2. Article 38 stipulates: "Production and business operation entities shall establish and improve the system of investigation and management of hidden dangers in production safety accidents, and take technical and management measures to find and eliminate hidden dangers in time. The investigation and management of hidden dangers of accidents shall be truthfully recorded and informed to the employees. The departments of local people's governments at or above the county level responsible for the supervision and administration of production safety shall establish and improve the supervision system for the management of major accidents and urge production and business units to eliminate major accidents. "
Paragraph 4 of Article 98 stipulates: "If a production and business operation entity commits one of the following acts, it shall be ordered to make corrections within a time limit and may be fined not more than 100,000 yuan; If it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification, and a fine of 10 million yuan but not more than 200,000 yuan shall be imposed, and a fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed on the directly responsible person in charge and other directly responsible personnel; If it constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law: (4) Failing to establish a system for the investigation and management of hidden dangers of accidents. "
Article 99 stipulates: "If a production and business operation entity fails to take measures to eliminate hidden dangers of accidents, it shall be ordered to eliminate them immediately or within a time limit; If the production and business operation entity refuses to implement it, it shall be ordered to stop production and suspend business for rectification, and be fined between 100,000 yuan and 500,000 yuan, and the directly responsible person in charge and other directly responsible personnel shall be fined between 20,000 yuan and 50,000 yuan. "
Typical accident case Binzhou Shandong Fukai Stainless Steel Co., Ltd. "1 1.29" major gas poisoning accident.
201165438 2005+17: 401On October 29th, a serious gas poisoning accident occurred in Shandong Fukai Stainless Steel Co., Ltd. (hereinafter referred to as Fukai Company) located in zouping county, Binzhou City, causing 10 deaths and 7 injuries.
The direct cause of the accident is that 1# drainer has safety defects, and the water seal inspection pipe head is not set as required, so it is impossible to check the water seal level; There are safety defects in the process of gas transportation. Converter gas is not stabilized, buffered and evenly mixed by the gas holder system, resulting in frequent fluctuation of gas pipe network pressure, which leads to a large amount of gas condensate falling through the sewer pipe, and the effective water seal level continues to drop until the water seal is instantly broken down by gas pressure, and the gas in the pipe leaks through the overflow nozzle of the drainer.
Through on-site investigation and evidence collection, it is found that the accident 1# drainer is not equipped with water seal inspection pipe head according to the requirements of Gas Safety Regulations for Industrial Enterprises (GB6222-2005), so it is impossible to check the water seal level of the drainer. However, since the drainer was put into use, the water level of the water seal has not been checked, artificial water replenishment has not been carried out, and maintenance and cleaning have not been carried out. The investigation also found that the monthly special safety inspection of the steelmaking workshop deployed by Guangfu Group was not in place, and no special safety inspection was carried out on 20 15 1 1. There is no corresponding standard in daily inspection, the change of water level of the drainer is not included in the inspection content, the problem and hidden danger of water level drop of the 1 drainer are not found, and the water seal is not replenished in time, which leads to the final rupture of the water seal.
Wang Moumou, member of the Party Group, legal representative and general manager of Zhong Fukai Company. He was criminally detained by the public security organs for the crime of suspected major accidents.
Liu Moumou, head of converter workshop of Fukai Company. He was criminally detained by the public security organs for the crime of suspected major accidents.
Liu Moumou, full-time safety officer in converter workshop of Fukai Company. He was criminally detained on suspicion of a major accident.
Case study:
Article 38 of the Law on Work Safety is a new legal provision in the Safety Law revised by 20 14. Its main purpose is to strengthen the investigation and management of hidden dangers of production safety accidents. Doing a good job in the investigation and management of hidden dangers of accidents, so as to nip in the bud, is the key to prevent production safety accidents, and is also the core work of daily safety production management of production and business units. Production and business units shall establish and improve the system of investigation and management of hidden dangers in production safety accidents, comprehensively and reasonably arrange the investigation and management of hidden dangers, and do a good job in supervising and implementing them; Technical and management measures should be taken to find and eliminate hidden dangers of accidents in time; The investigation and management of hidden dangers of accidents shall be truthfully recorded, and the information files of investigation and management of hidden dangers of accidents shall be established, and no omission, omission or false report shall be allowed. Records should be notified to employees so that employees can understand them in time.