Hebei Province Production Safety Accident Reporting And Investigation Approach

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

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(December 11, 2007 Hebei Province Government 92nd times Executive Conference considered through December 19, 2007 Hebei Province Government makes 2007 13th, announced since February 1, 2008 up purposes) first chapter General first article for specification production security accident of report and survey processing, guarantees production security accident report of timely accurate and survey processing work of smooth for, according to state production security accident report and survey processing Ordinance, combined this province actual, developed this approach.
    Second unit within the administrative area of the province, individuals or other organizations in the production and business activities arose as a result of the personal injury or direct economic losses of production safety accidents (hereinafter referred to as the accident) reporting and investigation process, these procedures apply.
    Environmental pollution accidents, nuclear accident, defence research and production reporting, investigation and handling of these procedures do not apply.
    The third people's Governments above the county level shall be responsible for the investigation and handling of accidents.
    Safety supervision and management departments above the county level people's Government as the lead department on the investigation of the accident, organization in charge of accident investigations.
    Laws, administrative regulations or the State Council of the accident reporting, investigation and handling of otherwise provides, from its provisions. Fourth article of any unit and individual have the right to production safety supervision and management departments and departments responsible for the safety production supervision and management of other relevant reports and the reporting of accidents.
    Accept reporting departments to protect whistle-blowers and rewards. Chapter fifth accident report after the accident, accident-related personnel shall immediately report to the head of the unit.
    When the urgency of the situation, or directly to the people's Governments above the county level production safety supervision and management departments and departments responsible for the safety production supervision and management of other relevant reports.
    Scene of the accident the staff for emergency calls reporting the accident, receiving Department or unit shall immediately place the people's Government or the safety supervision and management departments report. Article sixth head of unit after receiving the report of the accident, should be the people's Governments above the county level where the accident occurred within 1 hour production safety supervision and management departments and other departments concerned with production safety supervision and management responsibilities report the accident.
    Accidents happen, shall remedy immediately. Seventh article safety supervision management sector and has safety supervision management duties of other about sector received accident report Hou, should in accordance with following provides reported accident situation, and notification police organ, and labor guarantees, administrative sector and unions, and people's Procuratorate: (a) special major accident, and major accident and larger accident, step by step reported to province government safety supervision management sector and has safety supervision management duties of other about sector; (ii) General accident,
    Escalation to the district's municipal work safety supervision and management departments and other relevant departments have the supervision and administration of production safety, (iii) time after receiving the accident report to a newspaper reported at the level of no more than 2 hours.
    General accident to districts article eighth municipal work safety supervision and management departments and other departments concerned with production safety supervision and management responsibilities, district municipal work safety supervision and management departments and other relevant departments have the supervision and administration of production safety shall, within 24 hours reported to the provincial production safety supervision and management departments and other departments concerned with production safety supervision and management responsibilities. Nineth of production safety supervision and management departments and other departments concerned with production safety supervision and management responsibilities in accordance with these measures article seventh report accidents, should also report the people's Governments at the corresponding level.
    Other departments with safe production supervision and administration responsibilities to report accidents, should at the same time copy to production safety supervision and management departments at the same level.
    Provincial work safety supervision and management departments have supervision and administration of production safety and other relevant sectors and districts and cities where the accident occurred after larger accidents above accidents reported to the people's Government shall report immediately to the provincial people's Government.
    Tenth Article occurred following accident according to this approach seventh article first items and eighth article of provides report: (a) caused three people above distress or unaccounted for of accident; (ii) effect to production business activities or residents life of explosion, and fire, and traffic, and power, and communications accident; (three) large amusement facilities and construction equipment capsized, and runaway, and fall accident; (four) dangerous chemicals leak accident; (five) on environment caused serious pollution of accident; (six) need emergency evacuation personnel of accident;
    (VII) significant impact on the community of other accidents.
    11th accidents reported to the head of unit after the accident shall immediately start the appropriate emergency plan, to take effective measures to actively organize rescue, and the various types of major hazards implementing effective monitoring and prevent accidents expanded secondary accidents caused or, minimizing loss of life and damage to property.
    12th of production safety supervision and Administration Department and other relevant departments have the supervision and administration of production safety after receiving the accident report must be accident report within the specified time limits.
    Report the accident for the first time should include the following: (a) the accident unit, as well as the time and place of the accident, (ii) master of casualties and direct economic losses of (iii) can cause hazard, as well as the measures taken by the (iv) incident reporting units, speakers, approving, reporting time, and contact information.
    Casualties and direct economic losses of shall promptly remedy.
