Key Benefits:
(The 9th ordinary meeting of the Government of the Sichuan Province, held on 15 July 2008, considered the adoption of the Decree No. 225 of 31 July 2008 of the People's Government of the Sichuan Province, which was launched effective 1 September 2008). Chapter I General 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, develop this provision in line with the provisions of the Law on Security of the People's Republic of China, the Production Safety Accident Report and the Survey Processing Regulations and the Sichuan Province Safety Production Regulations. The present provision is applied in the reports and surveys of production safety accidents resulting from physical injury or direct economic losses incurred in the production of business activities in the administrative region of the Sichuan Province. Water traffic accidents, road traffic accidents, fire accidents, etc. in production activities, are dealt with and held accountable for the production and operation units and their responsibilities in accordance with this provision, in addition to investigations under relevant laws, administrative regulations. Article 3 (i) Special major accidents, which means causing more than 30 deaths, or more than 100 serious injuries (including poisoning in acute industries, subsidiaries) or accidents in direct economic losses of more than 100 million dollars; (ii) A major accident means an accident that causes more than 30 deaths, or more than 100 people, or more than 50 million more than €50 million of direct economic losses; (iii) Large accidents refer to accidents resulting in the death of more than 10 people, or more than 50 people, or more than 5,000 million of dollars of direct economic losses; (iv) General accidents refer to accidents resulting in the death of three persons or the injury of 10 persons or the direct economic losses of 1000. Article IV. The accident survey should be conducted in a timely and accurate manner to determine the causes of accidents, the causes of accidents and the loss of accidents, to identify the nature of the accident, to determine the liability for the accident, to take stock of the lessons of the accident, to propose corrective measures and to hold the responsible person accountable for the accident in accordance with the law. Article 5 Governments of more people at the district level should strictly perform their duties and complete the processing of accidents in a 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. Article 7. Any unit or person shall be entitled to report to the security production supervision management, inspection bodies or other relevant departments on the reported offences in the accident report and the investigation. Chapter II Report on accidents, robbery, rescue Article 8. After the accident, the person on-site of the accident shall report immediately to the head of the unit; after the receipt of the report by the head of the unit, the management of the safe production of production at the district level where the accident occurs shall be reported within one hour and the relevant sectors with the responsibility for the safe production management of the production. In the event of emergency or special circumstances, such as those who cannot be contacted, the accident site-in-persons may report directly to the safe production supervision management 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 centrally focused production units and their respective production units on accidents (other than the general accident resulting in the loss of life or injury of a person, but resulting in the direct economic loss of $100,000), the report should also be made to the provincial security production supervision management and the relevant sectors with the responsibility for the safe production management of production, as prescribed. Article 9. Upon receipt of accident reports by the security production supervision management and the relevant departments with the responsibility to oversee the management of safe production, the reporting of accidents shall be carried out in accordance with the following provisions: (i) General accidents (with the exception of general accidents resulting in loss of life and injury, resulting in a direct economic loss of $100,000) are reported to the municipalities of the establishment and to the State's safe production control management and the relevant sectors with the responsibility to monitor safe production; (ii) High accidents are reported on a level-by-step basis to the provincial security productive management and to the relevant sectors with the responsibility to monitor safe production; (iii) Major accidents, special major accidents are reported on a case-by-step basis to the Department of Safety and Productive Production Monitoring and to the relevant sectors with the responsibility to monitor safe production. The security production supervision management and the relevant departments with the responsibility to oversee the management of safe production should report on the incident in accordance with the preceding paragraph and inform the same public security authorities, the labour security sector, the health administration, trade unions, inspection bodies and the People's Procurator. The relevant sectors, such as transport, public safety and security, have received reports of accidents such as water transport, road traffic, fires, and, in the case of accidents in the production operation, the same-level security productive management should be notified within two hours. Article 11 reported accidents should 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; (vi) Other reports. New developments after the accident report should be filled in a timely manner. The number of casualties caused by accidents has changed over 30 days from the date of the accident (a road traffic accident, 7 days from the date of the accident), and should be filled in a timely manner. No units or individuals shall be given the following delays, omissions, false reports or seizures of accidents: (i) Reports of accidents more than specified time limits; (ii) The absence of reports due to the loss of time, location, type, number of casualties, direct economic losses, etc. of an accident to be reported; (iii) The intentional