When the department responsible for the supervision and administration of production safety enforces the laws on production safety, the enterprise may refuse to keep secret?

Reflection on the "1. 10" accident in Qixia city, Shandong province: the management of production safety is still not smooth, and the safety net is long.

Near the Spring Festival, all kinds of production safety accidents have once again ushered in a period of high incidence and frequent occurrence, and local government agencies have successively issued policies to strictly control production safety to ensure the continuous and stable production safety before the holiday. Such as coal mines, non-coal mines, metal smelting, engineering construction and other high-risk industries are undoubtedly the focus of government safety production supervision.

Especially in April 2020, the State Council issued the "Three-year Action Plan for the Special Rectification of National Safety Production" (No.20203 of the Safety Committee), and the work deployment took 202 1 as the stage of "centralized tackling key problems" in national safety production; On October 25th, 2020/kloc-0, the State Council just passed the People's Republic of China (PRC) Law on Work Safety (Revised Draft). Generally speaking, the national situation of production safety supervision is characterized by strong supervision and strict law enforcement.

However, at such a special time stage, a long-term concern of the risk industry, but such a major, bad-natured production safety accident. Sadly, we need to reflect on what problems still exist in the national "safety production management and safety work". Why are safety accidents still frequent in such a high-pressure safety production supervision environment? The enterprises involved have reported it for 30 hours, so they ignore life and supervision. What is the reason?

1, Implementation of Safety Production Management Supervision

Concealing or delaying reporting has always been a taboo in safety production and rescue work. China's Criminal Law, Law on Work Safety, Regulations on Reporting, Investigation and Handling of Work Safety Accidents and other laws and regulations clearly stipulate the reporting mechanism of work safety accidents, and have formulated severe punishment measures for concealing or delaying reporting. Those who constitute a crime will be investigated for criminal responsibility.

According to the provisions of the Criminal Law Amendment (VI) of People's Republic of China (PRC):

After the occurrence of a safety accident, the person responsible for reporting the accident concealed or lied about the accident, delaying the rescue of the accident. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

According to the provisions of the Safety Production Law:

After a production safety accident occurs in a production and business operation entity, the relevant personnel at the scene of the accident shall immediately report to the person in charge of the entity. After receiving the accident report, the person in charge of the unit shall promptly take effective measures to organize rescue, prevent the accident from expanding, reduce casualties and property losses, and report to the local department responsible for the supervision and administration of production safety immediately and truthfully in accordance with the relevant provisions of the state, and shall not conceal, falsely report or delay the report, and shall not intentionally destroy the scene of the accident or destroy relevant evidence.

According to the Regulations on Reporting, Investigation and Handling of Production Safety Accidents:

After the accident, the relevant personnel at the scene of the accident shall immediately report to the person in charge of the unit; After receiving the report, the person in charge of the unit shall report to the safety production supervision and management department of the people's government at or above the county level and the relevant departments responsible for safety production supervision and management within 1 hour; In case of emergency, the relevant personnel at the scene of the accident can directly report to the relevant departments of the people's government at or above the county level where the accident occurred.

If the accident unit delays reporting or omits reporting the accident, the main person in charge shall be fined 40% to 80% of the annual income; Those who belong to national staff shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

If the accident unit and its relevant personnel make a false report or conceal the accident, the accident unit shall be fined from 6,543,800 yuan to 5 million yuan; Impose a fine of 60% to 100% of the income of the previous year on the mainly responsible person in charge and other directly responsible personnel; Those who belong to national staff shall be punished according to law; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

The local people's governments and relevant departments that report accidents late, fail to report them, make false reports or conceal them shall be punished according to law by the directly responsible person in charge and other directly responsible personnel; If a crime is constituted, criminal responsibility shall be investigated according to law.

In such a high-pressure safety production supervision environment, such bad safety production accidents still occur from time to time. Obviously, there are still some problems in some links and mechanisms of current safety production management.

Supervision and implementation

According to the judgment of rescue technical experts, the external cause of the accident was the explosion of explosives in the middle section 240 meters away from the wellhead, which led to the destruction of underground ventilation, safety exits, communications and other facilities, and 22 employees more than 600 meters underground were trapped and lost contact. However, less than a month ago, some media reported that law enforcement officers of the local emergency management bureau went deep into the 700-meter mine for on-site inspection, which was very close to the time of the accident. Objectively speaking, under the premise that the inspection and rectification are effective, the probability of accidents should be very small. So is there a formalism problem in the on-site inspection or is the enterprise rectification not in place?

Accident concealment

The accident was concealed by the enterprise for up to 30 hours, and only after realizing that it was impossible to rescue the underground personnel with the help of the enterprise rescue force did it report the relevant situation to the Municipal Emergency Management Bureau. However, according to local residents, there were obvious sounds and vibrations when the accident occurred, but the local township government did not report any abnormalities within 30 hours after the accident.

