Wuxi, Wuxi Municipal People's Government On The Revision Of The Interim Measures For Production Safety Accident Reporting, Investigation And Handling Of The Decision

Original Language Title: 无锡市人民政府关于修改《无锡市生产安全事故报告和调查处理暂行办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367276.shtml

Wuxi, Wuxi municipal people's Government on the revision of the interim measures for production safety accident reporting, investigation and handling of the decision

    (July 11, 2011 Wuxi municipal people's Government at the 38th Executive meeting August 2, 2011 by Wuxi municipal people's Government, the 122th announced come into force on the date of promulgation) in order to further standardize the production safety accident reporting and investigation process, decided on the Wuxi production safety accident reporting, investigation and handling of interim measures as follows:

    First, the name is changed to: "the Wuxi production safety accident reporting and investigation process". Second, the article is revised as follows: "in order to further standardize the production safety accident reporting and investigation process, implementation of the responsibility system of production safety accidents, according to the State Council production safety accident reporting, investigation and handling of the Ordinance and the regulations on safety supervision over special equipment, such as laws and regulations, combined with the city's actual, these measures are formulated.

    ” Three, the second is amended as: "in production and business activities in the administrative area of the city arose as a result of the personal injury or direct economic losses of production safety accidents (including special equipment accident) reporting and investigation procedures apply; environmental pollution accidents, nuclear accident, defense research and production, special equipment accident reporting, investigation and handling of these procedures do not apply.

    ”

    Four, fifth is amended as: "the city (County), safety supervision and management departments and departments responsible for the supervision and administration of production safety-related accident report received should be immediately reported higher authorities and the people's Governments at the corresponding level, and reported in writing within 2 hours, and inform the relevant supervisory organs and the public security organs, procuratorial organs and trade unions. Occurred larger above accident of, safety supervision management sector and has safety supervision management duties of about sector, and and about monitored organ, and police organ, and prosecutorial organ, and unions head, should immediately rushed to the accident site, organization accident emergency rescue work; City safety supervision management sector and has safety supervision management duties of city about sector, must in 2 hours within to written form will accident situation reported City Government.

    ” Five, sixth paragraph is amended as: "General accident occurred by the city (County), the district people's Government is responsible for the investigation or authorized or entrusted relevant departments investigation by accident investigation team. Among them, the municipal enterprises, municipal construction and transportation administrative departments responsible for the supervision of construction projects, as well as by the municipal work safety supervision Department is responsible for the supervision of Central Government in General a Tin by the municipal people's Government or the relevant authorities responsible for the investigation of its authorization.

    ”

    Six, and 17th article modified for: "by is responsible for accident survey of Government reply Hou, safety supervision management sector and has safety supervision management duties of about sector, should law on accident occurred units and about personnel for administrative punishment; monitored organ should law on has accident responsibility of national staff for disposition; accident occurred units should according to is responsible for accident survey of Government of reply, on this units has accident responsibility of personnel for processing.

    Staff with responsibility for accidents constitute a crime, criminal responsibility shall be investigated according to law. Processing of units and personnel with responsibility for accidents, should be made in dealing with the results within 30th of CC, leader of the accident investigation team.

    ”

    Seven, 19th revised as follows: "the accident occurred units shall be determined in accordance with the following:

    (A) accidents causing casualties or economic loss of the unit, this unit is the units of the accident;

    (B) accidents caused by casualties and direct economic losses of the entity responsible for production management and command units are units of the accident;

    (C) accidents in a illegal contract, illegal contracting and illegal contracting units are units of the accident;

    (D) accidents in a contract in accordance with law, contracting units are units of the accident according to law; (E) other units responsible for production accidents, and accident units is the unit responsible.

    ” BA, 20th an additional paragraph, second paragraph: "safety production Administration to exercise bar with, block-oriented, hierarchical, territorial management principles. Vary the scope of territorial administration of production safety management, permissions determine the jurisdiction of the police.

    ”

    In nine, by deleting article 21st "article fifth, sixth, seventh and eighth." Ten, add one, as the 24th article: "the scope of special equipment accident in accordance with the relevant provisions of the State.

    ”

    Plenary, following the above provisions after the deletion, all other provisions of the order adjusted accordingly.

