Advanced Search

Anhui Provincial Production Safety Accident Reporting And Investigation Approach

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Production of safety accident reports and methods of investigation in the province of Anguéa

(Adopted at the 73th Standing Conference of the People's Government of Ankara on 1 April 2011, No. 232 of the Order of the People's Government of Anguéa, dated 27 April 2011, for publication, effective 1 June 2011)

Chapter I General

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 approach in line with relevant laws, administrative regulations, such as the People's Republic of China Safety Production Act and the Department of State Regulations on the Production of Safety Accidents (hereinafter referred to as the Regulations).

Article 2. This approach applies to the reporting and investigation of production safety accidents resulting from physical injury or direct economic losses incurred in production activities within the province's administration. Environmental pollution accidents, accidents in nuclear facilities, reports and surveys of accidents in the production of scientific research are not applicable.

The laws, regulations or the State's reporting and investigation of accidents are otherwise provided in accordance with their provisions.

In accordance with article III, the casualty or direct economic losses caused by the production of security accidents (hereinafter referred to as accidents), are divided into special major accidents, major accidents, larger accidents and general accidents.

Special major accidents, major accidents, larger accidents and general accidents are carried out in accordance with the relevant provisions of the Regulations.

Article IV accidents reports should be timely, accurate and complete.

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 their leadership in accident reporting and investigation processing and perform their duties in a strict and timely and accurate manner.

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.

Sectors and units involved in the accident survey should be synergistic to increase efficiency in the handling of accidents investigations and to perform related work responsibilities for the handling of accidents investigations.

No units or individuals in Article 6 shall obstruct and interfere with the reporting of accidents and shall be treated in accordance with the law.

Any units and individuals have the right to report to the safe production supervision management, inspection bodies or other relevant departments that receive reports should be dealt with in a timely manner by law.

Chapter II Report on accidents

Article 7. After an accident, the person on-site of the accident shall immediately report to the head of the unit; after the receipt of the report by the head of the unit, reports shall be made to the management of the safe production of production at the level of the people of the affected areas where the accident occurs and to the relevant sectors with the responsibility for the safety and productive management.

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.

In addition to the report of the central presence enterprises, provincial enterprises and their own productive units, the management of safe production supervision and the relevant sectors with the responsibility to monitor production should also be reported to the Government of the Provincial People's Government in the area of safety, production supervision and security of productive management.

Article 8. Upon receipt of accident reports by the security productive management and the relevant departments with the responsibility to oversee the management of safe production, reports of accidents should be made on a case-by-step basis, in accordance with the following provisions, and informs public security authorities, inspection bodies, human rights administration authorities, trade unions and the People's Procurator's Office that the reporting period should not exceed 2 hours per grade:

(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, as well as those resulting in the death of three persons or more than 10 persons, or a general accident of more than 3 million yen's direct economic loss of more than 1 million yen, to be reported on a level-by-step basis to the management of the security production supervision of the provincial people and to the relevant departments with the responsibility for the safe production management of production;

(iii) Three serious injuries, or a general accident of 3 million direct economic losses, were reported to the municipality's Government for safe production monitoring management and related sectors with the responsibility for safe production oversight.

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.

Article 9. After the accident reports received by the authorities of the city, the people of the county and the relevant sectors with the responsibility for the safe production management of production, the report shall be submitted to the Government of the People's Government for the safe production of the management of the production and management of the security production oversight function within one hour and subsequently to the letter report.

Article 10 accidents shall include the following:

(i) Fact sheets of the accident;

(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 number of persons whose whereabouts are unknown, and the direct economic loss of preliminary estimates;

(v) Measures taken and the measures envisaged;

(vi) Other reports.

Article 11. New developments after the accident report should be filled in a timely manner.

The number of deaths and injuries caused by accidents has changed from 30 days from the date of the accident and from 7 days from the accident.

No unit or person shall be given the following delay, omissions, false reports or concealment:

(i) Reports of accidents beyond the time frame specified;

(ii) The failure to report on the time, place, type, number of casualties and direct economic losses of the reported accidents or accidents;

(iii) Whether the time, place, type, number of casualties, direct economic loss are deliberately not reported;

(iv) deliberately conceal the accident that has occurred.

