Shandong Official Order! 1 People Will Be Faced With An Accident And A Criminal Investigation.

In December 9th, in view of the fact that the main responsibilities of enterprises were not implemented and difficult to implement, the four departments of the Shandong emergency management department, the Shandong Provincial Higher People's court, the Shandong people's Procuratorate and the Shandong Provincial Public Security Bureau jointly issued the "opinions on strengthening the implementation of the main responsibilities of enterprises' safety production" (hereinafter referred to as the "opinions"), highlighting the key points for the implementation of corporate responsibilities, and establishing four systems for investigating the responsibility of accidents, and urging the main responsibility of enterprises to further implement their responsibilities.

The opinions clearly define the standard of filing criminal cases for accidents. A criminal investigation was carried out on enterprises that had caused 1 or more deaths, 3 seriously injured and 1 million yuan or more.

The "opinions" shall be implemented on the date of issuance and shall be valid until December 8, 2024.

In view of the outstanding problems such as the "Three Violation" phenomenon in the field of safety production, the lack of education and training, the failure to establish a double prevention system, and the ineffective development of emergency rescue, the opinions further put forward the establishment and improvement of the system and mechanism to promote the implementation of the main responsibility, and enhance the effectiveness, effectiveness and operability of the implementation of the main responsibility.

The opinion put forward that we should improve the responsibility system for all staff safety production so that every employee can understand what should be done; improve the safety production management system and operation rules, so that every employee understands what should not be done and how to do it; conscientiously grasp the safety education and training for all staff, improve the ability of enterprise staff to implement the main responsibility of enterprises, improve the dual prevention system, ensure the insecurity of human beings, the insecurity state of things and management defects, and timely and effectively manage them; strengthen emergency management, and minimize the extent of casualties and property losses after accidents.

In view of the outstanding problems that the main responsibility of the enterprise is not implemented and difficult to implement, the opinions put forward measures such as supervision, restriction and punishment, including economic, administrative, law enforcement, and other measures that should be taken by departments responsible for the supervision and administration of production safety.

In order to increase the accident responsibility, the Opinions also put forward four systems for investigating the responsibility for accidents.

At the provincial level, for the first time, we should clarify the criminal responsibility system before the accident occurred in the field of safety production.

It is clear about the penalties applicable to illegal production and operation of fireworks and related crimes and illegal production and operation of dangerous chemicals, and severely crack down on all kinds of illegal production, operation and construction in the field of production safety.

Establish a system for production safety responsibility accident shutdown and rectification.

In accordance with the relevant provisions, the opinions put forward that enterprises with 1 or more accidents responsible for production safety accidents may cause further accidents such as secondary derivatives and other accidents which are likely to cause further safety and production conditions. The departments responsible for the supervision and administration of production safety shall order enterprises to temporarily suspend production or suspend production or suspend business for rectification.

Establish a criminal investigation system for production safety responsibility accidents.

In accordance with the relevant provisions, the "opinions" clearly define the criminal liability filing standards for accidents, and require relevant departments to initiate criminal investigations on enterprises that cause 1 or more deaths, 3 seriously injured and 1 million yuan or more economic losses. In order to strengthen the supervision over the criminal accountability process of the suspects in production safety, the application for bail pending on the part of the principal person in charge and the actual controller is put forward. The courts, procuratorates and public security organs at all levels shall take a prudent attitude according to the principle of "who signs, who approves and who is responsible".

Establish a joint disciplinary system for production safety responsibility accidents.

In accordance with the relevant provisions, the opinions put forward joint law enforcement for enterprises with 1 or more accidents of production safety responsibility, and implemented joint punishment, so that the illegal cost of enterprises is much higher than that of early stage. The principal person in charge of an enterprise who has been investigated for criminal responsibility for an accident shall not be the principal person in charge of any enterprise within five years from the date of the execution of the penalty. If he is responsible for any serious accident, he shall not be the principal person in charge of the industry for life. The leading group of state-owned (holding) enterprises with a large number of accidents or successive deaths can not enjoy the year-end assessment awards, and the principal responsible persons can not participate in the excellent tree activities.

The Opinions also put forward that emergency departments at all levels and other departments, public security organs, people's procuratorates and people's courts that are responsible for the supervision and management of production safety should establish a long-term working mechanism for the joint implementation of administrative law enforcement and criminal justice in production safety.