Recently, the public interest litigation procurator of the Yunhe County Procuratorate in Zhejiang Province once again walked into the Yangliuhe Industrial Park in the county. Here the enterprises are concentrated, and forklift trucks are widely used. Prosecutors found that the phenomenon of forklifts "rampaging" in the past has disappeared.
In July 2021, the Yunhe County Procuratorate launched a special supervision action for public interest litigation on production safety, visiting and investigating industrial parks, enterprises, and main roads in the county. In the course of the investigation, the procurator found that the forklift truck was put on the road in violation of the law, put into use without registration and license, the forklift driver did not have a special equipment operator certificate to operate on the job, and illegal parking loading and unloading, which seriously threatened the safety production of enterprises and the safety of people's lives and property.
The problems existing in the use of forklift trucks have been clarified, but after carefully reviewing relevant laws and regulations, prosecutors have found that there are law enforcement problems such as overlapping departmental responsibilities and unclear laws and regulations in forklift supervision. Which department should be supervised to perform its duties in accordance with the law? The procurator visited the county's market supervision bureau, emergency management bureau, public security bureau traffic police brigade and other departments and three law firms in the county to listen to opinions, and relying on the external cooperation mechanism, actively used the "expert argumentation" model, invited judges and full-time lawyers of the administrative divisions of yunhe county and Qingyuan county courts to hold expert consultation and discussion meetings. Through the demonstration of the responsibility of forklift management, as well as the comprehensive sorting out and interpretation of laws and regulations, and the discussion of relevant cases, the participants agreed that although the current laws and regulations are lagging behind, it does not prevent the market supervision bureau, as the competent department, from performing its duties according to law and comprehensively supervising the safe use of forklifts.
Expert arguments give professional opinions, and the use of forklift safety specifications is related to the development of enterprises and the safety of the masses, what good suggestions do the relevant departments and the masses have for forklift management? The Yunhe County Procuratorate invited relevant functional departments, people's supervisors, people's congress deputies, etc. to hold public hearings to jointly discuss and solve problems such as irregular use of forklift trucks, and further clarify management responsibilities. The hearing officers agreed that the relevant functional departments should strengthen the supervision of the use of forklifts to ensure the safety of forklift use.
In September 2021, the Yunhe County Procuratorate issued a procuratorial recommendation to the County Market Supervision Bureau, urging it to perform its duties in accordance with the law, take effective measures to supervise the safe use of forklift trucks, and propose to establish a cross-departmental linkage mechanism to promote the normalization of forklift use supervision. Yunhe County Market Supervision Bureau immediately joined hands with the County Emergency Management Bureau, the Comprehensive Law Enforcement Bureau and other departments to carry out special inspection operations on forklift safety and strengthen the publicity of the safe use of forklifts. During the operation, the functional departments added 21 newly registered forklifts, issued 35 forklift special equipment operator certificates, issued 8 supervision instructions, filed and investigated 1 case, and selected 2 forklifts to access the Zhejiang special equipment online platform management, and obtained forklift GPS and operation information in real time by scanning the code.
In order to promote the implementation of procuratorial suggestions, the Yunhe County Procuratorate, together with the County Market Supervision Bureau, the Emergency Management Bureau, the Comprehensive Law Enforcement Bureau, and the Public Security Bureau, jointly formulated the Several Opinions on Strengthening the Coordination and Cooperation between Public Interest Litigation Prosecution and Regulatory Law Enforcement in the Field of Forklift Safety Production, which further promotes the normalization of forklift management and promotes the quality and efficiency of regulatory law enforcement. (Fan Yuehong, Zhang Gong Gong, Wu Chenhong)
(Procuratorial Daily)
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