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Businesses are subject to suspension and fines.
Welders are special operations. According to Article 40 of the "Provisions on the Administration of Safety Technical Training and Assessment of Special Operations Personnel", if a production and business operation entity uses special operations personnel who have not obtained a special operation certificate to work, it shall be ordered to make corrections within a time limit. and where corrections are not made within the time limit, they shall be ordered to suspend production and business for rectification, and may be fined up to 20,000 yuan.
Welder is melt welding and thermal cutting operations (electric welding, gas welding, arc welding, electric welding gas cutting, others), also called the work certificate, the issuing authority is the safety production supervision and administration bureau, the necessary certificate for the post, no certificate will not work, melt welding and thermal cutting operations, pressure welding operations, brazing operations, certificate with magnetic card, national general.
Intermediate Vocational Qualification Certificate Application.
Over the age of 55.
2.In good health, no epilepsy, mental illness, heart disease, sudden fainting, color blindness and other diseases and physical defects that hinder electrical work.
3.Have the on-the-job operation certificate of this type of work (only for certain types of work, this condition is required), intermediate vocational qualification certificate application (the following conditions can be met) 1Have the same type of work operation certificate (only for some types of work this condition is required) 2
Possess a primary certificate of the same type of work.
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See if you have an accident, whether it has anything to do with it It's okay Detention fines Fines related to the specific fines It depends on the mood of the person It is better to have a certificate It is not expensive and it does not take much effort You will need a certificate in the future Our school to apply for the exam If you have other questions, you can continue to ask I hope it will help you.
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Of course, they can, and if they do not meet the requirements of detention, they may report to the public security organ at a higher level, or to the Discipline Inspection Commission and Supervision Bureau, and request an investigation. If it is not handled, it can be reported or complained to the discipline inspection commission at the next higher level.
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Legal analysis: Personnel who carry out unlicensed electric welding and gas welding operations shall be given a warning or a fine of less than 500 yuan; where the circumstances are serious, they are to be detained for up to 5 days.
Legal basis: "Work Safety Law of the People's Republic of China" Article 82 If a production and business operation entity commits any of the following acts, it shall be ordered to make corrections within a time limit; If the correction is not made within the time limit, it shall be ordered to suspend production and business for rectification, and a fine of not more than 20,000 yuan may be imposed: (1) Failure to accompany the establishment of a safety production management organization or the allocation of safety production management personnel in accordance with the regulations; (2) The main responsible persons and safety production management personnel of the production, operation and storage units of dangerous goods, as well as mines and construction units, fail to pass the assessment in accordance with the provisions (3) Fail to carry out safety production education and training for employees in accordance with the provisions of Article 21 and Article 22 of this Law, or fail to truthfully inform employees of relevant safety production matters in accordance with the provisions of Article 36 of this Law; (4) Special operations personnel have not been trained in special safety operations and obtained special operation qualification certificates in accordance with regulations, and are employed on duty.
Provisions on the Administration of Safety Technical Training and Assessment of Special Operations Personnel》 Article 40 Where a production and business operation entity uses special operations personnel who have not obtained a special operation certificate to do section work, it shall be ordered to make corrections within a time limit. and where corrections are not made within the time limit, they shall be ordered to suspend production and business for rectification, and may be fined up to 20,000 yuan.
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Legal Analysis:1It is illegal to work without a welder's license. 2.Personnel with fire hazards such as electric welding and gas welding and operators of large-scale automatic fire protection systems must be certified to work and abide by fire safety operating procedures.
Legal basis: "Provisions on the Administration of Safety Technical Training and Assessment of Special Operations Personnel" Article 39 Where a production and business operation entity uses special operations personnel who have not obtained a special operation certificate to work on the job, it shall be ordered to make corrections within a time limit; A fine of less than 50,000 yuan can be imposed; If the correction is not made within the time limit, it shall be ordered to suspend production and business for rectification, and a fine of between 50,000 and 100,000 yuan shall be imposed, and the directly responsible managers and other directly responsible personnel shall be fined between 10,000 and 20,000 yuan. If a coal mining enterprise uses special operators who have not obtained a special operation certificate to work on the job, it shall be punished in accordance with the provisions of the Special Provisions on the Prevention of Coal Mine Production Safety Accidents.
