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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

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Production of safety accident reports and methods of investigation in northern lakes

(Conference of 1 November 2012)

Chapter I General

Article 1, in order to regulate the reporting and investigation of accidents in production, implement a system of accountability for production safety accidents, prevent and reduce production safety accidents, develop this approach in line with laws, regulations and regulations such as the People's Republic of China's Safety Production Act, the Production Safety Accident Report and the Investigation Processing Regulation (hereinafter referred to as the Regulations), the Security Production Regulations in the Northern Lakes Province.

Article 2 reports and surveys of production safety accidents causing physical injury and direct economic losses (hereinafter referred to as accidents) in the administrative region of the province apply.

Reports and investigations of accidents at the following levels of particular major accidents, in accordance with the relevant laws, administrative regulations or other provisions of the Department of State.

In accordance with article III, casualty or direct economic losses caused by accidents are divided into special major accidents, major accidents, larger accidents, general accidents.

The frequency of accidents is governed by the relevant provisions of the Regulations.

Article IV accidents reports should be timely, accurate and complete. No unit or person shall be given a delay in reporting, omission, false reporting and concealing the accident.

Accident survey should uphold the principles of truth, respect for science, timely and accurate identification of accidents, accident causes and accident losses, identification of the nature of the accident, determination of accident responsibility, summary of the lessons of the accident, introduction of corrective measures and accountability for the perpetrators.

Article 5 Governments of more people at the district level should strengthen leadership in accident reporting and investigation processing, promote, support the implementation of accident reporting and investigation duties by all relevant departments, and guarantee the funding of accident investigations.

The reporting of accidents and the handling of investigations are carried out by the Chief Executive of the Government of the People, who are responsible for accident reports and investigations.

The Government of the people concerned should support, cooperate with the handling of accidents by the Government of the High-level People or the relevant sectors and provide the necessary facilities.

Article 6

The management of safe production supervision of the population at the district level is a comprehensive monitoring authority for accident reporting and investigation processing and is responsible for organizing accident surveys by accident surveys.

Where necessary, the Government of the people may directly organize the investigation by the accident survey team. The Government of the last-tier population considers it necessary to investigate the incident investigated by the lower-level Government.

Article 7. Trade unions are legally involved in accident investigations and have the right to submit comments to the relevant sectors.

No unit or individual shall obstruct and interfere with the reporting of accidents and be treated in accordance with the law.

The persons involved in the accident investigation should be avoided in connection with the direct stakes of the accident-related units and individuals.

Article 9. The public and the media are entitled to monitor accident reports and investigations in accordance with the law.

Any unit and individuals have the right to report and report accidents to the security production supervision management and to the relevant departments with the responsibility for the management of safe production supervision or to reflect the problems of accident reports and investigations.

The management of safe production monitoring and the relevant departments with the responsibility to oversee the management of safe production should establish a 24-hour work system and make available to society the safety and production of the reporting line, the duty telephone, fax, and the relevant provisions of the reporting incentives for accident reports and reports.

The sectors that receive the report should verify the reporting matter in accordance with the relevant provisions, validate the evidence, reward the reporting person, grant funds by the same-ranking people's Government, and protect the legitimate rights and interests of the reporting person.

Chapter II Report on accidents

When the accident occurred, the accidental owner should immediately report to the head of the unit; after the receipt of the report, the head of the unit should report to the responsible authorities for the safe production of the production supervision of the people at the district level of the accident and to the relevant departments with the responsibility for the safe production oversight.

In the event of an emergency, the accidental site-related personnel may report directly to the safe production management of the population at the district level where the accident occurred and to the relevant sectors with the responsibility for the safe production management.

