Safety in production is a systematic project, which needs support from many aspects, and the legal system of safety in production is particularly important.
According to the safety production policy of "safety first, prevention first", the state has formulated a series of laws and regulations on safety production and labor protection. According to statistics, since the founding of New China 50 years ago, there have been more than 280 major laws and regulations on safety production and labor protection, including comprehensive, safety and health, three simultaneities, casualty accidents, protection of female workers and underage workers, vocational training and assessment, special equipment, protective equipment and inspection.
Among them, the Law on Work Safety, the Law on Mine Safety, the Law on Labor and the Law on Occupational Disease Prevention (implemented on May 1 2002) have played a very important role in work safety and labor protection. At the same time, the state has formulated and promulgated hundreds of national safety and health standards. According to the characteristics of China's legislative system and the different adjustment scope of safety production laws and regulations, the safety production laws and regulations system consists of several levels.
2 safety technical regulations
Safety technical regulations refer to the legal norms formulated by the state to do a good job in safety production, prevent and eliminate disasters and accidents in production, and ensure the personal safety of employees. The safety technical regulations stipulated by the state stipulate the basic requirements for some outstanding or universal safety technical problems. For some special safety technical problems, the relevant state departments have also formulated and promulgated special safety technical regulations.
1. Safety aspects of design and construction projects
Article 24 of the Law on Work Safety stipulates that the safety facilities of new construction, renovation and expansion projects (hereinafter referred to as construction projects) of production and business units must be designed, constructed and put into production and use at the same time as the main project. Investment in safety facilities should be included in the budget estimate of construction projects. 1996 10 The former Ministry of Labor issued the Regulations on Occupational Safety and Health Supervision of Construction Projects (Projects), clearly requiring that "when organizing the feasibility study of construction projects, there should be an occupational safety and health demonstration content, and the demonstration content should be included in the feasibility report as a special chapter of the feasibility study report"; "In the preparation (or approval) of the construction project plan, the investment required for occupational safety and health facilities should be prepared (or approved) and included in the investment control amount".
There is a special chapter in the Mine Safety Law that puts forward specific requirements for safety regulations and technical specifications in mine design and construction, stipulating that the design documents of mine construction projects must conform to mine safety regulations and industrial technical specifications, and be approved by the competent department of mining enterprises in accordance with state regulations; Do not meet the mine safety regulations and industry technical specifications, shall not be approved.
2. Safety devices of mechanical equipment.
Article 29 of the Law on Work Safety stipulates that the design, manufacture, installation, use, testing, maintenance, modification and scrapping of safety equipment shall conform to national standards or industry standards. Production and business units must carry out regular maintenance and inspection of safety equipment to ensure normal operation. Maintenance, maintenance and testing shall be recorded and signed by relevant personnel. Article 53 of the Labor Law stipulates that "labor safety and health facilities must meet the standards set by the state".
For the safety devices of mechanical equipment, there are clear requirements in the national standards for occupational safety and health facilities, such as safety protection devices for dangerous parts such as transmission belts, open gears, grinding wheels, chain saws, couplings, rotating shafts, pulleys and rotating parts of presses. The rotating part of the machine is equipped with an automatic oiling device. The crane shall be marked with tonnage, and shall not be overspeed or overloaded when in use. It is not allowed to hang obliquely, and it is forbidden for anyone to stay or walk on or under the lifted items.
3. Safety measures for special equipment.
Article 30 of the Law on Work Safety stipulates that special equipment, dangerous containers and means of transport used by production and business units must be produced by professional production units in accordance with the relevant provisions of the state, and can only be put into use after professional qualification testing by inspection institutions and obtaining safety use certificates or safety signs. The inspection institution shall be responsible for the inspection results. The catalogue of special equipment involving life safety and major dangers shall be formulated by the safety supervision and management department of special equipment in the State Council, and shall be implemented after being approved by the State Council.
Electrical equipment, boilers, pressure vessels, etc. They are all special equipment with wide application and outstanding safety problems. The Regulations on Safety and Hygiene in Factory provides detailed and specific regulations on the safe use of electrical equipment. The Provisional Regulations on Safety Supervision of Boilers and Pressure Vessels stipulates: "Boiler and pressure vessel manufacturers must strictly implement the raw material system, process management system and product quality inspection system in accordance with relevant regulations to ensure product quality, and unqualified products are not allowed to leave the factory."