    13th special after the occurrence of major accidents and major incidents, head of the provincial people's Government and the relevant departments rushed to the scene of the accident to organize rescue.
    After the big accident, accident of Heads of district city people's Government and the relevant departments rushed to the scene of the accident to organize rescue.
    After the accident, head of the county where the accident occurred and the relevant departments rushed to the scene of the accident to organize rescue.
    14th production safety supervision and management departments and other officials have the supervision and administration of production safety rushed to the scene of the accident, casualties and direct economic losses of preliminary investigation and verification, should prepare a formal report of the accident.
    Official accident report should including following content: (a) accident occurred units profile; (ii) accident category, and accident occurred briefly after and the accident site situation; (three) accident casualties situation, and distress personnel and the unaccounted for personnel situation; (four) accident directly economic loss situation; (five) accident occurred of reasons; (six) accident occurred Hou take of measures; (seven) other should report of situation; (eight) accident report units, and report people, and approved people, and report time and the contact way. 15th after the accident, districts of city or county where the accident occurred should be under emergency conditions, relevant departments and units who are responsible for maintaining the order, protect the scene of the accident and relevant evidence.
    No person shall interfere with the normal conduct of accident investigations and remedial work.
    Expanded by rescue workers, prevent accidents and to clear traffic and other reasons, need to clean up or move field objects, flags should be made, draw diagrams and written records, or you can use technical means to collect evidence such as photographs, video, keep the scene traces and evidence.
    16th production safety supervision and Administration Department and other relevant departments have the supervision and administration of production safety shall establish a 24-hour duty system, and to report to the public duty phone, fax, and reward-related provisions at any time receive accident reports and reporting. Third chapter accident survey 17th article accident occurred Hou, according to following provides carried out survey: (a) special major accident, by Province Government, and accident occurred to of set district city government, and County Government and about sector tie State accident survey group for survey; (ii) major accident, by Province Government or province government safety supervision management sector organization accident survey group for survey; (three) larger accident, District municipality or district municipal work safety supervision and management departments investigation by accident investigation team, (d) the General accident, by accident of County or County work safety supervision and management departments investigation team to investigate the accident.
    Or district municipality or district municipal work safety supervision and management departments investigation team to investigate the accident.
    Article 18th caused no personnel casualties and direct economic losses of 3 million Yuan the following accidents, you can delegate units of the accident investigation team to investigate the accident, work safety supervision and management departments supervision.
    Article 19th in road accidents that occurred in the transportation business activities, relevant departments in accordance with the laws and regulations after the investigation, the people's Governments above the county level shall consider necessary to the investigation and handling of the production and business operation entities, in accordance with the provisions of article 16th permission to investigate.
    Article 20th accident investigation group composed of Governments, production safety supervision and management departments have supervision and administration of production safety, and other relevant departments, monitoring, public security authorities, trade union members, and invited the people's Procuratorate to send participants.
    According to accident investigation work needs, accident investigation teams to employ experts to assist in accident investigations.
    Units organize the accident accident investigation, accident investigation unit should draw on internal safety management, trade unions, and discipline inspection departments and agencies of the participants.
    Article 21st incident investigation team leader by the people's Government is responsible for the investigation and handling of specified or chaired by the lead organization, head of the accident investigation.
    Accident investigation work of the leadership of the head of the accident investigation team.
    22nd member of the accident investigation team should be subject to the unified leadership of the accident investigation team, integrity and impartiality, dedication, abide by the accident investigation team discipline, keep investigation secret.
    Without the head of the accident investigation group permission, members of the accident investigation group not allowed to publicize information about the accident. Article 23rd accident investigation unit shall perform the following duties:

    (A) confirmed accident occurred units, identified accident reasons, and after and the personnel casualties and directly economic loss situation; (ii) finds accident nature, confirmed whether exists late reported, and omitted, and lied about or concealed behavior; (three) determine accident responsibility, proposed on accident responsibility who of processing recommends; (four) summary accident lessons, proposed prevention and rectification measures; (five) submitted accident survey report. Article 24th during the accident investigation process, identified by the accident investigation team belongs to natural disasters, public order in criminal cases or other accidents, accident investigation team reported to people's Governments at the same level assigned for investigation in accordance with the relevant provisions.
    Due to casualties and direct economic losses are beyond investigation and handling of permissions, on the approval of the transfer of people's Governments at the level people's Governments to investigate.
    25th units need related to the accident according to law officers and taking enforcement measures, shall inform the accident investigation group and listen to accident investigation group shall not engage in any activity that hampered the accident investigation. Article 26th accident investigation group of the accident investigation report should be fully discussed and reached a consensus.