After the accident occurred, the accident accident unit should immediately initiate emergency pre-emptions, implement effective control over the major dangerous sources of the unit and take effective measures to organize risk-taking, rescue, prevent the expansion of accidents, reduce loss of life and property.

The injury caused by the accident requires treatment, which should be sent by the injured person to medical institutions in a timely manner, and medical expenses are paid. As special circumstances cannot be paid in a timely manner, medical institutions may not refuse to be rescued.

Article 14. Upon receipt of accident reports by the Government of the above-mentioned people at the district level and its safe production supervision management and other relevant departments with the responsibility to monitor safe production, their heads shall organize accidents in accordance with the following provisions:

(i) In particular major accidents, major accidents, the heads of the Government of the province should go to the accident scene;

(ii) A major accident involving the death of more than seven road traffic accidents, the death of more than 10 people, the loss of more than 10 water-related accidents, business accidents, construction accidents, the construction accidents, the territorial Government's safe production supervision management and other heads of relevant sectors with the responsibility for safe production management, and the death of more than 7 people road traffic accidents, the death of three people, the death of three water traffic accidents, business accidents, construction accidents, the displacement of the occupants from the local accident;

(iii) In the event of a general accident, the heads of the district-level government should be removed from the accident scene.

More than the heads of the population at the district level have been repatriated to the accident scene, and the main heads of the departments responsible for the safety and production supervision of the Government of the current people and other security productive management responsibilities should be accompanied by a visit to the accident site; the heads of the Government of the upper population should be accompanied by the head of the lower-level people's Government; the heads of the Government of the province's security productive management and other departments responsible for the safe production management of the population should go to the scene.

When a accident report has been received by a public security authority in the event of an accident, an incident should be stopped immediately and responsible for the maintenance of an accident scene order and the collection of evidence. In the event of higher accidents or general accidents leading to social security incidents, the heads of public security agencies at the district level where the accident occurred should be removed from the accident scene.

When an accident occurred, the relevant units and personnel should properly protect the accident scene and the relevant evidence, any unit or individual shall not destroy the accident scene and destroy the relevant evidence.

For reasons such as the rescue of personnel, the prevention of the expansion of accidents and the evacuation of the traffic, the need for a mobile accident on-site material should be marked, the mapping of the site and the written record, or the use of photographs, cameras, etc. measures to properly preserve the important footprints, material evidence.

Chapter III

Article 17 investigates special major accidents and is carried out in accordance with the provisions of the State Department. The investigation of major accidents and the following grade accidents is carried out in accordance with the following provisions:

(i) Major accidents and road traffic accidents of more than 10 persons killed, with the deaths of more than 10 persons killed in water traffic accidents, business accidents, construction accidents, and construction accidents authorized by the Government of the Provincial People's Government to organize investigations by the management of the Ministry's Safety Production Monitoring;

(ii) Death of more than three road traffic accidents, death of three water traffic accidents, business and trade accidents, construction accidents, and investigation by the urban people of the area;

(iii) General accidents are investigated by the Government of the population at the district level where the accident occurred, which has not resulted in the injury and injury of the person, and the Government of the district can commission an accident survey by an accident unit.

Large accidents, incidents in general and accidents do not fall within the same administrative area, with the responsibility of the Government of the affected people for accident investigations and the participation of the host Government.

Article 18, the municipality and the people of the district may directly organize the investigation by the accident survey team or authorize or entrust the safe production supervision management or other relevant sectoral accident survey teams with the safety and production oversight function. The Government of the city, the people of the counties authorizes or entrusts the safe production supervision management or other relevant sectoral organization accident survey teams with the responsibility for the safe production supervision, and shall make written decisions.

The Government of the last-level people considers that, if necessary, the incident investigated by the lower-level people's Government can be investigated.

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 accident survey team consists of the relevant sections of the Government of the people concerned, the management of safe production monitoring, the inspectorate, the public security authorities and trade unionists, and should be invited to participate.

