No.75 [2019] of lu emergency

In order to further strengthen the implementation of the main responsibility for production safety of enterprises, the following opinions are put forward in accordance with the provisions of the production safety law, shandong province regulations on production safety and shandong province regulations on the main responsibility for production safety of production and business operation entities, etc. :

I. general requirements

Adhere to xi jinping, the new era of socialism with Chinese characteristics as a guide, comprehensively implement the party's 19th and 19 fourth plenary session of 2, 3, spirit, and consciously practice centered on the development of ideas, firmly establish a safe development concept, must not stick to development at the expense of security at the expense of the impassable red line, adhere to the problem oriented, adhere to the bottom line of thinking, adhere to severely, adhere to the system, the full implementation of enterprise production safety responsibility, continue to increase investment in safety production, continuously improve the level of essential safety, contain all kinds of production safety accident occurs, effective preventive measures to promote production safety situation improved steadily, For shandong high - quality development in the forefront to provide security.

Second, the emphasis on the implementation of corporate responsibility

(a) improve the safety production responsibility system, so that every employee know what to do. The enterprise should establish the responsibility system of production safety for all employees from the main person in charge to every post and every employee. The content of the responsibility system should include the responsible person, the scope of responsibility and the assessment standard. The responsible person should be clear to each post, clear to the staff, staff changes should be updated immediately. The results of enterprise risk identification should be included in the scope of responsibility system and made clear to every employee. The scope of responsibility should be in line with the actual work of each employee and cover every risk point. The content of the scope of responsibility should not be the requirement for safety production work. The safe production responsibility system of production workshops, shift groups and front-line employees should be easy to understand and easy to operate. Assessment standards should correspond to the scope of responsibility, and assessment mechanisms should be developed and implemented to ensure that employees' income is linked to the assessment.

(2) improve the safety management system and operating procedures, so that each employee knows what not to do and how to do. The safety production management system and operating procedures of the enterprise shall cover the whole process of production and operation, and comply with the requirements of national laws and regulations and standards. In response to the changes in laws and regulations, standards and norms and the actual production and operation of enterprises, it shall be updated in a timely manner, and shall be adjusted once a year and revised once every three years. In the course of production and operation activities, no specific work without operating rules shall be allowed to operate. The operation specifications shall be jointly formulated by the technical, technological, equipment, production and safety personnel and examined and approved by the person in charge of production. Employees with outstanding "three violations" such as illegal operation, illegal command and violation of labor discipline shall be dismissed and incorporated into the enterprise's production safety management system. If one or more responsible persons are found out, they shall not be employed within 3 years.

(3) pay close attention to the safety education and training of all employees, and improve the ability of employees to fulfill the main responsibility of enterprises. The main person in charge of enterprises in high-risk industries, safety production management personnel and special operations personnel should hold the post according to the law. The enterprise production safety responsibility system, management system, operating rules and relevant standards and norms related to the enterprise production safety shall be included in the enterprise three-level training. The training shall be conducted in strict accordance with the contents, class hours and work connection points stipulated by national laws and regulations. Implement the accountability system for training personnel. Those who fail to conduct training in accordance with the provisions and thus cause "three violations" of the staff shall be investigated for responsibility according to the law; Those who fail to meet the training requirements shall be held accountable according to law. The new employees shall enter the production post after passing the practical operation training workshop training and assessment. The front-line employees shall enter the practical operation training workshop for retraining every year to improve their operation skills.

(4) improve the dual prevention system to ensure that people's unsafe behaviors, the unsafe state of goods and defects in management are promptly and effectively addressed. We should improve systems and systems and strictly implement them. We should adhere to a high degree of integration between all employees, all positions and the whole process and the existing management system. We should ensure that risk control covers the entire process of production and operation of enterprises and that the security responsibilities identified are implemented one by one. Should establish from main person in charge to the hidden trouble of each employee to check management responsibility system, ensure the hidden trouble of each post, each equipment gets prompt discovery, prompt management. Should according to management goal, personnel, fund, measure, time limit 5 carry out the requirement, to discover hidden trouble undertakes management. Establish and implement the reward system for reporting potential accidents, encourage employees to find potential problems and report them in time, so as to prevent the occurrence of disasters. We will implement the statistical analysis system for potential accidents, regularly conduct statistical analysis on potential accidents, sort them out, remedy defects in management, and eliminate potential accidents from the root.

(5) strengthening emergency management to minimize casualties and property losses after accidents. The enterprise shall identify and evaluate the risks according to the characteristics and hazards of possible accidents, formulate the corresponding emergency rescue plan, organize at least one exercise of the emergency plan every year (every half year for enterprises in high-risk and crowded places), evaluate the effectiveness and operability of the emergency plan, and revise and improve it in time. Enterprises in high-risk and crowded places shall establish emergency rescue organizations according to law, equip them with necessary and applicable emergency rescue equipment, equipment and materials, or designate part-time emergency rescue personnel and sign emergency rescue agreements with full-time emergency rescue teams. The enterprise should organize and carry out the training of emergency plan, on-site disposal plan, self-rescue and mutual rescue, and the skills of escape from danger, so as to improve the safety awareness and emergency disposal skills of the employees. The direct decision right and command right are given to the foremen, team leaders and dispatchers of the production site to issue the order to suspend production and withdraw personnel in the first time when they encounter the dangerous situation.

