A few days ago, the General Office of the Ministry of Civil Affairs issued the "Judgment Standards for Major Accidents in Pension Institutions", requiring local civil affairs departments to take the standards as an important basis for the supervision of pension institutions, and strengthen the investigation and management of major accidents in the administrative inspection of pension institutions alone or in conjunction with relevant departments. At the same time, pension institutions are required to implement the main responsibility for the investigation and management of major accidents in accordance with the law, thoroughly investigate, accurately judge, and eliminate all kinds of major accident hazards in a timely manner.
The full text is as follows: Civil Affairs Departments (Bureaus) of all provinces, autonomous regions, and directly under the Central Government, and the Civil Affairs Bureau of the Xinjiang Production and Construction Corps
The "Judgment Standards for Major Accidents in Elderly Care Institutions" (hereinafter referred to as the "Standards") is now issued to you, please conscientiously implement it. Local civil affairs departments should take the "Standards" as an important basis for the supervision of pension institutions, and strengthen the investigation and management of major accidents in the administrative inspection of pension institutions alone or in conjunction with relevant departments. Pension institutions should implement the main responsibility for the investigation and management of major accidents in accordance with the law, thoroughly investigate, accurately judge, and eliminate all kinds of major accidents in a timely manner, and resolutely prevent and curb the occurrence of major accidents. General Office of the Ministry of Civil Affairs.
November 27, 2023.
Criteria for judging the potential dangers of major accidents in elderly care institutions
Article 1 In order to reasonably determine and eliminate the hidden dangers of major accidents in elderly care institutions in a timely manner, this standard is formulated in accordance with the laws and regulations and mandatory standards such as the Work Safety Law of the People's Republic of China, the Fire Protection Law of the People's Republic of China, the Special Equipment Safety Law of the People's Republic of China, the Measures for the Administration of Elderly Care Institutions, and the Basic Specifications for Service Safety of Elderly Care Institutions. Article 2 If a pension institution fails to implement the basic requirements of relevant laws, regulations and mandatory standards for safety management, which may lead to major losses of personnel and property, it shall be judged that there is a potential danger of a major accident. Article 3 The hidden dangers of major accidents in pension institutions mainly include the following aspects: (1) Serious defects in important facilities and equipment;(2) The qualifications related to production safety do not meet the statutory requirements;(3) There are serious problems in daily management;(4) Providing services in serious violation of laws and regulations;(5) Other major accident hazards that may lead to major losses of personnel and property. Article 4 There are serious defects in the important facilities and equipment of pension institutions, mainly referring to: (1) the building facilities are identified as Class C or Class D dangerous houses, or there are major hidden dangers in building safety as judged by the housing and urban-rural development departments;(2) After the inspection of the housing and urban-rural construction, fire protection and other departments or the assessment of a third-party professional organization, it is determined that the fire protection design, fire protection, electrical, gas and other facilities and equipment of the building do not meet the requirements of laws, regulations and mandatory standards, do not have the technical conditions for fire safety, and there are potential dangers of major accidents;(3) Illegally using flammable and combustible materials as the core material of color steel plates to build buildings with people in activities, or using a large number of flammable and combustible materials for decoration and decoration;(4) The use of elevators, boilers, oxygen pipelines and other special equipment that have not been produced with a license, have not been inspected or have failed to pass the inspection, have been eliminated by the state, or have been scrapped. Article 5 The qualifications and qualifications related to production safety in pension institutions do not meet the requirements, mainly referring to: (1) the establishment of internal medical institutions, which have not obtained the practice license of the medical institution in accordance with the law or have not gone through the filing in accordance with the law;(B) the establishment of canteens, not in accordance with the law to obtain a food business license;(3) Using personnel who have not obtained the corresponding qualifications to engage in special equipment safety management and testing;(4) The use of personnel who have not obtained relevant certificates and cannot skillfully operate fire control equipment as fire control room duty personnel;(5) Electricians, gas welders and other special operations personnel who have not been specially trained and have obtained corresponding qualifications are allowed to work. Article 6 There are serious problems in the daily management of pension institutions, mainly referring to: (1) failing to establish security, fire protection, food and other safety management systems or failing to implement the relevant safety responsibility system;(2) Failure to conduct regular testing and regular maintenance and maintenance of special equipment, electrical, gas, security, fire protection, alarm, emergency rescue and other facilities and equipment, resulting in the inability to use normally;(3) Failing to formulate emergency response plans or regularly organizing emergency drills;(4) Failing to implement a 24-hour duty system, failing to conduct routine safety inspections or failing to rectify outstanding safety issues found during inspections;(5) Failure to regularly carry out education and training on production safety, and relevant staff do not operate firefighting, security and other facilities and equipment, and do not master evacuation routes;(6) Due to special circumstances such as construction, it is necessary to carry out open flame operations such as electrical welding, and fail to go through the approval procedures for ignition in accordance with the regulations. Article 7: Serious violations of laws and regulations in the provision of services by pension institutions mainly refer to: (1) setting up rooms or rest rooms for the elderly in basements or semi-basements;(2) Where there is a canteen, the system of raw material control, cleaning and disinfection of tableware and drinking utensils, and food sample retention is not strictly implemented;(3) Ordering meals from a catering unit that has not obtained a food production and business license or failing to inspect the ordered food in accordance with the requirements;(4) Where it is discovered that an elderly person has an infectious disease that may cause major harm to public health, and fails to handle it in accordance with relevant provisions. Article 8 Other major accidents that may lead to major losses of personnel and property mainly refer to: (1) The location of the pension institution does not comply with the relevant provisions of the State, and it does not maintain a safe distance from the production and business sites of flammable, explosive, toxic and harmful dangerous goods, or is set up in a high-risk area judged by the departments of natural resources and other departments to have major natural disasters;(2) Evacuation passages, safety exits, and fire truck passages are occupied, blocked, or closed;(3) Failure to set up emergency lighting, evacuation signs, safety exit signs, or related signs is blocked. Article 9 Where relevant laws, regulations and mandatory standards have other provisions on the determination of major accidents in elderly care institutions, those provisions shall apply. Article 10: Where the situation is complex and it is difficult to directly determine whether it is a major accident hazard, the local civil affairs departments may consult with the relevant departments or organize relevant experts to make a comprehensive judgment after research and argumentation on the basis of relevant laws, regulations, and mandatory standards. Article 11: Local civil affairs departments may, in accordance with these standards, refine the criteria for determining the potential dangers of major accidents in pension institutions within their respective administrative areas in light of actual conditions. Article 12 This standard shall come into force on the date of promulgation and shall be valid for five years. *Civil affairs.
Editor: Xing Zuyi.