Departments at all levels often check the qualifications of personnel in key positions when inspecting, and the allocation of full-time safety production management personnel is the focus of inspection, so we will talk about full-time safety production management personnel of hazardous chemical enterprises today.
1. What is a full-time safety officer?
According to the interpretation of the Work Safety Law, full-time safety production management personnel refer to those who are specifically responsible for safety production management in production and business operation units and no longer concurrently serve as other workers.
Guidelines for the Safety Qualification of Key Personnel of Hazardous Chemicals Enterprises (Trial)" 21. Full-time safety production management personnel need to be formally appointed to specialize in the safety management of the enterprise, and are generally not allowed to hold concurrent or part-time other jobs. 2.6. Hazardous chemical enterprises are required to establish formal labor contracts and social security relations with two types of key personnel (full-time safety production management personnel and operators in high-risk positions) and registered safety engineers, and are strictly prohibited from working part-time in other enterprises.
Paragraph 4 of Article 26 of the Work Safety LawThe appointment and dismissal of production safety management personnel of dangerous goods production and storage units, as well as mines and metal smelting units, shall be notified to the competent department responsible for the supervision and management of production safety.
To sum up, full-time safety production management personnel refer to those who are specifically responsible for safety production management in production and business operation units, and are not allowed to concurrently hold other jobs, establish formal labor contracts and social security relations with enterprises (regular employees, cannot be labor dispatch and other forms of employment), and need to be formally appointed and informed to the relevant regulatory authorities.
2. Why should there be a full-time safety officer?
a) General provisions.
Paragraph 1 of Article 24 of the Work Safety Law Mining, metal smelting, construction, transportation units and production, operation, storage, loading and unloading units of dangerous goods shall set up safety production management institutions or assign full-time safety production management personnel.
2) Special Provisions.
Article 12 of the Measures for the Implementation of Work Safety Licenses for Hazardous Chemicals Production Enterprises shall set up a safety production management organization in accordance with the law and be equipped with full-time safety production management personnel
Article 30 of the Regulations on the Safety Management of Hazardous Chemicals A chemical enterprise applying for a license for the safe use of hazardous chemicals shall, in addition to complying with the provisions of Article 28 of these Regulations, also meet the following conditions:2) There are safety management institutions and full-time safety management personnel;
Article 9 of the Administrative Measures for the Business License of Hazardous Chemicals The applicant shall apply for a business license in accordance with the provisions of Article 5 of these Measures to the local municipal or county-level licensing authority (hereinafter referred to as the licensing authority), submit the following documents and materials, and be responsible for their authenticity:
If hazardous chemicals are operated with storage facilities, the applicant shall also submit the following documents and materials:
1) Supporting documents (copies) related to storage facilities; If you want to rent a storage facility, you need to submit a rental certificate (copy); If the storage facility is newly constructed, reconstructed or expanded, it is necessary to submit the completion and acceptance report of the safety facilities of the hazardous chemicals construction project;
2) Major hazard source filing certification materials, full-time safety production management personnel academic certificates, technical title certificates or dangerous goods safety registered safety engineer qualification certificate (copy);
In other words, the "Safety Law" stipulates that hazardous enterprises should set up safety production management institutions or be equipped with full-time safety production management personnel, but the relationship between or is used here, that is, you can choose one of the two; The special provisions in the subdivision field are that enterprises that produce, use hazardous chemicals (requiring a hazardous chemical use license), and operate with storage shall set up a safety production management organization and be equipped with full-time safety production management personnel.
Because the special is superior to the general, enterprises that produce, use (need to obtain certificates), and operate and store hazardous chemicals should set up safety production management institutions and be equipped with full-time safety production management personnel.
3. Who can be a full-time safety officer?
Not everyone can be a full-time safety officer, so what are the requirements for a full-time safety officer?
1) Qualifications for general hazardous chemical enterprises.
On November 3, 2010, the former State Administration of Work Safety and the Ministry of Industry and Information Technology issued the "Implementation Opinions on the Implementation of the Notice on Further Strengthening the Work Safety of Enterprises by Hazardous Chemicals", which made provisions on the allocation of safety production management personnel in chemical enterprises, the specific contents are as follows:
Enterprises should set up safety production management institutions or be equipped with full-time safety production management personnel, and safety production management institutions should have relatively independent functions. Full-time safety production management personnel should not be less than 2% of the total number of employees of the enterprise (enterprises with less than 50 people are equipped with at least 1 person), with a technical secondary school degree or above in chemical or safety management related majors, more than 2 years of experience in chemical production, and obtain a safety management personnel qualification certificate.
2) Qualifications for "two key and one major" hazardous chemical enterprises.
