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Interpretation of the Opinions of the Central Committee of the CPC and the State Council on the Promoting the Reform and Development in the Field of Work Safety ——2016.12.9
Notes by EHS.CN
On December 18, 2016, the Opinions of the Central Committee of the CPC and the State Council on the Promoting the Reform and Development in the Field of Work Safety (hereinafter referred to as "the Opinions") was issued, which is the first programmatic document of work safety issued in the name of the Party Central Committee and the State Council since the founding of new China. The Opinions has put forward a series of reform measures and mission requirements, which has shown the direction and path for the reform and development in the field of work safety at the present time or a certain period in the future. The interpretations are as followed.
Firstly, improving and implementing the work safety responsibility system.
vi. Strictly implement enterprises' main responsibilities
Enterprises are fully responsible for the work safety and the occupational health of the business entity, strictly fulfilling the legal responsibility of work safety, establishing and improving the endogenous mechanism of self-restraint and continuous improvement. The enterprises shall implement the work safety responsibility system for the entire personnel. The legal representative and the actual controller shall be the first reliable person for the work safety, the main technical person in charge shall bear the responsibility of technical decision-making and the power of command of work safety, strengthening departments' work safety duties and implementing the system of "one position with two duties". Improve and implement the work safety responsibilities of the investment subjects in mixed ownership enterprises, as well as trans-regional enterprises, multi-level enterprises and overseas Chinese funded enterprises. Establish the whole process management systems of work safety and occupational health, realizing the goal of "five achievement" (the achievement of the work safety responsibilities, the achievement of management, the achievement of investment, the achievement of training and the achievement of emergency rescue). The state-owned enterprises should play a leading role in the demonstration of work safety, and consciously accept the territorial supervision.
Notes by EHS.CN
Article 18 and Article 22 of the Work Safety Law of the People's Republic of China has clearly specified the work safety duties of the primary person in charge of a business entity and the work safety management personnel, while the Opinions has clearly proposed that enterprises shall implement the work safety responsibility system for the entire personnel, and the legal representative and the actual controller shall be the first reliable person for the work safety. This is beneficial for the business entities to divide the work safety responsibilities and to implement them completely, better than just leaving the work safety department to fully bear the responsibilities, and it is a chance for the person in charge and the work safety management personnel.
viii. Strictly carry out the accountability rules
Implement the work safety responsibility system of the Party and government leaders during their term of office. The routine work shall be carried out according to responsibilities with due diligence, while the liability shall be held according to relevant responsibilities when accidents happen. The work safety power and responsibility list of relevant departments shall be made in accordance with laws and regulations. Exempt those that have diligently fulfilled their duties from liabilities, and subject those who have neglected their duties to liabilities. Establish the full process traceability system of operation and production. Seriously investigate the corruption behaviors such as the dereliction of duty, malfeasance and bartering power for money during the approval of projects, the administrative licensing, the supervision and the law enforcement in the field of work safety. Strictly carry out the direct report system of accidents, holding relevant entities and personnel liable for concealing the facts in report, giving false information, making omission in report or making a late report in accordance with laws and regulations. The rule of career prohibition shall be applied to the producers and traders subject to criminal liability in accordance with laws. The social services institutions and personnel bearing major responsibilities for the occurrence of accidents shall be held liable for legal responsibilities and the career prohibition shall be applied in accordance with laws.
Notes by EHS.CN
Regulatory authorities have a list of power and responsibilities. Exempt those that have diligently fulfilled their duties from liabilities, and subject those who have neglected their duties to liabilities. The list of power and responsibilities for the main person in charge of production and operation entities and the work safety management personnel is not far form being drawn up. It will be possible to exempt the EHS personnel that have diligently fulfilled their duties from liabilities.
Secondly. vigorously promote the administration according to law
xiii. Improving and perfecting the legal and regulatory system.
Establish the coordination mechanism of work safety laws' and regulations' legislation, revision, repealing and interpretation.Strengthen the consistency review of the relevant laws and regulations related to the work safety, and enhance the systematicness and the operability of work safety legal system. Formulate medium-and long-term legislation plan for work safety, and speed up the formulation and revision of the relevant laws and regulations on work safety laws. Strengthen the integration of laws and regulations about work safety and occupational health laws and regulations. Study and amend the relevant provisions of the criminal law, and include the illegal actions easily causing serious work safety accidents into the adjustment of criminal law. Establish and improve the safety regulations for enterprises with high risks. According to the legislative spirit of the legislative laws, a districted city shall strengthen the local legislation work for work safety, and solve the extrusive regional problems of work safety.
Notes by EHS.CN
The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in the Handling of Criminal Cases involving Crimes Endangering Production Safety has clearly specified the criterion for sentencing of crimes endangering production safety: causing the death of more than one person or any serious injury to more than three persons, or causing direct economic losses of more than 1 million yuan. However, it is still empty for the serious actions violating laws but not causing serious consequences to be held liable for criminal responsibilities, which leads to that some illegal acts cannot be ceased.
