On September 18, the State Energy Administration announced three typical law enforcement cases of safety production supervision. Among them, one case involves the photovoltaic field.
On January 11-12, 2023, Fujian Energy Construction and Management Office launched an inspection of a new energy power generation company. It was found that the company had violated Article 21 of the Safety Production Law by failing to implement the responsibility system for safety production and carrying out three-level safety education and training for dispatched workers. Therefore, Fujian Energy Regulatory Office imposed a fine of 50000 yuan on the principal person in charge of the company and a fine of 100000 yuan on the company according to law.
The original text is as follows:
Case 1: The case
of administrative penalty imposed by the North China Regulatory Bureau of the National Energy Administration on a thermal power company On March 6, 2023, during the unit maintenance of a thermal power company, the service personnel of the soot blower manufacturer were dealing with the defects of the soot blower. There was a production safety accident of falling from a high place. On March 7-8, 2023, the North China Energy Regulatory Bureau carried out a law enforcement inspection on the safety production of the enterprise, and found that some scaffolding at the construction site of Unit 4 of the enterprise lacked sweeping poles, protective railings and foot boards, some scaffolding boards were not fully laid, some scaffolding railings were bound on the threading pipes, and the scaffolding boards were not bound. Relevant requirements in Article 4.4.4, Article 4.4.5 and Article 5.2.4 of General Code for Construction Scaffolding (GB55023-2022) are not met, and there is accident potential, and no measures are taken to eliminate the accident potential. The law enforcement officers of the North China Energy Regulatory Bureau conducted relevant investigations. On April 7, 2023, the North China Energy Regulatory Bureau formally filed an investigation into the enterprise. On June 27, 2023, the North China Energy Regulatory Bureau issued the Decision on Administrative Penalty to the enterprise.
After investigation, it was found that the enterprise had not taken measures to eliminate the hidden dangers of accidents, which violated the relevant provisions of Article 41, paragraph 2, of the Safety Production Law that "production and business units shall establish, improve and implement the system of investigation and management of hidden dangers of production safety accidents, adopt technical and management measures to discover and eliminate hidden dangers of accidents in time". According to Article 102 of the Safety Production Law, the North China Energy Regulatory Bureau imposed a fine of 25000 yuan on the enterprise.
Case 2: The case
of administrative penalty imposed by the Shanxi Regulatory Office of the National Energy Administration on a new energy company On September 7, 2022, the Shanxi Energy Regulatory Office conducted an on-site inspection of a wind power construction project of a new energy company. It was found that Fan Mou and Cao Mou, two construction workers of the booster station, had no record of personnel entering the factory, no record of personnel safety training and disclosure. The law enforcement officers of Shanxi Energy Regulatory Office conducted relevant investigations. On April 27, 2023, Shanxi Energy Regulatory Office formally filed an investigation into the enterprise. On July 26, 2023, Shanxi Energy Regulatory Office issued the Decision on Administrative Penalty to the enterprise.
After investigation, it was found that the enterprise did not carry out safety production training and education in accordance with the regulations, and violated the provisions of Article 28 of the Safety Production Law that "production and business units shall establish safety production education and training files, and truthfully record the time, content, participants and assessment results of safety production education and training". According to Article 97 (3) of the Safety Production Law, Shanxi Energy Regulatory Office imposed a fine of 50000 yuan on the company.
Case 3: The Fujian Regulatory Office of the National Energy Administration imposed an administrative penalty
on a new energy power generation company from January 11 to 12, 2023. Fujian Energy Regulatory Office found the following problems in the process of "looking back" on the special supervision of major hidden dangers in power safety production and the general inspection of power safety production at the end of the year and the beginning of the year for a new energy power generation company: the safety management of a photovoltaic power station affiliated to the company was entrusted to a third-party operation and maintenance unit, and the contingency plan review and drilling were organized and carried out by the third-party company; The company has not formulated and issued the safety production responsibility system for all employees, and the reviser, reviewer and approver of the safety production responsibility system for all employees of the photovoltaic power station are all personnel of the third party company; the safety skills training plan of the company in 2022 has not been formulated and implemented by the main responsible person of the company; the company has not carried out three-level safety education and training for the operation and maintenance personnel assigned by the third party company. The law enforcement officers of Fujian Energy Regulatory Office conducted relevant investigations. On January 31, 2023, Fujian Energy Regulatory Office formally filed an investigation into the enterprise. On April 17, 2023, Fujian Energy Regulatory Office issued the Decision on Administrative Penalty to the enterprise.
After investigation, it was found that the company had committed illegal acts such as failing to implement the responsibility system for production safety and failing to carry out three-level safety education and training for dispatched workers. First, in violation of Article 21 (1), (3) and (6) of the Production Safety Law, "The principal responsible person of a production and business operation entity shall bear the following responsibilities for the work of production safety of the entity: (1) Establish, improve and implement the responsibility system for production safety of the whole staff of the entity, and strengthen the standardization of production safety.." (Three) organize the formulation and implementation of the unit's safety production education and training plan. (6) To organize the formulation and implementation of the emergency rescue plan for production safety accidents of the unit, the second is to violate Article 28 of the Safety Production Law of the People's Republic of China, "If the production and business operation unit uses the dispatched workers, the dispatched workers shall be included in the unified management of the employees of the unit, and the dispatched workers shall be included in the unified management of the employees of the unit." Educate and train the dispatched workers on post safety operation rules and safety operation skills. Labor dispatch units shall carry out necessary safety production education and training for the dispatched workers. Fujian Energy Regulatory Office imposed a fine of 50000 yuan on the principal person in charge of the company in accordance with Article 94 of the Safety Production Law, and a fine of 100000 yuan on the company in accordance with Article 97 (3).
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