Defense Research And Production Safety Accident Reporting And Investigation Approach

Original Language Title: 国防科研生产安全事故报告和调查处理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347836.shtml

Defense Research and production safety accident reporting and investigation approach

    (December 24, 2010 Department of industry and information technology announced as of June 1, 2011, 18th) Chapter I General provisions

    First in order to regulate defence research and production safety accident reporting and investigation process, implementation of the responsibility system of production safety accidents, the prevention and reduction of defence research and production safety accidents, according to the People's Republic of China production safety law and the People's Republic of China Law on guarding State secrets law, these measures are formulated.

    Article defence research and production safety accident reporting and investigation process, these procedures apply.

    Defense Research and production safety accidents in these measures (hereinafter referred to as accidents), refers to the acquisition of weaponry and equipment research and production entities in the weapon equipment research, production, testing, storage, destruction activities arose as a result of personal injury accidents or direct economic losses.

    Article based on casualties or economic loss caused by accidents and incidents are classified into four grades:

    (A) in special accident refers to more than 30 people killed or seriously injured more than 100 people (including acute industrial poisoning, the same below), or more than 100 million yuan of direct economic losses;

    (B) the major accident means caused the death of more than 10 people under 30, or 50 people for more than 100 people injured, or 50 million Yuan more than 100 million yuan of direct economic losses of accident;

    (C) greater accident refers 3 people for more than 10 people died, or 10 more than 50 people injured, or 10 million Yuan and 50 million yuan of direct economic losses;

    (D) the General accident refers 3 people following death or less seriously injured 10 people, or less than 10 million yuan of direct economic losses.

    Fourth incident reporting should be timely, accurate, complete, and any unit and individual shall, not later than about the accident, omitted, false or concealed.

    Investigation and handling of accidents should adhere to the principle of seeking truth from facts, respect science, timely and accurately find out after the accident, the cause of the accident and accident losses, identifying the nature of identified responsibility for the accident, summarize the lessons learned from, propose corrective measures, and prosecuted those responsible for the accident.

    Fifth National Defense Science and technology industry Council (hereinafter referred to as the National Defense Science and Industry Council) is responsible for national accident statistics, accident reporting and investigation work; provincial science and technology industry for national defense management departments in accordance with the regulations, is responsible for accident reporting and investigation process work within their respective administrative areas, and to report to the National Defense Science and Industry Council investigation and handling of accidents.

    Sixth and incident reporting and investigation process, emergency information, shall comply with the confidentiality provisions of the national laws and administrative regulations.

    Without approval of the National Defense Science and Industry Council, no unit or individual is allowed to release information about secret.

    Chapter reports Seventh after the accident, accident-related personnel shall immediately report to the head of the unit; head of unit after receiving the report, the accident occurred within 1 hour of provincial science and technology industry for national defense management report.

    Central-owned military enterprises and institutions should also be level to their respective military group report.

    Combustion explosion and toxic and hazardous materials accidents and other incidents that require social assistance shall immediately report to the local people's Governments and relevant emergency rescue organizations.

    Eighth provincial science and technology industry for national defense management and military group after receiving the accident report, report to Defense Science and Industry Council shall, in accordance with the following time limits:

    (A) immediately report accidents and serious accidents;

    (B) greater accident report within 2 hours;

    (C) the General accident report within 12 hours.

    Defense industry management after receiving the accident report at the provincial level, should inform the police, work safety supervision and management departments at the provincial level.

    After the larger or more accidents reported to the National Defense Science and Industry Council should be based on the accident, in accordance with the first paragraph of this article for the first item, second item to a specified time frame of industry and information technology, the State administration of work safety reported.

    Nineth report should include the following:

    (A) the accident unit profiles;

    (B) the time, place and the scene of the accident;

    (C) briefly after the accident;

    (D) has or is likely to cause casualties (including the number of persons unaccounted for) and preliminary estimated direct economic loss;

    (E) the measures that have been taken;

    (Vi) other reports.

