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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351803.shtml

Anhui provincial production safety accident reporting and investigation approach

    (Anhui provincial people's Government, the 73rd Executive meeting April 1, 2011 through April 27, 2011, Anhui provincial people's Government promulgated as of June 1, 2011, No. 232) Chapter I General provisions

    First in order to standardize the production safety accident reporting and investigation process, implementation of the responsibility system of production safety accidents, the prevention and reduction of production safety accidents, according to the People's Republic of China production safety law and the State Council production safety accident reporting, investigation and handling of the Ordinance (hereinafter referred to as the regulations), and other relevant laws, administrative regulations, combined with the facts of the province, these measures are formulated. Second article this regulation is applicable in the province within the administrative area of production and business activities arose as a result of the personal injury or direct economic losses of production safety accident reporting and investigation process.

Environmental pollution accidents, nuclear accident, defence research and production reporting, investigation and handling of these procedures do not apply.

    Relevant laws, administrative regulations or the State Council of the accident reporting, investigation and handling of otherwise provided, in accordance with its provisions.

Article based on production safety accidents (hereinafter referred to as the accident) cause casualties or economic loss, accidents are divided into major accidents, fatal accidents, large accidents and accidents in General.

    Major accident, a major Division of a larger accident, accident, accident, in accordance with the relevant provisions of the Ordinance.

Fourth incident reporting should be timely, accurate and complete.

    Investigation and handling of accidents should adhere to the principle of seeking truth from facts, respect science, timely and accurately find out after the accident, the cause of the accident and accident losses, identifying the nature of identified responsibility for the accident, summarize the lessons learned from, propose corrective measures, and prosecuted those responsible for the accident.

Fifth people's Governments above the county level shall strengthen the accident reporting, investigation and handling of the leadership, strictly fulfill their duties, timely and accurate completion of investigation and handling of accidents.

Accident occurred about people's Governments shall support and coordinate higher people's Government or the relevant departments of investigation and handling of accidents work, and providing the necessary facilities.

    Departments and units participating in the investigation and handling of accidents should cooperate with each other, improving the efficiency of the work of the investigation and handling of accidents, carry out accident investigations dealing with job-related duties.

Sixth no unit or individual may obstruct or interfere with the accident reporting and investigation in accordance with law.

    Accident reporting and investigation of process violations, all units and individuals have the right to production safety supervision and management departments, the supervisory organ or any other relevant departments to report, complaint Department shall promptly dealt with.

    Chapter reports

Seventh after the accident, accident-related personnel shall immediately report to the head of the unit; head of unit after receiving the report, it should be the people's Governments above the county level where the accident occurred within 1 hour production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related reports.

When the urgency of the situation, directly to the scene of the accident the personnel 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.

    Central authorities in Anhui enterprise, provincial enterprises and their production and business operation entities, except as provided by the people's Governments above the county level where the accident occurred the safety supervision and management departments and departments responsible for the supervision and administration of production safety-related reports, should also ask the provincial production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related reports.

Eighth production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related after receiving the accident report shall be in accordance with escalation following the accident, and notify the public security organ, the supervisory organ, Department of human resources and social security administration, trade unions and the people's procuratorates, reported time should not exceed 2 hours per level:

(A) the major accident and significant incident escalation to the State production safety supervision and administration departments and departments responsible for the supervision and administration of production safety-related;

(B) the large accident and killed 3 people, or 3 people over 10 people injured, or 3 million Yuan and 10 million yuan of direct economic losses, and escalation to the provincial production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related;

(C) killing 3 people injured, or 3 million yuan of direct economic losses, reported to the district's municipal work safety supervision and management departments and departments responsible for the supervision and administration of production safety-related. Production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related accidents reported in accordance with the provisions of the preceding paragraph, shall also report the people's Governments at the corresponding level.

    If necessary, work safety supervision and management departments and departments responsible for the supervision and administration of production safety-related reported accidents can leapfrog.

    Nineth larger incidents occurring over the accident, city and County work safety supervision and management departments and departments responsible for the supervision and administration of production safety-related after receiving the accident report, shall, within 1 hour by using the call letters provincial production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related, subsequent event report.

Tenth report should include the following:

(A) the accident unit profiles;

(B) the time, place and the scene of the accident;

(C) briefly after the accident;

(D) accidents have caused or may cause casualties (including the number of persons unaccounted for) and preliminary estimated direct economic loss;

(V) measures taken and intends to take measures;

    (Vi) other reports.

