[Special Inspection of the Emergency Department 2022] 10-Lack of legal representative* * Insufficient performance of duties in regular safety meetings
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This post was last edited by Yuyu in the Desert on 2022-7-18 11:21. Lack of legal representative* During the regular safety meeting, the supervision and inspection team reminded them to be alert to the problem of insufficient performance of duties. In addition to inspecting the site to find hidden dangers, the supervision and inspection also conducted spot checks on the company's accounts during the supervision and inspection. When inspecting the performance of legal representatives, the fact that some legal representatives of enterprises have not been on duty for a long time has attracted the attention of the supervision and inspection team. “Why didn’t the company’s legal representative attend the regular safety meeting? ”“Why does the company's all-employee safety production responsibility system not clarify the safety responsibilities of the legal representative? ”An inspected company explained that because the company's legal representative has more than one company in his name, he works in different places for a long time and visits the factory once every few months. Hearing this, the supervision and inspection team interrupted the company's explanation and asked:: “If the legal representative fails to perform his duties, who should I contact if there is a problem? ”
Lack of legal representative* During the regular safety meeting, the supervision and inspection team warned of insufficient performance of duties
In fact, the problem of insufficient performance of duties by legal representatives is not an isolated case. In a chemical enterprise in Fuqing with two major first-level hazard sources, the legal representative was confused when faced with random inspections and inquiries by the supervision and inspection team. This situation also exists in other chemical companies in Quanzhou that were randomly inspected. Some legal representatives acted as "hands-off managers" by authorizing the general manager to "take full responsibility" and did not visit the factory for several months. Regarding the absence of such legal representatives, the supervision and inspection team severely criticized the situation and focused on rectification requirements in the enterprise's hidden danger report. Experts from the supervision and inspection team pointed out that the "Production Safety Law of the People's Republic of China" requires that the main person in charge of a production and operation unit is the first person responsible for the unit's production safety and is fully responsible for the unit's production safety work. At present, it is a common phenomenon in the industry that legal representatives are unable to perform their duties in a timely and effective manner for all enterprises under their names. This year's 21st National "Safety Production Month" also addresses such issues, setting the theme "Being the first responsible person for complying with the Safety Production Law", emphasizing that the legal representative of an enterprise must play its due role in safety production.
In April this year, the Office of the State Council Safety Committee and the Ministry of Emergency Management also issued relevant notices, requiring all regions, relevant departments and units to urge the legal representatives, actual controllers and actual persons in charge of enterprises to consciously put safety first, throughout all aspects of the work process, to effectively assume the responsibility of the "first person responsible" for safety production, to strictly perform the seven responsibilities stipulated in the Work Safety Law, to take the lead in respecting, studying and abiding by the law, and to proactively assess risks and identify hidden dangers... "Safety production is a sure thing." ”The supervision and inspection team stressed the need to deeply understand the significance of ensuring production safety in the chemical and hazardous chemicals industry, be wary of the absence of the "first responsible person", learn lessons from recent typical accidents in the industry, draw inferences from one example, thoroughly investigate safety risks, analyze hidden problems in depth, implement rectifications item by item, and effectively manage and control major safety risks.
The legal representatives of many small private enterprises only receive a salary but have no position or authority.
Can't the legal representative authorize the general manager?
[Emergency Department Special Inspection 2022] Summary, welcome to participate in the discussion and comparison inspection! ! ! ! https://bbs.hcbbs.com/forum.php?mod=viewthread&tid=3418729 (Source: Huahaichuanliu-Haichuan.com)
I would also like to ask, if the company appoints the general manager as the main person in charge of the company, does the legal representative still need to perform the duties of the main person in charge on a daily basis? or reduce their responsibilities