Iii. Measures to supervise and urge the implementation of the responsibility of enterprises in production safety

(1) clarifying the responsibilities of supervision and carrying out supervision in accordance with the law. The departments responsible for the safe production supervision in accordance with "pipe industry must pipe security, business must pipe safety, production must tube safety" requirements, strictly implement the "safety production law" the shandong province safety in production responsibility system for administrative provisions on the duties and the way of regulatory requirements, earnestly implement the safe production supervision. We should make a list of rights and responsibilities and a list of implementation, identify the subject of responsibility, and make specific implementation plans to ensure that the responsibilities are clear. We will give full play to the role of the committee on work safety in industrial supervision, accident investigation, and work scheduling, and strengthen supervision over work safety in industries and fields. Professional supervision should be fair and equitable, highlight the level of specialization, and actively carry out third-party supervision. We must fulfill our duties, act boldly, and exercise oversight. We will improve the work style and law enforcement methods of safety supervision, and urge enterprises to fulfill their main responsibilities through unannounced investigations, interviews, consultations with experts, and warnings and education.

(2) guide enterprises one by one and help enterprises improve the management mechanism of production safety. The departments responsible for the safe production supervision organization to force, for the industry, the enterprise in the field of actual requirements and laws and regulations, standards, set up enterprise's safety production responsibility system, management system, operation procedures and hidden management, training, education mechanism of the standard version, according to the principle of territorial management, graded supervision, in-depth field of industry or enterprise, guide enterprises to establish the safe production responsibility system, three management systems, operating rules and regulations, perfect the hidden governance mechanism, training education. The time limit shall be specified, and the enterprises in the industry or field shall be ordered to improve the system and implement the mechanism on time. Where there is no rectification at the expiration, all shall be handed over to law enforcement agencies for handling according to law.

(3) strictly enforce the law and crack down on illegal ACTS of production safety in accordance with the law. Law enforcement agencies concerned with production safety shall, in accordance with the production safety conditions stipulated by the production safety law, shandong province production safety regulations and other laws, regulations and standards, formulate standards for enforcement inspection by category. Detailed supervision plan according to the principle of dependency management and hierarchical supervision; According to the time compliance with the quality of the requirements, one by one enterprise to conduct a comprehensive inspection. Any enterprise that does not have the conditions for safe production stipulated in the production safety law and relevant laws, regulations and standards shall not engage in production and operation activities. Where a license for production safety has been obtained, the license shall be handed over to the competent authority for recovery; Whoever refuses to stop production and business operations shall, in accordance with the relevant provisions, take such compulsory administrative measures as stopping the supply of electricity or explosives for civilian use. To find out the hidden dangers of the basis of a written statement, rectification requirements, corresponding penalties, strictly in accordance with the law in accordance with the regulations.

Iv. Establish the four systems of accident liability investigation

(1) establish a system of investigating criminal responsibility in accordance with the law before an accident occurs. We will further clarify the application of penalties for investigating criminal responsibility before accidents in the field of work safety, and severely crack down on all kinds of illegal production, operation and construction in the field of work safety. The first is to clarify the illegal production and sale of fireworks related to crime. Article 140 of the criminal law (crime of producing and selling fake and low-quality products) and article 146 (crime of producing and selling products not conforming to safety standards) may be convicted and punished in accordance with the provisions of the criminal law; Whoever, in violation of state regulations, illegally produces or sells fireworks without an administrative license shall be convicted and punished in accordance with article 225 of the criminal law (crime of illegal business operation). Second, to clarify the illegal production and distribution of hazardous chemicals related issues. Article 125 of the criminal law (crimes of illegally manufacturing, trading, transporting and storing hazardous substances) shall be convicted and punished in accordance with the provisions of article 125 of the criminal law; In violation of the provisions of the state, the work safety administrative licensing in accordance with the law or beyond the scope of administrative license, without authorization, engaged in dangerous chemicals except with toxic dangerous chemicals production and business activities, or administrative license expires continue production and management of dangerous chemicals, and reach the standard of prosecution, in accordance with the provisions of article 225 of the criminal law, the illegal business crime convicted and punished.