failure to report on the occurrence, location, category, number of casualties, direct economic losses, etc. of the accident; (iv) deliberately conceal the accident that has occurred. When an accident occurred, the head of the accident occurred should immediately initiate the corresponding contingency advance or take effective measures to organize theft, rescue, prevent the expansion of accidents and reduce the loss of life and property. The injury caused by the accident requires medical treatment, and the unit of the accident should pay medical expenses. Incident accidents should bear the necessary costs, such as accident relief, risk disposal, rehabilitation and investigation. Following the accident reports received from the communes of the accident, the management of safe production monitoring and the relevant departments with the responsibility to monitor safe production, the heads of their heads should organize accident relief, as prescribed by the provision for immediate evacuation to the accident site. High-level people's Governments, the management of safe production monitoring and the relevant departments with the responsibility for the management of safe production should organize accidents and rescues, as required. 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, 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 identification and comprehensive record, the use of photographs, photographs, videos, and the proper storage of key footprints, exhibits. Any unit or individual should support, cooperate with the rescue of accidents and provide the necessary facilities. In the event of a risk of greater risk or loss, the main commander of the risk-recovery site could decide to suspend or terminate the rescue. Chapter III Article 17 generally accidents are investigated by the Government of the population at the district level where the accident occurred, and the general accidents that occurred in central production units and their constituent production units are investigated by the municipality and the State's Government; the larger accidents are investigated by the municipality in the area where the accident occurred and the State's people's Government, where the large number of accidents occurred in central and provincial priority production units and their associated production units is investigated by the provincial people's Government; and major accidents are investigated by the Government. The Government of the last-level people considers that, if necessary, the incident investigated by the lower-level people's Government can be investigated. Provincial, established municipalities and state and district-level governments may directly organize the investigation by the accident survey team or authorize the investigation of the incident survey by the same-level safety-production management or by the relevant sectoral organization that has the responsibility for the safe production management. Article 18 does not cause injury or injury to a general accident resulting in direct economic losses of more than 100,000 dollars, and may commission an accident survey by an accident unit. The accident incidence unit should report the safety and production management at the district level. A general accident resulting in minor injury or loss of life, but resulting in a direct economic loss of less than 100,000 dollars, was investigated and processed by the accident team, and the accident investigation reports should be presented to the district-level security production monitoring management. In the case of accidents under the preceding paragraph, there is a serious, social impact, or a security production monitoring management authorized by the district-level people's Government or the relevant departments with the responsibility for the safe production of production may organize an investigation by the accident survey team if necessary. Article 19 Including accidents at the central level of the Sichuan and provincial priority production units and their affiliated production units, investigation by the provincial, municipal and state-owned Government's accident survey teams, where the accident occurred, the district-level government or district-level safety-production monitoring management authorities and the relevant sectors with the safety and productive management responsibilities should be involved in the accident investigation. Article 20 has changed the frequency of accidents within 30 days from the date of the accident (a road traffic accident, a fire accident from 7 days from the date of the occurrence), resulting in changes in the number of accidents or changes in the direct economy, and, in accordance with this provision, the Government of the High-level People shall be responsible for the investigation and, in accordance with this provision, the Government of the High-level People may organize separate investigation teams. Article 21, which is a particularly significant accident, is not subject to an administrative area at the same district level where the accident occurred and is investigated by the Government of the people of the accident; the Government of the people at the location of the accident unit, the management of safe production monitoring and the relevant departments with the responsibility for the management of safe production. The incident survey team consists of the relevant authorities of the population at the district level, the management of safe production supervision, the relevant departments with the responsibility to monitor safe production, the inspectorate, the public security authority, the trade union, and invites the people's prosecution officers to participate. The Leader of the accident survey team is headed by the Government of the people concerned or designated a security production monitoring authority, or is responsible for the relevant sector responsible for the safety and productive management function. The accident survey team was responsible for the commission of a team leader. Members of the accident survey team should have no direct stake in the investigation. The accident survey team could involve experts in the investigation. Article 23 performs the following duties: (i) Identify the occurrence, causes, deaths and injuries of persons and the