Hubei Provincial Production Safety Accident Reporting And Investigation Approach

Original Language Title: 湖北省生产安全事故报告和调查处理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387179.shtml

Hubei provincial production safety accident reporting and investigation approach

    (August 13, 2012, Hubei provincial people's Government Executive meeting August 21, 2012 announced order No. 354 of Hubei province since November 1, 2012) Chapter I General provisions

    First in order to standardize the production safety accident reporting and 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 of safety production, production safety accident reporting and investigation Ordinance (hereinafter referred to as the regulations), the Hubei provincial safety production regulations and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Article in production and business activities in the administrative area in the province occurred in caused personal injury, direct economic losses of production safety accidents (hereinafter referred to as the accident) reporting and investigation process, these procedures apply.

    Following a major incident accident reporting and investigation process, provisions of relevant laws, administrative regulations or the State Council, in accordance with its provisions.

    Article based on casualties or economic loss caused by accidents, accidents are divided into major accidents, fatal accidents, large accidents, General accident.

    Division of accident in accordance with the relevant provisions of the Ordinance. Fourth incident reporting should be timely, accurate and complete.

    No unit or individual shall not be late, and false negatives, false, hide the accident.

    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 people's Governments above the county level shall strengthen the accident reporting, investigation and handling of the leadership, supervision, and support departments comply with accident reporting, investigation and handling of duties according to law and safeguard investigation and handling of accidents work.

    Accident reporting and investigation process for government administrative head responsibility system, head of the people's Government of the main report and investigation into the accident processing work responsibility.

    Accident occurred about people's Governments shall support and coordinate higher people's Government or the relevant departments of investigation and handling of accidents work, and providing the necessary facilities.

    Article sixth under the people's Governments above the county level responsible for the accident in accordance with the classification principles are responsible for the investigation and handling of accidents.

    Work safety supervision and management departments above the county level people's Governments are accident reports and investigate the handling of comprehensive supervision and Management Department, responsible for accident investigation by accident investigation team. If necessary, the Government can directly organize investigation team to investigate the accident.

    Higher people's Governments may consider necessary, to lower level people's Governments are responsible for investigations, the accident.

    Seventh trade unions shall participate in the investigation and handling of accidents are entitled to put forward opinions to the relevant departments.

    Eighth no unit or individual may obstruct or interfere with the accident reporting and investigation in accordance with law.

    Participate in incident investigation and handling of personnel associated with the accident of units and individuals that have a direct interest, should be avoided.

    Nineth public and news media shall have the right to accident reporting and investigation process monitoring.

    Any unit and individual have the right to production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related reports and reporting accidents or reflected incident reporting and investigation dealing with problems in the work.

    Production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related 24-hour duty system should be established, and publicize safety complaint hotline, duty telephone, fax and the reporting award provisions at any time receive accident reports and reporting.

    Receive reports from the departments shall, in accordance with the relevant provisions of the report on the check is verified, the informant reward awards funded by the people's Government at the Liechtenstein; for tipoff, receiving reports and whistleblower related information confidential, protecting the legitimate rights and interests of the source.

    Chapter reports

    Tenth after the accident, accident-related personnel shall immediately report to the head of the unit; head of unit after receiving the report, it should be the people's Governments above the county level where the accident occurred within 1 hour production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related reports.

    When the urgency of the situation, directly to the scene of the accident the personnel accident occurred above the county level production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related reports.

    11th production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related after receiving the accident report, shall be reported in accordance with the following provisions, and notify the public security organs, the human resources and Social Security Department, monitoring bodies, trade unions, the people's procuratorates:

    (A) the major accident and significant incident escalation to the State production safety supervision and administration departments and departments responsible for the supervision and administration of production safety-related;

    (B) greater escalation to the provincial production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related;

    (C) General report to the district's municipal work safety supervision and management departments and departments responsible for the supervision and administration of production safety-related. Production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related accidents reported in accordance with the provisions of the preceding paragraph, shall also report the people's Governments at the corresponding level. If necessary, work safety supervision and management departments and departments responsible for the supervision and administration of production safety-related reported accidents can leapfrog. Departments responsible for the supervision and administration of production safety-related reported accidents, should at the same time copy to production safety supervision and management departments at the same level.

    When the escalation, and escalation time should not exceed 2 hours at each level.