Xinhua News Agency pointed out that in the face of a series of "high-voltage lines", there are always some enterprises and local government departments taking chances. After the accident, they did not seize the time to fight for rescue forces, but "seized the time" to make the accident "minor" in an attempt to escape punishment. It was not until I couldn't hide it that I "asked for help" from the higher government departments. These sharp comments are particularly meaningful.

In recent years, the domestic safety production management has made remarkable achievements in legislative construction and policy guidance, and the safety production management of various high-risk industries has been steadily promoted according to law. However, this accident has to make people reflect on some problems that may exist in the implementation and normal supervision of current safety production management.

2. The construction of safety production guarantee mechanism still needs to be improved.

In recent years, the state has established a number of mechanisms and measures to strengthen the prevention of accidents in production safety and improve accident rescue and relief compensation. Among them, the introduction of insurance forces to participate in safety production management has proved to be an effective means to improve "pre-risk prevention" and improve "post-risk compensation". At the same time, because insurance institutions and third-party safety risk management service institutions are independent of enterprise production and operation management, the safety production risk management services they provide are more fair and objective, which is conducive to further improving the existing safety production guarantee system.

From the perspective of post-employment risk compensation

In the early days, all kinds of safety production accidents generally suffered great losses, and it was difficult to trace the responsibility. The final accident compensation is often the government department "paying the bill" for the involved enterprises and responsible persons.

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On the one hand, the huge accident compensation increases the financial burden of the government;

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On the other hand, the payment of government compensation has a certain lag, and the accident personnel and their families can not get timely economic compensation;

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In addition, accident rescue expenses (attendance, transportation, fuel, materials, equipment loss, etc. ) Every accident rescue involves a lot, and it is often undertaken by the local government and the rescue team itself, which is seriously unfair and seriously dampens the enthusiasm of the rescue team.

By introducing insurance mechanism into the post-event risk compensation link, insurance companies can replace the responsible person to compensate the accident personnel and their families in time within the scope of insurance liability, and pay the corresponding accident rescue expenses, thus changing the embarrassing situation that the government paid the bill in the past.

From the perspective of reservation risk prevention

Pre-risk prevention of all kinds of safety production management activities is mainly completed through enterprise self-inspection and supervision agency inspection. However, taking this accident as an example, the explosion of the accident and the 30-hour concealment revealed that both the self-inspection of enterprises and the inspection of regulatory agencies were obviously ineffective. Even in the worst case, once the interests and responsibilities of local regulatory agencies and enterprises are consistent, the implementation of various safety production management measures, the reporting and rescue of safety production accidents will be completely ineffective.

In recent years, the state has vigorously promoted the liability insurance for production safety, and built a brand-new risk prevention mechanism for all kinds of production safety activities with the help of insurance institutions and risk management services for production safety. This safety production risk management service has a high degree of independence:

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Safety production risk management service institutions are employed by insurance companies, and the service content, standards and management are subject to state and industry supervision;

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In order to avoid claims for losses, insurance companies will try their best to identify, evaluate and prevent various risk factors that may lead to production safety accidents, and there is no situation that is consistent with the interests of relevant units and institutions.

Therefore, production safety liability insurance is equivalent to establishing a layer of risk protection mechanism separately from the existing supervision mechanism to ensure the objectivity and fairness of safety accident prevention services.

It should be noted that although the safety production liability insurance has proved that "the insurance mechanism can improve the existing safety production guarantee mechanism", objectively speaking, the safety production liability insurance itself has a short development time, and it needs to be further improved and developed in market application, insurance compensation and risk management service implementation, thus limiting its role in safety production guarantee.

Take the insurance compensation project (Hainan Province) as an example:

Hainan Province, as one of the earliest pilot areas of production safety liability insurance in China, has enforced production safety liability insurance in several key industries in the province since 20 1 1, and the insured enterprises enjoy the insurance compensation limit ranging from 2 million to 20 million per accident during the insurance period. But in fact, during the period from 20 1 1 to 20 19, the average amount of insurance compensation for each accident in Hainan Province was only 6 1200 yuan.

At the same time, although the coverage of production safety liability insurance includes accident rescue, in actual compensation, accident rescue compensation is often relatively backward in the "compensation order". That is to say, the compensation amount of safety production liability insurance is mainly consumed in the economic compensation for the accident personnel and their families. If the costs of accident identification and legal proceedings are added, the actual compensation cost of accident rescue is very small. To sum up, the management and guarantee of safety production in high-risk industries still have a long way to go, and the alarm must be sounded.