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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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(Adopted at the 92th ordinary meeting of the Government of the Northern Province on 11 December 2007 for adoption by Order No. 13 of 19 December 2007 of the People's Government of Northern Province, No. 13 of 2007 on 1 February 2008)

Chapter I General
Article 1 ensures the timely and accurate handling of production safety accidents reports and the smooth conduct of investigations, in accordance with the State Department's Regulations on the Production of Safety Accidents and the Processing of Surveys, and develops this approach in conjunction with the actual province.
Article 2
Environmental pollution accidents, accidents in nuclear facilities, reports and surveys of accidents in the production of scientific research are not applicable.
Article 3
The management of safe production supervision of the population at the district level is the lead department for the accident survey and the organization responsible for the accident investigation.
The laws, regulations or the Department of State provide otherwise for the reporting and investigation of accidents.
Any units and individuals have the right to report and report accidents to the security production supervision management and other relevant departments with the responsibility for the management of safe production. The reporting sector should protect and reward the reportingers.
Chapter II Report on accidents
When an accident occurs, the person on the accident should report immediately to the head of the unit. In the event of emergency, reports may also be reported directly to the Government of the people at the district level where the accident occurred, on the management of safe production supervision and other relevant departments with the responsibility for the safe production management.
The accident site-related personnel shall be given emergency telephone reports on accidents, and the receiving sector or units shall report immediately to the people's Government or the management of the safe production of the accident.
Following reports received by the head of the accident, the security production supervision management and other relevant departments with the safety and production oversight responsibilities of the population at the district level where the accident occurred should be reported within one hour. The situation of accidents has changed and should be updated immediately.
Article 7. After the accident reports received by the security productive management and other relevant departments with the responsibility to oversee the management of safe production, accidents should be reported in accordance with the following provisions and communicated to the public security authorities, the executive branch and trade unions, the People's Procurator's Office:
(i) Special major accidents, major accidents and larger accidents, on a case-by-step basis, to the provincial people's Government's safe production management and other relevant departments with the responsibility for safe production management;
(ii) General accidents, on a case-by-step basis, of the management of the safe production of production supervision and other relevant departments with the responsibility to monitor safe production;
(iii) The time after the receipt of the accident report shall not exceed 2 hours for the reporting period.
After Article 8 of the general accident reports to the commune government for the safe production of the management and other relevant departments with the responsibility to monitor safe production, the authorities of the communes shall report within 24 hours to the provincial government on the management of safe production supervision and other relevant departments with the responsibility for the safe production management of production.
Article 9. Safety and productive management and other relevant departments with the responsibility to oversee the management of safe production should report on accidents in accordance with Article 7 of the present methodology at the same time to the Government of the people at this level. In other relevant sectors with the responsibility to monitor safe production, accident reports should be accompanied by the same-level security production oversight management.
The Government of the Provincial People shall immediately report to the Government of the People of the province upon receipt of a report on accidents at a higher rate of accidents by the authorities of the Ministry of Safety and Production Monitoring and other relevant departments with the responsibility to oversee the management of safe production, as well as the establishment of zones where accidents occur.
Article 10
(i) Including more than three accidents at risk or on the whereabouts of unknown persons;
(ii) Explosives, fires, transport, electricity, communications accidents affecting the production of business activities or the lives of residents;
(iii) Distinguished, decontrol and crashes for large-scale hosting facilities and construction equipment;
(iv) A dangerous chemical spill accident;
(v) Incidents causing serious pollution to the environment;
(vi) An accident requiring urgent evacuations;
(vii) Other accidents that have a significant impact on society.
After the accident reports received by the head of the accident, the relevant accident response scenarios should be launched immediately, effective measures should be taken to actively organize the rescue and to effectively monitor the various major hazardous sources of the unit, prevent the expansion of accidents or triggering accidents and minimize loss of life and property.
Article 12 Upon receipt of accident reports by the security production supervision management and other relevant departments with the responsibility to oversee the management of safe production, an accident must be reported within the specified time frame.
The incident reported for the first time should include the following:
(i) The occurrence of accidents and the time and place of the accident;
(ii) Preliminary cases of casualties, direct economic losses;
(iii) Possible hazards and measures;
(iv) The accident reporting unit, the reporting person, the rator, the reporting time and the means of communication.
The number of casualties and changes in the direct economy should be filled in a timely manner.
Following the occurrence of special major accidents and major accidents, the Government of the Provincial People and its heads of the departments concerned should be removed from the accident scene and organize rescue.