The Regulations on Safety Supervision of Special Equipment issued and implemented in the State Council in 2003 defined seven types of facilities as special equipment, such as boilers, pressure vessels (including gas cylinders, the same below), pressure pipes, elevators, lifting machinery, passenger ropeways and large amusement facilities, and defined the national supervision scope of production (including design, manufacture, installation, renovation and maintenance), use, inspection and supervision.
4. Fire and explosion safety rules.
The "Regulations on the Implementation of the Mine Safety Law" stipulates: "Coal mines and other mines with the possibility of gas explosion shall strictly implement the gas inspection system, and no one shall carry tobacco and ignition appliances down the well." The Fire Protection Law stipulates: "Units that produce, use, store and transport flammable and explosive chemicals must implement the safety management regulations of the relevant competent authorities in the State Council." "Personnel who do not know the performance and safe operation of inflammable and explosive chemicals shall not engage in operation and storage".
The Regulations on the Safety Management of Hazardous Chemicals was adopted at the 52nd executive meeting of the State Council on June 9, 2002, and came into effect on March 5, 2002, which put forward specific requirements for the safety measures to be taken in the production, use, storage, management and transportation of flammable and explosive chemicals.
5. Safety conditions of working environment
Article 34 of the Law on Work Safety stipulates that workshops, shops and warehouses that produce, manage, store and use dangerous goods shall not be in the same building as the staff dormitory, and keep a safe distance from the staff dormitory. Production and business premises and staff quarters should be equipped with exits that meet the requirements of emergency evacuation, and the signs should be obvious and kept clear. It is forbidden to close or block the exits of production and business premises or staff quarters. In the "Regulations on Safety and Hygiene in Factories", the layout of passageways, lighting, safety signs, machines and workstations in the workplace is comprehensively stipulated.
"Technical Code for Safety of Building Installation" stipulates: "The construction site shall meet the safety and health requirements; Ditches and pits on the construction site should be filled up, or fences and cover plates should be set up; It is generally not allowed to erect high-voltage lines on the construction site. " The Mine Safety Law also stipulates the safe exits of mines, the straight-line horizontal distance between exits and the transportation and communication facilities between mines and the outside world.
6. Personal safety protection
Article 37 of the Law on Work Safety stipulates that production and business operation entities must provide employees with labor protection articles that meet national standards or industry standards, and supervise and educate employees to wear and use them in accordance with the rules of use. Personal protective equipment can be distinguished according to its manufacturing purpose and the energy transmitted to people, including preventing acute injury and chronic injury.
"Factory Safety and Hygiene Regulations" stipulates: "Electrical operators should be equipped with insulating boots, gloves, etc. By the factory according to their needs; The safety helmet and safety belt for aerial work shall be provided by the enterprise; Factories and workshops that produce a large amount of toxic gases should be equipped with anti-virus rescue equipment. " Labor Law, Coal Law, Mine Safety Law and other national laws and regulations also put forward clear requirements for enterprises and institutions to provide necessary protective equipment for workers.
3 Occupational Health Regulations
Occupational health laws and regulations refer to various laws and regulations formulated by the state to improve working conditions, protect the health of employees in the production process, and prevent and eliminate occupational diseases and occupational poisoning. This includes provisions on occupational health protection measures and provisions on preventive medical care measures.
The current occupational health laws and regulations in China mainly include the Environmental Protection Law, the Township Enterprises Law and the Coal Law. Regulations on Safety and Hygiene in Factories, Law on Prevention and Control of Occupational Diseases and Regulations on Protection of Radioisotopes and Radiation Devices promulgated by the State Council. Hygienic Standard for Design of Industrial Enterprises, Hygienic Standard for Noise of Industrial Enterprises, Interim Hygienic Standard for Microwave Radiation, Interim Measures for Heatstroke Prevention and Cooling, Administrative Measures for Hygienic Monitoring of Chemical System, Administrative Measures for Labor Hygiene of Township Enterprises, Occupational Disease Scope and Treatment Measures for Occupational Disease Patients, etc. Promulgated by relevant departments. On May 1 2002, China officially implemented the Law on the Prevention and Control of Occupational Diseases, which raised the supervision and management of occupational disease prevention and control in China to a new height and level.