Use that "the drunk driving will constitute a crime" and that illegal acts of selling foods and drugs will constitute a crime for reference, the Opinions has proposed the suggestion of amending relevant clauses in the Criminal Law, putting the typical illegal acts with obvious subjective intention and easily causing extraordinary serious work safety accidents, into the adjustment scope of the Criminal Law, such as the act of unlicensed producing, operating and constructing, the act of refusing to make rectifications over great hidden risks, the act of forced risky operations against rules and the act of refusing to implement the law-enforcement orders of safety supervisions, directly being prosecuted for the criminal responsibilities, which will form a deterrent to relevant personnel.
xix. Improve accident investigation and handling mechanism
Insist on laying equal stress on accountability and rectification, fully playing the promoting role of accidents investigation in strengthening and improving the work of production safety. Better the leader responsibility system of investigating team of work safety accidents. Improve the level-upgrading system of accidents investigation, the trans-regional collaborative investigation system and the supervision system. Establish the technical support system of accident investigation and analysis. All accidents investigation report shall contain a particular charter of technical and management problems, analyzing the causes with details, and the full text shall be released, making appropriate interpretations and responding to public concern. Where loopholes or defects in relevant laws, regulations, standards and system are found during accident investigation, the amending work shall be started immediately. Establish the supervising system of correcting problems exposed in accidents. One year after the settlement of an accident, the local government in charge of accident investigation and relevant departments of the State Council shall carry out the evaluation, making it open to the public in a timely manner, and relevant entities and personnel, whose duties are not completely fulfilled or who do not fully carry out the rectification measures, shall be severely punished in accordance with law.
Notes by EHS.CN
In some regions, after the accident investigation concluded, the follow-up work and the implementation of corrective measures proposed are not carried out in a timely manner, which cause similar accident happen repeatedly in the same place, in the same filed or even in the same enterprise. Insisting on laying equal stress on accountability and rectification will force enterprises pay attention to the safety problems exposed in the accident and settle them completely, avoiding the same problem repeatedly happen in the same place, making sure that lessons are no longer learned from bleeding cases.
Thirdly, establishing the management system of safety prevention
xx. Strengthen the safety risk management and control.
Local governments shall establish the evaluation system and the reasoning system of safety risks, scientifically and rationally determining the location of enterprises, the construction of infrastructure and the spatial distribution of residential areas. The work safety shall be set as the prerequisite for the approval of projects with high risks and for the layout, design, construction, management and other relevant work of urban and rural planning, exercising one-ticket veto power on the extraordinary serious work safety risks. Strengthen the safety risk assessment and control over new materials, new processes, new industrial types. Tightly connect to the supply-side structural reform, promote the enterprises with high risks to transform and upgrade. Regions and industries with near locations, simial industries and similar industrial types shall establish and improve the joint prevention and control mechanism of major safety risks. Set up the information management system of major dangerous sources at national, provincial, municipal and county-levels, carry out the risk early warning and control over key industries, key regions and key enterprises, effectively preventing serious and extraordinary serious work safety accidents.
Notes by EHS.CN
Lessons can be learned from some serious and extraordinary serious accidents that if the supervision is not strict enough at the beginning of the project construction, hidden safety risks are bound to be stored for the following period. The Opinions has proposed to exercise one-ticket veto power on the extraordinary serious work safety risks, strict controlling the supervision of work safety. The planning without safety cannot be approved, the project without safety cannot be constructed and the enterprises without safety cannot start to produce. Enterprises without safety may be shut down.
xxi. Strengthen enterprise preventive measures
Enterprises shall carry out the risk assessment and hazard identification regularly. For processes, equipment, goods, places and positions with high risks, the hierarchical control and management system shall be established, and the safe operating procedures shall be made and implemented. Set up the concept that hidden risks mean accidents, establish and improve the screening, identification and control system of hidden risks, the "two report system" (report the situation of controlling major hidden risks to departments assuming the functions of work safety supervision and administration and to the employees' representatives conference), carrying out the closed-loop management of self-examination, self-rectification and self-report. Strictly implement the "three simultaneous" system of work safety and occupational health. Vigorously promote the standardization construction of enterprises' work safety to achieve the standardization of safety management, operational behavior, equipment, facilities and operating environment. Carry out regular emergency drills and personnel hedge self-help training, and enhance the ability to deal with emergency site.
