What to do if there are inconsistencies among laws and regulations, departmental rules, and **standards?
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In safety work, it is common to encounter situations where laws and regulations, departmental rules, and **standards are inconsistent or even contradictory, especially between departmental rules and **standards. How should we view this? I hope someone who has dealt with similar problems can answer. Thank you
Laws have the highest legal validity, followed by regulations, and then standards.
If there are conflicts in the specified provisions, follow the order outlined on the second floor and abide by the provisions of the higher-level law. If there is no conflict, that is, if the requirements are consistent, only more stringent and detailed, then they are generally implemented in a strict manner.
It is generally accepted that higher-level laws have greater validity than lower-level laws, but in courses related to safety management, it is taught that special laws or laws with specific provisions can have greater validity than higher-level laws. For example, the constitution states that we operate under a socialist system, yet a special law stipulates that it is a capitalist system; as a result, the special law has greater validity. That’s what confuses me. For example, GB50156-2012 specifies that metal hoses should be used for unloading liquefied petroleum gas, but the regulations issued by the Emergency Management Bureau for identifying major accident hazards require the use of swan neck pipes. I’m really confused.
Everything is updated, with reference to the latest regulations, systems, and standards; of course, an individual’s ability to understand is also crucial.
This is because the **** department is worried about potential problems and lacks the ability to provide professional interpretations; when issuing inspections, they simply quote a few regulatory clauses (without any explanation), resulting in one-size-fits-all solutions! (For example, the 2018 version of the petrochemical standards also stated in subsequent corrigenda that a dip pipe is not required for unloading, but it is necessary for loading.) There are many similar cases, such as single-tank single-dike setups and the use of shut-off valves; the same is true for on-site inspections of small tanks with a capacity of just a few cubic meters! Encountering another doctrinal expert. Sigh. . .
When subordinate laws conflict with superior laws, the superior laws prevail. Hierarchy of validity: Constitution > Laws > Administrative regulations > Local regulations > Rules issued by local authorities at the same level and lower levels. When there is a conflict between departmental regulations and **standards, the departmental regulations shall prevail.