direct economic loss of the accident; (ii) Determination of the types, nature and liability of accidents; (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 24 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, impede or interfere. The documents provided by the relevant units and individuals relate to commercial secrets and technical secrets, which should be kept confidential. During the accident investigation, the heads of the accident and the associated personnel shall not be allowed to leave the accident without the licence of the accident investigation team and shall be consulted by the accident investigation team, if any. In an accident survey, the accident investigation team should transfer the material or its copies to the judiciary in a timely manner. Article 25 The accident survey team shall submit an accident investigation report within 60 days of the date of the accident; in exceptional cases, the security production oversight management authorized by the Government of the people of the organization of the accident survey team or authorized by the relevant departments with the responsibility for the safe production of the accident monitoring shall be authorized by the time period for the submission of the accident investigation report, but the duration of the extension shall not exceed 60 days. The accident survey requires technical identification, and the accident survey team should commission technical identification by units with national qualifications. Where necessary, the accident survey team may organize technical experts directly. The time required for technical identification is not taken into account for the duration of the accident investigation. Article 26 The accident investigation report should include the following: (i) Facts relating to the name, address, sector of origin, economic type and affiliation of the accident; (ii) The occurrence of accidents, categories, accident relief and rehabilitation; (iii) Deaths and direct economic losses caused by accidents; (iv) The causes and nature of the accident; (v) Determination of the responsibility for accidents; (vi) Recommendations for the treatment of persons responsible for accidents; (vii) accident prevention and rehabilitation measures. The responsibility for accidents can be divided into direct responsibilities, management responsibilities and leadership responsibilities, and the reference to the various types of responsibilities can be attributed to major responsibilities, important responsibilities and general responsibilities. The accident investigation report should be accompanied by the relevant material. Members of the accident survey team shall sign in the accident investigation report. Article 27 members of the accident survey team cannot agree on the causes of accidents, the determination of responsibility, the recommendation to deal with the responsible person, and shall make concluding observations by the head of the accident survey team. Chapter IV Article 28 reports of accidents surveyed by the accident survey team are reviewed in accordance with the following provisions: (i) A general accident (other than a survey conducted by an accident unit) report, retroactively by the district-level people's government or authorized district-level safety-productivity monitoring authorities, and a presentation of the market and state safety and production monitoring management for the establishment area; (ii) Reports of larger accidents, general accident surveys conducted by central and provincial priority production units and their associated production units, review of the municipal and state governments or authorized districts, as well as the state safety and production monitoring management authorities, and report on the provincial security production monitoring management; (iii) A major accident survey report, which was reviewed by the Government of the province; a report on a larger accident survey conducted by the centrally focused production units and their own production units; and a review by the provincial government or authorized provincial security production monitoring authorities. The Government considers it necessary to investigate the incident investigated by the lower-level people's Government, which is reviewed by the Government of the people responsible for the accident investigation or by the same-level security production monitoring authority authorized by it. Article 29 requires a review of the incident survey by the Government of the People, which is submitted by the accident survey team. General accidents (other than those handled by an accidental unit), larger accidents, major accidents, the Government of the people responsible for the accident investigation or the authorized security productive management shall be retroactive within 15 days from the date of receipt of the accident investigation report. Article 31 of the accident survey reports have been sent directly to the lower-level concerned Government, the relevant member units of the accident survey team and the accident-related units. The relevant organs shall, in accordance with laws, regulations and regulations, impose administrative penalties on the units and persons responsible for accidents and carry out administrative dispositions against State staff who are responsible for accidents. The accident-related unit shall be treated in accordance with the accident-recovery response to the person responsible for the accident. Persons responsible for accidents are suspected of committing crimes and are held criminally by law. Article 31 General accidents (other than surveyed by accident units), larger accidents, accidents and accidents are not carried out at the same district level, and the security production oversight management authorized by the Government of the population or authorized by the Government of the surveyed accidents and will be returned to the host Government or the safe production supervision management. Article 32, where the accident occurred and the accident occurred in the same district-level administrative area, administrative penalties for accident liability units and responsibilities are imposed in accordance with the following provisions: (i) Administrative penalties for accident-related units and their associated