To what extent can administrative law enforcement go wrong?
There is a special initiative: the Office of the Ministry of Emergency Management issued a notice on carrying out special rectification work on "going through the motions" in safety production training (Emergency Department Letter [2021] No. 274). Despite having been successfully concluded in October 2022, various regions are still using the term "going through the motions" to continue with administrative law enforcement, inspections, and guidance.
This initiative has a background that is not explicitly stated: (1) The "State Council's Decision on Canceling and Delegating a Batch of Administrative Approval Projects and Other Matters" (Guo Fa [2013] No. 19) canceled the requirement for the accreditation of safety training institutions. In practice, training of this nature has already been opened to the public.
The original "qualification accreditation" is actually a variation of administrative licensing.
Currently, various places are adopting the practice of safety training institutions reporting to the emergency management department to regulate the entry of safety training institutions.
4. In terms of occupational safety, it is widely recognized that occupational safety training is extremely important.
5. The approach at the national level is worth considering! Since safety production training is deemed extremely important, why not upgrade the original qualification recognition to an authentic administrative license?
If it is only said to be extremely important in words, why then has the recommended standard "Basic Conditions of Safety Production Training Institutions" (AQ/T8011-2016) been upgraded to a mandatory standard "Basic Conditions of Safety Production Training Institutions" (AQ 8011-2023)?
This mandatory standard has been subject to special inspections in several places:
1. The names may not be the same, there are both "Guanbiao" and "Dabiao," as well as other names. However, several points are common, such as using Document No. 274 as a basis and treating AQ8011 as a mandatory standard (even though the issue of mandatory vs. non-mandatory standards may cause confusion or crossing boundaries. Are you really enforcing it?!). The chaos in special inspections: in a nutshell, there is nothing that administrative law enforcement cannot achieve if they want to.
Feel free to ask if you need further assistance.
Summary of friend's disclosure -- A large group of people (leaders + experts + administrative law enforcement officers from an emergency management agency for inspection and the emergency management agency being inspected, also known as cross-checking) went to inspect a training institution. The tragic result is: a pile of illegal activities/violations of AQ8011 requirements/a lot of management issues/a large number of on-site hazards! But how many on-site inspection records requiring safety production training institutions to rectify and rectification requirements are ultimately required?
"Everyone, take a guess!"
Note: According to a friend's request, sensitive information has been removed from the screenshot above. Please understand.
Yes, you read it correctly. The on-site inspection records only reflect 2+ hidden dangers and 1 problem.
I believe everyone has already found the ambiguity in what we wrote above! Are the big whites talking nonsense?
Let's discuss the list of issues provided by our friend:
1. Found the system, but did not find the training management system that meets the requirements of AQ8011.
2. No trampling contingency plan or on-site response plan was found.
3. The existing contingency plan does not meet the requirements of GB/T 29639.
4. Check that the evacuation doors inside the training venue open inwards.
"5. Training courseware not found;"
6. Training outline not found;
7. It was found that the current textbook being used does not meet the requirements of the training program.
8. The online safety production training platform does not meet the requirements of the training outline for the training course.
9. It is found that there are several potential safety hazards for production operations at the actual site. Please refer to Annex 1.
10. Actual operation training equipment facility inspection and maintenance records were not found.
11. Equipment facilities inventory not found;
12. When checking the training records, it was found that there were no hours logged, and the reviewing unit's auditor did not sign or stamp the document.
13. It was found that the training record did not have the seal of the training unit.
14. It was found that the unauthorized term "ID number" was used on the blank training certificate.
Spot-check the application form, the review comments, the reviewing unit, and the reviewing person are blank; the date is also blank.
16. When checking the files, it was found that a ballpoint pen was used to write the signature, etc.
17. The training records are found without a table of contents or page numbers.
Attachment: List of Hidden Dangers of On-site Production Safety Accidents and Other Issues.
1. The part-time teacher agreement only specifies the number of teaching hours but does not consider the number of study hours.
2. No paper reports submitted to the Emergency Management Department by the training institutions.
The rental contract of the organization does not consider safety production matters.
4. The responsibility system for ensuring the safety of all staff has not been found.
5. No accident hidden danger investigation and treatment system was found.
6. Safety risk classification and control system not found.
The documents are not standardized and lack a series of formatted content required by the archive system; they do not meet the requirements of the "Archives Law of the People's Republic of China," the "Scope and Retention Period Requirements for Enterprise Document Filing Materials," and the "Enterprise Archives Management Regulations" series at all.
8. It was found that relevant information on risk identification, assessment, and emergency resource investigation was not conducted according to regulations before the preparation of the emergency plan.
9. If the potential risks of an accident affecting neighboring units or personnel are not identified, the information regarding the nature of the accident risks, its scope of impact, and emergency prevention measures should be communicated to the neighboring units and personnel.
10. No information found regarding the implementation of emergency plan assessment as required.
11. No information was found regarding the revision of the emergency plan in accordance with the regulations.
12. No information found on the implementation of emergency supplies and equipment as specified in the emergency response plan.
13. The information on the filing of emergency response plans in accordance with regulations was not found.
According to Order No. 88, it should be legal for the company to only prepare an on-site disposal plan; however, in current practices of organizations, the combination of an overall plan, special plan, and on-site disposal plan means that an emergency disposal card should also be chosen by the company.
Translation: "Yellow-green wire is used for cross-connecting between the doors and bodies of the distribution room cabinets. Not all power supply circuits on the switches are clearly identified in English, there is no wiring diagram, accumulated dust has not been cleaned, and the anti-electric shock warning signs do not comply with national standards."
There are debris inside the fire hydrant: playing cards, drinking water bottles, etc.
17. The fire extinguisher in the low-voltage hands-on training classroom is placed on the ground.
18. No fire extinguisher inspection record found;
19. Tableware.
The spacing of the color on the lightning protection line does not meet the standard.
21. The board that prevents rodents from entering was not found.
22. Mobile tool cart, without four-wheel fixed device.
23. The expiration date of the safety helmet is in 2016, which far exceeds the national standard of 30 months.
Outside the training classroom, the emergency lights shine evenly in the corridors.
25. Emergency lights are connected to normal power outlets.
26. Emergency lights and Wi-Fi share the same power outlet.
The evacuation signs are positioned around 30cm above the ground, which did not fully consider meeting the national standard while also satisfying the requirements of ergonomics.
The exit sign at the main entrance is not lit.
Can you confirm that there are a lot of illegal acts, a lot of things that do not meet the requirements of AQ8011, a lot of management issues, and a lot of hidden dangers on site?
Summary from Baymax: A total of 8 illegal activities were found through joint inspections. There were a total of 45 cases of illegal activities, on-site hazards, and other management issues. In the on-site inspection records, there were no illegal activities (which conflicted with the illegal activities recorded on the list). There were 3 items of hazards and other issues (with "etc." mentioned, possibly indicating more)
The question is: What kind of administrative law enforcement is this? Is it just going through the motions? Turning a blind eye to potential hazards and illegal activities?
So, is this kind of administrative law enforcement chaotic? How chaotic can it get?!
End of the article acknowledgement: Thanks for the submission from my friend. This article has been included in the compilation of the Leave No Trace Platform. In the future, it can be used as evidence for my friend's job responsibilities if necessary, to avoid certain risks.
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