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Zhejiang Province Production Safety Accident Reporting, Investigation And Handling Requirements

Original Language Title: 浙江省生产安全事故报告和调查处理规定

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Report on the production of safe accidents in the province of Zangi

(Act No. 310 of the People's Government Order No. 310 of 31 December 2012)

Article 1, in order to regulate the reporting and investigation of accidents in the production of security, implement the accountability system for the production of safe accidents, prevent and reduce production safety accidents, develop this provision in line with the provisions of relevant laws, regulations, such as the Production Safety accident report and the Investigation Processing Regulations, the Zang Province Safety Production Regulations.

Article 2 reports and surveys of production safety accidents causing bodily injury or direct economic losses incurred in the production of operations within the province's executive region shall apply to this provision; reports and surveys of road and water safety accidents, fire accidents, special equipment safety accidents, etc., and legal, regulatory and other provisions.

Environmental pollution accidents, accidents in nuclear facilities, reports and investigations of accidents in the production of scientific research are not applicable.

Article 3 Governments of more people at the district level should strengthen organizational leadership in the production of safe accidents (hereinafter referred to as accidents) and in the investigation process, with strict and accurate completion of the accident investigation process.

In the event of an accident, the people's Government, sectors and units should be supported and aligned with the work of the Government of the High-level People and the related sector.

The relevant departments and units involved in the accident survey (hereinafter referred to as a member unit) should perform their duties seriously, cooperate with each other and enhance the efficiency of the accident investigation process.

Article IV accidents are generally divided into special major accidents, major accidents, larger accidents and general accidents, and are carried out in accordance with the provisions of the Production Safety Accident Report and the Investigation Processing Regulations.

After an accident, the owner of the accident at the site should immediately report to the unit for the safe production sector or the head of the authority; the unit responsible for the safe production sector or the head of the unit should report within one hour to the Government of the people at the district level where the accident occurred, and the relevant departments with the responsibility for the safe production oversight.

In the event of an emergency, a person on-site accident may report directly to the city or district (markets, zones) safely productive management and relevant departments with the responsibility for the safe production management.

In addition to reports from the provincial, provincial and provincial production units that have occurred after the accident, the management of safe production supervision and the relevant sectors with the safety and production oversight responsibilities should also be reported to the province's security production supervision management and to the relevant departments with the safety and production oversight responsibilities.

Article 6. The safety and production supervision management and the relevant departments with the responsibility to oversee the management of safe production should be reported on a case-by-step incident, in accordance with the provisions of the Production Safety Accident Report and the Investigation Processing Regulations, while reporting on the Government of the people at this level and informing the same public security authorities, the human resources and the social security sector, trade unions and the People's Procurator.

In accordance with the provision for the reporting of accidents on a case-by-step basis, the annual reporting period shall not exceed 2 hours.

No units or individuals shall be subject to late reporting, omission, false reporting or seizure.

The alleged delay in reporting, omissions, false reports, concealment of accidents is determined in accordance with the following provisions:

(i) The reporting period of the accident exceeds the specified time frame, which is delayed;

(ii) The failure to report on the occurrence of reported accidents, location, type, number of casualties, direct economic loss, etc.

(iii) A wilful report of the occurrence of reported accidents, location, type, number of casualties, direct economic losses, is false;

(iv) The concealment of the accident and the seizure of the report.

Article 8. When the accident occurred in a unit responsible for the safe production of the sector or the head of the accident report, the relevant accident response scenarios should be initiated immediately or effective measures to organize rescues, prevent accidents from expanding, reduce casualties and property losses.

After the accident reports received from the Government of the people of the accident, 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.

The relevant units and personnel of Article 9 should properly protect accident sites and the relevant evidence; the need for mobile accident sites should be marked, mapped and recorded in writing, or the use of technical means such as photographs, videos, and the proper storage of footprints and material.

Article 10 generally accidents are organized by the Government of the people of the affected areas (communes, zones) responsible for conducting investigations; larger accidents are organized by the Government of the communes in the area where the accident occurred; and major accidents are organized by the Government of the Provincial People's Government. The Government of the last-level people considers that, when necessary, it may organize a direct investigation into an accident investigated by the lower-level people's Government.

General accidents in functional areas such as economic technology development zones, industrial parks, are organized by the Government of the People of the Region (markets, districts) to organize investigations; general accidents in the functional areas established by the commune government in the area may also be carried out by the commune government of the establishment or by the functional management committees established by law and with corresponding administrative functions.

Article 11. The Government of the people at the district level may directly organize the investigation by the accident survey team or authorize or entrust the same security production monitoring authority or the relevant sectoral accident survey teams with the safety and productive management responsibilities.

In the absence of a general accident causing injury and injury to persons, the Government of the People of the District (communes, districts) may commission an investigation by the accident team.

Article 12. The accident survey team consists of the relevant sections of the Government of the people, the management of safe production monitoring, the inspector, the public security authority, trade unions, and other relevant departments and units, and invites the members of the People's Procurator to participate; or, in accordance with the needs of the accident survey, a large number of representatives may be invited or members of the coalition. Members of the accident survey team should have the knowledge and expertise required to investigate accidents and have no direct stake in the investigation.

Where necessary, the accident survey team may engage experts in the investigation with respect to accidents that are not directly exposed.

More than the population at the district level directly organizes the accident survey team, with the lead and team leader of the accident survey team appointed by the Government of the people; the authorization of or entrusting the relevant sector to organize the accident survey team, which is authorized or delegated to the lead department. The team leader chaired the work of the accident survey team.

The accident survey team may establish a number of specialized investigation teams, as required by the accident survey.

Article 13

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

(ii) Determining the nature and accident responsibility of the accident;

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

(iv) To take stock of the lessons of the accident and to recommend preventive and corrective measures and the improvement of the relevant system;

(v) Reports on accidents.

The accident survey team may, in accordance with the needs of the accident survey, request the authority to freeze the deposit of the relevant units or individuals in financial institutions by law and to suspend the written-off procedure for the relevant evidence.

Article 14.

(i) The lead department of the accident survey team: organization, coordination of accident investigations;

(ii) Relevant sectors with the responsibility to oversee the management of safe production: provision of relevant legal, regulatory, standard and technical norms to address recommendations;

(iii) Monitoring bodies: recommendations for treatment of misconduct by administrative inspectors involved in accidents;

(iv) Public security authorities: participating in accident investigations and assisting in the identification of causes of death and investigating suspected crimes under the law;

(v) Trade unions: recommendations for dealing with accidents units and their associated responsibilities;

(vi) Other units: work related to the investigation of accidents within their purview.

Article 15. Incident occurrence units and related units shall provide the following materials within the time frame specified by the accident survey team:

(i) A licence of business, a copy of the relevant administrative licence;

(ii) A description of the functions of the organization and the relevant staff;

(iii) The safe production responsibility regime and the related regulatory framework;

(iv) Identification of casualties and proof of labour relations;

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

(vi) The training of personnel in safety education and the qualifications of special operating personnel;

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

(viii) The purpose of the accident scene;

(ix) The prior annual income of the responsible person;

(x) Other material related to accidents.

In the accident survey, the accident occurred, the relevant units and persons enjoyed the right to make statements and to the defence, and the accident investigation team should listen fully.

Article 16 The accident survey team shall submit an accident investigation report to the Government of the people responsible for the accident investigation within 60 days of the date of the accident. As a result of the accident survey, the period of submission of the accident investigation report could be extended appropriately, with the approval of the Government of the people responsible for the accident investigation. The investigation by the Government of the people or by the authorized authorities and the relevant sectoral organization of the accident survey team shall be carried out for a maximum period not exceeding 60 days; the commissioning of an accident survey by the accident team shall not exceed 30 days.