The "Three-year Action Plan for the Special Rectification of National Work Safety" requires that from May 2020, for enterprises involving "two key and one major" production equipment and storage facilities, the newly recruited main person in charge and the person in charge of production, equipment, technology, safety and safety production management personnel must have a college degree or above in chemistry, chemical engineering, safety and other related majors or intermediate or above professional titles in chemical engineering.
3) Qualifications for "major hazards" enterprises (further provisions).
Guidelines for the Safety Qualification of Key Personnel in Hazardous Chemicals Enterprises (Trial)" requirements, 22. For hazardous chemical enterprises with production entities or storage facilities that constitute a major source of danger, the number of full-time safety production management personnel who meet the following conditions shall reach the specified number:
a) Have a college degree or above in chemical safety related majors, or intermediate or above professional and technical titles in chemical related majors, or chemical safety-related work technicians or above, or chemical safety related registered safety engineer qualifications;
b) More than 3 years of experience in the chemical industry;
c) Accept no less than 48 hours of safety training within 6 months of new recruits, obtain relevant safety production knowledge and management ability assessment certificates, and retrain no less than 16 hours every year.
The full-time safety production management personnel of other hazardous chemical enterprises can meet the conditions c).
Fourth, how many full-time safety officers should be allocated.
On November 3, 2010, the former State Administration of Work Safety and the Ministry of Industry and Information Technology issued the "Implementation Opinions on the Implementation of the Notice on Further Strengthening the Work Safety of Enterprises by Hazardous Chemicals", which made provisions on the allocation of safety production management personnel in chemical enterprises, the specific contents are as follows:
.Full-time safety production management personnel should not be less than 2% of the total number of employees of the enterprise (enterprises with less than 50 people are equipped with at least 1 person).
2.3. For hazardous chemicals enterprises with production entities or storage facilities that constitute a major source of danger, qualified full-time safety production management personnel shall reach the following number:
a) If there are less than 50 employees, at least 1;
b) Where there are 50 or more employees but less than 100 employees, at least 2;
c) Where there are more than 100 employees, not less than 2% of the total number of employees.
That is to say, the number of full-time safety officers is not less than 2% of the total number of employees, and the rounding method is adopted (such as the total number of employees in the enterprise is 160 people, 5. Training and certification regulations.
The second paragraph of Article 27 of the Work Safety Law stipulates: "The main responsible persons and safety production management personnel of the production, operation, storage, loading and unloading units of dangerous goods, as well as the mining, metal smelting, construction and transportation units, shall be qualified by the competent department responsible for the supervision and management of production safety. There is no charge for the assessment. ”
Article 1 of the Judgment Standards for Major Production Safety Accidents of Chemical and Hazardous Chemicals Production and Business Units (Trial): The main persons in charge of hazardous chemicals production and business units and safety production management personnel have not passed the assessment in accordance with the law.
Article 24 of the Regulations on Safety Training for Production and Business Operation Units (Order No. 3 of the State Administration of Work Safety): The main persons in charge and safety production management personnel of coal mines and non-coal mines, hazardous chemicals, fireworks, metal smelting and other production and business operation units must pass the assessment of their safety production knowledge and management ability by the safety production supervision and supervision department within 6 months from the date of appointment.
According to Article 14 of the Measures for the Classification and Management of Registered Safety Engineers (Safety Supervision General Personnel No. 2017 No. 118), "the personnel who have obtained the professional qualification certificate of registered safety engineers and have been registered indicate that they have the safety production knowledge and management ability corresponding to the production and business activities they are engaged in, and can be regarded as passing the assessment of their safety production knowledge and management ability." Personnel who have obtained the professional qualification certificate of registered safety engineer and have been registered do not need to receive the safety production knowledge and management ability assessment certificate.
To sum up, the full-time safety officer must obtain the safety production knowledge and management ability assessment certificate within 6 months from the date of appointment, but the full-time safety officer who has obtained the safety certificate does not need to receive the safety production knowledge and management ability assessment certificate.
6. Responsibilities of full-time security administrators.
Article 25 of the Work Safety Law of the Production and Business Operation Entity shall perform the following duties:
1) Organize or participate in the formulation of the unit's production safety rules and regulations, operating procedures and emergency rescue plans for production safety accidents;
2) Organize or participate in the education and training of production safety in the unit, and truthfully record the education and training of production safety;
3) Organize and carry out the identification and assessment of hazards, and supervise the implementation of safety management measures for major hazards in the unit;
4) Organize or participate in emergency rescue drills in their units;
5) Inspect the safety production status of the unit, timely investigate the hidden dangers of production safety accidents, and put forward suggestions for improving safety production management;
6) Stopping and correcting illegal commands, forcing risky operations, and violating operating procedures;
7) Supervise and urge the implementation of the unit's safety production rectification measures.
Production and business operation units may set up a full-time person in charge of production safety to assist the main person in charge of the unit to perform production safety management duties.