Safety Production Law Strengthens Safety First Development Concept

Life is most precious and safety is greater than heaven. In order to effectively protect the lives of the people, China's safety production law, the basic law in the field of safe production, will be revised for the first time. On February 25, the draft amendment to the Safety Production Act drew the attention of the Seventh Session of the Standing Committee of the National People's Congress for the first time.

This means that the implementation of nearly 12 years, widely publicized safety production law, its modification work has officially entered the NPC Standing Committee's amendment process. This is also the first draft law reviewed by the Standing Committee of the National People's Congress in 2014.

Entrusted by the State Council, Yang Dongliang, director of the State Administration of Work Safety, made a statement on the draft amendment to the Safe Production Act at the meeting. Yang Dongliang pointed out that the revision of the law highlights the prevention and prevention of hidden accidents, and focuses on the revision and improvement of the safety production law from the three aspects of strengthening corporate responsibility, government supervision, and accountability and punishment. In addition, the draft also made adjustments to relevant administrative approval items.

Many provisions of the law on production safety are no longer adapted to the actual situation. The deputies to the National People's Congress have repeatedly proposed motions or proposals to require amendments to the Safe Production Act, which systematically addresses the lack of legal safeguards for safe production inputs, low level of safety production technologies, and lack of responsibility. Problems such as lack of implementation, supervision, and inadequate measures.

The deliberations of the members of the Standing Committee of the National People's Congress expressed their expectations for this amendment. "The idea of ​​amendment to law must be in line with the spirit of comprehensively deepening the reform of the safety production management system proposed by the Third Plenary Session of the 18th CPC Central Committee, and at the same time it must conform to the inherent objective laws of safe production."

"Safety production is consciously made by companies, not the government."

“We must strive to further improve the basic legal system of production safety through this amendment to make the system operational and normative. We can focus on the root causes and prevent problems before they occur. We need to improve the rule of law to curb the occurrence of major safety accidents. It was only 'a heavy code to deal with chaos'." Liu Binjie, Liang Shengli, Zhang Xingkai, Ren Maodong and other members emphasized during the deliberation.

It is necessary to amend the safety production law

“The background to the revision of the safety production law is very different from when it was formulated more than a decade ago. Ten years ago, at that time, we had to pursue development and GDP was very important. So the law made many provisions on safety, but it did not mention It has been known at a very high altitude, and ten years later, there are many challenges now, the scale of production is getting bigger and bigger, and the problems of security are more and more, and it stands to reason that there is better support for safe production, but The security issue is still occurring.” On February 27th, at the 7th session of the Standing Committee of the 12th National People’s Congress, the group reviewed the draft amendment to the Work Safety Law, Huang Boyun pointed out.

As Huang Boyun said, as the basic law in the area of ​​production safety, the current safety production law has been in force for nearly 12 years since its enactment in 2002. During the 12 years, the economic and social situation and the environment have undergone major changes, and it has become necessary to revise the safety production law.

In 2005, the Standing Committee of the National People's Congress specially organized a law enforcement inspection on the production safety law. At that time, five vice chairmen led teams to conduct inspections in 10 provinces and autonomous regions. This inspection has played a crucial role in further advancing the implementation of the Safe Production Act, improving relevant legal systems, and advancing governance according to law. And law enforcement inspections have also proposed changes to the Safe Production Act.

The legislative plan for the 12th National People's Congress Standing Committee revised the Safety Production Law into the first category of projects and clearly scrutinized it by the NPC Financial and Economic Committee. The draft amendments to the Safe Production Law submitted for review will be drafted by the Legal Affairs Office of the State Council and the State Administration of Work Safety. On January 15 this year, the draft amendment was discussed at the 36th executive meeting of the State Council. In December last year, the National People's Congress Finance Committee convened a legislative work liaison meeting to hear the State Administration of Work Safety report on the revision of the Safety Production Act. In mid-January, the NPC Financial and Economic Committee sent a research team to Shanxi and Shaanxi provinces to listen to local people's congresses, governments and relevant departments, enterprises, employees, professional technical service organizations, and experts and scholars to revise their opinions on the revision of the Safety Production Act. On January 26, the National People's Congress Financial and Economic Committee convened a plenary session to review the draft amendment to the Standing Committee on Safe Production Law.