Establish a criminal investigation system for production safety accidents. Relevant departments shall, in accordance with the "about to handle criminal cases endangering production security to explain some issues of applicable law (no. 22 [2015]) and the safe production in shandong province the measures for the implementation of administrative law enforcement and criminal justice work cohesion (emergency hair [2019] no. 43) regulation, such as responsibility for a production safety accident killed one person or more, serious injury, economic loss of 1 million yuan of above three people enterprise start a criminal investigation, if the case constitutes a crime, the enterprise principal, actual controllers or relevant responsible personnel shall be investigated for criminal responsibility by judicial organs in accordance with the law; Whoever has the circumstances of a heavier punishment shall be given a heavier punishment according to law. People's courts, people's procuratorates and public security organs at all levels shall, in accordance with the principle of "who signs, who approves and who is responsible", take a prudent attitude to examine an application for obtaining a guarantor pending trial submitted by the main person in charge and the actual controller of the enterprise.

(3) establish a system for remediation of production suspension in case of production safety accidents. Deaths occurred for more than 1 person and enterprise production safety accident, because of major accidents may cause secondary derivative such as further accident, unable to guarantee the safe production conditions, the departments responsible for the supervision and administration of production safety according to the production safety law and other relevant regulations, in accordance with the law shall be ordered to enterprise partial or all of the temporary suspension or the suspension reorganization. After the suspension of production and rectification period expires, the enterprise shall submit an application, and the department or unit responsible for the supervision and administration of production safety shall organize experts to conduct acceptance inspection, and the production, operation, construction and construction may be resumed only after the hidden dangers are determined to be eliminated and the production safety conditions are met. If an enterprise still does not meet the conditions for production safety after production suspension, rectification and acceptance, the department responsible for the supervision and administration of production safety shall submit a request to the people's government of the territory to close it in accordance with the relevant procedures. After the people's government of the territory studies and decides to close the enterprise, the departments responsible for the supervision and administration of production safety shall revoke the relevant certificates and licenses of the enterprise in accordance with the law.

Establish a joint disciplinary system for production safety accidents. Led by the emergency department and with the participation of relevant departments, joint law enforcement and joint punishment shall be carried out for the enterprises that have the production safety responsibility accident with the death of one person or more, so that the illegal cost paid by the enterprises is much higher than the safety input reduced in the early stage. Emergency departments are required to convene joint meetings and initiate joint law enforcement procedures within a week of the incident. Joint law enforcement should be carried out in accordance with the principle of "who is in charge, who is in charge, who is in charge of examination and approval, and who is in charge of supervision and regulation", and the completeness and legality of all kinds of certificates and administrative licenses and other procedures of enterprises involved in accidents should be examined. Administrative, economic and legal means shall be comprehensively used to deal with the illegal ACTS such as incomplete certificates and licenses, lack of procedures, false certificates, concealment and omission of reports, illegal pooling of financing and cross-border mining. The main person in charge of an enterprise that is investigated for criminal responsibility for an accident shall not be the main person in charge of any enterprise within five years from the date when the punishment is completed; Anyone who is responsible for a major accident or more shall not be the principal person in charge of an enterprise in the same industry for life. The leading group of the state-owned (holding) enterprise that produces bigger above accident or successive death accident cannot enjoy year - end assessment reward, main person in charge cannot participate in that year appraisal activity of outstanding achievement.

5. Safeguard measures

1. Strengthening organization and leadership. And other emergency departments at various levels of departments responsible for the supervision and administration of production safety to further improve the ideological understanding, always put the urge to implement enterprise's main body responsibility as the supervision and administration of production safety and responsibility to carry out the most important and fundamental to grasp, to regular analysis and forecasting enterprise implementation main body responsibility, strengthening supervision of law enforcement, coordinate to solve the difficult problems, strengthen the investigation and study, timely summary promotion industry, implement enterprise's main body responsibility within the territory of practice experience, seeking truth from facts, adjust measures to local conditions, put forward to solve the problems existing in the supervision law enforcement.

(2) establish consultation and coordination mechanism. Emergency departments at various levels and other departments, public security organs, people's procuratorates and people's courts responsible for supervision and administration of production safety shall establish a long-term working mechanism for linking administrative law enforcement of production safety with criminal justice. Strengthen communication and cooperation in daily work, hold regular joint meetings, coordinate and solve important issues, and specify agreed matters by means of meeting minutes and other forms, and regularly jointly notify the information of the transfer, filing, public prosecution, and judgment results of suspected work safety criminal cases within the jurisdiction.

3. Strengthening publicity of the rule of law. We will establish a media exposure system, focus on the prominent problems and potential accidents in production safety, and organize the media to follow up the investigation, follow up the rectification and supervision, and track the implementation and effectiveness. We will establish a system of people's supervisors over production safety, and encourage people from all walks of life, the CPPCC, mass organizations, and the media to supervise and provide clues to major safety risks. We will improve the system for reporting work safety with rewards, substantially increase the amount of rewards, and set a deadline for reporting and complaining about violations of laws and regulations in production safety. We will intensify public interest publicity on production safety, and set up public interest publicity columns on the media, websites and news clients, so as to popularize the knowledge of the implementation of laws and regulations on the main responsibility of enterprises in production safety.

This opinion shall be effective as of the date of issuance and shall be valid until December 8, 2024.