11th accident report new developments shall promptly remedy.

    Road traffic accidents, fires within 7th day of the accident, since the accident other accidents within 30th of, changes in the number of casualties caused by accidents, it shall promptly remedy.

12th no unit and individual shall not have the following late, fail to report, misrepresenting or concealing acts:

(A) the reporting of time in excess of the prescribed time limit;

(B) time of accident or accident should be reported, location, category, number of casualties and direct economic loss of content omission unreported;

(C) wilfully fails to report the accidents of time, place, category, number of casualties and direct economic losses relating to content;

    (D) intentionally concealing accidents that have occurred.

Article 13th after the accident, the accident occurred units shall immediately activate emergency response plans, and on the major hazard installation special monitoring measures to implement effective monitoring, and take effective measures to organize rescue, rescue, prevent accidents expanded, reducing casualties and property losses. Accidents resulting in injuries requiring treatment, the accident shall promptly send the injured people to hospitals, and to pay medical costs.

    Due to special circumstances cannot be paid in a timely manner, the medical institution shall not be refused on grounds of this rescue.

14th people's Governments above the county level and production safety supervision and management departments and other departments responsible for the supervision and administration of production safety-related after receiving the accident report, the person in charge shall, in accordance with the following provisions immediately sped to the scene of the accident, organizing rescue:

(A) the particularly serious accidents, fatal accidents, head of the provincial people's Government rushed to the scene of the accident; (Ii) occurred larger accident, which death 7 people above 10 people following of road traffic accident, death 4 people above 10 people following of water Shang traffic accident, and mining trade accident, and building construction accident, Province Government safety supervision management sector and other has safety supervision management duties of about sector of head should rushed to the accident site; death 3 people above 7 people following of road traffic accident, death 3 people of water Shang traffic accident, and mining trade accident, and building construction accident,

Head of the municipal people's Government should be divided into districts rushed to the scene of the accident;

(C) the General accident, head of the people's Governments at the county level should be rushed to the scene of the accident. County above Government is responsible for people rushed to the accident site of, this level government safety supervision management sector and other has safety supervision management duties of about sector main head should while rushed to the accident site; superior Government is responsible for people rushed to the accident site of, subordinate Government main head should while rushed to the accident site; Province Government safety supervision management sector and other has safety supervision management duties of about sector head rushed to the accident site of,

    Municipal people's Government in charge of the district shall also rushed to the scene of the accident. 15th accident reported to the police after the accident, should be immediately rushed to the scene of the accident, is responsible for maintaining order at the scene of the accident and the collection of evidence and so on.

    Larger incidents occurring above or General accident raised social security event, head of the public security organs above the county level where the accident occurred should be sped to the scene of the accident.

16th after the accident, the relevant units and personnel should be properly protected accident scene and related evidence, no unit or individual may destroy the scene of the accident, destruction of relevant evidence.

    For rescue workers, prevent accidents expanded and Unclog traffic,, you need to move the scene objects, flags should be made, draw diagrams and written records, or to take measures such as photography, video, keep important traces and evidence.

    Chapter III accident investigation 17th special accident investigations, in accordance with the provisions of the State Council.

Major accident and its investigations following accidents in accordance with the following provisions:

(A) major accidents and 7 deaths for more than 10 people following road traffic accidents, 4 dead for more than 10 people following the water traffic accidents, industrial commercial accident, construction accident, the provincial governments authorize provincial work safety supervision and management departments organize investigation;

(B) killed 7 people 3 or more of the following road traffic accident, 3 dead water traffic accidents, industrial commercial accidents, construction accidents, the district municipal people's Government is responsible for the investigation;

(C) the General accident by the people's Governments at the county level are responsible for investigating the accident, which caused no casualties, the County may authorize accident accident investigation unit organization.
Larger accidents, accidents occur and the unit is not in the same area of the accident, the accident occurred shall be responsible for the accident investigation, units of local Government shall be represented in the accident.

    18th city and county governments can organize investigation team to investigate the accident, may also authorize or entrust the safety supervision and management departments and other departments responsible for the supervision and administration of production safety-related organization investigation team to investigate the accident.

City and county governments authorized or entrusted production safety supervision and management departments and other departments responsible for the supervision and administration of production safety-related organizations under investigation by accident investigation team, it shall make a written decision.

    Higher people's Government considers it necessary to investigate by lower level people's Governments are responsible for the investigation of accidents.

