【 Weak current College 】 Supervisor security supervision of liability risk

Safety supervision and liability risks are manifold. At the present stage, supervisor-security risk management responsibility for the following reasons:

First, the construction of the present situation grim

⑴ "achievement project," some government leaders, in order to "achievements" in a bid to shorten a normal duration, in the compresses the contract duration, always striving for "progress," low-priced tender actually cancel or compressed security measures.

⑵ "price bidding, bid". Construction units for the project, taking low cost bid, bid in order to obtain profits that would reduce the various types of expenses, work safety measures fees exist in name only, the set of protection is not set, the implementation of security measures.

⑶ "omelette" tender, unlawful. A large number do not have corresponding qualification of construction units to obtain project anchored with higher qualification of construction units, while its own security management capacity, whilst hanging units not strict management. Another project was subcontracted to dismember awarding multiple times does not have a qualified team of construction is also very common.

⑷ individual government safety oversight bodies and safety supervisor, folded, law enforcement, lack of effective safety production supervision.

Due to the construction of the severity of the status quo is supervisor security supervision responsibility risk serious external causes.

Second, the ability and responsible supervisor, duties and rights of asymmetry

Ability and responsible

Regardless of the building Act, the supervision norms and the establishment of supervision system of the mind, and the terms of the international non-, supervision of tasks is advisory only, and only three objectives (investment, quality, and progress), is a project entity identification and control, does not require supervisor with security management capabilities. Under the legislative act should be subject to higher level law, be subject to the relevant legal regulations, the Act does not require supervisor with capacity, but the requirements of the regulations, which have to say that is a pity. Supervision of the source is a professional technical and management personnel, and security management should be a dedicated management science, to supervision may be responsible for the safety supervision, there is no such capability (including directors). To supervision may be responsible for the safety supervision, first in the enterprise personnel qualification requirements, increase in specialized security engineer, but in the supervision of a project to increase safety engineer, additional costs, corresponding to pay anyone? construction unit from the bottom is not willing to pay, because the construction units only willing to accept the purchase of the eligible costs of the building trade, construction products in the production process to guarantee the safety of personnel, that is the producers. What's more, disorderly competition at this stage of the State, the supervision of rates in the 80 's lowest rates are greatly reduced, the owners increase safety supervision fee is false, the supervisor what ability to assume responsibility for the safety supervision. Thus the responsibility and risk that is inevitable.

Responsibility and rights

Supervision of power comes from the owner, is the owner of the contract under supervision. In fact in most cases the owners of the right to only quality confirmation gives the supervision. Some say the Ordinance for the supervision of safety supervision authority, not the only person who conferred on supervision, supervision of safety supervision responsibility who is not a "Bureau", and no law enforcement qualification, no punishment, constraints, and any other power, not to mention the fact that supervision of clients — owners have no security enforcement and punish illegal construction units, which is the principal and to powers? in the security management process, the supervisor only can do nothing but notice. But a paper notice "supervision" in the construction unit construction and good wishes to the barbaric before and what requirements downtime?, don't forget to start with the owner's consent, if the owners do not agree to cease work? so responsibilities and powers should be reciprocal. No authority to require responsibility, liability risk can be imagined.

The above constitutes the liability risk of internal reasons

3. responsibility for the judgment discretion of enlargement constitutes a safety supervisor liability risk of legal reasons. This includes:

⑴, on the "measures" and "scheme" is a procedural review or technical review, overseeing what to review commitments.

⑵ found hidden construction party refused rectification must be promptly reported to the relevant competent authorities. What security risks requiring escalation? what does timely? for example building sites found that workers do not wear a helmet and refusing rectification, this report does not report? if not, the "little things", in the case of safe and out of the accident, the supervisor is not liable for the contractor? also, if the construction unit agreed rectification is not reported, as in the rectification in safety accidents, how to recognize the responsibility?

⑶ the building Act, 69 only for either case supervisor to criminal responsibility. First, "and building units and construction units collusion, falsification"; the second is "lower quality standards". Article 137 of the criminal law should supervision of criminal responsibility is a "violation of government regulations to reduce engineering quality standards have significant security incidents". Two methods are just the result of supervision by the quality standards to reduce the project resulted in a major security incidents of criminal liability only. Although this project is a formal project, that is, the end product engineering, does not mean a temporary project. Such as scaffolding, pit protection, etc. Temporary construction works is to complete the measures taken by the product, the supervisor is not liable for temporary projects. But the regulations but to article 57 supervisory people on temporary works "has not reviewed and does not require, unreported," according to the Penal Code, criminal liability and the criminal code is not recognised in this article. The Ordinance to supervision in accordance with the criminal code is not considered a crime to conviction of sin.

The above will result in the supervision of safety supervision responsibility, judge an unlimited discretion to expand, so will cause any construction site accident as long as there may be direct supervision responsibility first judgment, the site of a security incident occurs, people assume administrative supervision and the legal responsibility and it was notStrange. On supervision were extreme unfair responsibility determination of discretion will be overseeing the greatest most deadly risk.