    This decision shall come into force as of the date of.

    The Wuxi production safety accident reporting, investigation and handling of interim measures be revised according to this decision, republished.

    Report: Wuxi production safety accident reporting and investigation approaches 2011 (revised)

    (September 20, 2007, Wuxi city people's Government, the 67th General session on October 18, 2007, Wuxi municipal people's Government, the 93rd announced July 11, 2011 Wuxi municipal people's Government at the 38th Executive meeting by August 2, 2011 Wuxi municipal people's Government, the 122th announced come into force on the date of promulgation of the Wuxi municipal people's Government on the modification of Wuxi production safety accident report and the decision of the interim measures for the investigation and handling of revisions)

    First in order to further standardize the production safety accident reporting and investigation process, implementation of the responsibility system of production safety accidents, according to the State Council production safety accident reporting, investigation and handling of the Ordinance and the regulations on safety supervision over special equipment, such as laws and regulations, combined with the city's actual, these measures are formulated.

    Article in production and business activities in the administrative area of the city arose as a result of the personal injury or direct economic losses of production safety accidents (including special equipment accident) reporting and investigation procedures apply; environmental pollution accidents, nuclear accident, defense research and production, special equipment accident reporting, investigation and handling of these procedures do not apply.

    Third incident reporting should be timely, accurate, complete, and any unit and individual shall, not later than about the accident, omitted, false or concealed. Fourth, after the accident, accident-related personnel shall immediately report to the head of unit, head of unit after receiving the report, shall be the city where the accident occurred, the city within 1 hour (s), the district work safety supervision and management departments and departments responsible for the supervision and administration of production safety-related reports.

    Acute industrial poisoning should include both municipal, city, where the accident occurred (County), the administrative departments of public health. Off-site production and business operation entities casualties or accidents of the direct economic loss, should be immediately to the scene of the accident the personnel in charge of the unit and the accident reports of the unit holders.

    Head of unit after receiving the report of the accident shall immediately to the city where the accident occurred, the city (district), the district work safety supervision and management departments and departments responsible for the supervision and administration of production safety-related reports.

    Head of unit shall, after the accident of the accident and to take immediate and effective measures to organize emergency rescue to prevent accidents expanded to reduce casualties and economic losses.

   Fifth City (County), safety supervision and management departments and departments responsible for the supervision and administration of production safety-related accident report received should be immediately reported higher authorities and the people's Governments at the corresponding level, and reported in writing within 2 hours, and inform the relevant supervisory organs and the public security organs, procuratorial organs and trade unions.

    Occurred larger above accident of, safety supervision management sector and has safety supervision management duties of about sector, and and about monitored organ, and police organ, and prosecutorial organ, and unions head, should immediately rushed to the accident site, organization accident emergency rescue work; City safety supervision management sector and has safety supervision management duties of city about sector, must in 2 hours within to written form will accident situation reported City Government. Sixth General accident by the city (County), the district people's Government is responsible for the investigation or authorized or entrusted relevant departments investigation by accident investigation team.

    Among them, the municipal enterprises, municipal construction and transportation administrative departments responsible for the supervision of construction projects, as well as by the municipal work safety supervision Department is responsible for the supervision of Central Government in General a Tin by the municipal people's Government or the relevant authorities responsible for the investigation of its authorization.

    Social influence, or involving Hong Kong, Macao and Taiwan and foreigners, stateless people and other municipal people's Government considers it necessary to investigate the accident, the municipal people's Government is responsible for the investigation. General accident caused no casualties, the city (County), the district people's Government may also entrust units of the accident investigation team to investigate the accident.

    Among them, the fire accident by public security fire control institutions in charge of the accident investigation team and chaired the accident investigation team.

    Seventh municipal people's Government is responsible for the investigation of accidents in General, or the production and business operation entity caused the death of 3 persons for more than 6 people, or more than 10 persons 30 people seriously injured, or 10 million Yuan and 30 million yuan of direct economic losses larger accident, the municipal work safety supervision and management department head accident investigation team and chaired the accident investigation team.