Article 11. The safety and productive management and the relevant sectors with the responsibility to oversee the management of safe production shall be reported on accidents in accordance with the following provisions and inform the public security organs, human resources and the social security sector, inspection bodies, trade unions, the People's Public Prosecutor's Office:

(i) Special accidents, major accidents on a case-by-step basis to the Department of Safety and Productive Production Monitoring and the relevant departments with the responsibility for safe production management;

(ii) Large accidents are reported on a case-by-step basis to the provincial people's Government for the management of safe production monitoring and to the relevant sectors with the responsibility to monitor safe production;

(iii) The general accident reported to the municipality's Government for the safe production of the management and related sectors with the responsibility for the safe production management of production.

The security production supervision management, the relevant departments with the responsibility to oversee the management of safe production, according to the preceding paragraph, should report simultaneously to the current people's Government. Where necessary, the security production supervision management, the relevant departments with the responsibility to monitor safe production can report the incident at the higher level. The reporting of accidents in the relevant sectors with the responsibility to monitor safe production should be accompanied by the same-level security production oversight management. On a case-by-class basis, the reporting period shall not exceed 2 hours per year.

The relevant public emergency telephone reception services (e.g. 110, 119, 120 etc.) should be transferred in a timely manner to the same-level security productive management when the accident reports are received.

Article 12. In the event of more than one incident, the relevant sections of the Government of the District where the incident occurred should be reported in accordance with article 11 of the present approach, and should be made available within one hour for the safe production supervision management of the Government of the People's Republic of the Province and for the relevant sectors with the responsibility for the safe production management of the production, followed by the submission report.

Article 13 reported accidents should include the following:

(i) The basic circumstances of the accident occurrence unit (including whether the relevant witness is fully covered);

(ii) The time, place and incident scene of the accident;

(iii) A brief incident;

(iv) The number of casualties that have been or may result in accidents, including the unknown whereabouts, the number of persons involved in the risk, and the direct economic loss of the preliminary estimate;

(v) Measures taken;

(vi) The accident reporting unit, the reporting person and the means of communication;

(vii) Other reports.

Article 14. New circumstances such as changes in the number of casualties after the accident report should be filled immediately.

The number of casualties caused by accidents has changed within 30 days from the date of the accident (a road traffic, a fire accident from 7 days from the date of the occurrence of the accident) and should be reported on that day.

No unit or individual shall have the following acts:

(i) A delay in the reporting of accidents, i.e., more time than specified time limits;

(ii) Disaggregated accidents, i.e. time, place, type, number of casualties and direct economic losses due to negligence of an accident or accident that should be reported;

(iii) Disadvantages, i.e., time, place, reasons for preliminary identification, nature, number of casualties and associated personnel, direct economic losses, if any;

(iv) Acknowledgement of accidents, i.e., concealing accidents that have occurred, and more than a provision of time frames that have not been reported to the security productive management and the relevant sectors with the responsibility for the safe production management of production.

When an accident occurred, the accident occurred should immediately trigger the relevant accident response advance, take effective measures to actively organize rescue, prevent accidents from expanding or triggering secondary accidents and minimize casualties and property losses.

After accident reports received from the Government of the people, the management of safe production monitoring and the relevant departments with the responsibility to monitor safe production, their heads should immediately be removed from accident sites and organize accident relief. In the event of larger accidents, the main heads of the people's Government or the relevant heads of their authorities in the event of an accident should immediately be removed from the site to preside over accident processing and rescue.

The injuries caused by accidents require treatment, and the casualty units or those involved in accident assistance should be sent to medical institutions in a timely manner. Medical institutions should pay treatment in a timely manner and must not be dismissed. The unit of the accident should pay medical expenses.

The relevant units and sectors of Article 17 should properly protect the accident scene and the relevant evidence and transfer the relevant evidence to the accident investigation team after the establishment of the accident investigation team. As a result of the need to change the situation on the accident scene, marks should be made, maps of the ground-breaking intent, producing on-site audio-visual material, and written records to properly preserve the critical footprints, exhibits on the ground.

Any unit or individual shall not destroy the accident site and shall not be forged, altered, concealed or destroyed.

