the society.
V. Targeted modifications have been made to the construction outsourcing and dangerous operations of mine projects
The new "Safety Production Law" strictly requires dangerous operations such as hot work and temporary electricity consumption. On the basis of the original specified blasting and hoisting operations, special personnel shall be arranged for on-site safety management during hot work and temporary power consumption operations to ensure the compliance of operating procedures and the implementation of safety measures.
VI. Public interest litigation system for safety production
The new "Law on Safety Production" makes it clear that only the people's procuratorate has the right to file public interest litigation for safety production. The scope of bringing a public interest lawsuit for production safety can be the hidden danger of major accidents caused by illegal acts of production safety or the major accidents caused by them, which have infringed on the interests of the state or the public.
VII. Increasing the scope of punishment for illegal acts
The new Law on Work Safety has increased many illegal acts that should be punished. For example, Item (4) of Article 99 of the Law on Safety in Production shuts down or destroys monitoring, alarm, protection and life-saving equipment and facilities directly related to production safety, or falsifies, conceals or destroys their relevant data and information; Item (8), production and business units in catering and other industries use fuel gas without installing combustible gas alarm devices.
VIII. Intensifying the punishment for illegal acts
First, increasing the daily penalty system. If a production and business operation entity violates the provisions of this Law and refuses to make corrections, the department responsible for the supervision and administration of production safety may impose continuous daily penalties according to the original penalty amount from the day after the order is made to make corrections, further increasing the illegal cost of production safety. Second, the amount of the fine is higher. If a particularly serious accident occurs, and the circumstances are particularly serious and the impact is particularly bad, the emergency management department can impose a fine on the responsible production and business operation unit according to the amount of the fine of more than 2 times and less than 5 times, up to 1 billion yuan. Third, the punishment is stronger, and serious illegal acts such as issuing false reports to third-party institutions, on the one hand, not only the amount of punishment is greatly increased; On the other hand, it is forbidden to engage in related work for five years. If the circumstances are serious, it is forbidden to enter the industry and occupation for life.
IX. Compulsory insurance system for high-risk industries
The new Law on Work Safety specifies that eight high-risk industries, such as mines, dangerous chemicals, fireworks and firecrackers, transportation, construction, civil explosives, metal smelting and fishery production, must be insured for production safety liability insurance. The coverage of production safety liability insurance includes not only the employees of the enterprise, but also the casualties and property losses of the third party, as well as related expenses such as rescue, accident identification and legal proceedings. Therefore, it is an effective way to transfer risks effectively and eliminate accident damage in time to insure production safety liability insurance.
X. Evaluation system of accident rectification has been added
The new Safety Production Law has added the evaluation content of accident rectification, and it is a powerful measure to supervise the effectiveness of rectification and prevent accidents from happening again.