    Related public emergency phone accepts component (such as 110, 119, 120, and so on) after receiving the accident report, shall promptly transfer the relevant information reported production safety supervision and management departments at the same level.

    12th greatly more accidents, relevant departments of the county where the accident occurred in accordance with the provisions of the present article 11th report at the same time, should be on the 1-hour call letters provincial safety production supervision and management departments and departments responsible for the supervision and administration of production safety-related, subsequent event report.

    13th report should include the following:

    (A) the basic unit of the accident (including the relevant license is complete);

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

    (C) briefly after the accident;

    (D) accidents have caused or may cause casualties (including missing, the number of risks) and preliminary estimated direct economic loss;

    (E) the measures that have been taken;

    (F) incident reporting units, speakers and contact information;

    (VII) other reports.

    14th accident reports new casualties occurred after, unit responsible for incident reporting shall remedy immediately.

    Within 30th of the accident (road traffic accidents, fire from the date it occurred in the 7th), changes in the number of casualties caused by accidents, should report on that day.

    15th no unit or individual is allowed to any of the following acts:

    (A) late-reported accidents, that the time of the accident reporting in excess of the prescribed time limit;

    (B) fail to report accidents, negligence should be reporting accidents or accidents of time, place, category, number of casualties and direct economic loss of content omission unreported;

    (C) lying about the accident, which did not report the accident time, location, a preliminary identification of causes, nature, and the number of casualties and risk numbers, direct economic losses relating to content;

    (D) conceal, hide the accidents that have occurred, in excess of the prescribed time limit not to production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related reports, verified.

    16th section after the accident, the accident occurred units shall immediately start the appropriate emergency, to take effective measures to actively organize rescue, prevent accidents expanded or causing of secondary accidents, minimizing loss of life and damage to property. Accident occurred about Government, work safety supervision and management departments and departments responsible for the supervision and administration of production safety-related after receiving the accident report, the person in charge should be immediately rushed to the scene of the accident, organization of accident rescue.

    More than larger accident, accident occurred relating to the people's Government of the main head or delegated official shall immediately sped to the scene and conducting accident and rescue work. Accidents resulting in injuries requiring treatment and accident units or personnel involved in rescue shall promptly send the injured people to hospitals. A medical institution shall timely treatment shall excuse denied.

    Accident occurred units shall pay medical bills. Article 17th relevant units and departments should properly protect the scene of the accident as well as the relevant evidence, and in accident investigation unit set up to hand over relevant evidence after the accident investigation team.

    Emergency rescue needs to change the status quo of the scene of the accident, it should be marked, draw a diagram, making on-site audio-visual information and make written records, keep important traces and evidence.

    No unit or individual may disrupt the scene of the accident, or forge, alter, hide or destroy evidence.

    Article 18th has a greater risk of accidents, one of the following circumstances, reference to the provisions of the larger accident reports and organizing rescue:

    (A) the risk more than 10 accidents;

    (B) more than 3 people were trapped or unaccounted for;

    (C) the emergency evacuation of more than 500 people in accidents;

    (D) production safety accidents causing serious pollution to the environment (densely populated places, living water, farmland, rivers, reservoirs, lakes, etc);

    (E) endanger the important places and facilities security (important dangerous chemicals in water conservancy facilities, warehouses, power stations, gas stations and stations, terminals, ports, airports and other crowded places, and so on);

    (Vi) other larger risks.

    Other risk accident occurred, in accordance with the General provisions of the accident report and organize rescue.
Chapter III accident investigation

    Article 19th major accidents, large accidents respectively, by accident, General accident provincial districts, the municipal people's Government, the people's Governments at the county level are responsible for investigations. Suspected illegal production caused by operating a larger accident and allegedly lied about or concealing large accidents, organized by the provincial work safety supervision and management departments investigation team to investigate the accident.

    Greater risk of accident, allegedly caused by illegal production and management of General accident and allegedly lied about or concealing, General accident, by district people's Government municipal work safety supervision and management departments of organization investigation team to investigate the accident.

    Does not result in death, serious injury 3 people or a direct economic loss of 3 million Yuan the following accidents, the County may authorize Township people's Governments of the accident investigation and handling of accidents. TRANS-where the accident occurred, United by a common higher level people's Government work safety supervision and management departments or their designate production safety supervision and management departments to investigate.

