The main experiences and practices of developed countries in occupational safety and health are as follows.
Promote modern occupational safety and health legislation
1974, Britain promulgated the Occupational Safety and Health Act, which established the principle of "whoever generates risks should manage", adopted broad target setting, and provided balanced and clear targets and risk-based management methods. As soon as the law was promulgated, it became the "blueprint" of many countries, and the Federal Republic of Germany, Canada, Finland, Mexico, Bolivia, Venezuela, Australia and other countries used it for reference.
Compared with traditional legislation, this law has made a qualitative breakthrough. In traditional legislation, each regulation is aimed at an industry or field, and only mandatory provisions are made. Enterprises will only passively implement, and regulators can only enforce the law according to the rules. The whole supervision system lacks inherent unity and flexibility. On the basis of the British Occupational Safety and Health Act, developed countries have gradually formed the following legislative characteristics in establishing and perfecting modern occupational safety and health laws and regulations.
Pay attention to systematicness and build a strict system.
The basic structure of modern occupational safety and health laws and regulations system established in developed countries is: laws, regulations, standards or norms. Developed countries in the world generally regard labor law or occupational safety and health law as the basic law to ensure safety and health, which is passed by Congress and signed by the President. As a general obligation, the Basic Law is universal and applicable to all kinds of industries and employees, which makes the whole legal system inherently unified and open. Under the guidance of the Basic Law, the Industry Safety and Health Law can be formulated as needed, and government departments can formulate subsidiary regulations, standards or codes under the authorization of the Basic Law or the Industry Safety and Health Law. The Regulations further elaborated the objectives and principles of the Basic Law, while the Standards stipulated the specific methods, means and technical requirements to achieve these objectives. In this way, the country has formed a strict legal system that complements each other, is standardized and orderly, and is from general to specific.
Determine the minimum standards and encourage practical innovation.
An important feature of modern occupational safety and health law in developed countries is authorization. In the three-level system of laws, regulations, standards or norms, standards or norms establish the minimum standards, but they are not mandatory. The law generally authorizes employers to manage and control risks according to the actual situation, that is, if employers can prove that their practices are equal to or higher than standards or norms, their practices are in compliance with the law. On the contrary, if it is not possible, the practices specified in the standards or specifications must be followed. Such regulations not only maintain the normative requirements, but also enhance the flexibility and openness of the whole legal system, encourage employers to practice extensively and innovate boldly, and promote the rapid development of safety and health management and technology.
For example, Article 37 of the Queensland Coal Mine Safety and Health Act 1999 in Australia stipulates: "If the standard provides one or more methods to achieve an acceptable risk level ... only by: (a) adopting and observing the methods specified in the standard; Or (b) adopt and abide by other methods equal to or better than those specified in the standard, so as to make the risk reach an acceptable level. " This shows that the standard is not mandatory, and enterprises can take measures flexibly according to the actual situation. In addition, the employer is authorized by law to establish its own coal mine safety and health management system and report it to the government for approval and implementation, but at the same time, the "200 1 Coal Mine Safety and Health Regulations" has made some mandatory provisions for major hazards such as emergency response, gas management, gas drainage, mine ventilation, spontaneous combustion and roof control, which fully embodies the coexistence of standardization and flexibility.
Strengthen employer's responsibility and promote self-management.
Modern occupational safety and health laws in developed countries generally stipulate the obligations of employers and workers one by one, and explicitly require employers to be responsible for ensuring safe production and occupational health. These include: the employer must eliminate the risk or reduce the risk to a practical range; Establish a safety production system; Provide information and training for employees, guide and supervise employees' safety in production, etc. In recent years, the United Kingdom and other countries have issued "Safety Status Report" for high-risk industries.
Case) stipulates that the employer is required to fulfill the safety responsibility of the whole process by legal means, and at the same time it becomes a powerful starting point for the government to supervise the employer.
1957 10 June 10, the world's first nuclear power plant accident occurred in Winskell, west of Cumbria, England, which prompted the Nuclear Devices Act promulgated in 1965 to stipulate that all nuclear devices must be approved by the government and certificates must be submitted to the government before they are put into operation.
The fundamental impact on the legislation of the Safety Status Report occurred in the North Sea area of the British continental shelf on July 6, 1988.
Alpha) Big explosion and fire accident of oil and gas platform, resulting in 167 deaths and destroying the platform 1 billion dollars. The British Energy Minister appointed Sir Karen to form a government investigation team to conduct a comprehensive and detailed investigation into the accident. The investigation report pointed out: "At first, we thought that insensitivity was the only main cause of occupational accidents, mainly because people thought that as long as the number of supervisors and laws and regulations continued to expand, the safety and health of operators could be guaranteed." The report also pointed out: "Our current system relies too much on national laws and regulations and too little on individual responsibilities and obligations and self-role. This imbalance should be corrected. " The Karen report * * * put forward 106 recommendations, of which three have the most far-reaching influence. First, establish a safety management system (SMS); The second is to strengthen self-safety management; The third is to submit a security status report. These three articles emphasize that enterprises should independently establish a more effective self-safety management system, so that enterprises have more initiative in management and need more workers to participate in safety management, and the government provides legal protection for enterprises to establish more effective self-management. Subsequently, Britain stipulated that all offshore facilities must submit safety status reports after May 1993 and 3 1, and then update them every 3-5 years. 1995, Britain promulgated the Regulations on Offshore Installations (Safety Status Report).
The safety status report is mainly composed of arguments and evidence, which support each other. The evidence should prove the reliability of the argument, and the argument should show that the evidence is sufficient and relevant, thus effectively supporting the security of the system. The security status report includes the following aspects: first, a specific description of the system, environment and activities; The second is the safety management system; Third, a series of evidences that can prove that the system meets and abides by the requirements of relevant laws, regulations, standards and policies; Fourth, a series of evidences to prove that risks are effectively identified, properly controlled and residual risks are acceptable; Fifth, the third party proves that the evidence and arguments submitted in the report are sufficient. The safety status report must be submitted to the government for approval.
The safety status report gives the initiative of enterprise risk management and control to the employer, and the whole safety management system is completely planned, designed, implemented and modified by the employer, who proves the safety and reliability of its operation system to ensure the safety of the device during its whole life cycle. It greatly strengthens the responsibilities and obligations of employers. In addition to offshore operations, Britain has also promulgated the Regulation on Hazard Control of Major Industrial Accidents (1994), which is mainly aimed at the supervision of dangerous chemicals, and the Railway Regulation (Safety Status Report) (1994), which is aimed at railway safety supervision. In addition, the EU and Australia have also enacted legislation on the safety status report of high-risk industries.
Pay attention to prevention in advance and strengthen risk management.