On February 27, the Ministry of Emergency Management issued a circular on strictly regulating the law enforcement of production safety.
adheres to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, Fully implement the spirit of the 20th National Congress and the Third Plenary Session of the 20th Central Committee of the Communist Party of China, thoroughly study and implement the spirit of General Secretary Xi Jinping's important instructions on safe production and optimizing the business environment, adhere to the supremacy of the people and life, coordinate development and safety, improve the quality and efficiency of law enforcement, and promote the solution of the high frequency and arbitrariness of safety inspection in some areas. To solve the problems of "loose and soft" supervision and law enforcement and inadequate implementation of corporate responsibility, we should continue to promote the rectification of formalism to reduce the burden at the grass-roots level, resolutely shoulder the political responsibility of preventing and resolving major security risks, promote the benign interaction between high-quality development and high-level security, and provide more powerful security guarantee for promoting Chinese-style modernization.
2. Strictly formulate and implement the annual law enforcement inspection plan. In accordance with the requirements of the Opinions of the Ministry of Emergency Management on Strengthening the Law Enforcement of Safety Production (Emergency [2021] 23), the list of key law enforcement inspection enterprises should be accurately determined, the annual law enforcement inspection plan for safety production should be scientifically compiled, and the relevant requirements should be put on record. For key inspection enterprises, in principle, law enforcement inspection shall be conducted at least once a year. In view of the strong reaction of the people, the high degree of social concern and the key problems exposed by typical accidents, special inspections can be deployed according to law, the scope, content and time limit of inspections can be strictly controlled, quantity control can be carried out as required, and special inspection plans can be formulated and submitted to the people's governments at or above the county level for the record. We will resolutely avoid the phenomenon of selective law enforcement, such as only inspecting enterprises with high safety management level and low safety risk, and put an end to the situation of building "model houses" and "classic routes" for enterprises to meet the inspection.
3. Improve the system of classified and graded law enforcement and inspection. Before the law enforcement inspection, the emergency management departments at all levels inquire about the annual inspection of the law enforcement objects by means of "sweeping the code into the enterprise", and the cumulative law enforcement inspection of the first-level enterprises in the field of safety production standardization in high-risk industries shall not exceed 2 times in the year, the cumulative law enforcement inspection of the second-level enterprises in the field of safety production standardization shall not exceed 4 times, and the cumulative law enforcement inspection of the third-level enterprises in the field of safety production standardization shall not exceed 8 times. Enterprises that have not carried out standardized grading have no more than 12 cumulative law enforcement inspections in the year. The cumulative law enforcement inspection of the first-level enterprises of safety production standardization in non-high-risk industries shall not exceed once a year, the second-level enterprises of standardization shall not exceed twice a year, the third-level enterprises of standardization shall not exceed four times a year, and the enterprises that have not carried out standardization grading shall not exceed six times a year. In view of the serious illegal acts found in complaint reporting, transfer and data monitoring, law enforcement inspection and investigation and verification can be carried out in a timely and rapid manner in accordance with the law and regulations, and can not be limited by the upper limit of frequency. If some regions or industries have implemented classified and graded supervision and law enforcement, the law enforcement subject shall scientifically and reasonably determine the frequency of law enforcement inspection and define the upper limit of annual law enforcement frequency in the light of the risk rating of enterprises.
4. Establish and improve a multi-level coordinated law enforcement and inspection mechanism. In order to properly handle the relationship between hierarchical law enforcement and territorial supervision, except for special circumstances such as complaints and reports, in principle, "one enterprise corresponds to one level of law enforcement subject", the higher emergency management department should adopt the way of joint inspection with the lower emergency management department when carrying out spot checks on the law enforcement inspection of the lower responsible enterprises. Emergency management departments at all levels should avoid repeated inspection and multiple inspection of the same law enforcement matters of the same enterprise, and put an end to all kinds of enterprise entry inspection without actual content. In addition to follow-up review and supervision of rectification and implementation after finding hidden problems, the lower emergency management departments will no longer repeat law enforcement inspections on relevant enterprises in principle.
Fifth, precisely focus on the content of law enforcement inspection. In accordance with the Catalogue of Guidance for Comprehensive Administrative Law Enforcement Matters in Emergency Management (2023 Edition) and local realities, we should refine and improve the catalogue of law enforcement matters in the region, clarify the name of law enforcement matters, the main body of implementation and the legal basis, and make it public in an appropriate way and accept social supervision. According to the catalogue of law enforcement items and the criteria for determining the hidden dangers of major accidents, a list of key items for law enforcement and inspection in various industries should be established, including the investigation and rectification of hidden dangers of major accidents, the performance of the principal responsible persons and employees of enterprises, the establishment and operation of the safety production management system of enterprises and other high-risk items that may lead to major accidents. Supervise and promote enterprises to "investigate major problems, eliminate major hidden dangers and prevent major accidents".