    Larger occurrence of accidents, accident and accident units above the county level are not in the same administrative region, by production safety supervision and Administration Department shall be responsible for the people's Government of the accident investigation, units of local Government shall be represented in the accident.

    20th the composition of the investigation team should follow the principle of streamlining and efficiency.

    According to the specific circumstances of the accident, safety supervision and Administration Department shall within 48 hours after receiving the accident report, in conjunction with the monitoring bodies, the public security organs, trade unions as well as the supervision and administration of production safety accident investigation team of relevant departments, and people's procuratorates should be invited to send participants.

    Accident investigation teams to hire the experts involved in the investigation.

    Article 21st members of the accident investigation team should have needed for accident investigation knowledge and expertise, and the investigation of accidents is not directly at stake. 22nd head of the accident investigation group chaired by the head of the work safety supervision and management departments; the people's Government of direct organization of accident investigation, head of the investigation group designated by the people's Government.

    Accident investigation work of the leadership of the head of the accident investigation team.

    Article 23rd accident investigation unit shall perform the following duties:

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

    (Ii) finds that the nature of the accident and the responsibility for the accident, confirmed the existence of late, fail to report, misrepresenting or concealing acts;

    (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 24th accident investigation team shall be entitled to relevant units and individuals to learn more about the circumstances surrounding the accident, need to provide related documents and materials, the relevant units and individuals shall not refuse.

    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.

    25th incident units and related units should be in the accident investigation unit within the specified time limits, the following materials:

    (A) copies of business licenses, approvals and certifications;

    (B) Organization and personnel-related duties certificate;

    (C) the safety production responsibility system and the related management system;

    (D) accident-related contracts, casualty identification and proof of labor relations;

    (E) accident-related equipment, information technology and security procedures;

    (Vi) directors, safety-control managers and special operations personnel qualification and safety education and training of relevant personnel;

    (VII) accidents causing casualties and direct economic losses as well as a description of;

    (H) the sketch map of the scene of the accident;

    (I) responsibilities to the previous annual income of relevant certificates;

    (10) other materials associated with the accident.

    First before Nineth and provision of materials for the departments concerned to confirm, relevant departments should cooperate.

    Article 26th after the incident, the departments concerned should be dealt with according to the incident or accident investigation group of time incidents unit personnel and property in accordance with law enforcement measures. 27th accident investigation needed technical expert evaluation or assessment of direct economic losses, accident investigation group shall entrust the organization with qualifications prescribed by the State technical appraisal or evaluation.

    If necessary, the accident investigation teams to direct the Organization of expert technical appraisal or evaluation.

    After acute industrial poisoning accident, accident investigation unit shall immediately notify the qualified technical appraisal of unit to the scene of the accident.

    Technology appraisal and assessment time required is not included in the investigation period.

    28th members of the accident investigation team should be integrity in accident investigations just, fulfill their duties, comply with the discipline of the accident investigation team, keep accident investigation secrets.

    Without the head of the accident investigation group permission, members of the accident investigation group are not allowed to release information about the accident. Article 29th accident investigation group of the accident investigation report should be fully discussed and reached a consensus.

    Disagree, by members of the accident investigation team leader according to the majority opinion concluded that while different views of a few members to report the people's Governments at the corresponding level. 30th accident investigation group should be submitted within 60 days from the date of the accident investigation report.

    Special cases, approved by the people's Government in charge of accident investigations, accident investigation reports submitted may extend the period, extended period of no longer than 60 days.

    31st accident investigation 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) implementation of accidents in production safety management responsibility;

    (F) Governments and their departments to perform their duties;

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

    (VIII) accident prevention and corrective measures;

    (IX) other matters set forth. Accident investigation report shall attach the relevant evidential materials.

    Members of the accident investigation team should sign the accident investigation report.

    Article 32nd in the accident investigation process, determined by the accident investigation team does not belong to a production safety accident, work safety supervision and management departments should be timely reported previous level recognized in writing, by the governmental safety supervision and management departments approved by the people's Governments at the same level, commissioned a survey of sector organizations, accident investigation team should do a good job on the transfer.

    Due to casualties and direct economic losses beyond the investigation and handling of accidents investigation unit shall promptly report to the people's Government at the same level, level people's Government on the transfer of production safety supervision and administration for the accident investigation.