    Disagree, according to the majority opinion concluded, but it must be explained in the accident investigation report.
    27th article accident survey report should including following content: (a) accident occurred units and related responsibility units profile; (ii) accident occurred of time, and locations, and after and the accident report and accident rescue situation; (three) accident caused of personnel casualties and directly economic loss situation; (four) accident occurred of reasons and accident nature; (five) accident occurred units safety aspects of system provides and safety measures of implementation situation; (six) about Government and management sector perform duties of situation;
    (G) the confirmation of responsibility for the accident, as well as recommendations on responsible; (VIII) accidents and preventive and corrective measures that should be taken as well as rectification period; (IX) accident investigation group member names and signatures; (j) other matters set forth.
    Accident investigation report shall attach the relevant evidential materials.
    28th accident investigation report by the accident investigation group reported people's Government is responsible for the investigation and handling of accidents.
    Accident investigation and relevant information should be in the archive work safety supervision and management departments.
    Fourth chapter 29th accident investigation report on the accident by the relevant people's Government is responsible for the investigation and handling of reply.
    Approval of the accident report by work safety supervision and management departments and other relevant branches of higher authorities for the record.
    On accident investigation reports under relevant laws, administrative regulations or the State Council approval, for the record as otherwise provided, from its provisions. Article 30th competent authorities shall, in accordance with the approval of the people's Government, in accordance with the relevant provisions of the laws, rules and regulations, accidents and related administrative sanctions, to dispose of the national staff with responsibility for accidents, and to monitor the implementation of corrective measures.
    The consequences of the accident and the implementation of the corrective measures and higher people's Governments and relevant departments should be a written report.
    Any organs and may not without authorization of the accident before the accident investigation report approved by unit and its associated personnel and impose administrative penalties or administrative sanctions. 31st against persons suspected of crime, accident investigation unit shall promptly remove the materials handed over to judicial organs for handling.
    Production safety supervision and management departments should learn the results of persons suspected of crimes.
    32nd accident unit after receiving the approval of the accident investigation report should be dealt with in accordance with the deadline the implementation of accident advice, corrective measures, implementation shall provide organization survey production safety supervision and management departments or departments responsible for the supervision and administration of production safety-related reports, inspected by the Department responsible for investigation after acceptance, before returning to normal production and business activities. Article 33rd accident result from accident investigations, the people's Government or the safety supervision and management departments to the public.
    Shall be kept confidential by law, in accordance with the provisions of relevant laws and regulations.
    Fifth chapter legal responsibility 34th article about Government, and safety supervision management sector and has safety supervision management duties of about sector has following behavior one of of, on directly is responsible for of competent personnel and other directly responsibility personnel law to Yu administrative sanctions; constitute crime of, law held criminal: (a) not immediately organization accident rescue of; (ii) late reported, and omitted, and lied about or concealed accident of; (three) hinder, and interference accident survey work of;
    (D) perjury or instigate others to commit perjury in the investigation of the accident. 35th article accident occurred units on accident occurred has responsibility of, by safety supervision management sector in accordance with following provides sentenced fine: (a) General accident, at 100,000 yuan above 200,000 yuan following of fine; (ii) larger accident, caused three people above six people following death of at 200,000 yuan above 300,000 yuan following of fine; caused six people above ten people following death of at 300,000 yuan above 500,000 yuan following of fine; (three) major accident, Caused 10 people above 15 people following death of at 500,000 yuan above 1 million Yuan following of fine; caused 15 people above 20 people following death of at 1 million Yuan above 2 million Yuan following of fine; caused 20 people above death of at 2 million yuan of fine; (four) special major accident, caused 30 people above 40 people following death of at 2 million Yuan above 3 million Yuan following of fine; caused 40 people above 50 people following death of at 3 million Yuan above 5 million Yuan following of fine
    Causing more than 50 deaths and 5 million Yuan fine.
    Article 36th units engaged in transport operations responsible for road traffic accidents, in accordance with the provisions of relevant laws and regulations and these rules, administrative penalties by production safety supervision and management departments.
    37th accident does not implement accident handling, corrective action, by production safety supervision and Management Department or other relevant departments have the supervision and administration of production safety shall be ordered to correct; it refuses, administrative penalties in accordance with the provisions of relevant laws and regulations.
    Sixth chapter supplementary articles article 38th accidents mentioned in these measures refers to production and business operation entities responsible for the accidents.
                                                        39th these measures shall come into force on February 1, 2008.

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