19th the composition of the investigation team should follow the principle of streamlining and efficiency.

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. Incident investigation team leader designated by the people's Government in charge of accident investigations.

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

Article 20th accident investigation unit shall perform the following duties:

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

(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 proposed preventive and corrective measures;

    (E) accident investigation reports submitted. Article 21st accident investigation team shall be entitled to relevant units and individuals to learn more about the circumstances surrounding the accident, and invited to provide the relevant documents and information, the unit or individual may refuse or obstruct or interfere.

Units and individuals to provide documents and materials relating to trade secrets and know-how, accident investigation group shall keep secret for him.

Units in charge of the accident and the person concerned during the investigation period, without consent of the accident investigation unit, shall not leave the place, and should be ready to accept the accident investigation unit inquiries, provide relevant information.

    Accident investigation found that a suspected crime, accident investigation unit shall promptly remove the material or a copy handed over to judicial organs for handling, transfer shall comply with laws, regulations, procedures, and affix the transfer suspected criminal case. 22nd article in the course of accident investigations, identified by the accident investigation team does not belong to a production safety accident, is responsible for accident investigation unit, approved by the people's Government in charge of accident investigations, terminated a production safety accident investigation.

If investigations, accident investigation team should do a good job on the transfer.

    In the course of accident investigations, casualties or direct economic losses beyond the investigation and handling of permissions, in accordance with the provisions of the Ordinance Survey permission to process submitted to the authority.

    Article 23rd 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.

24th survey report should include the following:

(A) the accident unit unit overview and related responsibilities;

(B) the time and place of the accident, after, category and accident and emergency rescue situations;

(C) casualties and direct economic losses caused by accidents;

(D) the cause of the accident and the nature of the accident;

(E) accident safety regulations and the implementation of safety measures;

(F) the relevant local people's Governments and their departments to carry out supervision and administration of production safety;

(G) the determination of liability and responsibility for the accident unit, responsible for handling proposals;

(VIII) accidents and accident prevention, corrective action;

(IX) other matters set forth. Accident investigation report should be attached with the accident scene photographs, diagrams, audio-visual material and inspection data, identification data and other relevant evidence.

    Members of the accident investigation team should sign the accident investigation report. 25th accident investigation group of the accident investigation report should be available for discussion and consensus.

    Disagree, head of the accident investigation group should be based on the views of most members to conclusions, and submit different views when the accident investigation report indicated. Article 26th after the accident investigation report submitted to the Government in charge of accident investigations, accident investigation work will come to an end.

    Accident accident investigation of relevant information by the responsible organization people's Government or the relevant Department archives.

    Fourth chapter

27th reply accident investigation report submitted in accordance with the following provisions:

(A) the people's Governments above the county level shall directly organize the accident investigation team to investigate the accident, accident investigation reports submitted directly by the accident investigation group investigating people's Government for approval;

(B) the people's Governments above the county level shall authorize or entrust the relevant departments under investigation by accident investigation team, accident investigation report by the authorized or appointed Department reply submitted to the people's Governments at the corresponding level;

(C) entrusted the people's Governments at the county level units of the accident investigation team to investigate the accident, accident investigation report by the accident unit submitted to the people's Governments at the county level reply.

The people's Government above the county level shall, from the date of receipt of the investigation report on the accident in the 15th to reply.

    Accidents and accident units is not in the same area, approval shall be sent to the Government where the accident occurred units of local Government of the accident.

Article 28th of the approval should be the main implementing responsibility held above the county level, relevant departments or units.

Competent authorities shall, in accordance with the approval, in accordance with the laws and regulations of the jurisdiction and the procedures and regulations, and relevant administrative sanctions for the accidents, to dispose of the national staff with responsibility for accidents.

Accident occurred units shall in accordance with the approval, processing personnel of this unit bears responsibility for the accident.

    Accident unit were ordered to suspend production or business reorganization, subject to production or business for rectifications of production safety supervision and management departments or departments responsible for the supervision and administration of production safety-related inspection, safety conditions, be resumed production and business activities.

Investigation by accident of article 29th of Governments or authorized by relevant departments and agencies to the public, except as shall be kept confidential by law.

    The people's Government above the county level production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related shall, together with the monitoring bodies, to supervise and inspect the implementation of the accident.

