Provisions Of The Supervisory Organ Participate In Production Safety Accident Investigation

Original Language Title: 监察机关参加生产安全事故调查处理的规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201303/20130300385464.shtml

Provisions of the supervisory organ participate in production safety accident investigation

    (November 15, 2012, the Ministry promulgated as of January 1, 2013, 28th) Chapter I General provisions

    First in order to standardize the supervisory organ participate in production safety accident investigation process, implementation of the responsibility system of production safety accidents, the prevention and reduction of production safety accidents, according to the People's Republic of China Law on administrative supervision, the People's Republic of China Law of safety production, the production safety accident reporting, investigation and handling regulations and other relevant laws, administrative regulations, this provision is enacted.

    Second supervisory organs participate in the people's Governments at the corresponding level central organization or the level shall empower the relevant departments, delegation superior supervisory organs, specifying, as well as the supervisory organ leaders approve production safety accident investigation work, these provisions shall apply.

    Third supervisory organ participate in production safety accident investigation process should adhere to rigorous science, law and regulation, the principle of a pragmatic, results-oriented.

    On production safety accident investigation and handling of violations, should ensure clear facts and evidence, accurate, legal, procedures to process the appropriate and complete.

    Article fourth according to the work safety accidents causing casualties or economic loss, grading survey supervisory organs in accordance with the following provisions, if necessary, the superior supervisory organs directly under the jurisdiction of the production safety supervisory organs at all levels within the jurisdiction of the investigation and handling of accidents:

    (A) caused the death of more than 30 people, or more than 100 seriously wounded (including acute industrial poisoning, the same below), or more than 100 million yuan of direct economic losses of a particularly serious accidents shall be formulated by the supervisory organs of the participants;

    (B) caused the death of more than 10 people under 30, or 100 people seriously injured more than 50 people, or more than 50 million Yuan to 100 million yuan of direct economic losses of major accidents, by provincial-level people's government supervisory organs participate in the investigation;

    (Iii) more than 3 people below 10 deaths, or more than 50 people injured 10 people, or 50 million yuan of direct economic losses of more than 10 million Yuan more from districts, the municipal people's government supervisory organs participate in the investigation;

    (D) caused the death of 3 people or less seriously injured 10 people, or less than 10 million yuan of direct economic losses, attended by the people's government supervisory organs at county level survey.

    No casualties or economic losses, but bad incidents, investigation and handling of the State Council or the relevant local people's Government may consider necessary, surveillance authorities in accordance with the regulations. Fifth major and below grade accident, incident and accident units above the county level are not in the same administrative region, in principle by accident to the supervisory organs above the county level to participate in the survey, if necessary, by units having jurisdiction of the supervisory organ for the accidents mainly participate in the survey relating to the monitoring bodies to assist in the investigation.

    A dispute, decided by their common superior supervisory organs. After the investigation is completed, and manage permissions for the monitoring authorities dealing with matters within their respective jurisdictions. Before you make a decision, it shall advise, consult the respective comments.

    Consultation is inconsistent, determined by their common superior supervisory organs.

    Sixth supervisory organ participate in production safety accident investigation, shall perform the following functions:

    (A) participation in the cause of the accident, the nature of the investigation identified;

    (B) organization relates to monitoring violations of the accident investigation, make a decision or recommendation of supervision according to law;

    (C) the monitoring of accidents involving complaints and accusations of violations of the object;

    (D) to monitor objects in the work of investigation and handling of accidents to fulfil responsibilities, supervise the implementation of the law;

    (V) monitoring recommendations to the monitoring objects, urged summarizing lessons learned from, improve production safety rules and regulations.

    Chapter II filing and investigation Seventh supervisory organ participate in production safety accident investigation, based on the people's Governments at the corresponding level, superior supervisory organs or level decisions, approval of the supervision agency approval to participate in the survey as the basis for filing without further approval procedures the performance incorporated.

    Filing time for decision, date of approval.

    Recognized belongs to the natural disaster or criminal cases, in accordance with the relevant provisions.

    Eighth supervisory organ participate in production safety accident investigation, surveys should be developed, after approval by the monitoring authority participate in the head of the investigation team executed.

    Survey programme includes issues should be identified and clues investigators composition and Division of labour; investigative steps, methods, and so on. Nineth supervisory organs shall, according to law, comprehensively and objectively collect relevant evidence.

    When the investigation, the investigator shall be at least two people.

    Tenth supervisory organs may conduct on-site investigations, inspections, and shall make a written record of exploration, examination report or by the participants in the surveys, inspections and witness the signature or seal of the person; if necessary, you can take pictures, videos.

    11th survey asks the supervisory organs should be individualized and talking to and making notes.

    12th supervisory organs according to research needs, may ask the relevant administrative departments and institutions to offer assistance on specialized issues involved, or may ask the relevant specialized agencies to make conclusions.

    13th supervisory organs should be found violating the fact that written materials meet with the person under investigation, and listen to their statements and to defend themselves. Supervisory organs should be required to meet people in the investigation of the facts being investigated materials has not been signed and signed.

    Respondents challenged, supervisory organs shall make a written statement. After the end of the 14th accident investigation, the supervisory organ participate in accident investigation authorities shall draw up a report.

    Main contents of the report include: filing basis; the basic facts of the accident; the cause of the accident and the nature and responsibilities of the relevant units and personnel and treatment recommendations, and so on.

    15th supervisory organ participate in production safety accident investigation time limits, in accordance with the production safety accident reporting, investigation and handling of the relevant provisions of the Ordinance.

