It's about the "leader" of the company!Do not implement these responsibilities or criminal responsibilities!

Safety production is a big deal, and it cannot be relaxed. Reality shows that some major safety accidents that show the characteristics of sudden and unexpectedness seem to be invincible and unavoidable. In fact, it is also related to the responsibility of the main person in charge of the enterprise and the idea of ​​paralysis of thought.

1

Henan Shangqiu Zhenxing Martial Arts Museum major fire accident

On June 25, 2021, a fire accident occurred in Zhenxingwu Pavilion, Tancheng County, Shangqiu City, Henan Province, causing 18 people to die, 11 injuries, and a direct economic loss of 21.537 million yuan. The reason for the occurrence is that the mosquito coils such as mosquito coils and clothing in the room on the north side of the housing attic of Zhenxing Wuduan on the north side of the house.

Main lessons:

First, the responsibility of the main body of fire safety is not implemented. The Zhenxing Martial Arts Museum does not have a fire safety management system. The operator and manager's fire safety awareness is weak. The fire hazards that the relevant departments and units inspect have not been rectified, and the fire extinguishing and emergency evacuation drills are organized.

The second is that color steel plates exacerbate fire hazards. The first floor -to -fire room was partitioned by polystyrene sandwiches. After the fire, it quickly broke through the spread. A large amount of high temperature and toxic flue gas poured into the second -layer dormitory area, causing the fire to spread rapidly and the death of personnel.

The third is to operate two -in -one in illegal accommodation. In the case of no fire safety conditions, Zhenxing Wushu set up a student dormitory on the second floor of the facade of the street, and concentrated the students in violation of regulations. Because there is no physical separation, and there is only one open inner staircase, the flue gas quickly upward through the stairs upward upward upward upward upward upward upward upwards spread.

The fourth is to set up anti -theft windows in violation of regulations. Anti -theft window is set up on the east side of the fire building on the second floor of the fire. After the stairs are blocked by flue gas and flames, the personnel in the room cannot escape through the window. Fifth, the responsibility for fire safety of local governments is not implemented. Inadequate supervision of off -campus training institutions, found that no measures to run schools were banned in accordance with the law, and illegal school training activities existed for a long time; they did not carefully perform the responsibilities of fire supervision and inspection, and did not discover and correct serious security risks such as colored steel plates, installation of anti -theft nets, etc. Forgery inspection records; no grass -roots fire safety organizations have not been established, grid management flow in form, and guidance to the launch of mass fire protection work.

2

Major collapse of open source hotels in Suzhou, Jiangsu

On July 12, 2021, a collapse accident occurred in the four -season open source hotel in Wujiang District, Suzhou City, Jiangsu Province, causing 17 people to die and 5 injuries, and the direct economic loss was about 26.15 million yuan.

The reason for the occurrence is that without any reinforcement and safety measures, the construction personnel blindly removed all the load -bearing walls and most of the inner longitudinal walls of the six open rooms at the bottom of the bottom, resulting in the interruption of the upper structure transmission path. To withstand the loads from the upper part of the second and third floors and the two floors, the auxiliary house collapsed continuously from bottom to top.

Main lessons:

First, the house property owner did not fulfill the obligations of the person in charge of the house use, and packed the design and construction business of the decoration project on the first floor of the accident building to a construction company with no corresponding qualifications; the construction drawing design documents were not reviewed; Organize the construction without authorization to change the main body and load structure of the building building.

Second, the construction unit undertakes the construction decoration renovation project without obtaining the corresponding qualifications in accordance with the law, and subcontracts the demolition business to individuals who do not qualify; Procedures; no written security confirmation of construction operators and signed confirmation.

Third, the designer did not obtain the designer's qualifications. Without a real understanding of the structure of the auxiliary room, he provided the wrongdoing drawing drawings and mistakenly guided the demolition of the load -bearing wall.

Fourth, the regulatory authorities have loopholes in the supervision and management of existing construction reconstruction and decoration projects that have not been approved for construction, illegal contracting and other behaviors.

How to better suppress the responsibility for the safety of real enterprises

Reduce corporate violations of laws and regulations to a greater extent

Avoid safety accidents?

Bleak

Grasp the "key minority" -The main person in charge of the company

From September 1, 2021, the "Safety Production Law of the People's Republic of China" was officially implemented after the third amendment. For the first time, the "Safety Production Law of the People's Republic of China" was first stipulated from the legal level that "the main person in charge of the production and operation unit is the first responsible person in the safety production of the unit, and it is fully responsible for the safety production work of the unit." Extreme importance to safety production.

