Do the chemical entities know how to implement the compliance work safety responsibility？
It is important for the chemical entities to reinforce work safety and prevent work safety accidents. The environmental protection department and the emergency management department have frequently issued a lot of laws and regulations related to work safety. The chemical entities must comply with these laws and regulations, and strengthen the work safety management, and promote work safety standardization, and improve their work safety levels, and ensure work safety. After reviewing the chemical accidents of last few years, we found that these accidents was due to lack of the compliance work safety polices and rules, or lack of the compliance production and other business activities, or failure to implement the work safety polices and rules.
Do the chemical entities know how to implement the work safety responsibility？Mr. XuBaotong, attorney-at-law of Shanghai JINKUN Law Firm, will sum up the experience of providing legal services to the chemical entities. He hopes his advices will help the chemical entities in some way.
A. Establishing and improving the compliance work safety management system
The workers operate errors and the machines run problems, which are liable to work safety accident and causes big casualties. It is important for the chemical entities to establish a fully work safety system. There are some main
l the polices and rules of work safety education and training. Business entities shall provide their employees with work safety education and training to ensure that their employees have necessary work safety knowledge, are familiar with the relevant work safety policies and rules and safe operating procedures, possess the safe operating skills for their respective posts, know the emergency response measures for accidents, and are informed of their rights and obligations in work safety. Employees failing the work safety education and training shall not take their posts. Business entities shall maintain work safety education files to honestly record the time, contents, and evaluation results.
l the polices and rules of work safety supervisory inspection the work safety condition of the chemical entities on a regular basis, conducting screening for any hidden risk of work safety accidents and offering recommendations for improving the work safety management.
l the polices and rules of work safety duty. Clear the responsibility of the duty stuff, the emergency rescue plans, and the reporting procedure. Maintain the duty records.
l the polices and rules of hazardous chemicals’ storage safety. Entities storing hazardous chemicals shall establish inspection and registration systems for the entry and exit of hazardous chemicals. Having a emergency response plan for hazardous chemical accidents and necessary apparatus and equipment for emergency rescue.
l the polices and rules of operating safety.
l the polices and rules of equipment safety. Maintain the equipment on routine basis according to the national standards. Safety equipment shall be designed, manufactured, installed, used, tested, maintained, improved, and retired in accordance with national or industry standards.
l the polices and rules of labor protection equipment management. Labor protection equipment shall be purchased, used, maintained and retired in accordance with national or industry standards.
l the polices and rules of fire safety management
l the environment protection installations for a project must be designed, built and put into use simultaneously with the construction project itself.
l the polices and rules of contractor management
l prevent the occupational disease
l Reporting the work safety accidents in a timely and honest manner.
The chemical entities shall develop emergency rescue plans for work safety accidents according to their specific circumstance.
B. Effectively implementing the above-mentioned work safety management system
Business entities shall provide their employees with work safety education and training to ensure that their employees have necessary work safety knowledge, are familiar with the relevant work safety policies and rules and safe operating procedures, possess the safe operating skills for their respective posts, know the emergency response measures for accidents, and are informed of their rights and obligations in work safety. Employees failing the work safety education and training shall not take their posts.
C. Strengthening supervisory inspection
Chemical entities shall establish safety supervisory inspection polices and rules according to the national or industry standards and some relevant laws. They shall strengthen supervisory inspection and maintain the inspection reports.
l The work safety responsibility system of a business entity shall specify the responsible person for each position, the scope of duties, and the evaluation criteria, among others.
l A business entity shall establish corresponding mechanisms to strengthen the supervision and evaluation of the implementation of its work safety responsibility system and ensure the implementation of the system.
l Conducting screening any hidden risks of work safety accidents.
l Education and duty polices and rules.
l Supervising and implementation of safety control measure for the major hazard installations of the chemical entities.
l Emergency management. Establishing the emergency rescue plans for work safety accidents. Organizing and participating in the emergency rescue rehearsals. Having necessary apparatus and equipment for emergency rescue.
l Workshops, shops, or warehouses for the manufacturing, marketing, storage, or use of hazardous substances shall not share the same building with employee dormitories, and a safe distance shall be maintained between them and employee dormitories.
l Safety equipment shall be designed, manufactured, installed, used, tested, maintained, improved, and retired in accordance with national or industry standards.
l Business entities must conduct routine repair and maintenance and regular testing of their safety equipment to ensure its normal operation. Records of repair, maintenance, and testing shall be properly made and signed by the relevant personnel.
Mr. Xu is an attorney-at-law and a partner of Shanghai JINKUN Law Firm. His practice focuses on commercial arbitration and litigation. If you have any question, please do not hesitate to contact us.
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Author: Mr. XuBaotong
Attorney-at-law
Partner
Commercial Arbitration and Litigation
Phone: +86-139 1721 9966
xbtlawyer@163.com
