1China's basic system of production safety laws
Production safety is a systematic project, which needs to be built on a variety of supportive foundations, and the system of laws and regulations on production safety is particularly important.
In accordance with the policy of "safety first, prevention first", the state has formulated a series of laws and regulations on production safety and labor protection. According to statistics, in the past 50 years since the founding of the country, the promulgation and use of the main laws and regulations related to production safety, labor protection of about 280, including comprehensive, safety and health, three simultaneous categories, casualties and accidents, female and underage workers protection, vocational training and assessment, special equipment, protective equipment, and testing and inspection categories.
Which appear in the form of law, safety production, labor protection has a very important role is the "Work Safety Law", "Mine Safety Law", "Labor Law", "Prevention and Control of Occupational Diseases Law" (implemented on May 1, 2002), at the same time, the country also formulated and promulgated more than hundreds of national standards on safety and health. According to the characteristics of China's legislative system, as well as the different scopes adjusted by production safety regulations, the system of production safety laws and regulations consists of a number of levels.
2 Safety Technical Regulations
Safety technical regulations refer to the legal norms formulated by the state for the purpose of improving safety in production, preventing and eliminating catastrophic accidents in production, and safeguarding the personal safety of workers. State safety regulations, is more prominent or general significance of the safety of technical issues stipulated in the basic requirements, some of the more special safety issues, the relevant departments of the State has also formulated and promulgated special safety regulations.
1. Design, construction safety
"Work Safety Law," Article 24 provides: production and management units of new construction, alteration, expansion projects (hereinafter collectively referred to as construction projects) of the safety facilities must be designed with the main project at the same time, the same time the construction, the same time into production and use. The investment in safety facilities should be included in the construction project budget estimates. In October 1996, the former Ministry of Labor issued the "construction projects (engineering) supervision of occupational safety and health regulations" clearly requires that "in the organization of the feasibility study of the construction project, there should be occupational safety and health of the content of the demonstration, and the content of the demonstration as a feasibility study report of the special section of the feasibility report into the feasibility study report "; "When preparing (or approving) the construction project plan task book, the required investment in occupational safety and health facilities should be prepared (or approved) and included in the investment control amount."
The Mine Safety Law devotes a chapter to specific requirements for safety regulations and technical specifications in the design and construction of mines, and stipulates that the design documents for mine construction projects must conform to mine safety regulations and industry technical specifications, and be approved by the competent authority managing the mining enterprise in accordance with state regulations; those that do not conform to mine safety regulations and industry technical specifications shall not be approved.
2. Machine and equipment safety devices
"Work Safety Law" Article 29 provides that: the design, manufacture, installation, use, testing, maintenance, renovation and scrapping of safety equipment should be in line with national standards or industry standards. Production and management units must carry out regular maintenance of safety equipment, maintenance, and regular testing to ensure normal operation. Maintenance, repair and testing shall be recorded and signed by the relevant personnel. Article 53 of the Labor Law provides that "occupational safety and health facilities must meet the standards set by the State."
For the safety devices of machines and equipment, the national standards for occupational safety and health facilities have clear requirements, such as drive belts, gears, grinding wheels, chainsaws, couplings, shafts, pulleys, and other hazardous parts of the rotating part of the press has a safety guard. The rotating part of the machine is equipped with automatic refueling device. Crane should be marked tonnage, use is not allowed to speed, overload, not allowed to slant, prohibit anyone in the hoisting of goods on or below the stay or walk, etc..
3. Special equipment safety measures
"Work Safety Law," Article 30 provides that: production and operation units using special equipment related to life safety, greater danger, as well as containers of hazardous substances, means of transport, must be in accordance with the relevant provisions of the state, by the production of professional production units, and by obtaining the professional qualifications of the testing and inspection agencies testing, inspection and qualification, to obtain a safety use certificate or safety mark. Safety use certificate or safety mark before being put into use. Testing and inspection organizations are responsible for the testing and inspection results. Involving life safety, the danger of special equipment directory by the State Council responsible for the supervision and management of special equipment safety departments to develop, reported to the State Council for approval and implementation.
Electrical equipment, boilers and pressure vessels belong to the use of common and outstanding safety problems of special equipment. Factory Safety and Hygiene Regulations" on the safe use of electrical equipment for detailed, specific provisions. Boiler, pressure vessel safety supervision of the Interim Regulations: "boiler, pressure vessel manufacturing unit must be in accordance with the relevant provisions of the strict implementation of the raw materials system, process management system and product quality inspection system to ensure product quality, unqualified products are not allowed to leave the factory".
