Heavy notice: the national safety production special rectification three-year plan, "New Security Law" released this year!

The Ministry of Emergency Management: In the near future, the National Safety Production Special Three-Year Plan 1. Vice Minister of Emergency Management and member of the Party Group Shang Yong revealed at a press conference on the 10th that recently, China will launch the National Safety Production Special Three-Year Plan, focusing on two thematic nine industry areas to carry out special rectification.
strengthen the rule of law, and this year, the newly amended Safe Production Law will be promulgated.
3. The Law on safe production of dangerous chemicals will be submitted to the State Council and the Standing Committee of the National People's Congress for consideration. Amendments to the Regulations on the Safe Production of Coal and other regulations 5. Promote the criminalization of serious violations before accidents in the Amendments to the Criminal Law, and strengthen the efforts of safety production and rectification through laws.
encourage public opinion, internal employees of enterprises to carry out supervision of safe production, welcome everyone to report the hidden dangers of safety risks.
may be a major violation of safe production before an accident? To analyze this problem, we should keep a close eye on the Administrative Penalties for Safety Production Violations (State Administration of Safety and Supervision Order No. 15), the Emergency Regulations on Production Safety Accidents (State Council Order No. 708), the Measures for the Administration of Safety Evaluation and Inspection Institutions (effective May 1, 2019) and other laws and regulations, which have been in force since May 1, 2015, in order to make more accurate predictions or guesses.
Of course, the relevant amendment departments of the Criminal Law will certainly scientifically consider the four aspects of criminal acts: namely, the subject of crime, the subjective aspects of crime, the objective aspects of crime, the object of crime, that is, to make an accurate and lawful definition of serious violations before the accident. Article
1 If one of the capital inputs necessary to ensure safe production is not guaranteed in accordance with the law, causing the production and operation unit to not have the conditions for safe production, it shall be regarded as a serious violation of the Measures for Administrative Punishment of Safety Production Violations before the accident Article 43 The decision-making body of the production and operation unit, the principal person in charge, and the investor in the individual operation (including the actual controller, the same as below) shall not guarantee one of the capital inputs necessary for the following safe production according to law. The necessary funds may be fined between 10,000 yuan and 30,000 yuan for production and operation units, and 5,000 yuan to 10,000 yuan or less for the principal person in charge of production and operation units and investors in individual operations;
(4) the capital investment necessary for other safe production as prescribed by the State.
Because safe production must require appropriate capital investment, if the safe production funds are insufficient, the production and operation units do not have safe production conditions, even if there is no production safety accident, can be regarded as serious violations before the accident, will be punished.
2. Those who direct or order practitioners to perform illegal or risky operations; who exceed the approved production capacity, intensity or fixed personnel for production; who open or use facilities, equipment, equipment, dangerous goods and places of operation that have been seized or seized without authorization; who intentionally provide false information or conceal the hidden dangers of accidents and other safety problems; and who refuse to implement the safety supervision and supervision instructions issued by the safety supervision and supervision department in accordance with the law, they shall or may be deemed to have committed serious violations of the law before the accident. Administrative Penalties Measures Article 45 Production and business units and their principal persons in charge or other personnel shall be given a warning and may be fined between 10,000 yuan and 30,000 yuan for production and operation units, and their principal persons and other relevant personnel shall be fined between 1000 yuan and 10,000 yuan or less: (1) for operating in violation of operating regulations or safety regulations; If it is found that the illegal operations of the employees have not been stopped; (4) the production exceeds the approved production capacity, intensity or the fixed personnel; (5) the facilities, equipment, equipment, dangerous goods and operating places that have been seized or seized shall be opened or used without authorization; (6) they shall intentionally provide false information or conceal the hidden dangers of accidents and other safety problems; and (7) they shall refuse to implement the safety supervision and supervision instructions issued by the safety supervision and supervision department in accordance with the law.
Those who violate operating procedures or safety regulations involve too much to eliminate such acts at all in theory, and in fact, the direct cause of most accidents is therefore less likely to be regarded as serious pre-accident violations.
accident, and then sanction the violation of operating procedures or safety management regulations of the operator into prison, justice is not late.