    16th supervisory organ participate in production safety accident investigation officers have one of the following circumstances shall voluntarily withdraw; the person under investigation, complainants, informers and accident units interested citizen, legal person or other organization has the right to apply for his withdrawal:

    (A) is the person under investigation or the accused person, close relatives of the Prosecutor;

    (B) I have a stake in or near relatives and accident units;

    (C) with the person under investigation or the accuser, the Prosecutor had other relationships, which may affect the impartial investigation and handling of accidents. Withdrawal of the head of supervisory organs, decided by the head of the supervisory organs at a higher level; avoidance of other investigators, by the head of the watchdog decided.

    Supervisory organs found in the survey personnel should avoid situations, can be directly decided on the withdrawal.

    17th supervisory organ participate in production safety accident investigation personnel shall abide by the accident investigation team discipline, secrecy, are not allowed to publish information relating to the accident. 18th supervisory organ participate in production safety accident investigation process, monitoring corruption, bribery, breach of administrative discipline problems, according to the actual situation of using or to initiate an investigation.

    Further investigation, in accordance with the relevant provisions of supervisory organs.

    19th found that members of the investigation team suspected of violating, a supervisory organ participate in accident investigation department shall report to the supervisory organ, approved by the heads of the supervisory organ, and investigated by the Department concerned in accordance with administrative privileges.

    Chapter III treatment

    20th supervisory organs responsible for the accident disposal of audit, in accordance with the following provisions:

    (A) organized or authorized by the State Council relevant departments under the State Council, State Council supervisory organs participate in the investigation of a particularly serious accident, supervisory organ participate in the investigation department under the State Council shall transfer the case processing sector processing; after the hearings Department hearing, submitted to the supervisory organs of the State Council research decisions or comments;

    (B) organized by the local people's Government or authorized organization survey production safety accidents, Commission departments, supervisory organ participate in the Investigation Department of Department shall transfer the case to trial can be heard; treatment of persons monitored by the authorities, by the consent of the local people, reported to the supervisory organs at a higher level for the record;

    (C) according to the relevant decisions of the superior supervisory organs or approved to participate in the investigation, supervisory organ participate in the Investigation Department of Department shall transfer the case to trial can be heard; treatment of persons monitored by the authorities, and report to relevant decisions made or approved by the superior supervisory organs of the validation.

    Dealt with by superior supervisory organs participate in the investigation of the accident, have hearing superior supervisory organs, subordinate supervisory organs in the implementation of the processing of comments can no longer be heard.

    21st accident cases referred to, should have the following material:

    (A) filing basis;

    (B) investigation reports;

    (C) participation in the views and instructions of the head of the investigation department;

    (D) all evidentiary materials;

    (E) respondents to meet the material and my opinion and participate in the investigation department description of its opinion;

    (Vi) technical appraisal reports;

    (VII) which should be referred to other materials.

    The 22nd article of significant complexity, degree of social concern and high qualitative processing of difficult cases, the supervisory organ participate in accident investigation department in fact for identification, after the primary responsibility clearly, approved by the leadership of the supervisory organ, and trial Department can intervene ahead of trial.

    23rd handling comments by the supervisory organs according to law, should be brought to the accident investigation group into the accident investigation report. 24th supervisory organs in response to the people's Governments at the corresponding level for the accident investigation unit, after the approval of the report shall be in accordance with the laws and regulations of the jurisdiction and the procedures, responsible for monitoring objects directly make the decision or step by step inform subordinate supervisory organs to make the decision.

    Subordinate supervisory organs to implement the views of, and sanctions should be decided within 60 days, hierarchical superior supervisory authorities for the record.

    25th supervisory organs to monitor the object after making the decision, shall be sent to the personnel department or the relevant departments under the same level. 26th supervisory organs in the investigation and handling of accidents should strengthen cooperation with judicial authorities.

    Person suspected of a crime, shall be transferred to judicial organs according to law.

    27th monitored objects subject to criminal liability under article undertaken, the supervisory organs shall, in accordance with the entry into force of the judiciary judgments or orders and decisions and findings of fact, nature and circumstances, in accordance with administrative privileges shall be subject to punishment or other treatment.

    28th supervisory organs shall, jointly with relevant departments to implement and supervise and inspect the implementation of the decision.

    Refusing to execute or deliberately break the rules is not executed correctly, deliberately delay or alter the handling comments, disposition decisions, responsible leaders and persons directly responsible shall be given disciplinary action.

    29th monitoring object is not satisfied with the decision of the disciplinary action, in accordance with the People's Republic of China Law on administrative supervision, the People's Republic of China Law on civil servants and the punishment of civil servants of administrative organs complaint with the relevant provisions of the Ordinance.

    The fourth chapter by-laws 30th supervisory organs participate in the people's Governments at the corresponding level central organization or the level shall empower the relevant departments, delegation superior supervisory organs, specifying, as well as the supervisory organs approved production safety accidents accidents other than disasters and public health incidents and social safety incidents investigation, in principle with reference to these provisions.

    Otherwise prescribed by national laws and regulations, from its provisions.

    31st article this provides that the Ministry is responsible for the interpretation. 32nd these provisions come into force on January 1, 2013. The supervisory organ participate in special accident investigation and handling regulations (Jian FA [1991]3) and the Ministry of supervision on the King, negligently responsible administrative sanction-rating approval notice (Jian FA [1997]3) repealed simultaneously.