Interpretation of the New Safety Production Law
Release time:
2021-08-02
The new "Safety Production Law" will come into effect on 2021 9# April 1 .
This revision of the Work Safety Law involves a total of 42 clauses, accounting for about 1/3 of the original clauses. The revised Work Safety Law strengthens the main responsibility of enterprises and at the same time increases the punishment for illegal acts. The punishment for enterprises is 170000 from the current 20 to 2000, raise to 30 ~1 .1 billion yuan, with no upper limit on daily penalty; The amount of accident fine for the main person in charge of the unit was increased from 30% ~ 80% of annual income to 40% ~ 100 .
The revision of the Safety Production Law mainly includes five aspects:The general idea of the revision of the Safety Production Law
1. to adhere to the concept of people-centered, firmly establish the concept of safety development, promote the idea of life first and safety first, and firmly adhere to the red line that development must not be at the expense of safety.
2. further implement the main responsibility of enterprise safety production, improve the safety prevention and control system, and resolutely curb the occurrence of major production safety accidents.
3. improve the implementation of safety supervision system, mechanism and responsibility system, enhance the effectiveness of supervision.
4. promote governance according to law and improve the level of the rule of law in production safety.
respects life, health and safety, highlighting the supremacy of life
2021
edition of the new safety law for the first time writes"insists on the supremacy of people and life, and puts the protection of people's life and safety in the first place " into the safety production law.
to increase the safety of production funds, materials, technology, personnel investment guarantee, improve the safety of production conditions. People's governments at all levels shall strengthen the construction of production safety infrastructure and the construction of production safety supervision capacity.Production and business units should pay attention to the physical, psychological conditions and behavior habits of employees, strengthen psychological counseling and spiritual comfort for employees, strictly implement job safety production responsibilities, and prevent accidents caused by abnormal behavior of employees.
increased the punishment for violations of the law, with the punishment intensity
"the most severe in history", for example: the accident fine is the maximum fine "20 yuan ~2000 yuan " stipulated in the 2014 edition of , increase to "30 yuan ~1 .8 billion yuan " .
Attach importance to risk management and control, try to find ways to eliminate hidden dangers of accidents; Attach importance to emergency management and emergency capacity building, and strive to eliminate and slow down accident losses, especially to avoid the loss of the right to life.
Focus on New Problems and New Risks Prevention and ResponseDeeply Drawing on the painful lessons of production safety accidents in recent years, it has made targeted regulations on new problems exposed in production safety accidents. For example, if production and business units in catering and other industries use gas, they shall install combustible gas alarm devices and ensure their normal use.
Construction units of mines, metal smelting construction projects and construction projects for the production, storage, loading and unloading of dangerous goods shall strengthen the safety management of construction projects, and shall not resell, lease, lend, affiliation or illegally transfer construction qualifications in other forms, it is not allowed to subcontract all the construction projects it has contracted to a third party or to subcontract all the construction projects it has contracted to a third party in the name of subcontracting, and it is not allowed to subcontract the projects to a unit that does not have the corresponding qualifications.
The institution responsible for safety evaluation, certification, testing, and inspection shall have the qualifications prescribed by the state, and shall be responsible for the legality and authenticity of the safety evaluation, certification, testing, and inspection results made by it. Institutions responsible for safety evaluation, certification, testing and inspection shall establish and implement a system of service disclosure and report disclosure, and shall not lease qualifications, affiliation or issue false reports.
Punishment for Illegal Acts
"# Strict in 105 History"
Punishment Amount "# Highest in 111 History" .
2021edition of the new safety law has generally increased the amount of fines for illegal acts. for accidents that are of great concern to everyone, the maximum fine stipulated in 2014 edition has been increased from .19 million yuan ~2000 .21 million yuan 118 "to " 30 .25 million yuan ~1 .7 billion yuan "; the amount of accident fines imposed on the main responsible persons of production and business operation units will be increased from 30% ~ 80% of the annual income of stipulated in the 2014 edition of to 40% ~ 100 of . punishment is more severe. For example, if the production and business operation unit fails to take measures to eliminate the hidden dangers of accidents, the "shall be ordered to make rectification first, and if it refuses to make rectification, it shall be ordered to suspend production and business for rectification and be fined " stipulated in the 2014
edition ofis revised to "shall be ordered to make rectification and be fined once found, and if it refuses to make rectification, it shall be ordered to suspend production and business for rectification, and may be fined continuously on a daily basis, refusal to rectify, to the local people's government to close the " . disciplinary penalties are even greater. We have increased the joint punishment and publicity of illegal and dishonest behaviors, increased the frequency of law enforcement, suspended project approval, raised relevant insurance rates, and banned industries or occupations, and publicized them to the public. Attaches Importance to Operation Management and Risk Control in High-risk Industries
2021New Safety Law Changes "
Hoisting" to
"Hoisting, Hot Work, Temporary Electricity " ; change "road transport unit " to "transport unit " ; Change "storage " to "storage, loading and unloading " ; change "locking and blocking " to "occupation, locking and blocking " ; Change "exit " to "exit, evacuation route " . to establish and improve the safety production responsibility system for all employees, strengthen the standardization and informatization of safety production, build a dual prevention mechanism for safety risk classification control and hidden danger investigation and management, improve the risk prevention and resolution mechanism, improve the level of safety production, and ensure safety production. adds an article "
production and business units in high-risk industries or fields that fail to take out production safety liability insurance in accordance with state regulations shall be ordered to make corrections within a time limit and be fined not less than 50,000 yuan but not more than 100,000 yuan and not more than 100,000 yuan"".
mining, metal smelting construction projects and construction projects for the production, storage, loading and unloading of dangerous goods construction units that fail to carry out safety management of construction projects in accordance with regulations shall be ordered to make corrections within a time limit and be fined less than 100,000 yuan; The above construction units that resell, rent, lend, link up or illegally transfer construction qualifications in other forms shall be ordered to suspend production and business for rectification, and the qualification certificate shall be revoked, confiscation of illegal income; If the illegal income is more than 100,000 yuan, a fine of not less than two times but not more than five times the illegal income shall be imposed. (according to the speech made by Chen Tianci, chairman of the group's board of supervisors, at the group's half-year work analysis meeting)
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