The direct causes of safety accidents in production and operation activities are various, but the causes of these direct causes, that is, the indirect causes of accidents, are mostly due to violations of laws, regulations, standards and relevant technical regulations and specifications for production safety. Caused by human factors. If the production and operation activities of the workplace do not meet the requirements for ensuring safe production; facilities, equipment, tools, equipment do not meet safety standards, there are defects; failing to provide safety equipment according to regulations; no safety education and training for employees, workers lack of safe production Knowledge; labor organization is unreasonable; management personnel violate regulations; employees violate the rules and risky operations. In view of the losses caused by the production safety accidents to the lives and property of the people and the people, the liability for accidents caused by human factors must be investigated according to law, in order to show the warning and education. To this end, the Safety Production Law clearly stipulates that a system of accountability for production safety accidents is implemented.
Second, the significance of the state's responsibility system for production safety accidents
For the first time, the state announced the implementation of the responsibility system for production safety accidents in the form of the Basic Law. This means that any person responsible for production safety accidents must be subject to corresponding accountability. When implementing the accountability system, it is necessary to implement the “responsible personâ€. The spirit of "equal equality" resolutely overcomes the idea of ​​punishment for people. No matter who violates the safety production management system and causes production safety accidents, it must be resolutely pursued and will not be tolerated. This is of great significance to the punitive and educated person himself, to encourage relevant personnel to improve their sense of responsibility, to ensure that laws and regulations concerning safe production are observed, and to ensure safe production.
Third, the person responsible for production safety accidents shall be investigated for legal responsibility according to law. "Notice of the State Council on Further Strengthening Enterprise Safety Production Work" Guofa [2010] No. 23 document requires "increase the responsibility of the responsible person of the accident enterprise. Production safety liability accidents, investigate the responsibility of the main responsible person of the accident enterprise; if the law is violated, the legal responsibility of the main responsible person of the accident enterprise or the actual controller of the enterprise shall be investigated according to law. In addition to the accountability of the principal responsible person and the actual controller of the enterprise, It is also necessary to investigate the responsibility of the principal responsible person of the superior enterprise; if the law is violated, the legal responsibility of the principal responsible person of the enterprise, the actual controller of the enterprise and the person in charge of the superior enterprise shall be investigated according to law. The main responsibility for major and particularly major production safety liability accidents shall be Enterprises, their principals are not allowed to serve as mine managers (factory managers and managers) of enterprises in the industry for a lifetime. Those who cause casualties in illegal and illegal production, as well as reports of accidents, escapes after accidents, etc., are particularly harsh, and must be severely punished according to law. "For major, particularly significant production safety Enterprises responsible for liability accidents or those with more than two major production safety liability accidents within one year and those with major responsibilities, as well as those with major hidden dangers, shall be announced by the provincial and above safety supervision and supervision departments in conjunction with relevant industry authorities, and to inform the competent authorities of investment, land and resources, construction, banking, securities, within one year of strict restrictions on the new project approval, land approval, financing and other securities, and as an important reference for the bank loans. â€
In accordance with the provisions of the Safety Production Law and relevant laws and administrative regulations, those responsible for production safety accidents shall be investigated for administrative responsibility by the relevant competent authorities; if they constitute a crime, the judicial organs shall pursue their criminal responsibility according to law.
1. "Administrative Responsibility" refers to the legal consequences of violations of the relevant laws and regulations governing administrative management, but which have not yet constituted a crime. Administrative responsibilities are generally divided into two categories, namely, administrative sanctions and administrative penalties.
"Administrative punishment" is an illegal act committed by a state employee and a person appointed by a state organ to an enterprise or institution, and is sanctioned by the unit or its superior authority. In accordance with the Administrative Supervision Law and the relevant provisions of the State Council, the types of administrative sanctions include warnings, demerits, downgrades, demotions, dismissals, and expulsions.