The team leader was appointed by the Government of the people responsible for accident investigations. The team leader chaired the work of the accident survey team.

Article 20

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

(v) Reports on accidents.

Article 21 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 documents, information, units and individuals shall not refuse, obstruct and interfere. The documents, information provided by the relevant units and individuals concerned commercial secrets and technical secrets should be kept confidential.

During the accident investigation, the heads of the accident and the associated personnel shall not leave the accident without the consent of the accident investigation team and shall be asked by the accident investigation team, if any.

In an accident survey, the accident investigation team should transfer the material or its photocopies to the judiciary in a timely manner, the transfer of the material should be in compliance with the legal, legislative and regulatory procedures and accompany the submission of the alleged offence.

In the course of the accident survey, the accident survey team found that it was not a productive security accident, and was proposed by a unit responsible for organizing accident investigations, with the approval of the Government of the people responsible for the accident survey, to terminate the production safety accident investigation. If other investigations are to be conducted, the accident investigation team should be prepared for the transfer.

In the course of the accident survey, the situation of loss of life or direct economic losses has changed beyond the investigation to deal with the competence to report to the authorities in accordance with the terms of reference for the investigation under the Regulations.

Article 23. The accident investigation team shall submit an accident investigation report within 60 days of the date of the accident; exceptional circumstances, with the approval of the Government of the people responsible for the accident investigation, the time period for the submission of an accident investigation report may be extended appropriately, but the extension period shall not exceed 60 days.

Article 24 The accident investigation report should include the following:

(i) Facts and profiles of the responsible units;

(ii) Time, location, location, type and accident report and accident relief;

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

(iv) The causes and nature of the accident;

(v) Institutional provisions for the safe production of units and the implementation of security production measures;

(vi) Information on the implementation by the local people's governments and their sectors of the responsibility to monitor safe production;

(vii) Identification of accident responsibilities and recommendations for the treatment of accident liability units and responsible persons;

(viii) The lessons of accidents and accident prevention, rehabilitation measures;

(ix) Other matters.

The accident survey reports should be accompanied by relevant evidence materials such as accident scene photographs, on-site briefs, audio-visual material, survey information and identification of information. Members of the accident survey team shall sign in the accident investigation report.

Article 25. The accident survey team shall engage in full discussion and agreement on the accident investigation report. Inconsistency, the Leader of the accident survey team should conclude on the basis of the views of the majority of the members' units and explain the different opinions in the reporting of the accident survey.

The accident survey was closed after a report was sent to the Government of the people responsible for the accident investigation. The information on the accident investigation is maintained by the Government of the people responsible for organizing the accident investigation or by the relevant authorities.

Chapter IV

Article 27 of the accident investigation report is submitted in accordance with the following provisions:

(i) The Government of the people at the district level directly organizes the investigation of accidents by the accident survey team, which is reviewed by the Government of the people who sent a direct survey;

(ii) The Government of the people at the district level authorizes or entrusts the relevant department with the investigation of the incident survey team, which is authorized or commissioned by the authorized department to send the present-level Government to the Government;

(iii) At the district level, the Government of the People's Government has commissioned the investigation by the accident investigation team, which is reported to be sent to the district-level Government by the accident accident unit.

More than the population at the district level should be retroactive within 15 days of the receipt of the accident investigation report.

The incident occurred in the same administrative area, and the Government of the people of the affected area should be reproduced by the Government of the people at the location of the accident.

Article twenty-eighth accidents should be sent to the Government, the relevant sector or unit of the people responsible for the implementation of the responsibility.

The relevant organs shall, in accordance with the conditions and procedures set forth in the laws, regulations and regulations, impose administrative penalties on the units and persons involved in the accident and dispose of the State staff who are responsible for the accident.

The accident-related unit shall be treated in accordance with the accident-recovery response to the person responsible for the accident.

Incidents have been ordered to stop the production sector by granting safe production supervision management at the end of the production industry or by the relevant sectors with the safety and productive management responsibilities, and by providing security conditions for production.

Article 29 dealt with accidents by the Government of the people responsible for the investigation of accidents or the relevant departments, agencies and agencies authorized to make the society public, with the exception of lawfulness.

