Establish a criminal investigation system for production safety liability accidents "Who signs, approves, and is responsible"

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Shandong Provincial Emergency Management Department


Shandong Provincial People's Procuratorate


Opinions on strengthening the implementation of corporate responsibility for production safety


Lu Zhengfa (2019) No. 75


Municipal Emergency Management Bureaus, Intermediate People's Courts, People's Procuratorates, Public Security Bureaus, and relevant provincial departments and units:


In order to further strengthen the implementation of the responsibility of the main body of production safety of the enterprise, according to the "Safety Production Law", "Regulations on Work Safety in Shandong Province", "Regulations on the responsibility of production safety entities in production and operation of Shandong Province" and other provisions, the following opinions are put forward:


1 general requirements


Guided by Xi Jinping's ideology of socialism with Chinese characteristics in the new era, fully implementing the spirit of the 19th National Congress of the CPC and the 2nd, 3rd, and 4th Plenary Sessions of the 19th CPC Central Committee, consciously practicing the people-centered development philosophy, and firmly establishing safe development Philosophy, adhere to development and must not sacrifice safety at the insurmountable red line, adhere to the problem-oriented, adhere to the bottom-line thinking, adhere to the symptoms and root causes, adhere to the systematic advancement, fully implement the responsibility of the company's main body of production safety, continue to increase investment in production safety, and constantly Improve the level of intrinsic safety, effectively prevent and contain all kinds of production safety accidents, promote the continuous and stable improvement of the safety production situation, and provide safety guarantee for Shandong's high-quality development to be at the forefront.


2 Highlight the key points of corporate responsibility


(I) Improve the safety production responsibility system for all employees, so that each employee understands what to do. Enterprises should establish a responsibility system for production safety from the main person in charge to each position and each employee. The content of the responsibility system should include the person responsible, the scope of responsibility, and the evaluation standards. Responsible persons must be clear to each post, to employees, and personnel changes should be updated immediately. The results of enterprise risk identification should be included in the scope of responsibility system and clarified to each employee; the scope of responsibility should be adapted to the actual work of each employee, covering each risk point, and the requirements for safe production work should not be taken as the content of the scope of responsibility . The production safety responsibility system of production workshops, teams and front-line employees should be easy to understand and easy to operate. The assessment standard should correspond to the scope of responsibility, and an assessment mechanism should be formulated and implemented to ensure that employees' income is linked to the assessment.


(2) Improve the safety production management system and operating procedures so that each employee understands what should not be done and how to do it. An enterprise's production safety management system and operating procedures should cover the entire production and operation process, comply with the requirements of national laws, regulations and standards, and must not start production if it is not covered; it must correspond to the changes in laws, regulations, standards and its actual production and operation , Updated in time, adjusted once a year, revised every three years. In the production and operation activities, if there is any specific work without operating regulations, they shall not be allowed to work. Only technical, process, equipment, production, and safety personnel shall jointly formulate the work specifications and be approved by the person in charge of production before they can work. Employees with outstanding “three violations” who have illegal operations, command violations, and labor discipline violations shall be dismissed and incorporated into the enterprise's production safety management system; if one is found and the relevant responsible person is found, they shall not be hired within 3 years.


(3) Earnestly carry out safety education and training for all employees, and improve the ability of enterprise employees to implement corporate responsibility. The principals of high-risk industry enterprises, safety production management personnel and special operations personnel must hold their posts in accordance with laws and regulations. The enterprise safety production responsibility system, management system, operating procedures and related standards and regulations related to enterprise safety production shall be included in the content of the three-level training of the enterprise, and the training shall be conducted in strict accordance with the content, class hours and work junctions required by national laws and regulations. Not allowed to work after training. The system of accountability for trainees is implemented. Those who fail to train according to regulations and result in "three violations" of employees shall be held accountable according to law and regulations. Those who fail to meet the training requirements and arrange for on-the-job operations shall be held accountable according to law and regulations. Newly recruited employees should be trained in the hands-on training workshop and passed the assessment before entering production positions. Front-line employees should be re-trained in the hands-on training workshop every year to improve their operating skills.


(4) Improve the dual prevention system to ensure that the unsafe behaviors of people, the unsafe state of things, and management defects are promptly and effectively managed. It is necessary to improve the system, improve the system, strictly implement it, adhere to the full integration of all employees, positions, processes, and the existing management system, ensure that risk management and control fully cover the entire process of enterprise production and operation, and implement the security responsibilities that are sorted out one by one. It is necessary to establish a responsibility system for the investigation and management of hidden dangers from the main person in charge to each employee to ensure that the hidden dangers of each post and each device are discovered and managed in a timely manner. The hidden dangers discovered should be managed in accordance with the implementation requirements of governance objectives, personnel, funds, measures, and time limits. Establish and implement a reward system for reporting hidden dangers of accidents, encourage employees to discover hidden dangers and report in a timely manner, and prevent troubles from becoming a disaster. Implement a statistical analysis system for hidden dangers of accidents, conduct regular statistical analysis on hidden dangers of accidents, categorize them, make up for management defects, and eliminate hidden dangers from the root.


