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Is the Safety Department responsible for such accidents?

2016-06-11View Original

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The supervisor of one of a company’s workshops privately hired a construction team to carry out repair work at the company, without the safety department being informed; during the work, one of the workers from the construction team fell to his death from a height. Should the company impose penalties on the safety department in the event of an accident caused by negligence? Is there a basis for punishment?
Reply #22016-06-11
There is a responsibility to regulate the entry of construction companies; it cannot be argued that lack of knowledge exempts one from responsibility.
Reply #32016-06-11
There is responsibility, but then there are penalties. . .
Reply #42016-06-11
The last edit to this post was made by wang*nhua77020 on 2016-6-11 at 22:11. First, let’s take a look at the responsibilities of safety agencies as stipulated in the Work Safety Law: Article 22 states that the work safety management institutions and personnel in production and business operations shall perform the following duties: (1) Organize or participate in the formulation of the unit’s work safety rules and regulations, operating procedures, and emergency response plans for work safety accidents; (II) Organize or participate in the work safety education and training within the unit, and keep accurate records of such education and training activities ; (III) Supervise the implementation of safety management measures for major hazard sources within the unit ; (IV) Organize or participate in emergency rescue drills within the unit ; (5) Inspect the unit’s safety production conditions, promptly identify potential hazards related to production safety accidents, and propose suggestions for improving safety production management ; (VI) Preventing and correcting acts of giving illegal instructions, forcing workers to carry out dangerous operations, and violating operating procedures ; (7) Supervise the implementation of safety improvement measures within the unit. As for the general classification of accident responsibilities (3 categories): (1) Direct responsible party: refers to the person whose actions are directly related to the occurrence of the accident.   (2) Primary responsible person: refers to the individual who played a major role in the occurrence of the accident.   In any of the following situations, the perpetrator or the relevant persons shall bear direct or primary responsibility: 1) Accidents caused by giving illegal instructions, carrying out work in violation of regulations, or engaging in risky operations; 2) Accidents resulting from violations of the safety production responsibilities and operating procedures; 3) Accidents caused by violating labor discipline, starting mechanical equipment without authorization, or altering, removing, destroying, or misusing safety devices and equipment. (3) Person in charge: refers to the individual who bears leadership responsibility for the occurrence of the accident.   The relevant supervisors shall bear leadership responsibility in any of the following situations: 1) Accidents resulting from the absence of sound safety production responsibility systems, regulations, and operating procedures, leaving workers with no guidelines to follow; 2) Accidents occurring due to the failure to provide workers with proper safety education and technical training, or because workers start working without passing the required examinations; 3) Accidents caused by mechanical equipment being used beyond its maintenance deadline or under excessive load, or due to defects in the equipment for which no corrective actions are taken; 4) Accidents resulting from an unsafe working environment for which no measures are taken; 5) Accidents occurring when dust and toxin control measures as well as safety facilities for new, renovated, or expanded projects are not designed, constructed, and put into use simultaneously with the main project. The exact cause of this accident is not clear; however, it can be inferred that the external workers failed to carry out their tasks in accordance with safety requirements, which led to the death. Therefore, it is determined that the workers involved bear direct responsibility for the injury ; The workshop supervisor privately brought in a construction team to carry out repairs in the factory: (1. This may violate the company’s procedures ; 2. The external construction workers have not received the company’s relevant safety training ; And have the personnel carry out the work ; 3. The director is responsible for regional safety; the failure to assign clear responsibilities for safety led to casualties) Therefore, the director bears leadership responsibility for this accident ; It can be seen from the responsibilities of the safety authorities that two aspects were not properly addressed: 1.) Safety training for external construction workers was not carried out ; 2) It is believed that it certainly violates the company’s safety regulations for the director to privately bring contractors into the factory ; (Perhaps the company’s safety procedures are inadequate regarding the management of outsiders.) ; And safety accidents occur due to non-compliance with regulations or an inadequate system ; Therefore, the Safety Department bears leadership responsibility for this accident.
Reply #52016-06-12
It’s needed; it seems that on-site construction supervision is inadequate
Reply #62016-06-12
The analysis on floor 6 is very thorough! Give a like! ! ! :handshake
Reply #72016-06-12
Responsibility must be assumed; the safety department has committed negligence in its oversight duties.

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