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Yunnan Province Production Safety Accident Reporting, Investigation And Handling Requirements

Original Language Title: 云南省生产安全事故报告和调查处理规定

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Production of safety accident reports and investigation-processing provisions in the province of Yunnan

(Summit 27th ordinary meeting of the Government of the Republic of Yumnang on 30 July 2009 to consider the adoption of Decree No. 155 of 24 August 2009, No. 155 of the People's Government Order No. 155 of 24 August 2009, effective 1 October 2009)

Article 1, in order to regulate the reporting and investigation of accidents in production, implement a system of accountability for production safety accidents, prevent and reduce production safety accidents, establish this provision in conjunction with the actual practice of the province, in accordance with the Regulations No. 493 of the Department of State.

Article 2 reports and surveys of production safety accidents causing bodily injury or direct economic losses (hereinafter referred to as accidents) in the production operation of the province's administration apply the Regulations and the present provisions; environmental pollution accidents, accidents in nuclear facilities, reports and surveys of accidents in the production of national scientific research are not applicable to the Regulations and the provisions.

Reports and surveys of accidents such as fire accidents, coal mines, special equipment accidents, road traffic accidents, rail traffic accidents, intra River traffic accidents, civil aviation equipment accidents, etc. are also provided in accordance with their provisions.

Article 3 Governments of the above-mentioned population at the district level and their safe production monitoring authorities, the relevant departments with the responsibility for safe production supervision should perform accident investigation duties in accordance with the law and provide incentives for units and individuals that have contributed to the reporting of accidents, accident reports and investigations.

The Committee on Safety and Production at the district level and its offices should guide, monitor the handling of accidents investigations, coordinate key issues in the handling of accidents investigations, and promote the implementation of accidents in the relevant sectors.

Article IV. Safety and productive management and relevant departments with the responsibility to oversee the management of safe production should be informed of inspection bodies in accordance with Article 10 of the Regulations.

The same level of security production supervision management and the relevant departments with the responsibility to monitor safe production should inform each other on accidents in a timely manner, after receiving accident reports.

After the accident report, the situation of accident assistance, casualty, economic loss, etc. changed or emerging, and the relevant sectors with the safety and productive management responsibilities should be filled in a timely manner.

In the event of larger accidents, the accidents occurred, the security production supervision management, the relevant departments with the responsibility for safe production supervision should be reported in a timely manner after the incident was reported, until the end of the accident or the accident ceased to change.

Following the accident, the Government of the people in the area of the accident should organize accident relief and accident surveys, in accordance with the frequency of the accident, on the basis of an immediate emergency relief advance.

The units and individuals concerned should support, cooperate with accident assistance and accident investigations.

Article 7

(i) The law, administrative legislation authorizes the relevant authorities to investigate the accident organizations listed in article 2, paragraph 2, of the present provision, and the head of the accident investigation team is vested in the relevant departments or agencies that organize investigations under the law, administrative regulations;

(ii) The Government of the people at the district level directly organizes the investigation by the accident survey team, who is headed by a Government designated by the Government of the people that organizes the investigation or are supervised by safe production;

(iii) The Government of the people at the district level authorizes or entrusts the relevant department with the investigation of the accident survey team, which is chaired by the security production supervision management.

Article 8 does not cause the death or serious injury of a person, and the Government of the district-level population may commission an accident survey by the accident unit and be supervised by the same level or by the top-level security productive management.

In accordance with the preceding paragraph, an accident survey should be organized with the participation of a person in the security production management of accidents, trade unions and other sectors.

Article 9 has been authorized by the Government of the people at the district level or commissioned to organize an accident survey team, which should be communicated in a timely manner to members of other relevant departments to participate in the accident investigation.

Upon notification from the concerned sector, the knowledge and expertise required for an accident investigation should be assigned in a timely manner and the persons who have no direct stake in the investigation are involved in the accident investigation.

Article 10, in the course of the accident survey, the accident survey team found that the accident was a natural disaster, public health incident or social security incident, should be transferred to the concerned authorities to continue to investigate the matter.

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 11. The following costs incurred during the production of a security accident survey, with the exception of the laws, regulations, regulations and regulations, are borne by the accidental unit:

(i) Costs arising from accident relief;

(ii) test and technical accreditation costs;

(iii) The cost of engaging experts in accident investigations;

(iv) Transport fees, accommodation fees and fees related to accident surveys.

The accident survey costs may be paid from the security-production risk mortgages collected by the accident unit, and the relevant sector and the agent's bank shall be governed by the relevant provisions.

Article 12

(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 Government of the people and its sectors of the responsibility for the management of 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) List and signature of members of the accident investigation team;

(x) 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.

Article 13. The accident survey team shall fully discuss and agree 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.

Article 14. Reports of accidents are sent in accordance with the following provisions:

(i) The law, administrative regulations authorize the relevant authorities to investigate the accident organizations listed in article 2, paragraph 2, of the present provision, and the accident survey reports are reviewed by the relevant organs provided for in the laws, administrative regulations;

(ii) 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 organization survey;

(iii) 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 reported to be sent to the Government of the people at the end of the year by authorized or commissioned departments;

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

The Government of the above-mentioned population at the district level prior to the review of the accident investigation reports set out in subparagraphs (iii), (iv) of the previous paragraph, should refer the accident survey to the Office of the High-level Committee for Security Production.

The Office of the Safety and Production Committee may seek the views of the relevant departments and accident-related units at the time of the review of the accident investigation report or prior to the review by the Government and the relevant authorities at the district level.

The Government of the people at the district level should accompany the accident investigation report.

Article 15. The authorities shall, within 30 days of receipt of the Government of the People responsible for the investigation of accidents, be treated in accordance with the law; in exceptional cases, the time period shall be extended appropriately, subject to approval by the Government of the people responsible for the accident investigation, but the extension period shall not exceed 30 days. The results should be reported in writing to the Government of the people responsible for the accident investigation and the authorities at the highest level.

Article 16, after receiving a review of the incident investigation report, the accident response, the corrective measures should be implemented in accordance with the prescribed time frame and reported to the organ responsible for the organization of the accident investigation.

Enterprises that are subject to suspension after the accident should be able to resume productive activities after the identification of competent bodies that have decided to suspend the production industry.

Article 17 Persons involved in accident investigations are dealt with under article 41 of the Regulations as follows:

(i) The unauthorized withdrawal of the accident investigation team without the consent of the team leader or the superior authority;

(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) Disclosure of the content of the accident survey to the outside world, affecting the smooth conduct of the accident investigation or the social consequences.

Article 18