The 12 years of safety production law

In the past 12 years, the Safe Production Act has played an important role in preventing and reducing accidents and safeguarding people's lives and property. On January 17, 2013, he served as Vice Premier of the State Council and State Council’s Production Safety Committee.

Director Zhang Dejiang pointed out during the national video conference on production safety that the nation’s safety production situation was characterized by “three major declines and one obvious improvement”: the total number of accidents dropped drastically, major accidents fell sharply, and major relative indicators fell sharply. The overall level of safety production has increased significantly. "We must persist in governance according to law, lay a solid foundation for safety, reduce the total number of accidents, and persist in curbing heavy accidents so as to create a sound safe production environment for building a well-off society in an all-round way."

Huang Yi, a spokesperson for the State Administration of Work Safety, confirmed this with a series of numbers. “In the past 2013, the national security production situation has continued to maintain a stable improvement, and it has achieved the goal of total accidents, major accidents, and major relative indicators of 'three continue to fall'.” Huang Yi told reporters last year, the national accident The total amount decreased by more than 27,700, a year-on-year decrease of 8.2%. The number of accident deaths decreased by 2549, a decrease of 3.5% over the same period of last year.

On February 25, when Yang Dongliang, director of the State Administration of Work Safety, explained to the NPC Standing Committee that the current production safety accident was still at the peak of prone to frequent occurrence, especially serious accidents have not yet been effectively contained, safe production. All aspects need to be further strengthened.

“The situation is still severe.” When talking about the current security production situation, Huang Yi also emphasized to reporters that “heavy and serious accidents have not yet been fundamentally curbed”. Huang Yi introduced that 49 accidents occurred in 2013 in the country, including 4 major accidents, and an average of more than one major accident occurred in a week. Some of the deep-seated problems that restrict safety production have not yet been fundamentally resolved. Some key industry sectors are producing safely. The total number of accidents is still relatively large. Effectively curbing heavy accidents "is still the focus or task of our work."

Huang Yi talked about the “6.3” catastrophic fire in Dehui, Jilin, which killed 121 people. After that, a major spill accident occurred on the “11.22” pipeline of the Sinopec Huangpi oil pipeline in Qingdao, Shandong Province, causing heavy casualties and property losses. “These have revealed that some localities and enterprises are still not secure in the development of their security. The idea of ​​safety first has not yet been established. There are many loopholes in security management, there are still many security risks, and many major hidden dangers have not yet been fundamental. Eliminate some loopholes and problems in emergency disposal."

Curbing incidents frequently into new missions

Frequent accidents in production safety and frequency alarms. With painstaking thinking, how can we avoid the recurrence of tragedies? What kind of mission and responsibilities will the amendments take?

"Intensify the reform of the safety production management system, establish a system for the investigation and control of hidden dangers and a safety prevention and control system to curb heavy accidents." This is the third decision of the party's 18th Central Committee on the safety production work.

Really demand. The new party Central Committee with Comrade Xi Jinping as general secretary attaches great importance to work safety.

In May and June 2013, after major accidents involving production safety occurred in Jilin, Guizhou, and grain storage companies, General Secretary Xi Jinping hosted two meetings of the Standing Committee of the Central Political Bureau and delivered an important speech. After the "11.22" Sinopec Donghuang Oil Pipeline leaked and exploded, a major accident occurred. General Secretary Xi Jinping made a special trip to Qingdao and delivered an important speech, putting forward new requirements for work safety.

