Safety management system of labor dispatch company
Article 1 In order to strengthen the supervision and management of labor dispatch safety in production, prevent and reduce production safety accidents, ensure the safety of people's lives and property, and promote economic development and social harmony, these Provisions are formulated in accordance with the Law of People's Republic of China (PRC) on Safety in Production, the Law of People's Republic of China (PRC) on Labor Contract and the Regulations of Hangzhou Municipality on Supervision and Administration of Safety in Production, combined with the actual situation of this Municipality. Article 2 These Provisions shall apply to the safety production and related supervision and management activities of labor dispatching units, labor employing units and employees engaged in production and business activities within the administrative area of this Municipality. Where there are other provisions on labor dispatch in relevant laws and regulations such as fire protection, road traffic, construction engineering, special equipment and occupational health, such provisions shall prevail. The term "labor dispatch unit" as mentioned in these Provisions refers to the unit that signs labor contracts with labor employees, forms labor relations, and dispatches labor employees to the employing units. The term "labor employing unit" as mentioned in these Provisions refers to the unit that has signed a labor dispatch agreement with the labor dispatching unit and actually uses the labor employees. The term "service employees" as mentioned in these Provisions refers to the employees dispatched by the labor dispatch unit to the labor employment unit according to the labor dispatch agreement. Article 3 Labor dispatch units and employing units are both production and business units, and shall strictly implement the laws, regulations and relevant provisions of the state on production safety. In the event of a production safety accident in the course of business operation, the labor employing unit shall bear the main management responsibility for the accident, and the labor dispatching unit shall bear the supplementary management responsibility for the accident. Article 4 Labor dispatch units shall be established according to law, and shall not engage in labor dispatch business illegally or beyond the scope of qualification. Article 5 The health status, education level and work skills of the labor service employees dispatched by the labor service dispatching unit to the labor service employing unit must meet the post requirements of the employing unit, and no fraud is allowed. Article 6 The labor contract signed between the labor dispatch unit and the labor employees shall fully protect the labor safety rights of the labor employees, clarify the post nature, occupational health hazards and labor safety guarantee, pay social insurance in full according to law, and encourage them to pay safety production liability insurance. Article 7 A labor service employing unit shall perform the duties of production safety according to law, provide a safe working environment and labor protection articles that meet the national standards or industry standards for the labor service employees, conduct safety training and education for the labor service employees, organize regular physical examinations, and establish and improve the safety management files of the labor service employees of the unit. Workers shall not be forced to engage in jobs that endanger life safety and health. Article 8 Laborers shall fulfill their obligations of safety in production according to law, abide by the rules and regulations of the employing unit on safety in production and operating procedures, take the initiative to receive education and training, obey management, and wear labor protection articles correctly. When discovering hidden dangers of accidents or other unsafe factors, they should report truthfully and actively participate in accident rescue. Article 9 In principle, laborers are only engaged in general work and may not engage in special operations. Those who need to engage in special operations shall, in accordance with the provisions of national laws and regulations, obtain the qualification certificate for special operations after passing the training and examination, and hold relevant certificates. Article 10 The employing unit shall conduct pre-job safety education and training for laborers, inform them of the risk factors, preventive measures and emergency measures in their workplaces and posts, and urge them to master the safe use, maintenance and storage of equipment, facilities, tools and labor protection articles, as well as the knowledge of self-help and mutual rescue in emergencies. The time for centralized safety production training for service employees before taking up their posts or changing jobs shall not be less than 24 hours. Without safety education and training, qualified laborers are not allowed to work at their posts. Eleventh labor units have the responsibility and obligation to report and rescue all kinds of production safety accidents in the production and operation areas and in the process of production and operation, and should take the initiative to accept and cooperate with relevant government departments to carry out accident investigation and handling. Twelfth departments responsible for the supervision and management of production safety shall, according to their respective responsibilities, establish and improve the supervision and management system of labor dispatch, strengthen supervision and management, and urge labor dispatch units and labor employment units to implement the responsibility of production safety. Thirteenth these Provisions shall be interpreted by the Hangzhou Municipal Administration of Work Safety. Article 14 These Provisions shall come into force on September 1 day, 2065.