How to define the safety equipment in law enforcem

2022-07-29
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Brief discussion on how to define the safety equipment in law enforcement case: during the law enforcement inspection, a local Safety Supervision Detachment found that the lightning protection facilities in the paint warehouse of a mechanical processing enterprise had not been tested on schedule, resulting in great potential safety hazards, The law enforcement officers believe that their acts have violated the provisions of Article 29 of the work safety law, which stipulates that "the design, manufacture, installation, use, testing, repair, transformation and scrapping of safety equipment shall comply with national or industrial standards; the production and business operation entities must regularly maintain and maintain the safety equipment, and set the adjustment and testing to ensure normal operation", and intend to impose administrative penalties on the enterprise. However, in the process of handling the case, because the concept of "safety equipment" was not clearly explained by the authoritative department, the paint also constituted a growing variety of packaging materials involved in the food packaging industry. Whether the lightning protection facilities in the expanded warehouse are "safety equipment" or not, and whether this legal provision can be applied. The administrative punishment law stipulates that "administrative punishment without legal basis is invalid". At present, the legal awareness of enterprises is growing, Under the law enforcement environment of frequent administrative reconsideration and litigation, how to correctly determine the nature and scientifically handle this incident has triggered a wide debate among the detachment

debate: in the eyes of ordinary people, the proper term "safety equipment" is a clear and easy to understand word, which literally means the equipment used to ensure personal safety; However, in the eyes of the administrative law enforcement personnel of work safety, it is a topic of love and fear, with different opinions. According to the conventional understanding, safety equipment is widely used in the production devices of enterprises. The law on work safety stipulates that the design, manufacture, installation, use, detection, repair, transformation and scrapping of safety equipment should comply with national or industrial standards, and that regular maintenance should be carried out. If law enforcement personnel find that such equipment is not installed, used or maintained as required during inspection, May be ordered to make corrections within a time limit according to law, and administrative penalties shall be imposed for failure to make corrections within the time limit; However, because the safety equipment cannot be clearly defined, many obvious equipment hidden dangers cannot be found more accurate corresponding laws and regulations. When law enforcement personnel put forward rectification opinions, they always feel like a thorn in the throat. It is dereliction of duty not to order rectification, and there are occupational risks when ordering rectification. How to correctly and effectively implement this legal provision can not only eliminate hidden dangers, but also avoid risks, so we have to give more consideration in law enforcement practice. In 2010, "how to define safety equipment" was listed as a special topic of law enforcement for discussion in this week's focus of China's work safety supervision home. Once this topic was raised, it aroused heated discussion among peers all over the country

some people say that there is no specific definition of safety equipment in authoritative departments, and punishment cases involving "safety equipment" are more likely to be revoked in administrative reconsideration (litigation), so they should be used with caution. Some people believe that the catalogue of safety facilities for hazardous chemicals construction projects (Trial) (ajzwh [225] No.) published by the State Administration of work safety in 2007 is not applicable to ordinary enterprises. At present, one year of trial period has passed, the new catalogue has not been issued, the old catalogue has become invalid, and the safety facilities for hazardous chemicals have returned to the status of no evidence, let alone the definition of safety equipment in other industries. Some people also believe that the State Administration of work safety should issue special rules or regulations to list the "safety equipment" used in high-risk industries such as hazardous chemicals and fireworks, publish the catalogue and revise it in time; "Safety equipment" in other industries generally stipulates that "safety equipment" shall be recognized as "safety equipment" if it is used to protect workers' safety, prevent production safety accidents and rescue in case of production safety accidents; The "safety equipment" is defined by the combination of enumerative and general provisions

after the discussion, the forum moderator made a wonderful summary comment on this: the State Administration of work safety should compile a directory of safety equipment and facilities for general production and business units to prevent and control accidents and reduce and eliminate the impact of accidents according to relevant regulations; The division of safety equipment shall be subject to rolling adjustment; Define the maintenance, inspection, transformation and scrapping period of safety equipment on the basis of issuing the safety equipment catalogue; Provide law enforcement basis for front-line safety production law enforcement personnel and ensure the legitimacy of administrative punishment

discrimination: the author consulted relevant materials, In the interpretation of the production safety law of the people's Republic of China prepared by bianyaowu, deputy director of the Legal Affairs Committee of the Standing Committee of the National People's Congress, and an Jian, director of the economic law office, it is found that the safety equipment referred to in the production safety law is "Mechanical equipment and instruments installed and used to protect workers' safety, prevent production safety accidents and rescue in the event of production safety accidents, such as self rescuers, fire-extinguishing equipment and various safety detection instruments used in mines, such as safety detection systems, gas detectors, wind meters, oxygen detectors, roof pressure monitoring instruments, etc."