Whoever, in violation of the law, directs or orders an employee to carry out illegal or risky operations; exceeds the approved production capacity, intensity or fixed personnel for production; and opens or uses the facilities, equipment, equipment, dangerous goods and places of operation that have been seized or seized without authorization. If it intentionally provides false information or conceals the existence of accident hazards and other safety problems, and refuses to implement the safety supervision and supervision orders issued by the safety supervision and supervision department in accordance with the law, it shall or may be regarded as a serious violation of the law before the accident, and each article is likely to be regarded as a serious violation before the accident and shall be punished.
3. Production and operation units have not formulated emergency rescue plans for production safety accidents, have not regularly organized emergency rescue plan drills, have not carried out emergency education and training for employees, and production and operation units have not carried out regular maintenance and maintenance of emergency rescue equipment, equipment and materials; Regulations on Emergency Responses to Production Safety Accidents (State Council Order No. 708) Article 30 If a production and operation unit does not formulate an emergency rescue plan for a production safety accident, does not regularly organize an emergency rescue plan exercise, does not conduct emergency education and training for employees, and the principal person in charge of a production safety accident occurs in the unit without immediately organizing rescue, the department with the responsibility for safety production supervision and management at or above the county level shall be investigated for legal responsibility in accordance with the relevant provisions of the Law of the People's Republic of China on Safe Production.
article 31 If a production and operation unit does not carry out regular maintenance and maintenance of emergency rescue equipment, equipment and materials, resulting in a serious production safety accident or an expansion of the hazards of production safety accidents, or does not immediately take corresponding emergency rescue measures after a production safety accident occurs in the unit, resulting in serious consequences, the departments of the people's governments at or above the county level that have the responsibility for safety production supervision and management shall be investigated for legal liability in accordance with the relevant provisions of the Emergency Response Law of the People's Republic of China.
article 32 If a production and operation unit fails to file a plan for emergency rescue of production safety accidents, fails to establish an emergency duty system or is equipped with emergency duty personnel, the department of the people's government at or above the county level with the responsibility of safety production supervision and management shall order it to make corrections within a time limit;
article 46 Of the Measures for Administrative Punishment of Violations of Safety Production, Article 46 If the production, operation, storage units of dangerous goods and the mining and metal smelting units have committed one of the following acts, they shall be ordered to make corrections and may be fined between 10,000 yuan and 30,000 yuan: (1) if no emergency rescue organization is established or if the production and operation scale is small and part-time emergency rescue personnel are not designated;
To do a good job in emergency preparedness, especially emergency education and training, effective emergency response in the early stages of an accident, is the necessary and key measures to reduce the loss of the accident, emphasizing that no amount is excessive, therefore, we can predict that production and operation units have not formulated emergency rescue plans for production safety accidents, not regularly organized emergency rescue plan drills, not Practitioners carry out emergency education and training, production and operation units do not carry out regular maintenance and maintenance of emergency rescue equipment, equipment and materials; production and operation units do not report the production safety accident emergency rescue plan for the record, do not establish an emergency duty system or equipped with emergency duty personnel, it is very likely to be regarded as a major violation of the law before the accident, will be punished.
4. If the production and operation unit does not have the safe production conditions stipulated by laws, administrative regulations and national standards and industry standards, and is ordered to stop production and stop operation for rectification, it shall either close down or, if it continues to produce, it shall be regarded as a serious violation of the law before the accident, and shall be punished with the Fourth Measures for Administrative Punishment of Safety Production Violations. Article 18 If a production and operation unit does not have the safe production conditions stipulated in laws, administrative regulations and national standards and industry standards, and is ordered to stop production and close down for rectification and still does not have the conditions for safe production, the safety supervision and supervision department shall submit it to the people's government with jurisdiction to close it down; if the people's government decides to close down, the safety supervision and supervision department shall revoke its relevant license in accordance with law.
not have safe production conditions, continue production, production safety accidents may occur at any time.
ordered to stop production and rectify, still do not have safe production conditions, and continue production, it must be regarded as a serious violation of the law before the accident, will be punished.