6. Strictly implement law enforcement and inspection procedures. It is strictly forbidden to organize and carry out law enforcement inspection without subject qualification. It is strictly forbidden for inspection and testing institutions, scientific research institutes and other third parties to carry out law enforcement inspection, for outsourcing to intermediaries to carry out law enforcement inspection, and for technical inspectors, grid workers, temporary workers and other staff who have not obtained administrative law enforcement certificates to carry out law enforcement inspection, but they can carry out auxiliary work under the leadership of law enforcement personnel. It is strictly forbidden to carry out inspections in different places in violation of regulations, which can be carried out under the unified deployment of higher authorities. Law enforcement inspections should be carried out in accordance with the law, the number of on-site inspectors should be strictly controlled, and no accompanying at all levels should be required. Before the implementation of law enforcement inspection, the on-site inspection plan should be formulated and approved by the person in charge of the emergency management department, and the administrative law enforcement procedures such as filing, investigation and evidence collection, transfer and transfer, notification of hearing, examination and decision, service and execution, reconsideration and litigation, and filing of cases should be strictly enforced so as to achieve clear facts, sufficient evidence and well-founded punishment. To avoid the problems of multiple inspections, such as different standards and contradictory rectification opinions on the same matter.
7. Strengthen the inspection of law enforcement enabled by science and technology informatization technology. We should fully apply the "Internet + law enforcement" and other information systems, continue to promote the integration of the national law enforcement information system and the construction of "a chess game", and resolutely avoid repeating the data and increasing the burden of grass-roots law enforcement personnel. We should actively use advanced technologies such as big data and artificial intelligence to enable precise law enforcement, explore and develop intelligent identification and reminder systems and equipment for illegal acts and hidden dangers of major accidents, and promote the off-site law enforcement mode featuring remote supervision, mobile supervision and early warning provention and control, which combines "online + offline", so as to gradually reduce the frequency of on-site law enforcement inspection and improve the efficiency of inspection.
8. Strictly and accurately implement administrative penalties. It is necessary to implement "one-time notification, whole-process tracking and timely review" to urge enterprises to do a good job in rectifying and implementing hidden problems and closed-loop management. For serious illegal acts, measures such as "double punishment in one case", joint punishment, suspension of production and business for rectification, closure and banning should be taken according to law, and suspected crimes should be transferred to judicial organs for criminal resp onsibility according to law. We should standardize the use of administrative compulsory measures such as seizure and seizure according to law, strictly prohibit arbitrary seizure and seizure, and minimize the impact on the normal production and operation activities of enterprises. We should adhere to the principle of equal punishment and tempering justice with mercy, comprehensively analyze the circumstances of violation, the degree of fault, the situation of rectification and other factors, standardize the exercise of administrative penalty discretion, and avoid such problems as "too light and too heavy", "different penalties for similar cases" and "improper punishment".
9. Explore the implementation of inclusive and prudent supervision and law enforcement. We should adhere to the principle of combining education, guidance and punishment, on the basis of firmly adhering to the bottom line of safety, and in light of the actual situation, we should refine the applicable circumstances of exemption from punishment for minor violations, explore and formulate a list of "first violation without punishment" items, lighter or mitigated administrative punishment items according to law, and report, properly handle and not cause consequences on our own initiative. Be lightened, mitigated or exempted from punishment according to law. For the application of inclusive and prudent supervision measures, law enforcement officers shall point out the illegal acts to the parties concerned, publicize relevant laws and regulations, put forward rectification requirements, and sign rectification opinions by the person in charge of the enterprise. If the enterprise fails to implement the rectification requirements, it shall be punished in accordance with the law.
10. Promote enterprises to improve the reporting system of self-examination and self-correction of internal hidden dangers. In the process of law enforcement and inspection, we should strengthen publicity and guidance, promote the principal responsible persons of enterprises to play a leading role in the "first responsible person" of production safety, and dynamically study and organize the investigation and remediation of major accident hidden dangers in enterprises. The principal responsible person of the enterprise shall designate a member of the leading group, organize the internal safety management organization of the enterprise, the trade union of the enterprise, the representatives of employees and the registered safety engineers to form an internal safety inspection team of the enterprise, inspect the hidden dangers of major accidents of the enterprise at least once a quarter, and report the inspection to the principal responsible person of the enterprise and the emergency management department with jurisdiction in the territory. The principal responsible person of the enterprise shall participate in at least one inspection every year. The hidden dangers of major accidents found by the enterprise's self-examination have been reported in accordance with the regulations and are being eliminated by effective measures, and shall not be punished according to law; If the hidden dangers of major accidents are not inspected, reported or rectified, and the emergency management department finds the hidden dangers of major accidents in the later stage of spot checks, the principal responsible person of the enterprise shall be punished in accordance with the law, and the personnel of the internal safety inspection team of the enterprise shall be investigated for responsibility and accurately pursued.