the author believes that the focus of the definition of safety equipment is that there is no legal basis for the interpretation of safety equipment, and the punishment of item 5 (6), paragraph 1, Article 83 of the work safety law is not easy to implement. However, from the perspective of the interpretation, the legislative purpose of this clause is to regulate the equipment management and maintenance and replacement of Jingzhen jidayi maintenance work to ensure safe production in a broad sense, rather than to govern some equipment with a specific scope in a narrow sense. The definition of safety equipment is very difficult from the perspective of legislation. For example, although there are tens of thousands of types of hazardous chemicals, only a few types of chemical production equipment are classified according to their uses, and the classification of the catalogue of safety facilities for hazardous chemicals can be basically clear; However, there are numerous products, processes, devices and equipment in general industries, and they have a good strategy on the first day of M & A; In addition, it is necessary to have a strict rules of conduct, an experienced M & a team, coupled with the rapid development of science and technology, new production equipment and systems will change with each passing day, and the relevant facilities used to ensure safe production are ever-changing. If the legislation defines the specific safety equipment directory, it does not mean that it is impossible to test and manage the corresponding safety equipment, which is undoubtedly a drop in the bucket

thinking: at present, there is no authoritative definition of "safety equipment", but the relevant hidden dangers must be eliminated, and the relevant laws and regulations must be implemented. The following three ideas can be considered to deal with the hidden dangers of safety equipment:

1. Urge large enterprises to manage independently and eliminate the hidden dangers of safety equipment in time. Understand and master the definition and management of safety equipment in self-management of relatively standardized large-scale enterprises, issue rectification instructions for the safety equipment problems existing in the enterprise, urge the enterprise to rectify in time and eliminate hidden dangers of safety equipment on the premise of reaching a consensus with the enterprise on the definition of safety equipment. Hardware and electrical home page title "hardware and electrical - hardware and electrical industry network marketing service provider"

2. Publicize safety equipment knowledge and standardize the safety equipment management of small and medium-sized enterprises. Publicize the concept and regulatory requirements of safety equipment to small and medium-sized enterprises, illustrate the safety equipment and facilities that should be set up in the design and construction of production plants or devices, put forward relevant maintenance regulations, urge enterprises to standardize the management of safety equipment, improve the recognition of enterprises on the definition of safety equipment, issue rectification orders, and eliminate hidden dangers of safety equipment in time

3. Implement rational law enforcement throughout the process to reasonably avoid the risk of administrative law enforcement. If the enterprise has the understanding basis of the above two points in the first round of inspection, and it is found that the hidden dangers of safety equipment have not been corrected within the time limit in the review, some differences may be avoided in the definition of safety equipment when filing the case for investigation. However, during the handling of the case, the law enforcement personnel must focus on whether the equipment is used to "protect the safety of workers, prevent the occurrence of production safety accidents and install and use mechanical equipment and instruments for rescue in the event of production safety accidents", and do a good job in collecting relevant evidence. First, when making the inquiry records of relevant personnel, they must ask about the purpose of the hidden danger equipment and prove the purpose of the equipment; The second is to specify the design function and current status of the equipment when making the inspection record; Third, the use function of the equipment can be verified by a third party through sampling and entrusted appraisal; Fourth, obtain the design drawings of safety facilities, equipment files or product specifications of the plant to prove the basic characteristics of the equipment; The fifth is to list the definitions made in the interpretation by the legal work committee of the National People's Congress. Through the above five aspects of evidence reasoning, while the security risks have been effectively rectified, we can also try to reasonably avoid the risks brought by administrative law enforcement

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