Xi Jinping pointed out: "We must always put the safety of people's lives first," and "development must not be at the expense of human lives. This must be an insurmountable red line." This explains profoundly the extreme importance of work safety. Xi Jinping emphasized that the work safety production must adhere to the establishment of a “responsibility for the party and the government, a responsibility for posts, and a common responsibility”. The party committees and governments at all levels must strengthen their sense of responsibility, implement the responsibility system for safe production, and implement the direct responsibility of the industry authorities. Supervision, comprehensive supervision of the safety supervision department, local government supervision. Adhere to the management of the industry must manage safety, management must manage safety, control of production and management must be safe. Xi Jinping pointed out that it is necessary to increase the weight of safety production indicators, and implement "one-vote veto" for safety production and major safety production accident risks.

Huang Yi pointed out: "This requires not only further improvements in our work this year, but also the consolidation of the development of safe production. We also urgently need to improve the system by promoting amendments to laws and strengthen the safety of production in accordance with the law."

“The lesson of blood can no longer be confirmed by the price of blood.” Yan Yanyun, deputy director of the Department of Policy and Regulation of the State Administration of Work Safety, stressed that serious handling of responsible persons for safety production accidents has played a considerable warning and deterrent effect. However, strengthening accountability and accountability for serious accidents are not the priority of safety production management.

Yan Yanyun told reporters that this revision hopes to improve some of the institutional arrangements for strengthening pre-prevention, and to prevent the occurrence of extraordinarily serious safety incidents by improving the rule of law. In case of any hidden dangers such as the dangerous state of the object, unsafe behavior of the person, and defects in management, timely reconnaissance and rectification can avoid repeated occurrences of tragedies.

Yan Yanyun said that in advance prevention, it is necessary to correct the relationship between safety and development, and to ensure good access to safety, it must not “strategically” attract and “lead” accidents by attracting investment; it must implement corporate responsibilities and investigate and control hidden dangers.

Establish a responsibility system for production safety, ensure safety investment is in place, safety training is in place, basic management is in place, and emergency rescue is in place; government supervision needs to be strengthened, the customs pass forward, and the company’s production safety status is clearly and unannounced, and the situation remains high. "These are already in the preliminary draft of the draft and will be fully reflected in subsequent amendments to the law."

Rehabilitation actively responds to people’s security appeals

Human life is the most appropriate for describing safe production. The explosion of oil pipelines, the explosion of coal mines, and the explosions of fireworks and firecrackers all caused serious and serious accidents that seriously endangered people’s lives and property.

Safe production and legal governance are the foundations, and we must build a foundation for safe production of the rule of law. “Let safety and production operations go hand in hand to make the legal system more operational.” — The members of the Standing Committee of the National People's Congress have all expressed this consensus at the time of deliberation.

During their deliberations, several members emphasized that the issue of safe production is related to people's livelihood. In recent years, China’s safety production situation has continued to improve steadily, but at the same time, the total number of accidents is still large, and serious accidents have not been effectively contained. The Great Fire and Explosion Incident of Dehui, Jilin Province, and the explosion accident of Sinopec’s oil pipeline in Qingdao, Shandong Province, were of great concern to the nation. Under this background, the draft amendment to the Work Safety Law entered the NPC procedure is a positive response to the safety demands of the people. At the same time, the practice of this revision of the law highlights the management of hidden risks, prevention of accidents, and it also meets the core meaning of “safeguarding life” in production safety.

Whether this revision can "reduce the code to deal with chaos" and contain major extraordinarily serious safety incidents, how to repair the law to build up the foundation of safe production of the rule of law has become the focus of the NPC Standing Committee members.

During their deliberation, members also put forward suggestions for further improving the law. A number of members pointed out that safety in production leads to human life. Severe accountability can no longer restore the lives lost. To curb accidents, we cannot rely solely on "seriously" afterwards. Using lessons learned from accidents to promote safe production should be an important idea for the revision of the Safe Production Act. Summarizing the problems exposed by accidents, raising them to law, making lessons learned become the future production and management of enterprises

Safety rules and guidelines for government regulation.