    Within 30th of the tenth report (fire accidents occurred within 7th day of) changes in the number of casualties, it shall promptly remedy.

    11th accident unit after receiving the accident report shall immediately activate emergency response plans and adopt effective measures to organize rescue and prevent accidents expanded, reducing casualties and property losses.

    Explosion at the scene of the accident, acute poisoning and other secondary risk of accident, emergency rescue work should be in the emergency headquarters of the unified command under the guidance of experts and security technology.

    Article 12th after receiving the accident report, provincial-level science and technology industry for national defense management, military group should be immediately deployed to the scene, carry out related work; over is a major accident, Defense Science and Industry Council should be sent to the scene, carry out related work.

    Article 13th after the accident, accidents and related personnel should be properly protected accident scene and related evidence, no unit or individual may destroy the scene of the accident, destruction of relevant evidence.

    For rescue workers, prevent accidents expanded and Unclog traffic,, you need to move the scene objects, flags should be made, draw diagrams and make written or video records, keep important traces and evidence.

    14th Defense Science and Industry Council, the provincial science and technology industry for national defense management and military industry group company safety production duty system should be established, duty phone released, receiving accident reports and reporting.

    Chapter III accident investigation

    15th major accident occurred, Defense Science and Industry Council shall coordinate with the departments authorized by the State Council or the State Department investigation; major accident investigation organized by the National Defense Science and Industry Council; the larger accident, accident investigated by the provincial science and technology industry for national defense management organizations.

    The military units of the accident accident investigation group should participate in relevant sector organizations.

    3 people following serious injury or accident less than 3 million yuan of direct economic loss, Department may delegate in charge of accident investigations unit the parent organization of the accident investigation.

    16th within 30th since the date of the accident (fire within 7th since the date of occurrence of the accident), accident changed due to casualties, according to changes after the accident can be determined by the appropriate departments to review the accident investigation and, if necessary, should prior investigation.

    17th Department responsible for accident investigations should follow streamlining, efficiency, confidentiality form unit, conducting investigations.

    Accident investigation department according to the specific circumstances of the accident, invite the relevant production safety supervision and management departments and supervisory organs, public security organs, procuratorial organs, trade unions sent to participate in accident investigations, accident unit parent unit should be represented in it.

    Accident investigation teams to hire the experts involved in the investigation. Article 18th designated leader of the accident investigation team in charge of accident investigations, presided over by the accident investigation team.

    Members of the investigation team should have the knowledge needed for accident investigation and expertise, and the investigation of accidents is not directly at stake.

    Article 19th accident investigation unit shall perform the following duties:

    (A) the accident occurred, causes, casualties and direct economic losses;

    (Ii) finds that the nature of the accident and liability;

    (C) make recommendations on those responsible for the accident;

    (D) summarize the lessons learned from proposed preventive and corrective measures;

    (E) accident investigation reports submitted.

    Article 20th accident investigation team shall be entitled to relevant units and individuals to learn more about the circumstances surrounding the accident, and invited to provide the relevant documents and data, relevant units and individuals shall not be refused.

    Units in charge of the accident and the person concerned during the investigation period shall not be absent without leave, and should be ready to accept the accident investigation unit inquiries, provide relevant information.

    Accident investigation found that a suspected crime, accident investigation unit shall promptly remove the material or copy of the transferred to judicial organs for handling.

    21st technical appraisal is required in the investigation of the accident, accident investigation group may entrust a qualified units set by the State technical appraisal, can also be directly organized experts to conduct technical appraisal.

    Identification time required is not included in the investigation period.

    22nd member of the accident investigation team in accident investigations should in good faith just, fulfill their duties, abide by the accident investigation team discipline, keep accident investigation secrets.

    Accident investigation team members are not allowed to release information about the incident.

    Article 23rd accident investigation unit shall, within 60 days of the date of the accident accident investigation reports submitted; special case, approved by the Department responsible for accident investigation, accident investigation reports submitted may extend the period, extended periods of not more than 60 days.