By seizing the "key minority", promoting the legal representative, actual controller, and actual person in charge of the enterprise consciously put safety first, effectively responsible for the legal duties of the first responsible person, make every effort to prevent safety risks, resolutely curb the major accident accident accidents occur.

Who is the person in charge?

Article 5 of the newly revised "Safety Production Law of the People's Republic of China" clearly stipulates that the main person in charge of the production and operation unit is the first responsible person in the safety production of the unit, and is fully responsible for the safety production work of the unit. Other persons in charge are responsible for safety production within the scope of their responsibilities.

What responsibilities should the main person in charge of the production and operation unit be fulfilled?

(1) Establish and improve and implement the safety production responsibility system for all units, and strengthen the standardization of safety production;

(2) Organize and implement the unit's safety production rules and regulations and operating procedures;

(3) Organize and implement the unit's safety production education and training plan;

(4) Ensure the effective implementation of the safety production investment in the unit;

(5) Organize and implement the dual prevention working mechanism of safety risk hierarchical control and hidden dangers, supervise and inspect the safety production work of the unit, and eliminate hidden dangers of production safety accidents in a timely manner; (6) Organize and implement production safety accidents in the unit Emergency rescue plan;

(7) Reporting production safety accidents in a timely and truthful report.

If these 7 duties are not implemented

What punishment will the first responsible person face?

"Safety Production Law"

Article 93 The decision -making institutions of the production and operation units, the principals or the individual's investors do not ensure the capital investment necessary for safety production in accordance with the provisions of this Law, which causes the production and operation units to not have the conditions for production safety, shall be ordered to make corrections within a time limit. If the necessary funds are provided; if the overdue is not corrected, the production and operation units are ordered to suspend production and rectification.

If there is an illegal act in the previous paragraph that leads to a production safety accident, the main person in charge of the production and operation unit shall be dismissed and shall be fined by 20,000 yuan or less for investors who operates individuals. Relevant regulations are investigated for criminal responsibility.

Article 94 If the main person in charge of the production and operation units fails to fulfill the responsibilities of safety production management stipulated in this Law, it shall be ordered to make corrections within a time limit and shall be fined at 20,000 yuan or less. The fine of less than 100,000 yuan ordered the production and operation units to suspend production and business.

The main person in charge of the production and operation unit has the previous illegal act and a production safety accident. If it constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.

If the main person in charge of the production and operation unit is punished or dismissed in accordance with the provisions of the previous paragraph, it is not allowed to serve as the main person in charge of any production and operation unit within five years from the date of execution or punishment; If the accident is responsible, it is not allowed to be the main person in charge of the production and operation unit of the industry for life.

Article 95 If the main person in charge of the production and operation units fails to fulfill the responsibilities of safety production management stipulated in this Law, the emergency management department shall be fined in accordance with the following regulations:

(1) If a general accident occurs, a fine of 40 percent of the annual income a year;

(2) If a large accident occurs, a fine of 60 % of the annual income a year;

(3) If a major accident occurs, a fine of 80 % of the annual income a year;

(4) If a particularly major accident occurs, the annual income is 100 % fine for a year of annual income.

Article 15 measures for production safety are clear

Main person in charge

The responsibility of the first responsible person must be strictly fulfilled

The legal representative of the enterprise, the actual controller, and the actual person in charge shall strictly fulfill the responsibility of the first responsible person in production safety, and be responsible for the safety production of the unit. For intentional increase in management levels, shirk responsibility and set up a "firewall" at a level, a major accident occurs directly to the responsibility of the main person in charge and the person in charge of the group company. It is necessary to strictly implement the regulations of the major dangerous source of safety contracting responsibility system and the mining leader's class, and to avoid the responsibility of having fakes and avoiding safety responsibilities of "names and mining chiefs". Those who have a major responsibility for the occurrence of major accidents, while investigating criminal responsibility, clarify that they must not be the main person in charge of the industry for life.

The Xin'an France has been implemented that the "main person in charge of the production and operation unit is the first responsible person in the safety production of the unit, and it is responsible for the safety production work of the unit". This clause is stress and motivation for the "first leader" of the enterprise. Punishment is not the purpose. It is hoped that the person in charge of the enterprise will raise awareness of production safety, strictly fulfill their responsibilities of production safety, and jointly protect the safe environment.

Source: Emergency Law, etc.

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