Article 18 has a larger risk-related accident in one of the following cases, taking into account the provisions of the larger accident and organizing the rescue:

(i) Including more than 10 accidents;

(ii) Including more than three persons being trapped or unknown;

(iii) Urgent evacuation of more than 500 accidents;

(iv) Incidents causing severe contamination of the environment due to the production of safety accidents (intensive places, living water, farmlands, rivers, water banks, lakes, etc.);

(v) Incidents that endanger the safety of important places and facilities (electronic stations, important water facilities, dangerous chemical warehouses, oil stations and vehicle stations, terminals, ports, airports and other intensive sites);

(vi) Other major accidents.

Other risk-related accidents occur, reporting under general accident provisions and organizing the rescue.

Chapter III

Major accidents, larger accidents and general accidents are investigated by the Government of the People's Government of the province of the accident, the Government of the city-level people in the area of construction, and the Government of the population at the district level.

The large number of accidents allegedly caused by illegal production operations, as well as the large number of alleged false reports, concealed reports, are investigated by the UPS accident survey team. Large-scale accidents, general accidents allegedly caused by illegal production operations, as well as alleged false reports, seizures of general accidents, are investigated by a team of accidents organized by the municipal-level people's Government in the area.

In the absence of a general accident of up to 3 million United States dollars for the death of a person, the loss of a third person or the direct economic loss of 3 million yen, the communes' Government can commission accident investigations by the people of the town where the accident occurred.

The accident occurred across the administrative area, which is investigated by law by the management of the security production supervision of the first-level people's Government or by the designated safety and productive management. Large accidents, incidents in general and accidents do not have an administrative area at the same district level and are investigated by the safe production supervision of the Government of the affected people in accordance with the law, with the participation of the host Government.

The composition of the accident survey team should be guided by the principles of simplification and effectiveness.

In accordance with the specific circumstances of the accident, the security production monitoring authority should consist of an accident survey team with the inspectorate, the public security authority, trade unions and the relevant sectors with the responsibility to monitor the safe production of the accident and should invite the people's prosecution to participate.

The accident survey team could involve experts in the investigation.

Article 21 members of the accident survey team should have the knowledge and expertise required for the accident investigation and do not have a direct stake in the investigation.

Article 22, the head of the accident survey team is generally headed by the head of the security production monitoring authority; the accident survey organized directly by the Government of the people, which is appointed by the Government of the people. The team leader chaired the work of the accident survey team.

Article 23 performs the following duties:

(i) Identification of accidents, causes, casualties and direct economic losses;

(ii) Determining the nature of the accident and the responsibility for the accident, and recognizing the existence of delays, omissions, false reports or seizures;

(iii) Provide recommendations for the treatment of persons responsible for accidents;

(iv) Take stock of accident lessons and propose preventive and corrective measures;

(v) Reports on accidents.

Article 24 of the accident survey team has the right to inform the relevant units and individuals of the circumstances relating to the accident and to provide the relevant documentation, information, and the relevant units and individuals are not denied.

The heads of the accident and the associated personnel shall not be allowed to leave their homes during the accident investigation and shall be consulted by the accident investigation team, if any.

In an accident survey, the accident investigation team should transfer the material or its copies to the judiciary in a timely manner.

Article 25 Accidents and related units shall provide the following materials within the time frame specified by the accident survey team:

(i) Reprinted copies of business licences, administrative licences and qualifications;

(ii) Evidence of the roles of organizational bodies and associated personnel;

(iii) The safe production responsibility regime and associated management systems;

(iv) The contract, the identification of casualties and the proof of labour relations related to accidents;

(v) Equipment, process information and safe operating protocols related to accidents;

(vi) The qualifications of key heads, safe production managers and special operating personnel, as well as training in the safe production of education for associated personnel;

(vii) A description of the underlying circumstances, such as casualty and direct economic losses, caused by accidents;

(viii) The purpose of the accident scene;

(ix) The relevant proof of the income of the responsible person for the previous year;

(x) Other material related to accidents.