In 2003, the State Council issued and implemented the "Regulations on the Safety Supervision of Special Equipment", boilers, pressure vessels (including cylinders, the same below), pressure piping, elevators, cranes, passenger ropeways, large amusement rides, seven categories of facilities for the special equipment, and clearly defined production (including the design, manufacture, installation, transformation, repair), the use of inspection, testing and supervision of the national inspection Category.
4. Fire and explosion safety rules
"Mine Safety Law Enforcement Regulations" stipulates that: "coal mines and other mines with the possibility of gas explosions, should be strictly enforced gas inspection system, no one may not carry tobacco and ignition appliances down and". The Fire Protection Law states, "Units producing, using, storing, or transporting flammable or explosive chemicals must implement the safety management regulations on flammable and explosive chemicals of the relevant competent departments of the State Council." "Personnel who do not understand the performance and safe operation of flammable and explosive chemicals and males shall not be engaged in the operation and custody of the work."
The Regulations on the Safe Management of Hazardous Chemicals, adopted at the 52nd executive meeting of the State Council on January 9, 2002, and in force since March 15, 2002, put forward specific requirements for safety measures to be taken in the production and use of flammable and explosive chemicals, their storage, operation, and transportation.
5. Safety conditions of the working environment
Article 34 of the Work Safety Law stipulates that workshops, stores and warehouses for the production, operation, storage and use of dangerous goods shall not be located in the same building as the employees' dormitories and shall be kept at a safe distance from the employees' dormitories. Production and business premises and employee dormitories shall be equipped with exits that meet the requirements for emergency evacuation, are clearly marked, and remain unobstructed. It is prohibited to close or block the exits of the production and business premises or employee dormitories. Factory Safety and Hygiene Regulations, the workplace access, lighting, safety signs, machines and workbenches and other equipment, such as the arrangement of more comprehensive provisions.
"Construction and Installation Safety Technical Regulations" stipulates: "The construction site should be in line with the safety and health requirements; ditches and pits within the site should be filled in, or set up fences and covers; generally not allowed to set up high-voltage lines within the construction site. The Mine Safety Law also regulates the safety exit of the mine, the straight-line horizontal distance between the exits, as well as the transportation and communication facilities between the mine and the outside world.
6. Individual Safety Protection
Article 37 of the Work Safety Law stipulates that production and operation units must provide employees with labor protective equipment that conforms to national standards or industry standards, and supervise and educate employees to wear and use it in accordance with the rules of use. Individual protective equipment is differentiated by its manufacturing purpose and the energy it transfers to the person, and there are two kinds of protection against causing acute and chronic injuries.
The Factory Safety and Hygiene Regulations stipulate that "electrical operators should be supplied with insulated boots and gloves by the factory according to their needs; high-altitude operations should be supplied with helmets and safety belts by the enterprise; factories and workshops that produce large quantities of poisonous gases should be equipped with anti-poisoning rescue gear." Labor Law, Coal Law, Mine Safety Law and other national laws and regulations have also made clear requirements for enterprises and institutions to provide workers with the necessary protective equipment.
3Occupational Health Regulations
Occupational health regulations refer to the various regulations and norms formulated by the state in order to improve labor conditions, protect the health of workers in the production process, and prevent and eliminate occupational diseases and occupational poisoning. Here include both the provisions of occupational health safeguards, but also the provisions on preventive health care measures.
China's current occupational health regulations are: the National People's Congress promulgated the "Environmental Protection Law", "Township and Village Enterprises Law", "Coal Law", etc., the State Council promulgated the "Factory Safety and Health Regulations", "Prevention and Control of Occupational Diseases Law", "Regulations on the Protection of Radioisotopes and Radiation Devices", etc., the relevant departments promulgated the "Industrial Enterprise Design Health Standards", "Industrial Enterprise Noise Health Standards for Industrial Enterprise Design", "Health Standards for Industrial Enterprise Noise", "Interim Health Standards for Microwave Radiation", "Interim Measures for Preventing Heat Stroke and Cooling", "Measures for the Management of Health Monitoring in the Chemical System", "Measures for the Management of Labor Hygiene in Rural and Township Enterprises", "Measures for the Scope of Occupational Diseases and for Handling of Occupational Diseases Patients", etc. On May 1, 2002, China formally implemented the "Occupational Disease Prevention and Control Act", which has improved the management of the regulations on prevention and control of occupational diseases in China to a new level.