Old-age dynamic: the Ministry of Civil Affairs announced the "pension institutions major accident hidden danger determination standards"
Recently, the General Office of the Ministry of Civil Affairs issued the "Criteria for Determining the Hidden Dangers of Major Accidents in Elderly Care Institutions" (hereinafter referred to as the "Standards"), requiring local civil affairs departments to use the "Standards" as an important basis for the supervision of elderly care institutions, and individually or jointly with relevant departments in the administrative inspection of elderly care institutions Strengthen the investigation and management of hidden dangers of major accidents. At the same time, pension institutions are required to implement the main responsibility of investigation and management of major accident hidden dangers in accordance with the law, thoroughly investigate, accurately determine, and eliminate all kinds of major accident hidden dangers in a timely manner.The standard is clear.If the pension institution fails to implement the basic requirements of relevant laws, regulations and mandatory standards for safety management, which may lead to heavy casualties and property losses, it shall be determined that there is a hidden danger of major accidents.The "Standard" has serious defects in important facilities and equipment, the qualifications related to production safety do not meet the statutory requirements, serious problems in daily management, the provision of services in serious violations of laws and regulations, and other major accident hazards that may cause major casualties and major property losses. In terms of, 22 specific situations that should be determined as major accident hazards are clarifiedIt provides a basis for grass-roots supervision departments and pension institutions to investigate and determine the hidden dangers of major accidents.The standard is proposedIf 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 relevant departments or organize relevant experts to make a comprehensive judgment after research and demonstration in accordance with relevant laws, regulations and mandatory standards. Local civil affairs departments may refine the criteria for determining the hidden dangers of major accidents in pension institutions within their administrative regions in the light of actual conditions. (The following is the full text of the standard)
The Civil Affairs Departments (Bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, and the Civil Affairs Bureau of Xinjiang Production and Construction Corps: The "Criteria for Determining Major Accidents and Hidden Danger in Elderly Care Institutions" (hereinafter referred to as the "Standards") are hereby issued to you, please implement them carefully.
Local civil affairs departments should take the "standard" as an important basis for the supervision of pension institutions, and strengthen the investigation and treatment of major accidents and hidden dangers in the administrative inspection of pension institutions. Elderly care institutions must implement the main responsibility for the investigation and management of major accidents in accordance with the law, thoroughly investigate, accurately determine, 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
27 November 2023
Criteria for judging hidden dangers of major accidents in pension institutions
Article 1In order to reasonably determine and timely eliminate the hidden dangers of major accidents in elderly care institutions, this standard is formulated in accordance with laws, regulations and mandatory standards such as the Safety Production 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 Administrative Measures for Elderly Care Institutions, and the Basic Service Safety Standards for Elderly Care Institutions.
Article IIIf the pension institution fails to implement the basic requirements of relevant laws, regulations and mandatory standards for safety management, which may lead to heavy casualties and property losses, it shall be determined that there is a hidden danger of major accidents.
Article IIIThe hidden dangers of major accidents in elderly care institutions mainly include the following aspects: serious defects in important (I) facilities and equipment; (II) safety production related qualifications do not meet statutory requirements; serious problems in the daily management of (III); (IV) provide services in serious violations of laws and regulations; (V) other possible causes Major accidents with major casualties and major property losses.
Article 4Serious defects in important facilities and equipment of elderly care institutions mainly refer to: (I) building facilities are identified as C- class or D-class dilapidated buildings or have major hidden dangers in building safety after being judged by the housing and urban-rural construction department; (II) are inspected by the housing and urban-rural construction, fire protection and other departments or third-party professional Institutions evaluate and determine that building fire protection design, fire protection, electrical, gas and other facilities and equipment do not meet the requirements of laws, regulations and mandatory standards, do not have the technical conditions for fire safety, there are hidden dangers of major accidents; (III) illegal use of color steel plates with flammable and combustible materials as the core material to build manned buildings or a large number of flammable and combustible materials to decorate and decorate; (IV) use non-licensed production, non-inspection or non-qualified inspection, the state has explicitly eliminated, has been scrapped elevators, boilers, oxygen pipelines and other special equipment.
Article VThe qualifications related to production safety in elderly care institutions do not meet the requirements. It mainly refers to: if there is a medical institution in the (I), it has not obtained a medical institution practice license or has not been filed in accordance with the law; if there is a canteen in the (II), it has not obtained a food business license in accordance with the law; (III) Use personnel who have not obtained corresponding qualifications to engage in special equipment safety management and testing; (IV) use have not obtained relevant certificates, the personnel who are not skilled in operating fire control equipment shall be the personnel on duty in the fire control room; the electrician, gas welding and other special operation personnel who have not been specially trained and obtained corresponding qualifications are (V) allowed to work on duty.
ARTICLE VISerious problems in the daily management of elderly care institutions mainly refer to: the (I) has not established various safety management systems such as security, fire protection, food, etc., or has not implemented the relevant safety responsibility system; the (II) has not carried out special equipment, electrical, gas, security, fire protection, alarm, emergency rescue, etc. Regular inspection and regular maintenance and maintenance of facilities and equipment, resulting in inability to use normally; (III) fail to formulate emergency plans or organize emergency drills regularly; (IV) fail to implement the 24-hour duty system, fail to carry out daily safety inspection or fail to rectify the outstanding safety problems found in the inspection; (V) fail to carry out safety production education and training regularly, the relevant staff will not operate fire control, security and other facilities and equipment, Do not master the evacuation route; (VI) open fire operation such as electric and gas welding is required due to special circumstances such as construction, and hot work approval procedures are not handled as required.
Article VIIThe provision of services in serious violation of laws and regulations by pension institutions mainly refers to: (I) setting up the living room or rest room for the elderly in the basement or semi-basement; If there is a canteen in the (II), the systems of raw material control, cleaning and disinfection of tableware and drinking utensils, food sample retention, etc. are not strictly implemented; (III) ordering meals from catering units that have not obtained food production and operation licenses or failing to inspect the ordered food as required; (IV) found that may cause serious harm to public health, not disposed of in accordance with the relevant provisions.
Article 8Other major accident hazards that may cause major casualties and major property losses mainly refer to: the location of (I) elderly care institutions does not comply with relevant national regulations, and does not maintain a safe distance from the production and business premises of flammable, explosive, toxic and harmful and other dangerous goods. In the area where natural resources and other departments determine that there is a high risk of major natural disasters; (II) evacuation passages, safety exits, and fire truck passages are occupied, blocked, or closed; the (III) is not provided with emergency lighting, evacuation indication signs, safety exit indication signs or relevant indication signs are shielded.
Article IXIf the relevant laws, regulations and mandatory standards have other provisions on the determination of major accidents in pension institutions, their provisions shall apply.
Article XIf 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 relevant departments or organize relevant experts to make a comprehensive judgment after research and demonstration in accordance with relevant laws, regulations and mandatory standards.
Article 11Local civil affairs departments may, in accordance with this standard and in combination with the actual situation, refine the criteria for determining the hidden dangers of major accidents in pension institutions within their administrative areas.
Article 12This standard shall come into force on the date of promulgation and shall be valid for five years.
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