Wuxi Interim Measures For Production Safety Accident Reporting And Investigation Process

Original Language Title: 无锡市生产安全事故报告和调查处理暂行办法

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(September 20, 2007, Wuxi city people's Government, the 67th General session on October 18, 2007, Wuxi municipal people's Government announced come into force on the date of promulgation, 93rd) first in order to further standardize the production safety accident reporting and investigation process, implementation of the responsibility system of production safety accidents, according to the State Council production safety accident reporting, investigation and handling regulations, combined with the city's actual, these measures are formulated.
    Article in production and business activities in the administrative area of the city arose as a result of the personal injury or direct economic losses of production safety accident reporting and investigation procedures apply; environmental pollution accidents, nuclear accident, defence research and production reporting, investigation and handling of these procedures do not apply.
    Third incident reporting should be timely, accurate, complete, and any unit and individual shall, not later than about the accident, omitted, false or concealed. Fourth, after the accident, accident-related personnel shall immediately report to the head of unit, head of unit after receiving the report, shall be the city where the accident occurred, the city within 1 hour (s), the district work safety supervision and management departments and departments responsible for the supervision and administration of production safety-related reports.
    Acute industrial poisoning should include both municipal, city, where the accident occurred (County), the administrative departments of public health. Off-site production and business operation entities casualties or accidents of the direct economic loss, should be immediately to the scene of the accident the personnel in charge of the unit and the accident reports of the unit holders.
    Head of unit after receiving the report of the accident shall immediately to the city where the accident occurred, the city (district), the district work safety supervision and management departments and departments responsible for the supervision and administration of production safety-related reports.
    Head of unit shall, after the accident of the accident and to take immediate and effective measures to organize emergency rescue to prevent accidents expanded to reduce casualties and economic losses.
    Accidents reported to the fifth article of city (County), the district work safety supervision and management departments and departments responsible for the supervision and administration of production safety-related should be immediate higher authorities and the people's Governments at the corresponding level report, and reported in writing within 2 hours.
    Municipal work safety supervision and management departments and departments responsible for the supervision and administration of production safety-related, connected to 3 or more deaths, or more than 10 seriously injured, or more than 10 million yuan of direct economic loss incident reports must be in written form in the 2-hour accident reported to the municipal people's Government. Sixth General accident (caused the death of less than 3, or less than 10 serious injuries, or 10 million yuan of direct economic losses), city (County), the district people's Government is responsible for the investigation or authorized or entrusted relevant departments investigation by accident investigation team.
    Among them, the municipal enterprise, municipal construction Administrative Department is responsible for the supervision of construction projects and Central Government in General a Tin by the municipal people's Government is responsible for the investigation.
    Social influence, or involving Hong Kong, Macao and Taiwan and foreigners, stateless people and other municipal people's Government considers it necessary to investigate the accident, the municipal people's Government is responsible for the investigation. General accident caused no casualties, the city (County), the district people's Government may also entrust units of the accident investigation team to investigate the accident.
    Among them, the fire accident by public security fire control institutions in charge of the accident investigation team and chaired the accident investigation team.
    Seventh municipal people's Government is responsible for the investigation of accidents in General, or the production and business operation entity caused the death of 3 persons for more than 6 people, or more than 10 persons 30 people seriously injured, or 10 million Yuan and 30 million yuan of direct economic losses larger accident, the municipal work safety supervision and management department head accident investigation team and chaired the accident investigation team.
    Article eighth over 6 people below 10 deaths, or 30 more than 50 people injured, or 30 million Yuan and 50 million yuan of direct economic losses larger accident, the municipal people's Government in charge of the leadership or in charge of any incident investigation team leader and Chair of the Secretary-General's accident investigation team or authorized or commissioned any incident investigation team leader and Chair of the Department head accident investigation work. Nineth incident and accident are not in the same city (County) and district administrative areas, by the people's Government is responsible for the investigation of the accident.
    Units of local Government shall be represented in the accident. Article tenth according to the specific circumstances of accidents, accident investigation group composed of Governments, production safety supervision and management departments, have production safety supervision and administration departments, supervisory organs and the public security organs, as well as trade union members, and people's procuratorates should be invited to send participants.
    Accident investigation teams to hire the experts involved in the investigation. 11th accident investigation team work rules: (a) accident investigation work of the leadership of the head of the accident investigation team.
    Members should cooperate with each other by accident investigation team, led by the leader of the accident investigation team, in accordance with their respective responsibilities to carry out accident investigations.
    (B) accident investigation team members should be honest in the accident investigation just, fulfill their duties, comply with the accident investigation and discipline, keep accident investigation secrets.
    (C) without the head of the accident investigation group permission, members of the accident investigation group not allowed to publicize information about the accident. 12th technical appraisal is required in the investigation of the accident, accident investigation group shall entrust the organization with national qualification. If necessary, the accident investigation unit can be directly organized experts to carry out technical analysis, the costs paid by the units of the accident.
    Identification time required is not included in the investigation period.
    13th accident investigation unit shall, within 60 days of the date of the accident accident investigation reports submitted; special case, approved by the people's Government in charge of accident investigations, accident investigation reports submitted may extend the period, extended period of no longer than 60 days.
    Accident investigation team members should be based on accident investigations and liability of the accident, in accordance with the statutory duty, to bear responsibility for the accident in the 30th units or persons to present recommendations.
    14th accident investigation group should be based on facts and evidence and laws and regulations, scientific analysis, proves, the accident investigation report and accident investigation report of accident causes, nature, responsibility and consensus on a recommendation.
    Members of the accident investigation team should sign the accident investigation report. 15th head of the accident investigation report by the incident investigation unit submitted to the people's Government in charge of accident investigations.
    Relevant information on accident investigation by the accident investigation team leader unit is responsible for the archive.
    16th people's Government in charge of accident investigations should be since the date of receiving the accident report within 15th to reply; special case, approval time may be extended appropriately, but for the longest time not later than 30th.
    17th article about organ should according to Government of reply, in accordance with legal, and regulations provides of permission and program, on accident occurred units and about personnel for administrative punishment, on has accident responsibility of national staff for disposition; accident occurred units should according to is responsible for accident survey of Government of reply, on this units has accident responsibility of personnel for processing, and will processing results reported accident survey group leader units.
    Bears responsibility for the accident, persons suspected of a crime, criminal responsibility shall be investigated according to law.
    18th city, city (County), the district people's Government accident investigation special funds should be set up to cover the costs associated with accident investigations.
    Article 19th incident unit is mentioned in these measures refers to: (a) employees of the unit or units of other casualties or economic loss.
    (B) a staff unit and b unit in charge of production, casualties or economic loss accidents, accidents in b units.
    (C) the overall contracting units would be part of the project to a commercial contract or labor contractors, when a production safety accident in construction process, by law the employer's accident unit is specialized in the contract or labor contractors illegal employer, accidents in general contracting units.
    (D) other units responsible for the accidents. Article 20th incident unit is located in these measures refers to units registered in the accident.
    Accident unit practical production and management and register are not in the same city (County), district administrative division, off-site production of up to 6 months, unit is the location of the place of incorporation of the accident; remote production for more than 6 months of accident is the location where the actual production units operates (except construction).
    21st article this article fifth, sixth, seventh, eighth, called the "upper", including the number called "below", not including the number itself.
    22nd special following accident reporting and investigation and handling of major accidents, provisions of relevant laws, administrative regulations or the State Council, in accordance with its provisions.
    23rd State organs, institutions and people's organizations incident reporting and investigation, in accordance with the measures of the regulations.
                                      24th article this way come into force on December 1, 2007.