On February 9, 20 19, the Emergency Management Department of Shandong Province, the Higher People's Court of Shandong Province, the People's Procuratorate of Shandong Province and the Public Security Department of Shandong Province jointly issued the Opinions on Strengthening the Implementation of the Main Responsibility of Enterprise Safety Production (hereinafter referred to as the Opinions), highlighting the key points of enterprise responsibility implementation, establishing four systems of accident responsibility investigation, and urging enterprises to further implement the main responsibility of safety production.
The Opinions clarify the criteria for filing criminal responsibility for accidents, that is, to initiate criminal investigations on enterprises that cause 1 death, 3 serious injuries and economic losses of more than 1 10,000 yuan.
Establish four accident accountability systems.
1. At the provincial level, it is the first time to clarify the system of investigating criminal responsibility before accidents in the field of safety production. Clarify the relevant issues concerning the applicable penalties for crimes of illegal production and operation of fireworks and firecrackers and crimes of illegal production and operation of dangerous chemicals, and severely crack down on all kinds of illegal production, operation and construction activities in the field of safety production.
2. Establish a system for production safety accidents to stop production and rectify. According to the opinion, according to the relevant regulations, if an enterprise with 1 death or above production safety accidents may lead to further accidents such as secondary derivation due to major hidden dangers, and the conditions for safe production cannot be guaranteed, the department responsible for the supervision and administration of production safety shall order the enterprise to suspend production or business for rectification in part or in whole according to law.
3. Establish a criminal investigation system for production safety accidents. In accordance with the relevant provisions, the Opinions clarify the standards for filing criminal responsibility for accidents, and stipulate that the relevant departments should file an investigation for enterprises that cause 1 person death, three serious injuries and economic losses of more than 1 10,000 yuan. In order to strengthen the supervision of the process of investigating the criminal responsibility of production safety suspects, the courts, procuratorates and public security organs at all levels shall, in accordance with the principle of "whoever signs, approves and is responsible", adopt a cautious attitude to review according to law.
4. Establish a joint disciplinary system for production safety accidents. In accordance with the relevant regulations, the Opinions put forward joint law enforcement and joint punishment for enterprises that have 1 person death production safety accidents, so that the illegal cost paid by enterprises is much higher than the safety investment reduced in the previous period. The principal responsible person of an enterprise that has been investigated for criminal responsibility for an accident shall not be the principal responsible person of any enterprise within five years from the date of completion of the execution of the penalty; Those who are responsible for more than major accidents shall not be the main person in charge of enterprises in this industry for life. The leading bodies of state-owned (holding) enterprises that have suffered major accidents or consecutive fatal accidents cannot enjoy the year-end assessment rewards, and the main responsible persons cannot participate in the activities of evaluating the first tree and selecting the best in that year.
Jiangsu: In case of any accident, the bidding will be suspended.
On May 7, 2020, the Housing and Construction Department of Jiangsu Province issued the Notice on Strengthening the Safety Management of Construction.
Since May, enterprises responsible for accidents
(a) in the future, where the construction enterprises in this province have a 1 general accident, the construction enterprises and supervision enterprises that have an accident will immediately stop bidding within the scope of the districts and cities where the accident is located for not less than 3 months.
(2) In the future, in case of 1 major and above accidents, construction enterprises and supervision enterprises in our province will stop bidding in the whole province.
(three) enterprises from other provinces have accidents in our province, and should stop bidding in our province from the date of accident notification in accordance with relevant regulations.
(four) the province's construction enterprises and supervision enterprises in 2020, two consecutive general accidents, from the date of the second accident notification to stop bidding in the province for not less than 3 months.
(5) In the event of a production safety accident in 2020, the responsible construction unit in this province shall be punished, and the safety production license shall be temporarily withheld according to the upper limit period.
(six) the project manager and safety officer who have a general accident are temporarily detained after the project completion acceptance 1 year; In case of major and above accidents, the safety production evaluation certificate shall be revoked after the project is completed and accepted for the record. And deduct the credit score from the project manager and director who has an accident and include it in the bad behavior record.