Article 21 of the Fire Protection Law of the People's Republic of China prohibits smoking and the use of open flames such as imitation lead in places with fire and danger. If it is necessary to use open flame operation due to special circumstances such as construction, the approval procedures shall be handled in advance in accordance with the regulations, and corresponding fire safety measures shall be taken; Operators shall comply with fire safety regulations. Personnel who carry out fire hazard operations such as electric welding and gas welding and operators of automatic fire protection systems must be certified to work and abide by fire safety operation procedures.
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1. If the production and business operation unit uses special operation personnel who have not obtained the special operation certificate to work, it shall be ordered to make corrections within a time limit;
2. If the production and business operation entity has any of the following acts, it shall be ordered to make corrections within a time limit; If the correction is not made within the time limit, it shall be ordered to suspend production and business for rectification, and a fine of not more than 20,000 yuan may be imposed
1. Failure to set up a safety production management organization or assign safety production management personnel in accordance with regulations;
2. The special operation personnel have not changed the stool in accordance with the regulations, and have undergone special safety operation training and obtained the special operation qualification certificate, and are on duty.
Scope of special operations:
1. Electrician;
2. Metal welding and cutting;
3. Hoisting machinery (including elevator) operation;
4. Driving of motor vehicles in the enterprise;
5. Ascending erection and high-altitude suspension industry;
6. Refrigeration operation;
7. Boiler operation (including water quality testing);
8. Pressure vessel operation;
9. Blasting operation;
10. Mine ventilation operation (including gas inspection);
11. Mine drainage operations (including tailings dam operations);
12. Miscellaneous.
In summary, if the circumstances are serious, they will be detained. According to the relevant laws and regulations, personnel who carry out fire hazard operations such as electric welding and gas welding and operators of automatic fire protection systems must be certified to work and abide by fire safety operating procedures.
Violation of relevant regulations will be punished with a warning or a fine of not more than 500 yuan; where the circumstances are serious, they will be detained for up to five days.
Legal basis]:
Article 21 of the Fire Protection Law of the People's Republic of China.
It is forbidden to smoke or use open flames in places with fire and high risk of fire. If it is necessary to use open flame operation due to special circumstances such as construction of pure leather, the approval procedures shall be handled in advance in accordance with the regulations, and corresponding fire safety measures shall be taken; Operators shall comply with fire safety regulations.
Personnel who carry out electric welding, gas welding and other operations with fire hazards and operators of automatic fire protection systems must be certified to work and abide by fire safety operating procedures.
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Those who carry out unlicensed electric welding and gas welding operations shall be given a warning or a fine of less than 500 yuan in accordance with the provisions of Paragraph 2 of Article 63 of the Fire Protection Law; where the circumstances are serious, they are to be detained for up to 5 days. In any of the following circumstances, it is deemed to be "serious circumstances" and shall be detained for up to 5 days.
1) Carrying out unlicensed electric welding or gas welding operations in relevant places for the production, operation, storage, transportation, and use of flammable and explosive dangerous goods;
2) Conducting unlicensed electric welding or gas welding operations in crowded places such as public gathering places;
3) Carrying out unlicensed electric welding and gas welding operations in state organs, radio stations, television stations, postal and communication hubs;
4) Carrying out unlicensed electric welding or gas welding operations in residential buildings;
5) At the construction site of a construction project, unlicensed electric welding and gas welding operations are carried out;
6) Having received an administrative punishment for fire management for carrying out unlicensed electric welding or gas welding, or conducting unlicensed electric or gas welding operations for two or more times;
7) Other circumstances that might cause serious consequences.