5. If a production and operation unit transfers a safety production license, knows or should know that it has engaged in production and business activities without obtaining a safety production license or other approval documents, it still provides conditions for production and operation, transportation, storage, storage, etc.; the production and operation unit and its related personnel who cheat, cheat or collude with administrative examination and approval staff to obtain a safety production license and other approval documents shall be regarded as serious violations before the accident and shall be punished with the Administrative Penalties for Safety Production Violations. 49 If a production and operation unit transfers a safety production license, it confiscates the illegal proceeds, revokes the safety production license, and imposes a fine in accordance with the following provisions: (1) If the unit and individual receiving the transfer have not had a production safety accident, it shall be fined between 100,000 yuan and 300,000 yuan; Any unit or individual that accepts the transfer shall be fined between 400,000 yuan and 500,000 yuan if a person dies in a production safety accident. Article
If a production and business unit knows or should know that it has engaged in production and business activities without obtaining a safety production license or other approval documents, it shall still provide it with conditions such as production and operation places, transportation, storage and storage, and shall be ordered to immediately stop the illegal act, and if it has illegal income, it shall confiscate the illegal income and shall be fined not more than 1 times or less than 3 times the illegal income, but not more than 30,000 yuan;
article 51 Where a production and operation unit and its related personnel cheat, defraud or collude with or collude with administrative examination and approval staff to obtain a safety production license and other approval documents, the license and approval documents shall be revoked and a fine shall be imposed in accordance with the following provisions: (1) If the production and operation unit has illegal income, confiscation shall be confiscated. Illegal income shall be punished with a fine of 1 times or less than 3 times the illegal income, but not more than 30,000 yuan;
production and business units and their related personnel that have committed illegal acts as stipulated in the previous paragraph shall not apply for the administrative license again within 3 years.
If the production and operation unit and its related personnel fail to go through the formalities for the change of the safety production license according to law, they shall be ordered to make corrections within a time limit, and the production and operation unit shall be fined between 10,000 yuan and 30,000 yuan, and the relevant personnel shall be fined from 1000 yuan to 5000 yuan.
the above-mentioned illegal acts, 100% of the major accidents before the accident violations, will be punished.
is beyond doubt.
the procedure of changing the safety production license according to law, it should certainly not be a major violation of the law before the accident.
6. If a person endangers public safety or the safety of other production and operation units is ordered to make corrections within a time limit and fails to do so within a time limit; if he has been subjected to administrative punishment more than twice within one year for the same illegal act; if he refuses to rectify the hidden dangers of the accident or if the accident hidden dangers are not corrected effectively, his illegal acts shall continue; and those who refuse, obstruct or threaten administrative law enforcement personnel with violence may be regarded as a major violation before the accident, and shall be sentenced to the Measures for Administrative Punishment of Safety Production Violations. If a production and operation unit and its related personnel have one of the following circumstances, they shall be severely punished: (1) if they endanger public security or the safety of other production and operation units, they shall be ordered to make corrections within a time limit and have not been corrected within the time limit; (2) they shall be subjected to administrative punishment more than twice in one year for the same illegal act; (3) if they refuse to make rectification or if the rectification is weak, and if the illegal act is in a continuous state; (4) if they refuse, obstruct or threaten administrative law enforcement personnel with violence.
If the public security or the safety of other production and operation units is endangered, it shall be ordered to make corrections within a time limit, if it is not corrected within the time limit; if he has been subjected to more than two administrative penalties for the same illegal act within one year; if he refuses to rectify the hidden dangers of the accident or if the accident hidden dangers are not corrected well, his illegal acts shall continue;
And the emergency management department or the safety supervision department responsible for safety production supervision inspection found that the enterprise has one or more major accident hidden dangers, we believe that immediately regarded as a major violation of the law, is not appropriate and impossible, because the production and operation units have the best, most advanced equipment facilities and processes and excellent staff, who can not guarantee the development of monthly hidden dangers into hidden dangers, or out of one or several major accident hidden dangers.
only if the hidden dangers of major accidents refuse to rectify or fail to rectify, the deadline can not be completed, it is entirely possible to be regarded as a major violation of the law before the accident, will be punished.
7, institutions that have not obtained the corresponding qualifications and qualification certificates and their related personnel engaged in safety evaluation, certification, testing and inspection work may be regarded as major violations before the accident and will be punished; Article 27 If an applicant conceals the relevant information or provides false materials for qualification (including qualification renewal, qualification change, increase of business scope, etc.), the qualification accreditation authority shall not accept or grant administrative permission, and shall give a warning.
the applicant may not re-apply for one year.
article 28 of the applicant's application.