"Administrative punishment" is an administrative sanction imposed on a unit or individual with administrative violations. According to the provisions of the Administrative Punishment Law, the types of administrative penalties include warnings, fines, confiscation of property, order to stop production or business suspension, and suspension of business licenses. In accordance with the provisions of Articles 73 and 74 of the Safe Production Law, in the investigation and handling of production safety accidents, it is necessary to find out the nature and responsibility of the accident in a realistic manner. For those who are determined to be responsible accidents, it is necessary to find out the responsibilities of those responsible for the accident unit, and also to find out whether the relevant departments that have supervisory and management responsibilities for safety production have the responsibility of illegally examining or disqualifying or failing to perform their duties of supervision and management. Article 18 of the Order of the State Administration of Work Safety, No. 34 of the State Administration of Work Safety; "If the mining enterprise fails to establish a sound leadership system to go down the well in accordance with the regulations or fails to formulate a monthly plan for the leadership to bring down the class, it shall be given a warning and a fine of 30,000 yuan; The main person in charge shall give a warning and impose a fine of 10,000 yuan; if the circumstances are serious, the safety production license shall be temporarily suspended according to law, and the production shall be ordered to suspend production for rectification." Those responsible for accidents that have not constituted a crime shall be "legal responsibility" in accordance with the safe production law. The relevant provisions in the chapter give administrative sanctions, including demotion, dismissal, and expulsion, or administrative penalties such as fines, according to different circumstances.
2. "Criminal liability" refers to the legal consequences of a serious illegal act that constitutes a crime in accordance with the provisions of the Criminal Law. The way to pursue criminal responsibility is to impose criminal sanctions in accordance with the provisions of the Criminal Law. Criminal responsibility is the most stringent legal responsibility. In the relevant provisions of the "Legal Liability" chapter of the Safe Production Law, and in the "Regulations of the State Council on the Investigation of Administrative Liability for Extraordinary Security Accidents", it is stipulated that criminal acts that cause serious accidents shall be investigated for criminal responsibility according to law. Criminal responsibility should be investigated in accordance with the relevant provisions of the Criminal Law.
Fourth, the premise and core of implementing the accountability system for mine responsibility
(1) The premise of implementing the responsibility system for enterprise safety production accidents is to implement responsibility
Establishing a safety responsibility system of “level management, responsibility according to level, consistency of authority and responsibility, and responsibility†is the top priority of safety management system construction. To implement the safety production responsibility system, we must do a good job in three implementations.
1. Implement leadership responsibility for production safety. Leadership is the key to safe work. In accordance with the principle of “management must be managed in the production of pipesâ€, the collective responsibility system for leadership is implemented, and the main leaders are the first responsible persons for safety production. The leaders in charge are directly responsible persons, and the leadership team is responsible. The main leaders should be "two-handed and hard-working" for development and security. In safety management, they should not only grasp principles and guide, but also pay attention to concrete and practical implementation. "State Council on Further Strengthening the safe production work," Guo Fa [2010] No. 23 document states that "to strengthen the leadership responsibility of the production process management, responsible for enterprise and the team members take turns leading the field with a class coal mines, non-coal mines It is necessary for the mine leaders to take the class and go down the well with the workers at the same time, and raise the well at the same time. If the person in charge of the enterprise is not brought to work with the class or the class is not taken, the relevant responsible person shall be treated according to the abolition of duties and the economic penalty of the prescribed upper limit shall be given. Leaders in charge should be devoted to their duties, and they must grasp the "main business" and the "business". The other members of the team must understand people, those who are attentive, and those who are careful, manage their respective "responsibility fields", regard safety work as "inside matters," and be independent of the safety work.
2. Implement responsibility for production safety at the grassroots level. The grassroots unit is the responsible body of enterprise safety production and must be fully responsible for safety production. "Regulations on the main responsibility of production safety of production and operation units in Guizhou Province" "The production and operation unit is the main body responsible for production safety, and bears the main responsibility for the safety production of the unit, and is responsible for the consequences of failure to perform the main responsibility of safety production." The department signs the safety responsibility letter, clarifies the objectives, tasks and responsibilities of safety production management, implements risk collateral, implements safety one-vote veto, and strictly stipulates that all units and departments that fail to meet safety production management will be disqualified from evaluation; Cadres who do not work diligently and do not work safely shall not be promoted for reuse.
3. Implement the responsibility for safety production of all employees. Employees are at the forefront of corporate safety production, and safety responsibilities must penetrate everyone. Mining enterprises should take safety responsibility as a hard task and a hard target, and decompose it into every level, every link, and every position. The safety production performance, safety production performance and the immediate interests of the employees are closely tied together, and regular assessment, comment and cashing. At the same time, the implementation of the safety responsibility system is prohibited and strict, and those who do not meet the safety management requirements and do not meet the requirements of safety production will never be soft-hearted.
(II) The key to implementing the responsibility investigation system for enterprise safety production accidents is to strengthen the assessment
Safety comes from the scientific management system, and scientific technical norms must be established to strengthen the assessment.
