General Office Of The State Council: Notice On Strengthening Law Enforcement On Safety Production Supervision

Circular of the general office of the State Council on strengthening the supervision of law enforcement in the supervision of safety production

No. 2015 of the State Office [20]

The people's governments of all provinces, autonomous regions and municipalities directly under the central government, ministries and commissions under the State Council, and institutions directly under the State Council:

In order to implement the spirit of the eighteen, eighteen second, third and fourth plenary session of the party and the relevant decisions and arrangements of the Party Central Committee and the State Council, we should focus on strengthening the rule of law in safety production in accordance with the requirements of comprehensively promoting the rule of law, strictly enforce the law of safety production and other laws and regulations, and earnestly safeguard the safety and health rights and interests of the people's lives and property.

First, improve and perfect safety production laws and regulations and standard system.

(1) speed up the revision and revision of relevant laws and regulations.

We should promptly formulate relevant laws and regulations for the implementation of the safety production law, and actively promote the revision of relevant laws, such as mine safety law, fire law, road traffic safety law, maritime traffic safety law and railway law, and accelerate the research, argumentation and revision of relevant laws and regulations, such as coal mine safety supervision, oil and gas pipeline protection, civil aviation safety and security, major equipment supervision, labor protection of high toxic substances and high-risk dust operations, and emergency management of safety production.

The provincial people's governments should promote the revision of local regulations and regulations in safety production, and improve the system of ensuring the rule of law in production safety.

(two) formulating and perfecting safety production standards.

The Department of safety production supervision and administration under the State Council shall strengthen coordination and coordination, formulate relevant development plans and annual plans for production safety standards, accelerate the revision and revision of the mandatory national standards for production safety, and gradually reduce the recommended standards.

Other departments responsible for safety production supervision and management should establish and improve the safety management standards of the industry, and fully consider the requirements of safety production when revising other industries and technical standards.

According to the economic and social development and the actual needs of production safety, we should scientifically establish and optimize the working procedures, shorten the deadline for issuing relevant standards as far as possible, and urgently need to standardize the safety production work in accordance with the principle of special tasks.

(three) timely improve the relevant rules and regulations.

We should strengthen investigation and study, accurately grasp and judge the situation, characteristics and laws of safety production, seriously investigate and analyze every production safety accident, thoroughly analyze the technical causes and management reasons of accidents, and improve and perfect relevant rules and regulations in a targeted way.

The accident investigation shows that there are loopholes and defects in the relevant laws and regulations. It is necessary to start the revision work immediately after the accident is closed.

In accordance with the requirements for deepening the reform of the administrative examination and approval system, we must promptly clean up the relevant local and departmental regulations and normative documents. We should not only simplify administration and decentralization, but also ensure that the threshold for safety admittance is not lowered and the safety supervision is not relaxed.

(four) establish and improve the responsibility system for safety supervision.

We should accelerate the establishment of a work safety mechanism in charge of production and operation units, staff participation, government supervision, industry self-discipline and social supervision.

We should comprehensively establish a safety production responsibility system of "party and government responsibility, one responsibility and two responsibilities", and implement the responsibility of territorial supervision.

The departments responsible for the supervision and management of production safety should strengthen supervision and management of the relevant industry fields, form a joint effort of comprehensive supervision and industry supervision, improve the effectiveness of supervision, ensure that the industry must manage safety, manage business and manage safety, and manage production and operation must be managed safely.

We should strengthen the goal responsibility assessment of safety production, and the safety production supervision and management departments at all levels should regularly submit safety production to the organizations at the same level and incorporate them into the contents of performance appraisal for leading cadres, and strictly implement the "one vote veto" system for safe production.

(five) supervise and urge the implementation of the main responsibility of enterprise safety production.

We urge enterprises to strictly fulfill their statutory responsibilities and obligations, establish and improve safety production management institutions, and integrate safety production management personnel and registered safety engineers according to the regulations, and ensure that safety production responsibilities are put in place, put into place, training is in place, basic management is in place and emergency rescue is in place.

Large and medium-sized state-owned enterprises and enterprises above Designated Size shall establish safety production committees. Directors shall be held by the chairman or general manager, and the chairman, party secretary and general manager shall have the leadership responsibility for production safety work.

All enterprises should establish a system for production safety risk warning and prevention and emergency announcement, improve the risk investigation, evaluation, early warning and prevention and control mechanism, strengthen risk pre control management, and report to the local people's safety production supervision and management departments and relevant departments for archival filing according to the regulations.

(six) further investigation and handling of accidents.

After the occurrence of all kinds of production safety accidents, the people's governments at all levels must carry out accident investigation according to the accident rank and jurisdiction, and notify the people's Procuratorate at the same level to intervene in the investigation.

We will improve the supervision and handling system for the investigation and handling of accidents. According to the regulations, the major, larger and general accidents handled by the people's governments at the provincial level, municipal level and county level shall be supervised, examined and checked by the safety production Committee of the people's government at the next higher level.

After serious approval of the State Council, the accident investigation team of the State Council or the relevant departments under the State Council shall be established to organize an accident investigation team for investigation.

A typical larger accident can be directly supervised by the State Council's Safety Production Committee.

The establishment of accident investigation and processing information bulletin and rectification measures implementation assessment system, all accidents must be closed within the prescribed time limit and timely released the accident investigation report to the whole society. At the same time, the local people's government responsible for investigating and handling the accident will organize the evaluation in 1 years after the accident is closed, and the assessment will be submitted to the office of the safety production Committee of the people's government at the higher level for the record.

Three. Innovate the law enforcement mechanism of safety production supervision.

(seven) strengthening key supervision and law enforcement.