    The fifth chapter legal liability

Article 30th units in charge of the accident, one of the following acts, fine at previous annual income 40% to 80% belonging to agents of the State, and shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) not immediately organized rescue;

(B) late or fail to report accidents;

    (C) during the period of investigation and handling of accidents absence.

31st article accident occurred units and about personnel has following behavior one of of, on accident occurred units at 1 million Yuan above 5 million Yuan following of fine; on main head, and directly is responsible for of competent personnel and other directly responsibility personnel at Shang a annually income 60% to 100% of fine; belongs to national staff of, and law give disposition; constitute violation security management behavior of, by police organ law give security management punishment; constitute crime of, law held criminal:

(A) misrepresent or conceal the accident;

(B) forge or vandalism, the scene of the accident;

(C) the transfer of funds, property, concealment or destruction of relevant evidence and information;

(D) refused to accept the investigation or refuses to provide relevant information and materials;

(E) perjury or instigate others to commit perjury in the investigation of the accident;

    (Vi) go into hiding after the accident.

32nd accident unit responsible for the accidents, fines in accordance with the following provisions:

(A) the General accident, fines of between 100,000 yuan and 200,000 yuan;

(B) large accidents, fines of between 200,000 yuan and 500,000 yuan;

(C) a major accident, and fined not more than 500,000 yuan and more than 2 million Yuan;

    (D) in special accident occurred, fined not more than 2 million Yuan and more than 5 million Yuan.

33rd accident unit charge of safety production management of failing to perform their duties, leading to accidents, fines in accordance with the following provisions belonging to agents of the State, and shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) the General accident, fine at previous annual income 30%;

(B) the larger accident, fine at previous annual income 40%;

(C) the major accident, fine at previous annual income 60%;

    (D) major accidents occur, fine at previous annual income 80%.

34th article accident occurred units on accident occurred has responsibility of, by about sector law temporarily buckle or revoked its about card as; on accident occurred units has accident responsibility of about personnel, law suspended or revoked its and safety about of practice industry qualification, and post certificate; accident occurred units main head by criminal punishment or dismissed disposition of, since penalty implementation finished or by disposition of day up, 5 years within shall not served as any production business units of main head.

    Accidents were ordered to suspend production or business reorganization of the production and business operation entity, after inspection acceptance does not have the conditions for safe production without authorization and engage in production and business activities, the people's Governments above the county level production safety supervision and Management Department or departments responsible for the supervision and administration of production safety-related attention of the people's Governments above the county level shall be closed.

35th people's Governments above the county level, work safety supervision and management departments and departments responsible for the supervision and administration of production safety-related one of any of the following acts, the directly responsible person in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) not immediately organized rescue;

(B) the late news, false negatives, false report or cover-up accidents;

(C) obstruct, interfere in accident investigations;

    (D) perjury or instigate others to commit perjury in the investigation of the accident.

Article 36th participate in accident investigations, accident investigations, one of the following circumstances shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) do not perform their duties in accordance with the Division of members of the investigation team;

(B) accident investigation found major clues or important in the process, not accident investigation reports in a timely manner;

(C) during the investigation of the accident without authorization, publishing information about the accident, impact accident investigation work smoothly or socially adverse consequences;

(D) not responsible for accident investigations, accident investigations have major omissions;

(E) harboring and protecting staff with responsibility for accidents or taking revenge;

(Vi) using his power to ask for or accept bribery in the accident investigation process;

    (VII) other of favoritism, abuse of authority, dereliction of duty cases.

    37th article violates these rules, and relevant departments of the people's Government at or above the county level shall intentionally delay or reject the implementation of the approval of the opinions of the person responsible for the accident, disciplined by the supervisory organs of the relevant personnel.

38th article of the regulation administrative penalty of fine, the people's Governments above the county level production safety supervision and management departments.

    Laws and regulations on administrative penalty types, magnitude and otherwise provided by the authorities, in accordance with its provisions.

    The sixth chapter supplementary articles

39th caused no casualties, but the social impact of bad accidents, deems it necessary to the investigation and handling of the people's Governments above the county level in accordance with the relevant provisions of the Ordinance and these rules.

    National authorities, institutions and people's organizations reporting and investigation of accidents that occurred in the light of the provisions of the Ordinance and these rules.

    40th article of the approach is known as the "upper" include the number, called "the following" not including the number itself. 41st these measures come into force on June 1, 2011. Province, Anhui Province people's Government released on December 9, 2003, the safety investigation and handling of accidents and provisional regulations on administrative accountability repealed simultaneously.