    Article eighth over 6 people below 10 deaths, or 30 more than 50 people injured, or 30 million Yuan and 50 million yuan of direct economic losses larger accident, the municipal people's Government in charge of the leadership or in charge of any incident investigation team leader and Chair of the Secretary-General's accident investigation team or authorized or commissioned any incident investigation team leader and Chair of the Department head accident investigation work. Nineth incident and accident are not in the same city (County) and district administrative areas, by the people's Government is responsible for the investigation of the accident.

    Units of local Government shall be represented in the accident. Article tenth according to the specific circumstances of accidents, accident investigation group composed of Governments, production safety supervision and management departments, have production safety supervision and administration departments, supervisory organs and the public security organs, as well as trade union members, and people's procuratorates should be invited to send participants.

    Accident investigation teams to hire the experts involved in the investigation.
11th accident investigation team work rules:

    (A) the accident investigation team of the leadership of the head of the accident investigation team.

    Members should cooperate with each other by accident investigation team, led by the leader of the accident investigation team, in accordance with their respective responsibilities to carry out accident investigations.

    (B) accident investigation team members should be honest in the accident investigation just, fulfill their duties, comply with the accident investigation and discipline, keep accident investigation secrets.

    (C) without the head of the accident investigation group permission, members of the accident investigation group not allowed to publicize information about the accident. 12th technical appraisal is required in the investigation of the accident, accident investigation group shall entrust the organization with national qualification. If necessary, the accident investigation unit can be directly organized experts to carry out technical analysis, the costs paid by the units of the accident.

    Identification time required is not included in the investigation period.

    13th accident investigation unit shall, within 60 days of the date of the accident accident investigation reports submitted; special case, 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.

    Accident investigation team members should be based on accident investigations and liability of the accident, in accordance with the statutory duty, to bear responsibility for the accident in the 30th units or persons to present recommendations.

    14th accident investigation group should be based on facts and evidence and laws and regulations, scientific analysis, proves, the accident investigation report and accident investigation report of accident causes, nature, responsibility and consensus on a recommendation.

    Members of the accident investigation team should sign the accident investigation report. 15th head of the accident investigation report by the incident investigation unit submitted to the people's Government in charge of accident investigations.

    Relevant information on accident investigation by the accident investigation team leader unit is responsible for the archive.

    16th people's Government in charge of accident investigations should be since the date of receiving the accident report to reply within the 15th special cases, approval time may be extended appropriately, but no more than 30th.

    17th article by is responsible for accident survey of Government reply Hou, safety supervision management sector and has safety supervision management duties of about sector, should law on accident occurred units and about personnel for administrative punishment; monitored organ should law on has accident responsibility of national staff for disposition; accident occurred units should according to is responsible for accident survey of Government of reply, on this units has accident responsibility of personnel for processing.

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

    Processing of units and personnel with responsibility for accidents, should be made in dealing with the results within 30th of CC, leader of the accident investigation team.

    18th city, city (County), the district people's Government accident investigation special funds should be set up to cover the costs associated with accident investigations.

    Article 19th accident occurred units shall be determined in accordance with the following:

    (A) accidents causing casualties or economic loss of the unit, this unit is the units of the accident;

    (B) accidents caused by casualties and direct economic losses of the entity responsible for production management and command units are units of the accident;

    (C) accidents in a illegal contract, illegal contracting and illegal contracting units are units of the accident;

    (D) accidents in a contract in accordance with law, contracting units are units of the accident according to law;

    (E) other units responsible for production accidents, and accident units is the unit responsible. Article 20th incident unit is located in these measures refers to units registered in the accident.

    Accident unit practical production and management and register are not in the same city (County), district administrative division, off-site production of up to 6 months, unit is the location of the place of incorporation of the accident; remote production for more than 6 months of accident is the location where the actual production units operates (except construction). Safety Administration to exercise bar with, block-oriented, hierarchical, territorial management principles.

    Vary the scope of territorial administration of production safety management, permissions determine the jurisdiction of the police.

    21st article this approach is known as the "upper", including the number called "below", not including the number itself.

    22nd special following accident reporting and investigation and handling of major accidents, provisions of relevant laws, administrative regulations or the State Council, in accordance with its provisions.

    23rd State organs, institutions and people's organizations incident reporting and investigation, in accordance with the measures of the regulations.

    24th special equipment accident in accordance with the relevant provisions of the State. 25th article of the rules take effect on December 1, 2007.