Anyone who hires, instigates or forces others to carry out unlicensed electric welding or gas welding operations shall be punished in accordance with Article 64 (1) of the Fire Protection Law; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Legal basis]:Article 64 of the Fire Protection Law of the People's Republic of China Whoever violates the provisions of this law by committing any of the following acts, which does not constitute a crime, shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 500 yuan; where the circumstances are more minor, a warning or a fine of up to 500 RMB is to be given
1) Instigating or forcing others to violate fire safety regulations and work at risk;
2) negligent causing disaster;
3) Obstructing the alarm after the fire has occurred, or the personnel with reporting duties do not call the police in a timely manner;
4) Disrupting the order of the fire scene, or refusing to carry out the command of the fire scene commander, affecting fire fighting and rescue;
5) Intentionally destroying or falsifying the scene of a fire;
6) Unpacking or using a place or part that has been sealed by the fire department of the public security organ without authorization. "
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Summary. Hello dear! In the production unit, if there is no welder operation certificate, it is an unlicensed post, the safety supervision bureau will know that the relevant units will be heavily fined, if the unit is not aware, unauthorized illegal operation, the damage caused, by their own responsibility, the company only bears management responsibility.
Who hires is held accountable. According to the provisions on personal injury compensation, if an employee suffers damage due to work, the employer shall be liable; If an accident occurs when an unlicensed person is employed, the employer shall be liable.
Unless it can be proved that the employee forged documents or committed other wrongdoings, or that the service party was at fault.
Hello dear! In the production unit, if there is no welder operation certificate, it is an unlicensed post, the safety supervision bureau will be punished by the relevant units after knowing it, if the Tansui unit is not aware, unauthorized illegal operation, the damage caused by themselves, the company only bears management responsibility. Who hires is held accountable.
According to the provisions on personal injury compensation, if an employee suffers damage due to work, the employer shall be liable; If an accident occurs when an unlicensed person is employed, the employer shall be liable. Unless it can be proved that the employee forged documents or committed other wrongful acts, or that the service party was at fault.
Legal basis] "Work Safety Law of the People's Republic of China" Article 82 If a production and business operation entity has any of the following acts, it shall be ordered to make corrections within a time limit; If the correction is not made within the time limit, it shall be ordered to suspend production and business for rectification, and a fine of not more than 20,000 yuan may be imposed: (1) failing to establish a production safety management organization or appoint production safety management personnel in accordance with regulations; (B) the production, operation, storage of dangerous goods units, as well as mines, construction units of the main responsible person and production safety management personnel in accordance with the provisions of the assessment qualified; (3) Failing to follow the provisions of Articles 21 and 22 of this Law to conduct education and training on production safety for employees, or failing to truthfully inform employees of relevant production safety matters in accordance with the provisions of Article 36 of this Law; (4) Special operations personnel have not been trained in special safety operations and obtained special operation qualification certificates in accordance with regulations, and are employed on duty.
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Legal Analysis] Businesses are subject to suspension and fines. Employees of production and business operation units who do not obey the management and violate the rules and regulations of production safety or operating procedures shall be criticized and educated by the production and business operation units and punished in accordance with the relevant rules and regulations; Where a major accident is caused and a crime is constituted, criminal responsibility shall be pursued in accordance with the relevant provisions of the Criminal Law. In addition, for those who engage in special operations without training and assessment, the regulations on the management of construction project safety production stipulate administrative penalties; Where a major safety accident is caused and a crime is constituted, the persons directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
If the production and business operation entity uses special operations personnel who have not obtained the special operation certificate to work, it shall be ordered to make corrections within a time limit; and where corrections are not made within the time limit, they shall be ordered to suspend production and business for rectification, and may be fined up to 20,000 yuan. If a coal mining enterprise uses special operators who have not obtained a special operation certificate to work on the job, it shall be punished in accordance with the provisions of the "Special Provisions on the Prevention of Coal Mine Production Safety Accidents".
Legal basis] Work Safety Law of the People's Republic of China Article 27 The special operations personnel of the production and business operation units must undergo special safety operation training in accordance with the relevant provisions of the State and obtain the corresponding qualifications before they can take up their posts. The scope of special operations personnel shall be determined by the safety production supervision and management department in conjunction with the relevant departments.
Businesses that make false claims will be subject to financial penalties or revocation of business licenses, and will be ordered to stop illegal acts.
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