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Beijing Production Safety Accident Reporting And Investigation Approach

Original Language Title: 北京市生产安全事故报告和调查处理办法

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Report on the production of safe accidents in Beijing City and methods of investigation

(Health 52th ordinary meeting of the Government of Beijing, 10 November 2009) considered the adoption of Decree No. 217 of 11 December 2009 by the Government of the People's Republic of Beijing, 1 March 2010 for implementation)

Contents

Chapter I General

Chapter II Report on accidents

Chapter III

Chapter IV

Chapter V Legal responsibility

Annex VI

Chapter I General

In order to regulate the reporting and investigation of accidents in the production of security in this city, this approach is developed in accordance with the People's Republic of China Security Production Act (hereinafter referred to as the Safety Production Act) and the Department of State's Regulations on the Production of Safety Accidents and Investigation (hereinafter referred to as the Regulations).

Article 2 The laws, regulations provide otherwise for accident reports and investigations, which are provided.

Article 3. Accident investigation is handled at the level of the accident.

The Government of the city and district (the district) authorizes the IPS accident survey team to conduct investigations; the commune and district (zone) people's Government considers that, when necessary, the investigation can be organized directly.

Sections and units involved in the accident survey should be dispatched to participate in the accident investigation process, to support, cooperate with the accident survey team and to provide the necessary working conditions.

Chapter II Report on accidents

Article 5 After the accident, the owner of the accident and the head of the unit receiving an accident report shall report to the safety and productive management in the accident area (the district) in accordance with the provisions of the Regulations, as well as to the relevant sectors with the responsibility for the safety and productive management.

After the accident reports received by the security production monitoring management in the area (the district) and the relevant sectors with the responsibility to oversee the management of safe production, it should be reported within two hours to the city's safe production control management and to the relevant sectors with the responsibility to monitor safe production.

After reports of special major accidents, major accidents received from the city's Safety Production Monitoring Administration and the relevant departments with the responsibility to oversee the management of safe production, reports should be made available within two hours to the Department's safe production supervision management and to the relevant sectors with the safety and productive management responsibilities.

The security production supervision management and the relevant sectors with the responsibility to monitor the management of safe production should be accompanied by a report on the Government of the people at the current level; and, where necessary, can be reported at a higher level.

After the incident occurred, the accident-related unit should immediately trigger the accident response, take effective measures to organize rescues, prevent accidents from expanding or triggering secondary accidents, reduce loss of human life and property; and transmit the injured person to medical institutions in a timely manner and pay medical expenses.

The relevant units and persons shall fully cooperate with the work of the accident investigation team, in accordance with the provisions of the Regulations, in order to protect the accident scene and the relevant evidence. Clearing the accident scene shall be subject to the consent of the accident investigation team.

The accident survey team should complete the incident scene survey and evidence-based work in a timely manner.

Chapter III

Article 9

(i) In accordance with the provisions of the Regulations, a special major accident is investigated by the relevant authorities of the city's Government in collaboration with the Department of State accident survey team.

(ii) Major accidents and larger accidents are organized by the municipal safety and productive management.

(iii) In general accidents, more than 1 million dollars of direct economic losses, resulting in death or serious injury, are investigated by the Regional (Parea) Safety Production Monitoring Administration responsible for organizing investigations; direct economic losses of less than 1 million dollars and unrelated deaths or injuries, organized by accident units or their parent production units responsible for conducting investigations, and construction accidents are carried out by the construction of engineering units or by the organizational survey established by them.

In the view of the security productive management of the district (zone) that, with the consent of the Government of the current people, it is possible to organize investigations directly by the productive units responsible for organizing general accidents.

The reference to this article includes the above-mentioned number, which is not included in the above-mentioned category.

In accordance with the specific circumstances of the accident, the accident survey team consists of the relevant sections of the Government of the people, the management of safe production monitoring, the human resources and the social security sector, the inspectorate, the public security agencies and trade unionists, and, in accordance with the law, the People's Procurator.

The head of the accident survey team is headed by the head of the security production monitoring authority; the direct organization of accident surveys by the Government of the urban and district (zone) is appointed by the Government of the people responsible for the accident investigation.

Article 11

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

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

(iii) To make recommendations for the treatment of persons directly responsible for accidents, other responsible units and responsibilities;

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

(v) Reports on accidents.

Article 12 Members of the accident survey team should have the knowledge and expertise required to investigate accidents and do not have a direct stake in the investigation. The members of the Investigation Group should be relatively fixed.