The authorities involved in the safe production supervision of the population at the district level, with the responsibility to oversee the handling of accidents, should be inspected with the inspectorate.

Chapter V Legal responsibility

Article 31: The main head of the accident is one of the following acts: a fine of 40 to 80 per cent of the last year's income; a national staff member and disposed of it by law; and a criminal liability is charged by law:

(i) No immediate organization of accident hijacking;

(ii) A delay or omission of an accident;

(iii) Separate departures during the accident investigation process.

Article 31 of the accident and its associated personnel have one of the following acts, fines of more than 5 million United States dollars for the accident unit; fines of 60 to 100 per cent for the previous year for the principal holder, the direct responsible manager and other direct responsibilities; staff belonging to the State and subject to the law; penalties for the management of the security sector, which constitute violations of the administration of the law; and criminal liability in accordance with the law:

(i) Besieged or seized of the accident;

(ii) Constrainting or deliberately destroying the accident scene;

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

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

(v) Confidentiality in the accident investigation or proof of false testimony to others;

(vi) After the accident occurred, it was anonymous.

Article 32, which is responsible for accidents, imposes a fine in accordance with the following provisions:

(i) In the event of a general accident, a fine of up to 200,000 dollars;

(ii) In the event of larger accidents, a fine of up to 500,000 dollars;

(iii) In the event of major accidents, a fine of up to 500,000 dollars;

(iv) In the event of special major accidents, a fine of up to 5 million yen.

Article 33, the main head of the accident's unit has not complied with the responsibility for the safe production management of the accident, resulting in a fine of the incident, which is a national staff member and disposes of it in accordance with the following provisions:

(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;

(iv) A special major accident occurred, with a fine of 80 per cent of the previous year.

Article 34, in which the accident occurred, is responsible for the accident, with the suspension or suspension of the relevant evidence by the relevant authorities; the person responsible for the accident and the suspension or withdrawal of its operational qualifications, job certificates, in accordance with the law; the principal head of the accident's unit, who is punished by criminal penalties or disposed of his or her duties, shall not serve as the principal head of any production unit within five years.

Incidents have been ordered to stop production units at the end of the production operation, which have been inspected to have no security production conditions and have been involved in productive activities, and are closed by the authorities of the people at the district level or by the relevant departments that have the responsibility for safe production supervision.

Article XV of the laws of the Government of the more than the population at the district level, the management of safe production monitoring and the relevant departments with the responsibility to oversee the management of safe production are one of the following acts, which are taken in accordance with the law by the competent and other directly responsible personnel responsible for direct responsibility; and which constitutes a crime punishable by law:

(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 36 Persons involved in accident investigations are lawfully disposed of in one of the following cases in the accident investigation; they constitute a crime and are held criminally by law:

(i) Not to perform their duties in accordance with the division of labour among members of the Investigation Group;

(ii) In the course of the accident survey, significant or important cases have been found and are not reported to the accident investigation team in a timely manner;

(iii) The release of information on accidents during the accident investigation, affecting the smooth conduct of accident investigations or the social consequences of adverse consequences;

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

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

(vi) To request and receive bribes in the course of the accident investigation;

(vii) There are other provocative fraud, abuse of authority, and failures.

In violation of this approach, the Government of more than the people at the district level or the authorities concerned deliberately delay or refuse to follow up on the full range of responses to the accident responsibility, which is taken into account by the inspector in accordance with the law.

The administrative penalties for fines under this scheme are determined by the management of the safe production supervision of the people at the district level.

The types, scales and decision-making organs of administrative penalties are governed by their provisions.

Annex VI

Article 39 does not cause casualties, but the society affects poor accidents, and the people's Government at the district level considers it necessary to investigate and implement in accordance with the relevant provisions of the Regulations and this approach.

Reports and investigations of accidents by State organs, utilities, people's groups are carried out in the light of the provisions of the Regulations and the approach.

Article 40, above, refers to this approach to the number of “after” claims, which are not included in this category.

Article 40 The provisional provision for security accident investigation and administrative accountability in the Ablem province, published on 9 December 2003, was repealed.