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Strengthen awareness of the rule of law and guard the bottom line of safety
01
Brief facts of the case
On February 2, 2023, the relevant administrative law enforcement department went to a new material technology company to conduct an inspection, and when checking the company's "Registration Form for Investigation of Hidden Dangers in Safety Production Inspection", it was found that there was no inspection record led by Chen Moumou, the main person in charge of the company. After verification, Chen Moumou, the main person in charge of the company, did not implement the dual prevention mechanism for the investigation and management of potential safety hazards, and did not lead a team to inspect the safety production work of the unit. The law enforcement officers issued a "Rectification Instruction within a Time Limit" on the spot, ordering Chen Moumou, the main person in charge of the company, to correct the illegal acts within a time limit.
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Process the results
According to Article 94 of the Work Safety Law of the People's Republic of China, the relevant administrative law enforcement department imposed a fine of 20,000 yuan on Chen, the main person in charge of the new material technology company.
02
Expert Commentary
According to Item 5 of Article 21 of the People's Republic of China Work Safety Law, the main person in charge of the production and business operation entity shall be responsible for organizing the establishment and implementation of the dual prevention mechanism of safety risk grading control and hidden danger investigation and management, supervising and inspecting the safety production work of the unit, and eliminating the hidden dangers of production safety accidents in a timely manner. If the main person in charge of the production and business operation entity fails to perform the above-mentioned safety production management duties, a fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed in accordance with the first paragraph of Article 94 of the People's Republic of China Work Safety Law; If the correction is not made within the time limit, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed, and the production and business operation unit shall be ordered to suspend production and business for rectification. In this case, Chen, as the main person in charge of the company, failed to implement the dual prevention mechanism for the investigation and management of potential safety hazards, and failed to lead a team to inspect the safety production work of the unit, and should be punished in accordance with the provisions of this article.
In this issue of "Popularizing the Law with Cases", how much have you mastered? Hurry up and test yourself~
Self-test of knowledge points
According to the Work Safety Law of the People's Republic of China, the production and operation units ( ) are responsible for organizing the establishment and implementation of a dual prevention mechanism for the safety production work of the unit, supervising and inspecting the safety production work of the unit, and eliminating the hidden dangers of production safety accidents in a timely manner.
A. Main person in charge
B. Full-time person in charge of safety production
C. Safety production management personnel
Source: Emergency Popularization of Law
Editor/Producer: Deng Boya
Reviewer: Tang Yuandong
Review: Liu Chunxiang