11. Guiding and standardizing the safety inspection of enterprises involved in towns (streets). Towns and townships (streets) should be encouraged to carry out law enforcement inspections in strict accordance with their statutory authority or authorization, and matters that do not fall within the scope of their responsibilities or that cannot be effectively undertaken by towns and townships (streets) should not be undertaken by towns and townships (streets), so as to solve the outstanding problems of "small horse-drawn carts" in grass-roots governance and effectively reduce the burden on grass-roots units. We should strengthen line management and business guidance, promote towns (streets) to strictly control the number of inspections, and resolutely avoid inefficient inspection methods such as "punch card" and "cross". For enterprises that have been inspected by emergency management departments at all levels, the township (street) shall, in principle, not repeat the inspection of similar law enforcement matters of the enterprise within the year.
12. Strengthen law enforcement guidance services. We should strengthen service awareness, adhere to the principle of combining punishment with education, incorporate law enforcement into service, widely use persuasion and education, persuasion and demonstration, warning and warning, guidance and interview, carry out "reasoning" law enforcement, carry out interpretation and reasoning in the process of law enforcement inspection, and prevent "punishment for management". Enterprises should be informed of the criteria, illegal consequences and rectification methods for judging the hidden dangers of relevant problems, especially the hidden dangers of major accidents, and urged to help enterprises rectify the hidden dangers and resolve the risks in a timely manner. We should strictly distinguish between assistance and guidance and law enforcement inspection, and not carry out law enforcement inspection in the name of assistance and guidance, and resolutely prevent the distortion of assistance and guidance work. After the expiration of the rectification period, random spot checks and law enforcement inspection plans should be adopted to check whether the enterprises have been rectified as required.
13. Standardize the management and use of experts. We should strictly supervise and manage the socialized service institutions for production safety and industry experts, standardize their daily behavior, prohibit them from carrying out all kinds of inspections with the nature of administrative law enforcement alone, and not allow experts to seek benefits by participating in guidance services and law enforcement inspections, nor directly replace administrative decisions with expert opinions and suggestions. Strengthen the whole process management of expert technical services in an all-round way. We should strengthen the construction of experts, establish and improve the database of law enforcement and inspection experts, improve the system of selection and appointment, daily management, training and assessment, supervision and evaluation, and continuously improve the quality of experts.
14. Strengthen supervision over the whole process of law enforcement. In accordance with the requirements, special actions should be carried out to standardize the law enforcement of production safety, focusing on such issues as random inspection, random law enforcement and random punishment, and special rectification and supervision should be carried out to promote the authority and credibility of law enforcement. It is strictly forbidden to issue inspection indicators and to link the assessment with the frequency of inspection and the amount of fines. It is strictly forbidden to carry out law enforcement inspection in the name of investigation, and to apportion hidden danger investigation tasks to grass-roots units in violation of regulations. We should strengthen the supervision of the whole process of law enforcement enabled by digital technology, use the information system to carry out file review, law enforcement review and assessment, and do not arbitrarily change or delete the relevant information of the law enforcement information system without approval. We should promote the use of video and other forms to record the process of law enforcement inspection, and give full play to the supervisory role of audio-visual records in standardizing law enforcement. Explore and promote the economic impact assessment system of administrative law enforcement cases involving enterprises, and reduce the negative impact of law enforcement inspection on enterprises according to law.
Fifteenth, implement law enforcement safeguards. We should improve the incentive and guarantee policies for law enforcement personnel, improve the mechanism of exemption from accountability for due diligence, comprehensively improve the level of law enforcement security, and fully mobilize the initiative of law enforcement personnel. Make overall arrangements to implement the work and rest of grass-roots law enforcement personnel, explore and implement the system of law enforcement inspection and duty for some personnel, standby for some personnel and rest for some personnel. Put an end to crowding out and long-term borrowing of law enforcement personnel to engage in other work, and ensure that law enforcement forces are truly inclined to the front line of law enforcement.
Sixteen, strengthen the construction of law enforcement team. We should strictly control the entrance of law enforcement teams, earnestly implement the requirements of induction training and annual retraining for law enforcement personnel, explore training methods such as digital twins and virtual reality technology, strengthen on-site law enforcement training, implement "every training must be tested", and focus on improving the professional skills and practical operation abilities of law enforcement personnel. We should strengthen the professional training of law enforcement backbone, organize and carry out law enforcement training and competition, and train a group of law enforcement top soldiers and case handling experts who are politically, professionally and professionally competent. We should improve and implement the system of technical inspectors and social supervisors of comprehensive administrative law enforcement in emergency management, and strengthen the support of law enforcement professionals.
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