(5) Strengthen emergency management to minimize the extent of injuries and deaths and property losses after the accident. Enterprises should conduct risk identification and assessment of possible accident characteristics and hazards, formulate corresponding emergency rescue plans, and organize emergency plan drills at least once a year (every six months for high-risk and personnel-intensive enterprises) to evaluate the effectiveness and operation of emergency plans Revision and improvement in a timely manner. Enterprises in high-risk and personnel-intensive places shall establish emergency rescue organizations according to law, be equipped 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 teams. Enterprises should organize trainings on emergency plans, on-site disposal plans, self-rescue and mutual rescue, and risk avoidance and escape skills to improve the safety awareness and emergency disposal skills of employees. The company's production site staff, team leader and dispatcher are given direct decision-making power and command authority to issue orders to suspend production and withdraw from work when they are in danger.


3 Clear measures to urge the implementation of corporate responsibility for production safety

(1) Clarify supervision responsibilities and implement supervision in accordance with law. The departments in charge of the supervision of production safety must strictly implement the requirements of the “Safety Production Law” and “Administrative Safety Responsibility System Regulations of Shandong Province” in accordance with the requirements of “Management of the industry must be safe, business must be managed, and production and operation must be controlled by safety”. Responsibilities, supervision methods and other requirements, and earnestly fulfill supervision responsibility for production safety. It is necessary to formulate a list of rights and responsibilities, an implementation list, clarify the main body of responsibility, and a specific implementation plan to ensure that responsibilities are clear. In the field of industry supervision, accident investigation, work scheduling, etc., the role of professional committees on work safety shall be effectively exerted to strengthen work safety supervision in industries and fields. Professional supervision should be fair and fair, highlight the level of specialization, and actively carry out third-party supervision. We must perform our duties diligently, dare to seize control, and sink in supervision. Improve the safety supervision work style and law enforcement methods, and urge enterprises to implement their main responsibilities through unannounced visits, interviews, expert interviews, and warning education.


(2) Guidance on an enterprise-by-enterprise basis to help enterprises improve their production safety management mechanisms. The departments responsible for the supervision of work safety must organize special forces to formulate the work safety responsibility system, management system, operating procedures, hidden dangers inspection and governance, training and education mechanism for the industry and field enterprises and the requirements of laws, regulations and standards. In accordance with the principles of territorial management and hierarchical supervision, the standard texts of the company are in-depth with enterprises in this industry and field, and guide enterprises to establish three systems of production safety responsibility system, management system, and operating procedures, and improve hidden danger inspection and governance, training and education mechanisms. It is necessary to clarify the time limit, and order the enterprises in this industry and field to improve the system and implement the mechanism in a timely manner; all those that have not been rectified upon expiry shall be handed over to law enforcement agencies for processing according to law.


(3) Strict law enforcement and cracking down on illegal production safety in accordance with the law. Relevant law enforcement agencies for production safety shall classify and formulate law enforcement inspection standards in accordance with the safety production conditions stipulated by laws and regulations such as the Work Safety Law and the Regulations on Work Safety in Shandong Province, and standardize the supervision; In accordance with the requirements of time and quality, a comprehensive inspection is carried out on a case-by-case basis. Any enterprise that does not meet the requirements of the Work Safety Law and relevant laws, regulations and standards for safe production shall not be allowed to engage in production and operation activities; if it has obtained a safety production license, it shall be transferred to the competent authority to withdraw the license; refusal to stop production and operation In case of activities, administrative coercive measures such as stopping power supply and supplying civilian explosives shall be taken in accordance with regulations. The identified hidden dangers shall be explained in written terms, rectification requirements, corresponding penalties, and punished strictly according to law and regulations.


4 Establish four systems for investigating accident liability


(1) Establish a system of investigating criminal responsibility according to law before an accident. Further clarify the application of penalties for investigating criminal responsibility before accidents in the field of production safety, and severely crack down on various illegal production, operations, and construction activities in the field of production safety. The first is to clarify issues related to the crime of illegally producing and operating fireworks and firecrackers. Illegal production and sale of fake and shoddy fireworks that do not meet safety standards may be convicted and punished in accordance with Article 140 of the Criminal Law (the crime of producing and selling fake and shoddy products) and Article 146 (the crime of producing and selling products that do not meet safety standards); Anyone who illegally produces or operates fireworks with an administrative license shall be convicted and punished in accordance with Article 225 of the Criminal Law (crime for illegal operation). The second is to clarify the issues related to the illegal production and operation of dangerous chemicals. Those who engage in business (except for five banned highly toxic chemicals such as tetramine, fluoroacetamide, sodium fluoroacetate, tetramine, and fluorofluoride) without obtaining a hazardous chemical business license. , Convicted and punished in accordance with Article 125 of the Criminal Law (the crime of illegally manufacturing, buying, selling, transporting, and storing dangerous substances); in violation of state regulations, failing to obtain an administrative license for safe production in accordance with the law or exceeding the scope of the administrative license, engage in unauthorized activities other than hazardous chemicals If dangerous chemicals are produced or operated or continue to be produced or operated after the expiration of an administrative license, and the prosecution standard is reached, the offender shall be convicted and punished in accordance with Article 225 of the Criminal Law.


