It is timely for the newly revised Qingdao Safety Production Regulations to boldly innovate and improve the level of legalization of safety production
2024-06-11
The newly revised Qingdao Safety Production Regulations (hereinafter referred to as the Regulations) will come into effect on June 1st. The Regulations have made detailed provisions in strengthening and implementing the main responsibility for safety production of production and operation units. As a coastal open city, Qingdao City in Shandong Province, with rapid economic and social development, various new industries and fields continue to emerge, bringing new risks and challenges to safety production supervision work. It is timely to improve the relevant laws and regulations on safety production, and focus on improving the level of legalization of safety production. The Regulations have been revised from the original 55 articles to 66 articles. On the basis of inheriting the superior law and combining with the actual situation in Qingdao, bold innovation and breakthroughs have been made, which are specifically reflected in the "four focuses". Enterprises that focus on consolidating the main responsibility for safety are the main body of safety production. Therefore, the Regulations specifically stipulate the main responsibility of production and operation units. In terms of responsibilities, it is emphasized that production and operation units, their main responsible persons, and relevant responsible persons shall not transfer the safety production responsibilities that should be borne by their own units or individuals in accordance with the law to other units or individuals. In terms of safety management, safety management regulations have been added for operating units in densely populated areas, as well as management and service units such as commercial buildings and commercial complexes, or property service enterprises. It is required that the headquarters of enterprise groups should strengthen guidance and supervision on safety production for their subordinate enterprises. In terms of rights protection, emphasis should be placed on strengthening care for employees, paying attention to their physical, psychological conditions, and behavioral habits. Through psychological counseling, adjusting positions, or conducting targeted safety production training, measures should be taken to prevent employees from causing safety accidents due to abnormal behavior. Emphasis is placed on improving the safety supervision system. The Regulations adhere to the principles of "equal responsibility between the Party and the government, dual responsibilities for one position, joint management, and accountability for dereliction of duty" and "three management and three musts", and strive to build a comprehensive and clear supervision system with clear rights and responsibilities. At the level of territorial supervision, the safety production responsibilities of the municipal, district (city) people's governments, safety committees and their offices, town people's governments, and street offices have been clarified one by one. At the level of departmental supervision, in response to the issue of unclear specific scope of departments responsible for safety production supervision and management, it is stipulated that their scope and responsibilities shall be studied and proposed by the same level safety committee and submitted to the local government for determination. In response to the actual reform of comprehensive administrative law enforcement, the administrative penalty power and related administrative enforcement power stipulated in safety production laws and regulations are specifically stipulated. If they are not clearly included in the centralized exercise of comprehensive administrative law enforcement departments in accordance with the law, they will still be implemented by the departments responsible for safety production supervision and management, to avoid a regulatory vacuum caused by law enforcement reform. The Regulation emphasizes the prevention and resolution of safety risks. Through legislation, it promotes the transformation from a passive response mode focused on accident disposal to an active control mode focused on risk prevention, in order to prevent and reduce the occurrence of safety accidents from the source. In terms of risk control, the specific content of the safety risk control list and control archives has been clarified, and the three forms of hazard investigation and the specific content of the governance ledger have been standardized, promoting the construction of a dual prevention mechanism for risk hazards and breaking the chain from risk to accident. In terms of intrinsic safety, the scope of use of safety production funds invested by production and operation units and the main content of safety production standardization construction have been clarified, and the requirements for "three modernizations" work have been strictly implemented. Mandatory requirements have been made for high-risk production and operation units to strengthen safety production information management. In terms of education and training, it is clear that production and operation units and employees should comply with relevant regulations on safety production education and training, encourage large enterprises and other conditional production and operation units to establish safety production practice bases, enhance the safety awareness and self rescue skills of employees and the masses. This revision focuses more on mobilizing the enthusiasm of all sectors of society to participate in safety production, and strives to build a people's defense line of co construction, co governance, and sharing. The Regulation specifically regulates the behavior of regulatory authorities entrusting third-party organizations and personnel to provide safety production consultation and technical support to solve the problem of insufficient government regulatory support. It clarifies that regulatory authorities can rely on production and operation units and social organizations with conditions to determine dedicated warehouses and venues for storing, seizing, and confiscating dangerous goods. The Regulation requires production and operation units to purchase safety production liability insurance to solve the problem of "undetectable and unchangeable" hidden dangers in enterprises. The underwriting institution provides production safety accident prevention services for production and operation units, "checks and diagnoses" risk hazards, and helps enterprises maintain a "safety bottom line". According to the Regulations, any unit or individual has the right to report violations of safety production and hidden dangers of production safety accidents, verify their authenticity, and reward the informant in accordance with relevant regulations. (Lai Xin She)
Edit：Ying Ying Responsible editor：Shen Chen
Source：http://www.legaldaily.com.cn
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