    24th survey report should include the following:

    (A) the accident unit profiles;

    (B) after the accident, and rescue situations;

    (C) casualties and direct economic losses caused by accidents;

    (D) the cause of the accident and the nature of the accident;

    (E) the liability of the accident as well as recommendations on those responsible for the accident;

    (F) the accident prevention and corrective actions. Accident investigation report shall be attached to the relevant evidential materials. Members of the accident investigation team should sign the accident investigation report.

    Accident reports involving State secrets, secrets should be identified and in accordance with the provisions on confidentiality in the management.

    25th accident investigation after the accident investigation department shall recover the accident investigation, file.
Fourth chapter

    Article 26th major larger accident, accident, accident, is responsible for accident investigation department shall from the date of receipt of the investigation report on the accident within 15th to reply; special case, approval time may extend, extension of time not longer than 30th.

    Approval should be clear of the accident and the opinion of the person concerned.

    Departments and units concerned shall reply, in accordance with the laws, administrative regulations and management of permissions, to process the accident unit and related responsible personnel.

    Staff with responsibility for accidents constitute a crime, criminal responsibility shall be investigated according to law.

    27th accident shall promptly implement preventive and corrective measures to prevent the recurrence of accidents.

    National Defense Science and technology industry management and accident units units of parent account of the accident should be implemented preventive and corrective measures for supervision and inspection. 28th results of investigation and handling of accidents, by the departments responsible for accident investigations in the context of related communications.

    Accidents involving State secrets, secrets to be indicated, and strictly control the access scope.

    29th provincial defense industry Management Department is responsible for investigating accidents, shall from the date of completion within the 15th will be subject to the approval of the accident investigation report submitted to the National Defense Science and Industry Bureau, and at the same time informed of production safety supervision and management departments of the local people.

    The fifth chapter legal liability

    Article 30th accident unit, directly responsible for the heads and other persons directly responsible for one of the following acts, activities contravening public security management, by the public security organs shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law; belongs to the agents of the State, should also be given sanctions according to law.

    (A) misrepresent or conceal the accident;

    (B) forge or vandalism, the scene of the accident;

    (C) the transfer of funds, property, concealment or destruction of relevant evidence and information;

    (D) refused to accept the investigation or refuses to provide relevant information and materials;

    (E) perjury or instigate others to commit perjury in the investigation of the accident;

    (Vi) go into hiding after the accident.

    31st accident unit charge of safety production management of failing to perform their duties, leading to accidents, disciplined in accordance with the relevant provisions constitutes a crime, criminal responsibility shall be investigated according to law.

    32nd article occurred larger above accident units management chaos, not has legal provides of safety conditions, by reorganization still cannot meet safety conditions of, by sent card organ law temporarily buckle or revoked its about card as; accident occurred units main head by criminal punishment or dismissed disposition of, since penalty implementation finished or by disposition of day up, 5 years within shall not served as military enterprises of main head.

    33rd responsible for the management of production safety department or unit to one of the following acts, the directly responsible person in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    (A) not immediately organized emergency rescue;

    (B) intentionally fail to report, or misrepresent, conceal the accident;

    (C) obstruct, interfere in accident investigations;

    (D) perjury or instigate others to commit perjury in the investigation of the accident.

    Article 34th participate in accident investigations, accident investigations of any of the following acts shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law.

    (A) not responsible for accident investigations, accident investigations have major omissions;

    (B) the harboring and protecting staff with responsibility for accidents or taking revenge.

    35th personnel involved in incident reporting and investigation, in breach of the confidentiality provisions, in accordance with the relevant laws and administrative regulations for processing.

    The sixth chapter supplementary articles

    36th nuclear accidents, military defence research and test activities occurred in accidents and accident reporting, investigation and handling of maritime accidents, these procedures do not apply.

    37th Ministry of industry and information technology, University production safety accidents, should be immediately reported to the Ministry of industry and information technology.

    38th article of the approach is known as the "upper" include the number, called "the following" not including the number itself. 39th article of the rules take effect on June 1, 2011.