The content of the materials provided for in paragraphs 1 and 9 above requires recognition by the relevant authorities, which should be synchronized.

When the accident occurred, the relevant authorities should take mandatory measures against the persons and property of the accident-related units in a timely manner, in accordance with the observations of the accident-processing needs or accident survey team.

Article 27 requires technical recognition or assessment of direct economic losses in the accident survey, and the accident survey team should commission technical validation or assessment of units with national qualifications. Where necessary, the accident survey team may directly organize technical validation or assessment by experts.

After an acute industrial poison accident, the accident survey team should immediately notify qualified units for technical testing on the accident scene.

The time required for technical identification and assessment is not taken into account for the duration of the accident investigation.

Article 28 members of the accident survey team shall be impartial, competent and impartial in the work of the accident investigation, subject to the disciplines of the accident investigation team and conservative investigation.

No members of the accident investigation team may unauthorizedly issue information on accidents without the permission of the Head of the accident investigation team.

Article 29 should be fully discussed and agreed upon by the accident survey team. The opinions are incompatible with the conclusions of the Leader of the accident survey, based on the views of most members, and the different views of a few members are reported to the Government of the people at this level.

Article 33 The accident survey team shall submit the accident investigation report within 60 days of the accident. In exceptional cases, the time period for the submission of the accident investigation report, which was approved by the Government of the people responsible for the accident investigation, could be extended appropriately, but the extension period would not exceed 60 days.

Article 31

(i) Fact sheets of the accident;

(ii) The occurrence of accidents and accident relief;

(iii) Deaths and direct economic losses caused by accidents;

(iv) The causes and nature of the accident;

(v) Implementation of the responsibility for the safe production of accidents;

(vi) Implementation of the duties of the Government and its departments;

(vii) Determination of the responsibility of the accident and recommendations for the treatment of the person responsible for the accident;

(viii) accident prevention and rehabilitation measures;

(ix) Other matters.

The accident investigation report should be accompanied by the relevant material. Members of the accident survey team shall sign in the accident investigation report.

In the course of the accident survey, the accident survey team found that it would not be a productive security accident and should be informed by the security production supervision management at the highest level after a written decision by the supervisory authority of the production, approved by the Government of the same-ranking people, by entrusting the relevant sector to organize investigations, and the accident survey team should be properly transferred.

As the number of casualties and the number of direct economic losses have changed beyond the investigative handling authority, the accident survey team should be submitted in a timely manner with the consent of the Government of the same-ranking people to refer the accident to the management of the safety and production of the population at the highest level.

The accident investigation report was submitted to the Government of the people responsible for the accident survey, following discussions by the accident survey team on the adoption and reporting of the management of the supervision of the production of high-level security.

The relevant evidence and information of the accident survey should be kept in the safe production of the management.

Chapter IV

Article 34 Governments of more people at the district level should be retroactive within 15 days of the receipt of the accident survey report and sent to the Government of the people at the highest level for a safe production monitoring management case.

In the event of an accident, the Government of the people at the district level where the accident occurred was not located at the same level than in the administrative area of the same district, and the Government of the people at the same level should transmit the copies of the incident.

The management of safe production monitoring should inform the Government of the same people, within 5 days of the review of the relevant content of the incident and the relevant departments responsible for the implementation of the responsibility.

Article 33XV shall, in accordance with the approval of the Government of the people responsible for the investigation of accidents, impose administrative sanctions on the accident unit and its associated personnel, and dispose of the State staff responsible for the accident; and transfer to the judiciary criminal responsibility for the accident responsible for the alleged offence.

Incidents should be processed in accordance with the Government of the people responsible for the accident.

When an accident is subject to an accident-processing opinion and a reordering directive, it should be subject to trade unions and employee oversight, in accordance with the prescribed time frame.