    Article 33rd accident investigations, accident investigation report of group discussions by and reported to their superiors after production safety supervision and management departments, and reported to the people's Government is responsible for the investigation and handling of accidents.

    Accident investigation of the relevant evidence and information shall be in safety supervision and management departments on file.

    Fourth chapter

    34th people's Governments above the county level shall, from the date of receipt of the investigation report on the accident within 15th to reply and submitted to the Government work safety supervision and Management Department at a higher level for the record.

    Accidents and accident units above the county level are not in the same administrative region, the accident made by the people's Governments above the county level shall reply CC unit is located the accident the people's Governments at the same level.

    Safety supervision and management departments should reply in the people's Government at the 5th will be the contents of the reply communicated after accident units and departments concerned to implement accountability and lower level people's Governments.

    35th competent authorities shall, in accordance with the reply of the people's Governments in charge of accident investigation, pursuant to statutory authority and procedures unit for the accidents and its related administrative sanctions, to dispose of the national staff with responsibility for accident; against persons suspected of crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.

    Unit shall be responsible for the accident accident investigation and the reply of the people's Government of the entity responsible for the persons responsible for processing.

    36th accident unit after receiving the accident disposition and corrective action directive, should be dealt with in accordance with the deadline the implementation of accident advice, corrective measures, acceptance of trade unions and employee supervision.

    The production and business operation entity after the accident, was ordered to suspend production or business for rectification, should suspend the reorganization of administrative departments upon the acceptance in order to restore production and business activities.

    Production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related accidents should be implemented preventive and corrective measures for supervision and inspection.

    In accidents within 10 working days from the date of completion of the work, the accident occurred units and departments concerned shall provide accident study of production safety supervision and management departments and supervisory organs at the same level of written reply submit accident report regarding the implementation of the accountability. 37th accident investigation and supervision system.

    Greater investigation and handling of accidents listed by the provincial work safety Committee supervision, investigation and handling of accidents by the municipal people's Government of the district safety Committee listing supervision.

    38th supervisory organs, work safety supervision and management departments should regularly about organ or unit implementation of the people's Government is responsible for accident investigation approval special inspection of the matters and the written report on the same level people's Governments concerned.

    39th article treatment information they shall be open to the public. Be responsible for accident investigation work safety supervision and management departments of people's Governments shall receive approval within 15th of the accident investigation report to the public.

    But shall be kept confidential except in accordance with law.

    Without authorization, no unit or individual is allowed to publish information about the investigation and handling of accidents.
The fifth chapter legal liability

    40th the accident Unit Chief, one of the following acts, by production safety supervision and management departments in accordance with the following provisions and impose a fine belongs to the agents of the State and law and Jamie deal constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) not immediately organized rescue, fine at previous annual income 80%;

    (B) during the period of investigation and handling of accidents absence, fine at previous annual income 60% to 80%;

    (C) late or fail to report accidents, fine at previous annual income between 40% and 60%.

    41st article accident occurred units has lied about or concealed accident behavior of, by safety supervision management sector at 1 million Yuan above 2 million Yuan following of fine; while bungle accident rescue or caused accident expanded or effect accident survey of, at 3 million yuan of fine; while bungle accident rescue or caused accident expanded or effect accident survey, means bad, plot serious of, at 5 million yuan of fine; constitute crime of, law held criminal. 42nd article accident occurred units and about personnel has following behavior one of of, by safety supervision management sector on accident occurred units at 1 million Yuan above 2 million Yuan following of fine; while bungle accident rescue or caused accident expanded or effect accident survey of, at 2 million Yuan above 3 million Yuan following of fine; while bungle accident rescue or caused accident expanded or effect accident survey, means bad, plot serious of, at 3 million Yuan above 5 million Yuan following of fine

    ; Activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated in accordance with law:

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

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

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

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

    (E) go into hiding after the accident.

    Article 43rd units primarily responsible, are directly responsible for the accident in charge and the other persons of any of the following acts, by production safety supervision and management departments in accordance with the following provisions and impose a fine of activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) forgery, vandalism, the scene of the accident, or transfer of funds, property, concealment, destruction of relevant evidence, information, or refused to accept the investigation, or refused to provide information on the status and or perjury in the investigation of the accident, or instigate others to commit perjury, fine at previous annual income 80% to 90%;

    (B) misrepresent, conceal or go into hiding after the accident, fine at previous annual income 100%.