1. Improve the safety management system. To achieve safe and long-term management, it is fundamentally in the system, only in the rules and regulations, and in order to maintain long-term stability. Mining enterprises must constantly enrich and improve all kinds of effective safety management regulations and form five major mechanisms. That is to say, the safety responsibility mechanism based on the safety responsibility system and the responsibility investigation system, specializing in the safety supervision mechanism of line formation, group management, and special group combination, and the safety restraint incentive mechanism of education and reward and punishment simultaneously, prevention of the former, prevention Prior security warning mechanism, emergency response security rescue mechanism. A sound system is the basis for strengthening assessment, and strengthening assessment is the key to safety culture construction. Safety production rules and regulations mainly include:
(1) Safety production conference system;
(2) Safety production inputs and systems for the extraction and use of safe production costs;
(3) Safety production education and training system;
(4) Safety production inspection system;
(5) Safety production rewards and punishments and accountability systems;
(6) Post standardization operation system;
(7) The investigation and management system for hidden dangers of production safety accidents;
(8) The system of detection, monitoring and management of major hazard sources;
(9) The system of equipment and management of labor protection articles;
(10) Safety facilities, equipment management, maintenance and maintenance systems;
(11) Management system for special operating personnel;
(12) Production safety accident report, emergency rescue and investigation and handling system;
(13) Other rules and regulations that guarantee safe production.
(Xiv) metal and nonmetal underground mines go down with class leading enterprise system
2. Strictly reward and punish and strengthen the assessment. Strictly implement the safety target assessment, conduct a rigorous assessment of the completion of the annual production safety accident control indicators, and establish an incentive and restraint mechanism. Strict standards, scientific assessment, strict rewards and punishments, full grasp of the necessary conditions for assessment, and further improve the assessment content, the safety management system, safety management methods, safety and quality standards, safety and humanity management must be included in the assessment. Through the establishment of mechanisms, improvement of systems, and strengthening of assessments, we have ensured that the work of safety culture construction has achieved tangible results.
V. Seriously implement the responsibility investigation system for safety production accidents
In case of casualties in production and business units, an accident investigation team must be established in accordance with relevant laws and regulations, the cause of the accident must be carefully identified, the responsibility for the accident should be clearly identified, and the responsibility of the perpetrators and managers and leaders should be investigated seriously. The principal responsible persons of the production and business units, the responsible persons in charge, the relevant management personnel and the directly responsible persons who violate the relevant national safety production regulations shall be given administrative sanctions and economic penalties in accordance with relevant regulations, and the criminals shall be investigated for criminal responsibility by the judicial organs. For mining enterprises, the main person in charge is the first person responsible for safe production. It is responsible for the production and operation of the enterprise and for the safe production of the enterprise. Other responsible persons in charge of safety work in the enterprise have clear division of labor, and each bears the responsibility to jointly assume responsibility for safety management. Adhere to the principle of “catching things that are not implemented, and failing to implement themâ€, formulating a strict safety production responsibility system and accountability system, and extending the breakdown of safety production responsibility to each link, each position, and everyone. .
Responsibility investigation should do the following work
1. Implementation of safety management responsibilities. The administrative department of the enterprise is required to seriously check the problems existing in equipment, technology, quality, working environment, and staff's skill and quality, reflect on whether the work of the unit (department) is in place, whether the responsibility is implemented, formulate corrective measures, and implement it. The party and government departments of the enterprise are required to publicize, educate, organize, and mobilize employees, improve employee safety awareness, and mobilize the enthusiasm of employees to ensure that work is in place and responsibility is implemented.
2. Implementation of safety investment responsibilities. The aging of production equipment and the lack of safety facilities are a major hidden danger in accidents. Safety requires investment, and capital investment guarantee is an important guarantee for safe production. They require enterprises not only to increase security costs, work injury insurance, but also to ensure safety investment. In various forms, enterprises are aware of the importance of safety investment. Practice has proved that eliminating accidents and occupational hazards before the germination through prior safety investment is the most economical and feasible road to production and construction.
3. Responsibility for implementing safety technical measures. For any project, detailed and practical safety technical operating procedures must be developed prior to construction. In the construction process, the operating procedures are carefully implemented, and high-tech and new technologies are continuously introduced, and high-tech is used to ensure safety.
4. Implementing safety and quality standardization and carrying out enterprise safety and quality standardization activities is the fundamental way to implement the main body of corporate responsibility and establish a long-term mechanism for safe production. Continuously absorb the advanced practices at home and abroad, adopt the modern management method of “safety, health and environmental protectionâ€, promote the institutionalization and standardization of enterprise security, and urge enterprises to start from the basic links of organizational leadership, work planning, standardization and system construction. Upgrading the standard to ensure the continued stability of the safe production situation.
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