After an accident by the production unit, the suspension of the production sector shall be authorized and the production operation shall be resumed after the administrative authorities that have taken a decision to stop the production sector organize the receipt of qualifications.

The management of safe production supervision and the relevant departments with the responsibility to oversee the implementation of preventive and corrective measures by accident units should be monitored.

Within 10 working days from the completion of the accident processing process, units and relevant departments should be held accountable to the management of the safe production of accident surveys and to the same-level inspection body in writing of the incident investigation report.

Article 37 establishes a system of inspection of accidents. The larger accident survey was handled by a directory of the Provincial People's Government's Security Production Commission, and a general accident survey was handled by a directory of the Municipal Government Security Production Commission in the Zone.

Article 338, the monitoring body, the security production monitoring authority should conduct regular inspections on matters of review by the authorities, units responsible for accident investigations, and report in writing to the same level of people.

Information dealing with accidents should be made public in accordance with the law.

The safe production supervision of the people responsible for organizing accident investigations should be made available to society within 15 days of receipt of the report of the accident. However, the exceptions to the law should be confidential.

Any unit or individual may not unauthorizedly issue the information processed by the accident investigation.

Chapter V Legal responsibility

Article 40 consists of one of the principal heads of the accident, which is fined by the security production supervision management in accordance with the following provisions; is a national staff member and is treated in accordance with the law; and is criminalized by law:

(i) No immediate organization of accident-saving payments and a fine of 80 per cent of the previous year's income;

(ii) Received in the course of the accident survey, with 60 to 80 per cent of the previous year's income;

(iii) A delay in reporting or omission of accidents, with a fine of 40 to 60 per cent of the previous year.

Article 40 states that the accident occurred where the accident is falsely reported or concealed by a fine of more than 2 million dollars in the Safety Production Monitoring Authority; a fine of 3 million dollars in the event of an accident or an incident or an accident investigation; accompanied by a loss of life or an increase in accident or an impact on accident investigations; accompanied by an increase in the number of accidents or the expansion of accident or an impact of accident investigations, the means of maliciousness, a fine of more than 5 million dollars; and a criminal liability by law.

Article 42 contains one of the following acts by the security production supervision management of a fine of up to 2 million United States dollars of the accident accident unit; a fine of up to 2 million United States dollars for the accident accident accident or for the expansion or impact of the accident investigation; a fine of more than 3 million dollars for the security sector; and a criminal liability for the criminal liability of the criminal responsibility of the criminal justice organs of the law:

(i) Constrainting or deliberately destroying the accident scene;

(ii) Transfer, concealment of funds, property or destruction of relevant evidence, information;

(iii) A refusal to accept the investigation or to deny information and information;

(iv) Confidentiality in the accident investigation or proof of false testimony by others;

(v) After the accident, anonymous.

Article 43 Main heads of accidents, direct responsible supervisors and other persons directly responsible have one of the following acts, which are fined by the security production supervision management in accordance with the following provisions; constitutes a violation of the security administration, punishable by law by the public security authority; constitutes an offence punishable by law; and is a criminal offence punishable by law:

(i) Contrary, intentional damage to the accident site or transfer, concealment of funds, property, destruction of the relevant evidence, information, or refusal to accept the investigation, or refuse to provide information or information, or to justify it in the accident investigation or refer to a fine of 80 to 90 per cent of the previous year's income;

(ii) Besieged, concealed or escaped from accident, with 100 per cent of the previous year's income.

Article 44, where the accident occurs, is responsible for the accident, is fined by the security production supervision management, in accordance with the following provisions; constitutes an offence, and criminal liability is lawful:

(i) General accidents, resulting in the death of three persons, or 10 serious injuries (including poisoning in acute industries), or the liability for accidents of more than 3 million dollars of direct economic losses, amounting to less than 200,000 dollars.

