Recently, a headline fan asked the editor" "Hello, my husband was taken away by the police without a welder's license, what will I do now?" Here's a reply:
The absence of a welder certificate is an unlicensed operation, and the appropriate penalties are: the Work Safety Law of the People's Republic of China, the Fire Protection Law of the People's Republic of China, the Regulations on the Administration of Safety Production of Construction Projects and other relevant laws and regulations.
If the on-the-job personnel take up their posts without special operations and without a certificate, they shall be liable: Article 82 of the Production Safety Law of the People's Republic of China If a production and business unit commits any of the following acts, it shall be ordered to make corrections within a time limit; if it is not corrected within the time limit, it shall be ordered to stop production and business for rectification, and may also be fined not more than 20,000 yuan:
(1) Failing to follow provisions to establish a safety production management organization or appoint a production safety management personnel;
(2) The principal responsible persons and safety production management personnel of units producing, operating, or storing dangerous goods, as well as mining and construction units, fail to pass the assessment in accordance with regulations;
(3) Failing to conduct production safety education and training for employees in accordance with the provisions of Articles 21 and 22 of this Law, or failing to truthfully inform employees of relevant production safety matters in accordance with the provisions of Article 36 of this Law;
(4) Special operations personnel who have not followed provisions to undergo special safety operation training and obtain special operation qualification certificates, and are put into operation.
Article 90 Where the employees of a production and business unit disobey management and violate the rules and regulations or operating procedures for production safety, the production and business unit shall give criticism and education and give sanctions in accordance with the relevant rules and regulations;
In addition, article 62 of the Regulations on the Administration of Work Safety in Construction Projects stipulates administrative penalties for those who engage in special operations without training and assessment; if a major safety accident is caused and constitutes a crime, the directly responsible personnel shall be investigated for criminal liability in accordance with the relevant provisions of the Criminal Law.
Article 40 of the "Provisions on the Administration of Safety Technical Training and Assessment of Special Operations Personnel" Where a production and business unit uses special operators who have not obtained a special operation certificate to work, it shall be ordered to make corrections within a time limit; if it is not corrected within the time limit, it shall be ordered to stop production and stop business for rectification, and may also be fined not more than 20,000 yuan. Where a coal mining enterprise uses special operators who have not obtained a special operation certificate to work on the job, it shall be punished in accordance with the provisions of the Special Provisions of the State Council on the Prevention of Safety Accidents in Coal Mine Production。 Perhaps you will find the answer in the following case:
Case 1:
Jingzhou: 44-year-old unlicensed welder was detained for 11 days for a fire caused by a regulatory operation
On April 22, welder Zhu Mou was administratively detained by the Jianli County Public Security Bureau for 11 days due to negligence caused a fire. The incident occurred at 4 p.m. on April 16, when a fire broke out in a home factory building in Jianli County, Jingzhou City, with an area of about 300 square meters, causing no casualties or major property damage. After investigation, the cause of the fire was the spark generated by the welder Zhu Mou during the welding operation to ignite the thermal insulation cotton on the roof of the factory building, and the slag generated by the combustion of the thermal insulation cotton ignited the weaving bag accumulated below, resulting in the expansion and spread of the fire. Zhu Mou, 44 years old this year, is a native of Jianli County, who has never undergone any fire safety training or obtained relevant welding operation certificates, which is a violation of regulations and welding operations.
Case 2:
Changsha: Unlicensed welders operated illegally, resulting in a sudden fire in the hotel
A substation box on the Huangjiang Highway in Huangxing Town, Changsha caught fire, and the fire brigade arrived and dealt with it urgently. In view of the recent high incidence of fires, today, Changsha Fire Department launched a "look back" action to publicly expose the "Xingyuan Hotel" in Dongtang. An unlicensed welding worker at Xingyuan Hotel caused a fire that caused hundreds of people to escape in distress. Currently, the welder is in police custody.
Case 3:
Zhejiang: Jiashan Public Security severely punished several illegal operators
A few days ago, when the police of the Weitang Police Station of the Public Security Bureau of Jiashan County, Zhejiang Province, conducted daily fire supervision and inspection of enterprises under their jurisdiction, they found that a number of unlicensed welders used welding operations in violation of the law, and according to the Fire Protection Law, the public security organs imposed administrative detention of 4 personnel who operated in violation of the law for 2 days.
A few days ago, when the police of the Weitang Police Station of the Jiashan County Public Security Bureau conducted daily fire supervision and inspection of the enterprises under their jurisdiction, they found that a number of unlicensed welders used welding operations in violation of the law, and according to the Fire Protection Law, the public security organs imposed administrative detention for 2 days on 4 personnel who operated in violation of the law.
Reminder:
Welding belongs to the special industry, and the personnel who carry out welding operations must hold a certificate to work, and it is illegal to operate without a license.
Welding operations are extremely dangerous behaviors, individuals or units need welding construction work, must be operated by professionals with welding operation qualifications.
Article 21 of the Fire Protection Law of the People's Republic of China stipulates that personnel who carry out fire-hazardous operations such as electric welding and gas welding and operators of automatic fire protection systems must hold certificates and comply with fire safety operating procedures.
Article 63 stipulates: Whoever uses an open flame in violation of regulations or smokes or uses an open flame in a place with a risk of fire or explosion may be given a warning or a fine of not more than 500 yuan, and if the circumstances are serious, he shall be detained for not more than five days.
Case citation source: https://www.sohu.com/a/313008634_367734
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