Why does the construction unit not have the responsibility? If an entrustment contract is given to the supervision unit, it will have the safety responsibility? 3
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“On site supervision” is a limited means of quality control, but why not give the right to determine the key parts and key processes to the market subject, and use administrative documents to unify unrealistically? 2
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87 document can not cover the hazards in the construction of subway and railway tunnel, and the accidents of Tsinghua high school and Jiangxi cooling tower are also not listed in the No
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A basic cubic principle of the law of the people’s Republic of China on work safety is that “Whoever produces is responsible”
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The Ministry of housing and urban rural development has solicited opinions on the management regulations, and the supervision industry has also submitted written materials, but it has not attracted attention
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“On site supervision” is one of the means of quality control, government documents should focus on the purpose, should not lead to excessive emphasis on means in the actual implementation
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The supervision unit is entrusted by the construction unit to engage in the project supervision business
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We sincerely request your office to consider the voice of the national supervision industry and change “side station” to “inspection tour”
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In more than ten years of practical work, it has played a role, but also exposed some problems: first, it is unscientific for MOHURD to specify the side station parts nationwide, and the engineering supervision covers railways, highways, mines, railways, etc The so-called key parts and key processes of housing construction alone can not guide the work of other professional categories; second, the unified provisions of the ministry can not fully consider the differences in regional development and management level of the country; third, the key parts and key processes of various functional buildings of housing construction are different
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The reasons are as follows: 1
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The construction unit does not side station
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Continuous operation is not suitable for “side station”
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For employees, it emphasizes that they should pay attention to their own safety in the field work, pay attention to safe driving when going to and from work, and first recognize the emergency evacuation channel when staying in a hotel
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The projects listed in the original No
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For example, it is impossible to determine the location and time period of “side station” for equipment such as vertical transportation vehicles during long-term use
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4
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6
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For a skilled construction unit, the management department thinks that the “more dangerous” may not be “dangerous”, while for the construction unit without relevant experience, it may not be listed in the management department The items in the list should also be monitored
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Beijing Association of construction supervision Long press QR code to follow us ▶▶▶。
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On behalf of the Ministry of housing and urban rural development (MOHURD), which your office is soliciting opinions on the Internet recently, we have drafted the “Regulations on safety management of more dangerous divisional and subdivisional works”（ In the process of upgrading the original No
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In their consciousness, in the legal sense, the supervision unit is the “production and operation unit” in the aspect of ensuring the safety of employees, not because it has to bear the unsafe behavior of some operators who can not be directly directed at the construction site
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Legal Affairs Office of the State Council: we are one hundred Grade-A supervision units in Beijing, representing the supervision industry and nearly 80000 employees in Beijing
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Supervision “safety side station” can not be implemented in practice
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5
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In what link does the supervision unit comply with the requirements of “production and operation unit” in “production safety law”? In recent years, a large international company in France has acquired a large domestic supervision company, which attaches great importance to the safety awareness education of employees
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There is no legal basis for “safety side station” of supervision
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If the safety side station is implemented, the producer responsibility and supervision responsibility will be confused, which violates the legislative intent of “who produces who is responsible” in the production safety law
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Just as the traffic police do not have to bear the responsibility for the violation of regulations by drivers, the safety responsibility of supervision is the responsibility of “everyone is responsible for work safety”
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The supervision contract is an entrustment contract, and the construction unit does not bear the responsibility of construction safety management
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87 document
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Why does the supervision unit require “side station”? As early as nearly 10 years ago, the conclusion of the research of the Ministry of housing and urban rural development has been written into the report of the vice minister in charge, that is, when determining the responsibility for work safety accidents, we should do three divisions: distinguish accidents and responsibility accidents, and the supervision unit should not bear the responsibility for accidents; distinguish the direct responsibility and supervision responsibility of the construction unit, and the responsibility of the supervision unit should not be greater than that of the construction unit; distinguish the supervision unit Whether the unit performs its duties or not can be exempted from liability
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If “side station” has no practical effect and significance, it is meaningless to specify such policy requirements
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The concept of “side station” was first proposed in 2002 by the Ministry of housing and urban rural development (MOHURD) in the “management measures for side station supervision of housing construction engineering construction (Trial)” (it is still trial)
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“Safety side station” is harmful to the supervision industry, but not beneficial to the construction safety management
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87 document of the Ministry of housing and urban rural development to the Ministry order, the term of “safety side station” for supervision is cancelled and replaced by “inspection tour”
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