Consolidate consensus of all parties to improve the quality of practice

Raising the quality of legislation is the most important task in strengthening and improving the legislative work. The fundamental approach is to promote scientific legislation and democratic legislation. This is a clear demand from Chairman Zhang Dejiang for legislative work. On March 9th, Chairman Zhang Dejiang once again emphasized to the second session of the 12th National People's Congress as the work report of the Standing Committee of the National People's Congress: “The quality of legislation is directly related to the quality of the rule of law. The more emphasis is placed on governing the country according to law, the more we must pay attention to it. Improve the quality of legislation."

During the deliberations of the members of the Standing Committee of the National People's Congress, while fully affirming the draft amendment to the Safe Production Act, it also put forward proposals for further improvement of the safety production law amendment, stating that the design of legislation and specific provisions should be more responsive to the requirements of the times and respond to Livelihood expectation. Therefore, the law can be made more maneuverable through amendments to the law, and it is even more focused on treating the source from the source.

“The position, role, and scope of the safety production law should be clear, clear, simple and clear, and the principles of work should be clearly defined to facilitate implementation.” Feng Changgen, Zhang Xingkai, Zhang Mingqi, Wang Mingwen and many other members pointed out that the principle of safety development should be added to the legislative purpose. The content of the implementation of the "Safety Development Strategy." "Because this is both a summary of our experience in safe production practice over the years and a lesson learned from many lessons."

Regarding the implementation of the corporate entity's responsibilities, Wu Heng believes that for the company’s internal organization and staffing, the first leader and the legal representative have the right to make decisions. It is suggested that the law should further clarify that the person responsible for the safety accident is the unit legal person or the main person in charge of the organization. Only in this way can they be made aware that to run a business must put safety production first. With this awareness, the corresponding agencies and personnel will be equipped, as well as the enforcement of laws, standards, and regulations.

For strengthening government supervision, Liu Binjie, Zhang Xingkai and other members pointed out that the amendment method should straighten out the safety production management system. Committee member Mao Wenxiu suggested adding content to the General Regulations to reflect “strengthening the awareness of safety production and building

We should improve the responsibility system for safe production with the responsibility of the party and the government, the responsibility for one post, and the responsibility for joint production, and implement the spirit of 'one-vote veto' for the risk of safety and major safety accidents.

In terms of government supervision, the participants also paid attention to the regulations concerning the safety supervision duties of the township government. Commissioner Miaitiming Yasheng said that rural production safety supervision is relatively weak and should be further strengthened. At the same time, the supervisory duties of township governments should also be strengthened.

Reinforcing accountability and increasing disciplinary efforts are also common concerns of the participants. Committee member Mo Wenxiu said that judging from the practice of the judiciary, one of the important reasons for the repeated prohibition of various types of liability accidents in recent years is that it has failed to crack down on law-breakers who endanger the order of production safety, and the problem of light penalization is more prominent. It is proposed that the draft amendments add “the establishment of a linking mechanism between administrative law enforcement and criminal investigation in safety production law enforcement”. Administrative responsibility, economic punishment, and criminal prosecution should be regarded as equal, and illegal criminals that jeopardize the safety production order should receive due punishment.

Commissioner Yin Zhongqing believed that civil liability should be increased. The responsibility for compensation for accidents involving production safety should be civil compensation. Victims can appeal to the people’s court for compensation. Even the costs of dispatching fire engines and ambulances after an accident should be caused by accidents. Corporate commitment, not the end of the government.

The new year bears new hope. The "first repair" of this safety production law also aroused widespread concern and heated discussions. The revision of the safety production law by the public is not only exciting, highly acknowledged, but also full of expectations. We are glad to see that the work safety law revisions that have entered the legislative process of the National People's Congress will continue to accelerate the pace of revision of the law and respond positively to the safety demands of the people, agglomerate consensus among all parties, and improve "implementation of corporate responsibilities, strengthen government supervision, increase disciplinary efforts, and adapt Changes in government functions such as the adjustment of administrative examination and approval have been made to change the focus, and the safety of the people has been guarded by the strictest rule of safety production.

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