At the same time, be clear:
Construction enterprises should be equipped with safety directors and sign a letter of commitment for safety production with the project department.
If a construction enterprise causes production safety accidents due to illegal construction, it shall be subject to administrative punishment in accordance with the regulations. The general qualification for bidding for production safety accidents is 1 year in this province, and the qualification for bidding for major accidents is 2 years in this province.
Highlight the rectification of illegal contracting by construction units, dismembering contracting, instructing construction enterprises to seize the construction period to catch up with the progress, and failing to implement the cost of safe and civilized construction measures.
On May 12, Nantong, Jiangsu Province issued the Notice on Issuing Construction Safety Control Indicators in 2020.
Indicator requirements: The number of accidents and deaths in production safety dropped significantly, and the number of accidents and deaths decreased by more than 20% respectively over the previous year. The completion of control indicators is linked to the number of declared Youshi (Zilang Cup), provincial excellent (Yangtze Cup) and star-rated construction sites in provinces and cities.
Under any of the following two circumstances, the annual municipal and provincial excellent declaration qualification of the local area will be cancelled, the semi-annual municipal standardized star-rated construction site declaration qualification of the local area will be suspended, and the annual provincial standardized star-rated construction site declaration qualification of the local area will be cancelled.
The average annual supervision area is more than 6,543,800 square meters, and the annual accident has caused three or more deaths;
The average annual supervision area is below 6,543,800 square meters, and the annual accident has caused two or more deaths.
Ministry of Housing and Urban-Rural Development: More than 3 people died, stopped practicing and was banned!
20 19 12 The Ministry of Housing and Urban-Rural Development and the Emergency Department jointly issued the Opinions on Strengthening the Punishment of Personnel in Enterprises Responsible for Construction Safety Accidents. The opinion is clear. Those who fail to perform their duties of production safety and cause production safety accidents, especially major and above accidents, will be investigated for responsibility:
Suspend or revoke their qualifications and job certificates related to production safety, and implement occupational prohibition according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Relevant registered practitioners of relevant survey, design and supervision units shall be ordered to stop practicing until the relevant registration certificate is revoked, and shall not engage in related construction activities.
(Editor's Note: Previously, registrants of major safety accidents were punished by revoking their qualification certificates and not registering for five years. This time, the punishment standard will be greatly improved! )
According to the "Regulations on Safety Production Management of Construction Projects" and the conclusion of accident investigation, the responsible personnel of the enterprise shall be punished.
Be included in the "blacklist" for punishment.
In addition, the opinion also requires the implementation of the responsibility system for production safety, and the legal representative of the construction enterprise and the person in charge of the project make public commitments on behalf of the enterprise and the project respectively, and accidents caused by violations will be punished.
According to the Regulations on Reporting, Investigation and Handling of Production Safety Accidents, the criteria for judging the accident level are as follows:
Ordinary accidents: accidents that cause the death of less than 3 people, or serious injuries of less than 10 people, or direct economic losses of less than 10 million yuan;
Major accident: an accident that causes more than 3 people 10 to die, or more than 10 to 50 people to be seriously injured, or the direct economic loss 10 to 50 million yuan;
Major accident: an accident that causes more than 10 and less than 30 people to die, or more than 50 people are seriously injured 100, or the direct economic loss is more than 50 million yuan1000 million yuan;
Particularly serious accident: an accident that causes more than 30 deaths, or more than 100 people are seriously injured, or more than 100 billion yuan in direct economic losses.
According to the discretion standard of administrative punishment for engineering construction of the Ministry of Housing and Urban-Rural Development, registered practitioners who violate laws and regulations and cause accidents will be punished according to the circumstances and consequences. The most serious thing is to revoke their certificates and not register for life! Details are as follows:
Attachment: Specific accident punishment standards in the discretion standard of engineering construction administrative punishment of the Ministry of Housing and Urban-Rural Development: