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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387169.shtml

Zhejiang Province production safety accident reporting, investigation and handling requirements

    (December 31, 2012 Zhejiang Province Government makes No. 310, announced since March 1, 2013 up purposes) first article to specification production security accident of report and survey processing, implementation production security accident responsibility held system, prevent and reduced production security accident, in accordance with production security accident report and survey processing Ordinance, and Zhejiang Province Safety Ordinance, about legal, and regulations of provides, combined this province actual, developed this provides.

    Article in production and business activities in the administrative area of the province caused personal injury or direct economic losses of production safety accident reporting and investigation process, these provisions shall apply to road and water traffic accidents, fire accidents, accident reporting and investigation of special equipment, otherwise provided by laws and regulations, from its provisions.

    Environmental pollution accidents, nuclear accident, defence research and production of accident reports and investigations, these rules do not apply.

    Third people's Governments above the county level shall strengthen production safety accidents (hereinafter referred to as the accident) reporting, investigation and handling of work organization and leadership, strictly fulfill their duties, timely and accurate completion of investigation and handling of accidents.

    Governments, departments and units where the accident occurred should be supported, with the higher people's Governments and relevant departments of investigation and handling of accidents work.

    Relevant departments and units participating in the investigation and handling of accidents (hereinafter referred to as members) should seriously perform their duties, cooperate with each other, improving the efficiency of the work of the investigation and handling of accidents.

    Article fourth accident is generally divided into major accidents, fatal accidents, large accidents and accidents in General, which is divided into standard, in accordance with the production safety accident reporting, investigation and handling of provisions of that Ordinance.

    Fifth after the accident site accident occurred units shall immediately to this unit is responsible for the safety of Department head or reports; heads of departments or units responsible for safety production after receiving the report, shall, within 1 hours 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.

    Emergency and accident units directly to the district where the accident occurred the municipal or County (city, district) production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related reports.

    Province, affiliated production unit after the accident, in addition to the district where the accident occurred in accordance with the provisions of the municipal or County (city, district) production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related reports, it should be to the provincial production safety supervision and management departments and provincial departments with safe production supervision and management responsibilities report.

    Sixth of production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related after receiving the accident report shall, in accordance with the provisions of the regulations on production safety accident reporting, investigation and handling of, and escalating emergency conditions, and the people's Governments at the corresponding level, and informed the public security organs at the same level, human resources and social security sectors, trade unions and the people's Procuratorate.

    In accordance with the provisions of the escalating emergency conditions, must be reported for each level more than 2 hours.

    Seventh no unit or individual is allowed to have late, fail to report, misrepresent or conceal the accident.

    Later referred to in the preceding paragraph, omitted, misrepresent, conceal the accident in accordance with the following provisions:

    (A) the accident report time in excess of the prescribed limit, belonging to the late;

    (B) should be reporting the accidents of time, place, category, number of casualties and direct economic losses due to negligence, such as Miss unreported, belonging to fail;

    (C) should be reported to the accident time, place, category, number of casualties and direct economic losses and so on did not truthfully report, is false;

    (D) for undeclared, belonging to the cover-up.

    Unit is responsible for the safety of the eighth accident departments or officials after receiving the accident report, should immediately start the emergency plan, or take effective measures to organize rescue, prevent accidents expanded, reducing casualties and property losses.

    People's Government of the accident, 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.

    Nineth units and personnel should be properly protected accident scene and related evidence; expanded by rescue workers, prevent accidents and to clear traffic and other reasons, you need to move the scene objects, signs, drawing diagrams and written records should be made, or you can use technical means to collect evidence such as photographs, video, keep the scene traces and evidence. Tenth General accident by the county where the accident occurred (city, district) people's Government is responsible for organizing investigations; larger municipal people's Government of the accident from the district where the accident occurred is responsible for organizing investigations organized by the provincial people's Government is responsible for major accidents investigation.

    Higher people's Government when deemed necessary, can be organized directly by lower level people's Governments are responsible for investigations, the accident.

    Economic and technological development zones, industrial parks and other General accident happened inside the Ribbon, the Ribbon is located (city, district) people's Government is responsible for organizing investigations districts established by the municipal people's Government of General accident happened inside the Ribbon, can also be commissioned by the district municipal people's Government of its departments or established according to law and Ribbon with the appropriate administrative functions the Management Committee is responsible for organizing investigations.

    11th people's Governments above the county level can directly organize investigation team to investigate the accident, may also authorize or entrust a peer production safety supervision and Management Department or departments responsible for the supervision and administration of production safety-related organization investigation team to investigate the accident.

    General accident caused no casualties, the County (city, district) people's Governments may delegate units of the accident investigation team to investigate the accident. 12th accident investigation team by the relevant people's Government, work safety supervision and management departments, responsible for supervision and administration of production safety authorities, monitoring, public security organs, trade unions and other relevant departments and units of a deputation, and invited the people's Procuratorate attended; according to accident investigation needs, can also invite NPC deputies or CPPCC members attending.

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

    If necessary, the accident investigation teams to engage with experts involved in the investigation of the accident has no direct stake. The people's Governments above the county level shall directly organize the accident investigation group, the lead department and leader of the accident investigation team designated by the people's Government of the; the people's Governments above the county level shall authorize or entrust the relevant departments of accident investigation team, is authorized to or by the client department as the lead department, the Department head to head.

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

    Accident investigation team required according to the accident investigation can establish special investigation teams.

    13th accident investigation unit shall perform the following duties:

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

    (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, and make recommendations for preventive and corrective measures, and improve relevant systems;

    (E) accident investigation reports submitted.

    May be required according to the accident investigation by accident investigation team, claimed the right to according to law to freeze the relevant units or individuals in the financial institutions ' deposits, shall be suspended license cancellation procedures.

    14th members of the accident investigation group unit's role in the accident investigation:

    (A) the accident investigation group led departments: Organization, coordination of accident investigations;

    (B) the departments responsible for the supervision and administration of production safety-related: provision of relevant laws, regulations, standards and technical specifications and other relevant information, put forward recommendations;

    (C) monitoring bodies: the administrative supervision of the accident involving violation of proposed recommendations;

    (D) the public security organs involved in accident investigation, assist in identifying cause of death investigation of alleged criminal behavior according to law;

    (E) trade unions: the units and persons responsible for the accidents proposed recommendations;

    (Vi) other members: accident investigation work within its sphere of responsibility.

    15th 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, related administrative permit;

    (B) Organization and personnel job descriptions;

    (C) the text of the safety production responsibility system and management system;

    (D) casualty proof of identity and proof of labor relations;

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

    (F) related to safety education and training of personnel and special operations personnel qualifications;

    (VII) casualties and direct economic losses caused by accidents and other basic information note;

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

    (I) the responsibilities to prove the previous year income;

    (10) other materials associated with the accident.

    Accident investigation, accident units, related units and personnel shall have the right and the right to be heard, accident investigation teams should fully listen to their opinions. 16th accident investigation unit shall, within 60 days of the date of the accident accident investigation report submitted by the Government of the people in charge of accident investigations. Accident investigation needs approval by the people's Government in charge of accident investigations, accident report filing deadline may be extended appropriately.

    Governments or authorized, was commissioned by the sector organizations under investigation by accident investigation team, extended term shall not exceed 60 days; an accidents unit organization under investigation by accident investigation team, extended term shall not exceed 30th.
Technical terms of time needed for identification without accident investigation; the scene of the accident for rescue could not be explored, accident investigation time limit from the date on which the conditions of site survey.

    17th accident investigation report should include the production safety accident reporting and investigation of the content of the provisions of the regulation on the handling of, and, if necessary, from the management, supervision, social supervision and so on prevention and reduction of similar production safety accident make recommendations for rectification and improvement. Members of the accident investigation team should sign the accident investigation report.

    Accident investigation team members on the cause of the accident, responsibility, responsible handling, unable to achieve a consensus, head of the accident investigation group should make conclusions according to the majority opinion of and description of different opinions in accident investigation report. Article 18th responsible for accident investigation people's Government shall, in accordance with the production safety accident reporting, investigation and handling of Ordinance approval, with a copy to members of the accident investigation team.

    Accident investigation group led departments shall, from the date of receipt of the reply in the 15th, send reply to the responsibility and liability of the accident officers.

    Article 19th relevant departments of the people's Governments above the county-level and township (town) the reply of the people's Government of the people's Government shall be responsible for the accident investigation, and lawfully investigate the relevant units and personnel responsibilities and 15th days of the end of accountability, accountability reporting people's Government in charge of accident investigations.

    Article 20th accident occurred units shall, according to the reply of the people's Governments in charge of accident investigation, implementation of preventive and corrective measures, personnel of this unit bears responsibility for the accident, and at the end of the rectification within 15th of, the people's Government of the implementation of the approved report is responsible for accident investigation and production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related. Article 21st accident investigations dealing with implementation of supervising system.

    General accident by the districts of city governments or the Commission Department responsible for overseeing; larger accidents by people's Government of the province or his or her delegate's departments responsible for supervision; the handling of major accidents, especially serious accidents, in accordance with the relevant provisions of the State.

    22nd accident reporting, investigation and handling of dossiers by the accident investigation team the lead department responsible for the collection and storage.

    Accident reporting, investigation and handling of archival material, including the following:

    (A) the incident reporting and accident rescue materials;

    (B) accident investigation reports and related materials;

    (C) the reply of the people's Governments in charge of accident investigation;

    (D) approved the implementation of and accountability for material;

    (E) accident units to implement rectification measures material;

    (Vi) other related material. Article 23rd accident investigations, accident investigation and release of information determined by the accident investigation team.

    Accident investigation team members are not allowed to release information.

    Accident accident investigation of the situation of people's Governments or authorized by relevant departments and agencies to the public, except as shall be kept confidential by law.

    24th in violation of the provisions of the Act, the production safety accident reporting, investigation and handling regulations and other relevant laws and regulations have legal liability provisions, those provisions.

    25th departments and units are not performed or not properly discharge the responsibilities of the provisions stipulated in article 14th and 19th, by the people's Governments at the same level shall order rectification refuses, by the competent authority directly responsible for the personnel and other persons directly responsible shall be given administrative sanctions.

    The township (town) people's Government does not fulfill the article 19th or incorrect performance of the duties of, by the higher people's Governments shall order rectification refuses, by the competent authority directly responsible for the personnel and other persons directly responsible shall be given administrative sanctions.

    26th accident investigation teams and their members are not performed or not properly discharge the responsibilities of the provisions set forth in 13th, 23rd, by the people's Governments at the same level shall order rectification refuses, the persons directly responsible shall be given administrative sanctions by the authority.

    27th accident units is not in accordance with the provisions of article 20th implementation preventive and corrective measures, dealing with related persons, work safety supervision and Management Department or departments responsible for the supervision and administration of production safety-related rectification, the fines of between 50,000 yuan and 10,000 yuan.

    28th in violation of this provision constitutes a crime, the judicial organ shall investigate its criminal responsibility. 29th article of the regulations come into force on March 1, 2013.