The time required for technical identification was not taken into account for the duration of the accident investigation; the accident site was unable to carry out a survey due to accident assistance, and the accident investigation was calculated from the date of the condition of the site survey.

Article 17 accidents survey reports should include the elements set out in the Production Safety Accident Report and the Investigation Processing Regulations, and, where necessary, recommendations for the prevention and reduction of occupational safety accidents in the same category of production, in the areas of administration, industrial regulation, social oversight.

Members of the accident survey team shall sign in the accident investigation report. The members of the accident survey team could not agree on the causes of accidents, the determination of responsibility, the treatment of the recommendations of the responsible person, and the head of the accident investigation team should conclude on the basis of the views of the majority of its members and explain the different views in the accident investigation report.

Article 18 The Government of the people responsible for the accident investigation shall make the wholesale in accordance with the provisions of the Regulations on the Production of Safety Accidents and the processing of the investigation, and shall transmit to the members of the accident survey team units. The lead department of the accident survey team should be sent to the accident responsibility unit and accident responsibility personnel within 15 days of the receipt of the review.

The Government of the people at the district level and at the commune level shall, in accordance with the Government of the people responsible for the accident investigation, hold the responsibility of the responsible units and responsibilities, in accordance with the law and within 15 days from the date of accountability, report on the responsibility of the people responsible for the investigation.

Article 20 accidents should be carried out in accordance with the Government of the people responsible for the accident survey, to implement preventive and corrective measures, to deal with the persons responsible for accidents in the unit and to report on the status of implementation within 15 days of the end of the rehabilitation process to the Government of the people responsible for the accident investigation and its safe production supervision management and the relevant sectors with the responsibility for the safe production oversight.

Article 21 General accidents are carried out by the municipality of the establishment or by its mandated departments; larger accidents are carried out by the Provincial People's Government or by the departments entrusted by them; major accidents and special accidents are carried out in accordance with the relevant national provisions.

The accident reports and the investigation of the processing of archives are collected and kept by the lead department of the accident survey.

The accident reports and the investigation of the processing of archives include the following:

(i) accident reports and material on accident assistance;

(ii) Reports of accidents and related evidentiary material;

(iii) The Government of the people responsible for the accident investigation;

(iv) To complete and accountable material;

(v) material on the implementation of corrective measures by the accident unit;

(vi) Other relevant materials.

In Article 23 of the accident survey, the external issuance of the accident survey information was decided by the Leader of the accident survey. Members of the accident survey team shall not be allowed to release information on the accident investigation.

The incident is handled by the Government of the people responsible for the accident investigation or the relevant departments, agencies and agencies authorized to make the society public, with the exception of lawfulness.

Article 24 violates this provision, and the relevant laws, regulations and regulations, such as the Production Safety Accident Report and the Investigation Processing Regulations, have legal responsibilities.

Article 25 relates to the non-implementation or incorrect fulfilment of the functions set out in article 14, article 19, and to the change of the same-ranking government accountability order; the refusal to change; and administrative disposition by the competent organ responsible for direct responsibility and other direct responsibilities under the law.

The Government of the commune (communes) does not perform or is incorrectly discharging its responsibilities under article 19 of this provision, which is being rectified by an accountability order of the Government of the last-level people, and rejects the correctness and administrative disposition by the competent body responsible for the direct responsibility.

Article 26 The accident survey team and its members are not in compliance with or incorrectly perform their duties under articles 13, 23 and 23 of this provision, which is rectified by the same-ranking people's orders of responsibility; the denial of correction and administrative disposition by the competent authority against the person directly responsible.

In accordance with article 20 of the present article, the accident occurred without the enforcement of preventive and corrective measures, the handling of the persons responsible, which are modified by the security-production supervision management or by the relevant sector responsible for the safe production of production supervision, with a fine of more than 50,000 dollars.

Article 28, in violation of this provision, constitutes an offence punishable by law by the judiciary.

Article 29