Notes by EHS.CN
In the depth of many people's hearts, hidden risks do not matter. They think that if risks can hide, then it will not cause accidents. Even some people think that hidden risks are possibility that may happen by any chance, and it is not necessary to put effort to deal with the small probability event. The Opinions has proposed the concept that hidden risks mean accidents. To eliminate hidden risks is key to eliminate accidents, which means producing and operating enterprises shall put the EHS management focus forward from accidents to hidden risks and shall expand the management scope from accidents that rarely happen to potential hidden risks that are numerous.
xxii. Establish the controlling and supervising system of hidden risks
Develop the standards for classification, screening, identification and control of work safety accidents hazards. The departments assuming the functions of work safety supervision and administration shall establish the information platform connecting to enterprises' system of screening, identifying and controlling hidden risks, improving the online and offline monitoring system. Strengthen the supervision and law enforcement of screening, identification and control of hidden risks. For enterprises that do not completely rectify the accident hazards, the compulsory measures of ordering the business entity to suspend production or business operation or to cease construction, to be cut off the power supply, to be seized and impounded shall be taken, the maximum economic punishment shall be issued, and those committing a crime shall be transferred to the judicial organ for imposition of criminal liabilities according to laws and regulations. Strictly implement the system of supervising and handling major hidden risks under public supervision, include the ineffective rectification and supervision of handling into the range of investigation and accountability, carry out the interview and admonishment, make it open to the public, and hold relevant persons liable according to laws and regulations when circumstance is serious.
Notes by EHS.CN
In the Interim Provisions of the Screening, Identification and Control of Work Safety Accident Hazards, the accident hazards are classified into general accident hazards and major accident hazards. The Opinions has put forward to develop the standards for classification, screening, identification and control of work safety accidents hazards, which has important guiding meaning for enterprises' screening, identification and control of work safety accidents hazards, and we will keep closed attention to it.
xxiv. Establish and improve the system of preventing and controlling occupational diseases.
Include the prevention and control of occupational diseases into the examination system of people's livelihood projects and work safety for people's governments at all levels, making a medium- and long- term plan for the prevention and control of occupational diseases, implementing the promoting plan for occupational health. Accelerate the technological remoulding, the transformation and upgrading, the elimination through selection of enterprises with serious occupational hazards, strengthen the source management of occupational diseases over high-risk dust and high toxic substances. Improve the supervising and supporting system of occupational health, strengthen the construction of technical service institutions of occupation health, the diagnostic and authentication institutions of occupation diseases and the physical examination institutions of occupational health, enhance the occupational hazards' basic researches, prevention and control, diagnosis and authentication, the ability of comprehensive treatment. Improve relevant regulations, expand the treatment scope of patients with occupational diseases, include the disabled persons with occupational diseases into the scope the social security, supply the medical and living succor measures to patients with occupational disease who meets requirements. Strengthen the supervision and law enforcement over enterprisers' occupational health, urge them to carry out the measures of informing occupational hazards, routine monitoring, regular reporting, protection and security, occupational health examination and other measures, fulfill the main responsibility for the prevention and control of occupational diseases.
Notes by EHS.CN
Generally speaking, safety accidents happen quickly, so enterprises often pay more attention to them; while occupational disease have a certain characteristic of accumulation and a incubation period. The Opinions has proposed to speed up the technological remolding, the transformation and upgrading, the elimination through selection, and the source management of occupational hazards. The enterprises having occupational hazards have to pay attention to it.
Fourthly, strengthen the construction ability of security infrastructure.
xxvi. Perfect the long-term mechanism of safety investment
Strengthen the management of funds of work safety prevention and emergency response used by the Central Treasury and local public finance, increase the investment of work safety and occupational health, strengthen the auditing supervision. Strengthen the research on the economic policy of work safety, and perfect the catalogue for enterprise income tax preferences for enterprises producing particular facilities of work safety. Implement the measures for the collection and utilization of enterprise work safety funds, establish the incentive and restraint mechanism for enterprises to increases the safety investment. Improve the system of investment and financing services, and guide enterprises to develop the technical, equipment and service industries of disaster prevention, forecasting and early warning, detection and monitoring, individual protection, emergency response, and safety culture.
Notes by EHS.CN
Perfect the catalogue for enterprise income tax preferences for enterprises producing particular facilities of work safety, establish the incentive and restraint mechanism for enterprises to increases the safety investment, which is beneficial to enterprises, making enterprises voluntarily increase the input of manpower, material and financial resources for work safety and occupational diseases prevention and control. It is a good news for EHS personnel, and it will help strengthen the technical and engineering support for EHS.
xxix. Play the promoting role of market mechanism
Cancel the system of work safety risk deposits of enterprises, establish and improve the liability insurance system of work safety, compulsorily applying it to the industries with high risks, such as mines, dangerous chemicals, fireworks, transportation, construction, civil explosives, metal smelting, fishery production, and play the function of insurance agencies involving in risk assessment management and accident prevention. Improve the system of work-related injury insurances, accelerate the formulation of specific measures for the withdrawal ratio, usage and management of the work-related injuries prevention costs. Actively promote the establishment of the integrity system of work safety, improve the blacklist system of work safety defective record, and establish the mechanism of disciplinary actions against dishonest actions and the incentive mechanism for honest production and operation.
Conclusion by EHS.CN
The Opinions relates to every aspects, and it is the top-level design and the programmatic document.
Boss of the business and operating entities is the primary liable person for work safety; EHS personnel in the business and operating entities is the relevant persons in charge, who shall understand the trends of latest policies, the key monitoring focuses and know what are the warning lines to help enterprises eliminate or avoid legal risks.
We will continue to pay closer attention to the following-up supporting policies and documents and interpret them timely, please keep an eye on it.