Research On China Construction Safety Management Legislation System

Law, as a fundamental construction safety management tool, regulates all kinds of social relations existing in construction safety by right and duty, and regulates the behavior of dutyholders. Currently, our country has set up the basic construction safety management legislation system which sets out safety duties of participants involved in construction activities, including contractors, clients, designers, supervisors, safety intermediary agents and the operating workers etc. The legislation system also sets out safety duties of inspectors, including government, safety supervision departments and construction administrative departments etc. However, due to the defect of the construction safety management legislation, the safety duties of participants involved in construction activities and inspectors of government departments have not been implemented well. For example, the clients tend to seek the lowest bid while neglect the safety performance of contractors, contractors depress the construction safety input and the rural migrant workers participate in the construction activities without formal training. Therefore, it is significant to set up a systematic, executable and reasonable construction safety legislation system aiming to regulate the construction safety order and enhance the safety level.Based on the current situation of our country's construction safety legislation system and the literatures of home and aboard, the dissertation summarizes the occupational health and safety legislation systems of developed countries and regions and points out that the basic law of construction safety legislation system should be strengthened and the safety law and regulations should be descriptive. Then the dissertation analyzes the current safety legislation system from the perspective of the completeness of duties, the equality of duties and rights and the enforcement of paragraphs in order to reveal the defect of legislation system in respect of the normative documents of law, the safety duties and the implementation effects of law and regulations. The dissertation finds out there are some problems existing in the completeness, systematicness, coordinability and enforceability of legislation system. Besides, because of the unequal duties and rights of clients, supervisors and designers, the safety duties of these participants have not been implemented well. Finally, on the basis of deductive reasoning method, the dissertation puts forward the development direction of our country's construction safety management legislation system which means setting up a reasonable framework for the integrated management of health and safety, everyone involved working together to improve safety and life cycle construction safety management. The dissertation also proposes specific recommendations of how to improve the legislation system.