The local people's governments at various levels and the departments responsible for the supervision and administration of production safety shall, according to the actual production situation in the respective areas and industrial areas, separately select cities, counties, towns and townships (streets), administrative villages (communities) and production and operation units that determine key supervision, and follow up supervision and direct guidance.

The Department of safety production supervision and administration under the State Council shall organize various regions to investigate and sort out the distribution of high-risk enterprises and the occurrence of accidents in the past 5 years, and identify key regulatory objects, and incorporate them into the state's key regulatory areas and implement dynamic management.

We should further strengthen the joint supervision and law enforcement of departments, closely cooperate with each other, coordinate the linkage, strictly investigate and deal with outstanding problems according to law, and urge the rectification through unofficial visits, interviews, expert consultation and warning education.

(eight) strengthen supervision and governance at the source.

Local people's governments at all levels should integrate safety production and occupational disease prevention and control into economic and social development plans so as to achieve simultaneous and coordinated development.

The relevant departments should further strengthen the safety checks on the planning and design links of construction projects, so as to prevent hidden dangers from the source.

Establish post safety knowledge, occupational hazards prevention knowledge and practical skills assessment system, comprehensively implement the separation of teaching and testing, and investigate the implementation of enterprise safety production training system in accordance with the law.

In depth, the standardization of enterprise safety production should be carried out, and enterprises that do not meet the requirements of safe production should be ordered to suspend production and rectification according to law until close and quit.

We urge enterprises to strengthen the source of occupational hazards and prevent occupational diseases.

Local production safety supervision departments at all levels should establish hidden trouble investigation and management information systems linked to enterprises, carry out self examination, self reporting and self change, and link up with government supervision and inspection, and establish and improve the supporting supervision system under the line, so as to realize classified classification, interconnection and closed-loop management.

(nine) improve the way of supervision and inspection.

All regions and relevant departments should establish and improve "four no two direct" (no notification, no greeting, no report, no escort and reception, go straight to the grass-roots level, directly into the scene), secretly inspect the safety inspection system, formulate the classification and grading supervision standard of accidents, increase the frequency of law enforcement inspections, and strengthen prevention and control measures for major accidents.

We should implement a dynamic monitoring mechanism for grid production safety and strive to cover all production and operation units and villages and communities in 3 years or so.

Local people's governments at all levels should create a good environment for law enforcement in production safety supervision, and do not set obstacles to law enforcement for safety production supervision on the basis of attracting foreign investment and developing economy. By the end of 2015, relevant regulations on affecting and obstructing safety production supervision and law enforcement should be thoroughly cleared up and reported to the people's governments at higher levels.

(ten) establish and improve the integrity restraint mechanism for safety production.

Local people's governments at all levels should regard the construction of enterprise's safety in production as an important part of the construction of the social credit system, establish and improve the credit record of safety production in enterprises, and incorporate them into a unified credit information sharing and exchanging platform at the national and local levels.

We should implement the "blacklist" system for safe production and publicize it through the enterprise credit information publicity system, and restrict or prohibit the enterprises listed in the "blacklist" in terms of operation, investment and financing, government procurement, project bidding, state owned land pfer, granting honor, import and export, entry and exit, and quality auditing.

All regions should establish an illegal information database of illegal production safety by the end of 2016, and realize the nationwide networking by the end of 2018, and make public inquiries to the public.

Relevant departments should strengthen linkage and punish and punish the dishonest enterprises according to law.

(eleven) speed up the information construction of supervision and law enforcement.

We should integrate the establishment of a comprehensive information platform for production safety, and promote the informatization of safety production supervision and law enforcement. We should realize the information sharing and information sharing with the investigation and treatment of hidden dangers, major hazard installations, safety and integrity, standardization of production safety, safety education and training, safety professionals, administrative licensing, monitoring and testing, emergency rescue, accident accountability, and so on.

We should vigorously enhance the capacity of "big data" utilization in safety production, strengthen the periodicity and correlation analysis of safety production, and make the retrieval query convenient and convenient, and analyze and summarize the system science, so as to realize the source, whereabouts can be traced, responsibilities can be investigated, and rules can be followed.

(twelve) use market mechanism to strengthen safety supervision.

While promoting various types of employers' work injury insurance according to law, we encourage enterprises to insure safety production liability insurance, and rationalize the relationship between safety production liability insurance and risk mortgage, so as to promote the establishment of a mechanism for social commercial insurance institutions to participate in safety supervision.

We should continue to implement the carrier liability insurance system in long distance passenger pport and dangerous goods road pportation, and further promote the implementation of safety production liability insurance system in high-risk industries and key areas such as coal mines, non coal mines, dangerous chemicals, fireworks and firecrackers, building construction, civil explosives, special equipment, metal smelting and processing, and water pportation, so as to promote the production, storage, pportation and sale of public gathering places and flammable and explosive dangerous goods, and enterprises to insure public liability insurance for fire.

We will establish and improve the four level expert teams and service mechanisms for national, provincial, municipal and county level safety production.

Nurturing scientific research institutes, trade associations, professional service organizations and registered safety engineers offices to participate in safety production, and actively provide safety management and technical services.

(thirteen) strengthen coordination with the judiciary.

Stipulating the pfer of suspected criminal cases such as illegal production of production safety, clearly pferring standards and procedures, setting up a safety notification mechanism for production safety supervision and law enforcement agencies and public security organs and procuratorial organs, strengthening law enforcement cooperation among relevant departments, and severely cracking down on all kinds of illegal and criminal acts.

The safety production supervision and management departments should enforce the law according to law or apply to the people's court for compulsory execution, safeguard the authority and binding force of the law, and ensure citizens' life safety and occupational health.