personnel, units with accident responsibilities and their associated responsibilities, and their associated responsibilities, shall be carried out by the Government of the people of the accident or by the security production monitoring administration, or by the relevant departments, in accordance with the legislative authority and procedures; and the people of the location of the accident unit or by the security of productive management or by the relevant authorities; (ii) Administrative penalties for other responsible units at the location of the accident, as well as those associated with the responsibility of the person concerned, shall be imposed by the Government of the people at the location of the accident or by the security production supervision management, or by the relevant authorities in accordance with the statutory authority and procedures for the accident; (iii) Administrative disposition of State staff who are responsible for accidents, in accordance with the authority of management of the dry Ministry, is carried out by the relevant authorities at the location of the accident or the accident. The accident statistics are based on the principle of territorial management. Article 33 Protection and rehabilitation measures proposed by the accident survey team are implemented by the accidental unit. The management of safe production supervision and the relevant departments with the responsibility to oversee the implementation of preventive and corrective measures by accident units should be monitored. After an accident by the production unit, the suspension of the production sector shall be subject to the eligibility of the safe production control management that has been determined by the end-of-service recuperation, which may resume production operations. Within 30 days from the date of the accident, after the treatment of the responsible units and responsibilities under the law, changes in the number of casualties caused by accidents or changes in the direct economy have resulted in changes in the accident hierarchy, the accident investigation team or the accident survey team organized by the Government of the last-tier shall re-examine and submit the accident survey report; the security production oversight management of the people concerned or authorized shall be retroactive and the decision should be taken. Chapter V Legal responsibility Article XV of the responsibility of an accident accident in the event of an accident, a fine is imposed in accordance with article 37 of the Department of State's Regulations on the Production of a Safety accident and the handling of the investigation. (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 XVI of the accident was ordered to stop production units at the end of the production operation, with no experience of obtaining qualified or receiving self-qualified recovery activities, to stop production activities and to pay a fine of up to 100,000 dollars. Article 37: The main head of the accident occurred in the absence of a security production management function under the law, resulting in the accident, imposing a fine in accordance with article 38 of the Department of State's Regulations on the Production of Safety Accidents and the Investigation Processing Regulations, which are a national staff member and are lawfully disposed of by law, and criminal liability is brought under the law: (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 33 Eighteen accidents, in addition to other persons other than the principal head, do not carry out safe production management duties in accordance with the law, resulting in accidents, which are fined in accordance with article 78 of the Safety Production Regulations of the Sichuan Province, and shall be subject to administrative responsibility by the authorities concerned: (i) In the event of a general accident, a fine of up to 500,000 dollars; (ii) The occurrence of a larger accident with a fine of up to 20,000 dollars; (iii) A major accident with a fine of more than 200,000 dollars. The occurrence of special major accidents is governed by the relevant provisions of the State. Other units responsible for accidents and their associated responsibilities are dealt with in accordance with the provisions of the People's Republic of China Act on Safety Production, the Production of Safety Accident Reports and the Investigation Processing Regulations, the State Department's provisions on administrative responsibility for special security accidents and the Regulations on the Safety and Production of Sichuan Province; and criminal responsibility is held in accordance with the law, which constitutes an offence. Article 40 Disputes relating to treatment of work and injury by practitioners and accident units are dealt with in accordance with the relevant provisions of the Work injury Insurance Regulations. Incident accidents and their associated personnel shall be compensated for practitioners and other personnel who are victims of accidents, in accordance with relevant national laws, regulations. Victims are entitled to initiate civil proceedings in accordance with the law. Annex VI Article 40 states that the head of the unit is the principal head of the unit, the head responsible for the management of safe production or the Head of the operation concerned. The main heads of the productive units referred to in this provision refer to a limited liability company, the head of the company, the head of the share company or the overall manager or the investigator of the other productive units, the head of the company, the manager, the director, the head of the mine (including the actual controlr, the investor). Article 42 reports and surveys of accidents in the production of security by State organs, utilities, people's groups are carried out in the light of the provisions. Article 43 reports and investigations of accidents, which are particularly significant, are dealt with in accordance with the relevant laws, administrative regulations or other provisions of the State Department. Article 44 At the 78th ordinary meeting of the People's Government of Sichuan, on 17 May 2002, the treatment of accidents in business employees and injuries in the provinces of Sichuan (No. 98-1 of the Provincial Government Order). |