After larger accidents, the Government of the communes of the affected area and its heads of the departments should be removed from the accident scene and organize the rescue.
After a general accident, the Government of the district and its relevant authorities in the area of the accident should be removed from the accident sites and organize the rescue.
Article 14. The security production supervision management and other relevant sector personnel with the safety and production oversight function shall be subject to a formal accident report after a preliminary investigation of accidents and injuries, direct economic losses, etc.
Official accident reports should include the following:
(i) Fact sheets of the accident;
(ii) The categories of accidents, the occurrence of accidents and the location of accidents;
(iii) The situation of accidents, the situation of persons in danger and the whereabouts of unknown persons;
(iv) The direct economic loss of the accident;
(v) Causes of accidents;
(vi) Measures taken after the accident;
(vii) Other reports;
(viii) The accident reporting unit, the reporting person, the rator, the reporting time and the means of communication.
When the accident occurred, the Government of the population at the district or district level where the accident occurred should organize the personnel of the relevant departments and units to maintain an on-site order to protect the accident scene and the related evidence. No one shall interfere with the investigation of accidents and the normal conduct of the work of the good.
For reasons such as the rescue of personnel, the prevention of the expansion of accidents and the evacuation of traffic, the need to clear or mobile accident scenes should be made, maps and written records, or the use of technical instruments such as photographs, videos, and the proper storage of field marks and exhibits.
Article 16 should establish a 24-hour system for the management of safe production supervision and other relevant departments with the responsibility to oversee the management of safe production, and make the relevant provisions for the publication of duty calls, facsimiles and the reporting of incentives available to society for the processing of accident reports and reports.
Chapter III
When an accident occurs, an investigation is conducted in accordance with the following provisions:
(i) Special major accidents, conducted by the Government of the Provincial People, the People's Government of the municipality in which the accident occurred, the Government of the county and the relevant departments to cooperate with the Department's accident survey team;
(ii) A major accident survey conducted by a team of accidents organized by the Government of the Provincial People or the provincial Government for the safe production of the accident survey;
(iii) Large accidents, investigated by a team of accidents organized by the Government of the People's Republic of the Region or by the Authority's Government for Safety and Production;
(iv) General accidents, investigated by the accident survey team of the district-level government or the district-level people's Government for the safe production of accidents. An investigation can also be carried out by a team of accidents organized by the Government of the People's Republic of the Region or by the Authority for the Safety and Production of the People's Government.
Article 18 provides for a general accident that does not cause injury or injury to a person, with a direct economic loss of up to three million dollars, an accident survey team may be commissioned to conduct an investigation and a safety-production monitoring management.
Article 19, on road traffic accidents in transport operations, after the investigation by the relevant authorities in accordance with the provisions of the laws, regulations, the Government of the more people at the district level considers it necessary to conduct investigations into the productive units and to investigate the terms of reference under article 16 of this approach.
Article 20 of the accident survey team consists of the concerned people's Government, the management of safe production monitoring, other relevant departments with the responsibility to monitor safe production, inspection bodies, public security agencies, trade unionists, and invites the people's prosecution officers to participate.
In accordance with the needs of the accident survey, the accident survey team may hire experts to assist the accident investigation.
The incident occurred in the unit itself to organize a accident survey, and the accident survey team should involve personnel from within the unit for safe production management, trade unions, screening and etc.
Article 21, the Head of the accident survey team is appointed by the Government of the people responsible for the investigation or by the head of the department responsible for the organization of the accident survey.
The team leader chaired the work of the accident survey team.
Members of the accident survey team shall be subject to the uniform leadership of the accident investigation team, to the integrity of impartiality, to the due diligence, to observe the disciplines of the accident investigation team and to the confidentiality of the accident investigation.
Without permission from the accident survey team leader, members of the accident investigation team shall not be allowed to issue information on accidents to society.
Article 23 shall perform the following duties:
(i) Identification of accidents and identification of causes of accidents, casualties and direct economic losses;
(ii) Determining the nature of the accident, confirming the existence of a delay, omission, false or concealment;
(iii) Identification of accident responsibilities and recommendations for the treatment of those responsible for accidents;
(iv) Take stock of accident lessons and propose preventive and corrective measures;
(v) Reports on accidents.
Article 24, in the course of the accident investigation, the accident survey team found that the accident was a natural disaster, a criminal offence of the security or other accidental accident, and was requested by the accident survey team to assign the relevant sectoral investigation to the Government of the same level, in accordance with the relevant provisions. Due to the loss of human life and the changes in the direct economy that go beyond the investigative jurisdiction, the Government of the same people is asked to refer to the Government of the people at the highest level to investigate.
