1. Background and significance of the newly revised Work Safety Law The newly revised Work Safety Law will come into force on September 1, 2021
The current work safety law was formulated in 2002, and was revised twice in 2009 and 2014. This year is the third revision. This law has played an important role in preventing and reducing production safety accidents. The number of deaths in production safety accidents in China dropped from the historical peak of about 140000 in 2002 to 27100 in 2020, a decrease of 80.6%; The number of major accidents decreased from 140 in 2001, the year when it was the highest, to 16 in 2020, the highest level in history last year, down 88.6%.
However, the traditional hidden dangers accumulated for a long time in the past have not been completely eliminated. Some of them are still intensively exposed, and new risks are emerging. Although the national production safety accidents generally show a downward trend, they begin to enter a bottleneck period and a platform period, and with a little carelessness, serious and serious accidents will rebound. At the same time, the new development stage, new development concept and new development pattern put forward higher requirements for the work safety, so the work safety is still in the climbing period and the threshold period.
At this stage, especially the critical period when the country is carrying out the three-year safety production action and formulating and implementing the "Fourteenth Five Year Plan" safety production plan, it is timely and necessary to revise the safety production law, which provides a powerful legal weapon for safety production.
2. The newly revised Work Safety Law further compacts the main responsibility of enterprise work safety
One of the highlights of the revision of the Work Safety Law is that the main responsibility of production and business units for work safety has been further consolidated, mainly by establishing the following important legal systems. First, the safety responsibility system for all employees in the production and business unit. Each department, post and employee of the production and business unit directly or indirectly affects the safety in production to varying degrees. Everyone is the leading role in safe production, and there is no onlooker. This revision of the new safety responsibility system for all employees is to mobilize the enthusiasm and creativity of all employees in the production and business unit, form a situation where everyone cares about safety production, everyone improves safety quality, and everyone does a good job in safety production, so as to improve the overall safety production level
Second, the dual prevention mechanism of security risk hierarchical management and control and hidden danger investigation and control u Security risk hierarchical management and control is the advanced experience and successful practice of domestic and foreign enterprise security management. U Establish a hierarchical management and control mechanism for safety risks, require the production and business units to regularly organize risk identification and assessment, strictly implement hierarchical management and control measures, and prevent accidents caused by risk evolution. U Hidden danger investigation and treatment is an important system that has been established in the Work Safety Law. This amendment has added the provision that the investigation and treatment of major accident hidden dangers should be reported to the relevant departments in a timely manner. The purpose is to ensure that the production and business units can ensure that the investigation and treatment of hidden dangers are in place under the dual supervision of the regulatory department and the employees of the unit.
Third, the production safety liability insurance system was enforced in high-risk industries. According to the provisions of the production safety law before the amendment, the state encouraged production and business units to purchase production safety liability insurance. This amendment adds the requirement that production and business units in high-risk industries must be insured. According to the requirements of the Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Reform and Development of Work Safety, high-risk industries mainly include eight categories: mining, hazardous chemicals, fireworks, transportation, construction, civil explosives, metal smelting, fishery production, etc.
The scope of work safety liability insurance covers not only employees of enterprises, but also casualties and property losses of third parties, as well as related rescue, accident identification and legal proceedings. The most important thing is that safety production liability insurance has the function of accident prevention. Insurance institutions must provide accident prevention services for insurance companies, help enterprises find hidden risks, and improve the level of safety management.
3. The newly revised Work Safety Law clearly states that "three must
The principle of "three musts": industry management, safety management, business management, safety management, production and operation management, safety management
This revision of the Work Safety Law has written into the law the "three musts" principle that industry management must be responsible for safety, business management must be responsible for safety, and production and operation management must be responsible for safety, which further clarifies the work safety responsibilities of all aspects and establishes a complete set of responsibility systems.  
First, the department's responsibility for safety supervision was clarified: "The industry must be managed by safety". It was clarified that all departments responsible for safety supervision should supervise and manage the work safety in relevant industries and fields within their respective responsibilities.