(2) Establish a criminal investigation system for production safety liability accidents. Relevant departments in accordance with the "Interpretation of Several Issues on the Application of Laws in Handling Criminal Cases Endangering Production Safety" (Fujian [2015] No. 22) and the "Implementation Measures for the Linkage of Administrative Law Enforcement and Criminal Justice in Production Safety in Shandong Province" (Lu Zhengfa [2019] No. 43) and other provisions, the criminal investigation shall be initiated on an enterprise that caused one or more deaths, three serious injuries, and economic losses of more than 1 million yuan in the event of a production safety liability accident. Responsible personnel shall be investigated for criminal responsibility by the judicial organs according to law; those with severe punishment shall be punished according to law. The people's courts, people's procuratorates and public security organs at all levels should take a prudent attitude to review applications for bail pending trials submitted by the company's main responsible persons and actual controllers.


(3) Establish a system to suspend production and rectify accidents due to production safety responsibilities. For enterprises that have one or more deaths due to production safety liability accidents, the existence of major accidents may cause secondary accidents and other accidents to occur, and the conditions of safe production cannot be guaranteed. ”And other relevant regulations, in accordance with the law ordered enterprises to temporarily or partially suspend production or business or suspend production for business rectification. After the shutdown and rectification period expires, the enterprise submits an application, and the department and unit with the responsibility for safety production supervision and management organizes expert acceptance to determine that the hidden dangers have been eliminated and the safety production conditions have been met before production, operation, construction and construction can be resumed. Enterprises that do not meet the requirements for safe production after production halt, rectification and acceptance shall be requested by the department in charge of work safety supervision and management to be closed by the local people ’s government in accordance with the law and procedures. The relevant departments shall revoke the relevant certificates of enterprises in accordance with the law.


(4) Establish a joint punishment system for production safety liability accidents. The emergency department will take the lead and the relevant departments will participate in the joint law enforcement and the implementation of joint disciplinary measures against enterprises that have died from one or more production safety liability accidents, so that the illegal costs paid by enterprises will be far higher than the safety investment reduced in the previous period. The emergency department should convene a joint meeting within one week of the accident to start the joint law enforcement process. In accordance with the principles of "who is in charge, who is responsible, who is responsible for approval, and who is responsible for supervision, who is responsible", joint law enforcement shall be conducted to review the completeness and legality of various types of certificates, administrative licenses and other procedures of accident companies. For infringements such as incomplete certificates and licenses, missing procedures, false certificates, concealment and omission of reports, illegal fundraising, and cross-border mining, comprehensive use of administrative, economic, and legal means shall be taken to deal with the law. The main person in charge of an enterprise that has been held criminally responsible for an accident shall not be the main person in charge of any enterprise for five years from the date of execution of the penalty; if he is responsible for a major accident or more, he shall not be the main person in charge of the enterprise in his industry for life. . Leaders of state-owned (holding) enterprises that have major accidents or consecutive fatal accidents cannot enjoy year-end assessment rewards, and the main person in charge cannot participate in the first evaluation of superior trees.


5 safeguard measures


(1) Strengthen organizational leadership. Emergency departments at all levels and other departments with responsibility for work safety supervision and management should further improve their ideological understanding, and always regard the implementation of the main responsibility of enterprises as the most important and fundamental policy of work safety supervision and management, and they must be implemented on a regular basis. Analyze and predict the implementation of corporate responsibilities, strengthen the supervision and enforcement of work safety, coordinate and solve key and difficult issues, strengthen investigation and research, and summarize and promote the experience and practices of implementing corporate responsibilities in the industry and field in a timely manner. Problems.


(2) Establish a consultation and coordination mechanism. Emergency departments at all levels and other departments, public security organs, people's procuratorates, and people's courts that have the responsibility for supervision and management of work safety shall establish a long-term working mechanism for the connection between work safety administrative law enforcement and criminal justice. Strengthen daily work communication and collaboration, regularly hold joint meetings to coordinate and resolve important issues, and clarify agreed matters in the form of meeting minutes, etc., and regularly jointly report information on the transfer, filing, prosecution, and judgment results of suspected production safety crimes within the jurisdiction. .


(3) Strengthen publicity of the rule of law. Establish a media exposure system, focus on outstanding issues in production safety and hidden dangers of accidents, organize media follow-up investigations and follow-up visits, follow up on rectification and supervision, and track implementation. Establish a system of people's supervisors for production safety, and encourage all sectors of society, the CPPCC, mass organizations, and the media to supervise and provide clues to major safety risks. We will improve the reporting system for rewards in work safety, increase the amount of rewards, and handle complaints about violations of laws and regulations on work safety within a time limit. Intensify public welfare publicity on production safety, and set up public welfare publicity columns on media, websites, and news clients to popularize the knowledge of laws and regulations on corporate production safety's responsibility.


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