(ii) Large accidents resulting in the deaths of more than 6 people, or more than 30 people (including poisoning in acute industries), or more than 3,000 million dollars of dollars of direct economic losses, resulting in a fine of up to 300,000 dollars; the death of more than 610 people, or the heavy injury of more than 50 people (including poisoning in acute industries), or the direct loss of over 300,000 dollars of the economy, or a fine of over 300,000 dollars.

(iii) Major accidents resulting in more than 15 deaths, or more than 70 serious injuries (including acute industrial poisons), or more than 7,000 million dollars of direct economic losses, resulting in a fine of up to 500,000 yen; the death of more than 30 people, or the heavy injury of more than 70 million people (including poisoning in acute industries); or the direct economic loss of over €70 million, or a fine of over 2 million dollars.

Article 42: The main head of the accident occurred in the absence of a security production management function under the law, resulting in the accident, which is subject to a fine imposed by the security production supervision management pursuant to the following provisions, and the fine is not less than $20,000:

(i) In case of a general accident, a fine of 30 per cent of the previous year's income;

(ii) A fine of 40 per cent of the previous year's income;

(iii) A major accident, with a fine of 60 per cent of the previous year;

Article 46 of the accident and the related liability units do not address the responsible person in accordance with this approach and implement the corrective measures, which are being converted by the time limit of the security production supervision management order, which is overdue and fined over 3,000 dollars of the unit.

In the absence of a time frame for the implementation of the Government of the People's Government's review, the security production oversight management is being redirected by the security production supervision management order; the impossibility of the accident; and a fine of more than 5,000 dollars for the unit.

Article 47 of the accident occurred in the form of a delay, omission, false or concealment of reports involving larger accidents, a warning by the urban-level government security production monitoring management and a fine of up to 3,000 United States dollars for accidents.

Article 48, concerning the Government of the people, the management of safe production monitoring and the relevant departments with the responsibility to monitor the management of safe production, has been dealt with by law by the competent and other direct responsible persons directly responsible;

(i) No immediate organization of accident hijacking;

(ii) Suspected, omission, false or concealed accident;

(iii) Obstacles and interference with accident investigations;

(iv) Confidentiality in the accident investigation or intrusion of others.

Article 49, which is responsible for accidents, shall be taken by the relevant authorities in accordance with the law or in the event of the suspension or suspension of their relevant testimony; persons responsible for accidents in the accident unit shall be suspended by law or shall be removed from their operational qualifications, job certificates; the principal head of the accident unit is punished by criminal penalties or by dismissal, the execution of the sentence or the date of the disposition, and no principal head of any production unit shall be appointed within five years.

Intermediation bodies that provide false evidence for the accident occurred are temporarily deducted or revoked by the relevant authorities in accordance with the law or by the authority of the relevant evidence and its associated personnel; constitute an offence and hold criminal responsibility under the law.

Article 50 Persons involved in an accident investigation are treated in accordance with the law in one of the following acts:

(i) The irresponsibility of accident investigations, leading to significant negligence in the investigation;

(ii) To provide shelter, support to persons responsible for accidents or borrowers to combat reprisals.

Article 50, in violation of this approach, stipulates that the authorities of the inspector shall, in accordance with the law, dispose of the responsible persons concerned, deliberately delay or refuse to follow up on the full range of views on the person responsible for the accident.

Annex VI

Article 52 refers to the “accident occurrence unit” referred to in this approach to basic units responsible for the occurrence of accidents that are legitimate and unlawfully engaged in production or operation activities, including business legal persons, partner organizations that do not have corporate legal qualifications, individual business and natural persons.

The main holder of this approach refers to a limited liability company, a director of the shares company or an investigator or a master manager or an individual, and to other manufacturers, managers, directors, mining directors (including the actual controlr, investors).

The reference to this approach includes the figure, which is referred to as “after” does not include the number.

Article 53 reports and surveys of accidents by State bodies, utilities units, people's groups are carried out in the light of this approach.

Article 54