    44th accident unit responsible for the accidents, production safety supervision and management departments in accordance with the following provisions and impose a fine constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) the General accident, caused the death of less than 3, or less than 10 serious injuries (including acute industrial poisoning), or 3 million Yuan and 10 million yuan of direct economic loss of responsibility, fines of between 100,000 yuan and 200,000 yuan. (Ii) larger accident, caused 3 people above 6 people following death, or 10 people above 30 people following injured (including acute industrial poisoning), or 10 million Yuan above 30 million Yuan following directly economic loss of, at 200,000 yuan above 300,000 yuan following of fine; caused 6 people above 10 people following death, or 30 people above 50 people following injured (including acute industrial poisoning), or 30 million Yuan above 50 million Yuan following directly economic loss of,

    Between 500,000 yuan and 300,000 yuan in fines. (Three) major accident, caused 10 people above 15 people following death, or 50 people above 70 people following injured (including acute industrial poisoning), or 50 million Yuan above 70 million Yuan following directly economic loss of, at 500,000 yuan above 1 million Yuan following of fine; caused 15 people above 30 people following death, or 70 people above 100 people following injured (including acute industrial poisoning), or 70 million Yuan above 100 million Yuan following directly economic loss of,

    Fine of between 1 million Yuan and 2 million Yuan.

    45th accident unit charge of safety production management of failing to perform their duties, leading to accidents, work safety supervision and management departments in accordance with the following provisions, impose a fine, the amount of the fine the lower limit of no less than 20,000 Yuan:

    (A) the General accident, fine at previous annual income 30%;

    (B) the larger accident, fine at previous annual income 40%;

    (C) the major accident, fine at previous annual income 60%;

    Article 46th incident units and related units in accordance with the rules for processing personnel, implement rectification measures, ordered by production safety supervision and management departments to correct, it fails, the unit shall be a fine of between 10,000 yuan and 30,000 yuan.

    Accident unit and related units within the time limit will be implementing production safety supervision and management departments of the people's Government approved the report, ordered by production safety supervision and management departments to correct; it fails, the unit shall be fined a maximum of more than 5000 Yuan and 10,000 yuan.

    47th accident unit for larger risk accident late, fail to report, lie about or conceal from the district people's Government municipal work safety supervision and management departments in a warning, and accident units to a fine of up to 10,000 yuan and 30,000 yuan.

    48th article about Government, work safety supervision and management departments and departments responsible for the supervision and administration of production safety-related one of any 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 in accordance with law:

    (A) not immediately organized rescue;

    (B) the late news, false negatives, false report or cover-up accidents;

    (C) obstruct, interfere in accident investigations;

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

    49th article accident occurred units on accident occurred has responsibility of, by about sector law temporarily buckle or revoked its about card as; on accident occurred units has accident responsibility of about personnel, law suspended or revoked its and safety about of practice industry qualification, and post certificate; 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 any production business units of main head.

    Accident unit to provide false certification agency, and by relevant departments shall suspend or revoke the qualifications for the license and its associated practice constitutes a crime, criminal responsibility shall be investigated according to law.

    50th participate in accident investigations, accident investigations of any of the following acts, law and discipline process constitutes a crime, criminal responsibility shall be investigated in accordance with 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.

    51st article violates these rules, Governments or authorities deliberately delay or reject the implementation of the approval of the opinions of the person responsible for the accident, disciplined by the supervisory organs of the relevant personnel.

    The sixth chapter supplementary articles

    52nd herein called the "incident" refers to the responsible for the accidents of licit and illicit basic units engaged in production or business operations, including enterprise, does not have the status of enterprise legal persons of partner organizations, individual businesses and natural persons and other production entities.

    Main responsible in these measures refers to the limited liability company, Corporation Chairman or General Manager or individual business investor, other production business unit Director, Manager, Secretary, the Manager (who actually control, investment) and so on.

    This approach is called the "above" include the number, called "the following" not including the number itself.

    53rd State organs, institutions and people's organizations incident reporting and investigation, in accordance with the measures implemented. 54th these measures come into force November 1, 2012.