The members of the accident survey team shall provide, in accordance with the functions of their departments and units, the relevant policy and technical support, by law, to make recommendations for the handling of accident responsibility units and responsibilities and to complete the work assigned by the accident investigation team.

Sections and units involved in accident investigations should ensure that their personnel are provided with the transportation tools, communications and technical equipment necessary to participate in accident investigations.

The safety and productive management assumes daily work of the accident survey team and provides the necessary working conditions for the accident survey team.

Article XIV, in accordance with article 9, subparagraph (iii), of this approach, provides for accidents investigated by the organization of the productive business unit, shall involve the relevant sectors, such as the security production, human resources, technology, and trade unions, which shall be completed within the time frame specified in the Regulations.

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

(i) Reprinted copies of business licences, administrative licences and qualifications;

(ii) Evidence of the roles of organizational bodies and associated personnel;

(iii) The safe production responsibility regime and associated management systems;

(iv) The contract, the identification of casualties and the proof of labour relations related to accidents;

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

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

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

(viii) The purpose of the accident scene;

(ix) The income of the responsible person for the previous year;

(x) Other material related to accidents.

The content of the materials set out in subparagraphs (i) and (ix) above requires the identification of the relevant sectors, which should be synchronized.

Article 16 requires technical recognition or assessment of direct economic losses in the accident survey, and the accident survey team should commission technical validation or assessment of units with corresponding qualifications. Where necessary, the accident survey team may directly organize technical validation or assessment by experts. The time required for technical identification and assessment is not taken into account for the duration of the accident investigation.

Units and personnel involved in technical identification and direct economic loss assessments should have no direct stake in the accident.

In accordance with the provisions of the Regulations, the accident survey team submitted a report to the current people's Government for the investigation of accidents, which was requested for the review. The members of the accident survey group could not agree on the causes of accidents, the determination of responsibility, the treatment of the recommendations by the responsible person, which was determined by the head of the accident investigation team and provided clarifications to the people at this level.

Article 18 The members of the accident survey team should be objectively impartial, competent and impartial in the accident survey, subject to the discipline of the accident investigation team.

The members of the accident survey team were to issue information on accidents outside the country, which should be authorized by the head of the accident survey team and organized by the accident survey team.

Chapter IV

Article 19 should be carefully implemented by the Government of the People and be held in accordance with the law on the legal responsibility of the responsible units and responsibilities; within 10 working days of the completion of the accident processing process, a review will be carried out to inform the management of the safe production of the accident survey conducted by the organization.

Article 20 accidents and related liability units should carefully draw lessons from accidents, implement corrective measures and seriously address the personnel responsible for accidents in this unit, and implement the safety and productive management of the incident survey to be processed by the Government within 10 working days from the completion of the accident processing process.

Article 21, which is responsible for organizing direct economic losses under the investigation by the productive business unit, is subject to a general accident of more than 1 million dollars (concluding this figure) and has not resulted in the death or serious injury of a person, shall be completed within the time frame provided for in the Regulations; and, within 10 working days of the completion of the accident processing exercise, the investigation will report on the safe production management of the accident.

Chapter V Legal responsibility

In article 22, the relevant responsibilities of the accident occurred in connection with the concealment of the accident, false reports, delays in reporting and damage to the accident sites, resulting in unspecified causes and responsibilities for the accident and finding a liability accident for the unit.

In accordance with article 23 of the Regulations, the amount of the fine shall be in accordance with the provisions of the Safety Production Act.

Article 24 does not investigate the general accident of loss of the direct economy of more than 1 million dollars (concluding this figure) and does not cause the death or injury of a person, and is subject to a change in the security production supervision management order and a fine of up to 30,000 dollars.

Article 25 Including and related liability units do not deal with persons responsible under article 20 of this approach, implement corrective measures, be corrected by a time limit of the security production supervision management order, with less than 3,000 dollars of dollars, and do not report on the implementation of the Government's recovery within the prescribed time frame to the management of the safe production monitoring management, which is due to the impending period of time, with 5,000 fines.

Article 26 concerning administrative organs and their staff members who do not perform statutory duties in the handling of accidents or do not follow up on the Government's approval, and are subject to the legal accountability of the inspectorate.

Annex VI

Article 27 Other accidents that occurred in the production of business activities by the productive units, or by the people of the city or area (areas) considered necessary, are dealt with in accordance with this approach.

The twenty-eighth approach was implemented effective 1 March 2010.