Second, the principle of safety supervision responsibilities in emerging industries was clarified. The local people's governments at or above the county level should determine the supervision and management departments according to the principle of similar business, so as to prevent the blind area of safety supervision caused by mutual accountability between departments.
Third, specify the safety management responsibilities of the decision-making level and management level of the enterprise. Except that the main person in charge is the first responsible person, other deputies in the enterprise should be responsible for the safety production work according to the business you are in charge of. While focusing on production, we must give consideration to safety and pay attention to safety at the same time, otherwise, after an accident, the person in charge of production should be responsible
4. Main contents of the newly revised Work Safety Law
   
Second, the CPC Central Committee and the State Council's Opinions on Promoting the Reform and Development of Work Safety were implemented, and new major arrangements were made for the guiding ideology, basic principles, and institutional measures of the Work Safety Program. This revision thoroughly implemented the spirit of the central document, and added important systems such as the report on the investigation and treatment of major accident hidden dangers, the mandatory implementation of work safety liability insurance and work safety public interest litigation in high-risk industries.
Third, improve the safety production responsibility system first, and strengthen the leadership responsibility of the Party committee and the government. The revision clarifies that work safety should adhere to the leadership of the Party, and requires people's governments at all levels to strengthen the construction of work safety infrastructure and work safety supervision capacity, and the required funds should be included in their own budgets. Second, define the regulatory responsibilities of relevant departments. It is stipulated that the work of production safety shall be carried out as follows: "the management of industry must be in charge of safety, the management of business must be in charge of safety, and the management of production and operation must be in charge of safety". If the responsibilities for the supervision and administration of production safety in emerging industries and fields are not clear, it is clear that the local people's governments at or above the county level shall determine the supervision and administration departments according to the principle of similar business.
Third, the main responsibility of compaction production and operation units. It is specified that the main person in charge of the production and business operation entity is the first person responsible for the production safety of the entity, who is fully responsible for the production safety of the entity, and other persons in charge are responsible for the production safety within their scope of responsibility. All kinds of production and business units are required to improve and implement the full staff safety production responsibility system, the safety risk hierarchical management and control and the double prevention mechanism of hidden danger investigation and treatment, strengthen the standardization and informatization of safety production, increase the investment in safety production funds, materials, technologies and personnel, and effectively improve the level of safety production.
Fourth, strengthen the prevention and response to new problems and risks
1. Deeply learn lessons from accidents in recent years, and make targeted regulations on new problems exposed in safety production accidents. For example, the production and operation units using gas in the catering industry are required to install combustible gas alarm devices and ensure their normal use; Require construction units in high-risk industries, such as mines, to strengthen safety management, not to illegally transfer construction qualifications, and not to illegally subcontract; Some institutions undertaking safety evaluation are required to implement the report disclosure system, and shall not lease qualifications, attach themselves to others, or issue false reports.
At the same time, for the new risks arising from the new business types and models, it is emphasized that the responsibility system for safe production of all employees should be established, improved and implemented, the education and training on safe production of employees should be strengthened, and the statutory obligations on safe production should be fulfilled.
5. It is to strengthen the punishment of illegal acts
First, the fine is higher. This amendment has generally increased the amount of fines for illegal acts. For accidents of concern, the fines have increased from 200000 yuan to 20 million yuan as stipulated in the current law to 300000 yuan to 100 million yuan; The amount of the accident penalty for the main person in charge of the unit is increased from 30% to 80% of the annual income to 40% to 100%. At present, the maximum fine for extremely serious accidents can reach 100 million yuan.
Second, the punishment is stricter. Once an illegal act is found, it will be ordered to rectify and fine. If it refuses to rectify, it will be ordered to suspend production and business for rectification and rectification, and may be continuously punished on a daily basis.
Third, the punishment is stronger. Joint disciplinary measures shall be taken, such as industry or occupation prohibition, for the most serious cases. Through the "sword hanging high", we can effectively attack and deter illegal enterprises and protect the legitimate rights and interests of law-abiding enterprises.