When the unit is required to take mandatory measures against the persons and property of the accident unit in accordance with the law, the accident investigation team should be informed in advance and the accident survey team's observations, without any activity that would impede the accident investigation.
Article 26 The accident survey team shall fully discuss and agree on the accident investigation report. Inconsistency, it was concluded on the basis of the views of most member units, but it must be noted in the accident survey report.
Article 27 should include the following:
(i) Facts and profiles of the responsible units;
(ii) Time, location, accident reports 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) Implementation of the duties of the Government and its management;
(vii) The responsibility of the accident and the recommendations for the treatment of the responsible person;
(viii) Lessons of accidents, precautionary and corrective measures that should be taken, and the period of rehabilitation;
(ix) List and signature of members of the accident investigation team;
(x) Other matters.
The accident investigation report should be accompanied by the relevant material.
Article 28 of the accident survey report was discussed by the accident survey team to present the people's Government responsible for the handling of the accident survey after adoption.
The information on the accident survey should be kept in the safe production monitoring management.
Chapter IV
Article 29 of the accident investigation report is reviewed by the relevant people's Government responsible for the investigation.
The annual incident survey report is presented by the security production supervision management and other relevant departments to the relevant sector-specific file at the highest level.
The laws, regulations or the Department of State provide otherwise for the review of the accident investigation report.
Article 33 shall, in accordance with the approval of the Government of the people, impose administrative penalties on the accident unit and its associated personnel, dispose of the State staff responsible for the accident and monitor the implementation of the corrective measures. The results of the handling of accidents and the implementation of corrective measures should be reported in writing to the Government of the people at the highest level and the relevant departments.
Any organ or unit shall not be subject to administrative penalties or administrative disposition of the accident-related unit and its associated personnel prior to the accident investigation report.
Article 33 is responsible for accidents allegedly committed, and the accident investigation team should transfer the material to the judiciary in a timely manner. The safe production monitoring management should have the results of the handling of persons responsible for accidents suspected of committing crimes.
After the receipt of a review of the accident investigation report by the accident unit, it is appropriate to follow up on accident-processing observations, corrective measures in accordance with the prescribed time frame, to implement the relevant sectoral reports of the organization's investigation of the safety production oversight management or the responsibility for the safe production management of the accident, and to recover normal production activities after the sector surveyed by the organization.
As a result of the accident survey, the Government of the people responsible for the accident investigation or the management of the safe production control have been consolidated into society. The law should be confidential and enforced in accordance with the relevant laws, regulations.
Chapter V Legal responsibility
Article 34, relating to the Government of the People, the management of safe production monitoring and the relevant departments with the responsibility to oversee the management of safe production, is governed by law by the law by the competent and other direct responsible persons directly responsible; constitutes an offence punishable by law:
(i) No immediate organization of accident hijacking;
(ii) Suspected, omission, false or concealed accident;
(iii) Obstacles and interference with accident investigations;
(iv) Confidentiality in the accident investigation or intrusion of others.
Article XV of the responsibility of the accident accident-related unit, which is subject to a fine imposed by the security-production monitoring authority under the following provisions:
(i) General accidents with a fine of up to 200,000 dollars;
(ii) Large accidents, resulting in a fine of more than 200,000 dollars of deaths of more than six people; and a fine of up to 300,000 dollars of deaths of more than 10 people;
(iii) A major accident resulting in a fine of more than 50 million dollars of deaths of more than 15 people; a fine of up to 2 million dollars of the deaths of more than 20 people; and a fine of 2 million dollars for more than 20 deaths;
(iv) Special major accidents, resulting in a fine of more than three million dollars of death of more than three hundred thousand United States dollars; a fine of more than three million dollars of death for more than 50 people; and a fine of more than five million dollars for more than 50 deaths.
Article 36 units engaged in transport operations are responsible for road traffic accidents and, in accordance with the relevant laws, regulations and methods, are subject to administrative sanctions from the safe production supervision management.
Article 37 of the accident occurred in the absence of an accident treatment opinion, the rehabilitation of the measures, which was rectified by a security production supervision authority or other relevant sectoral responsibility for the safe production of the management of the production; and the denial of correction and administrative sanctions under the relevant laws, regulations.
Annex VI
Article 338 of this approach refers to the production units responsible for accidents.
Article 39 of this approach is implemented effective 1 February 2008.