Shantou City Major Accidents The Accountability Approach

Original Language Title: 汕头市重大安全事故行政责任追究办法

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(March 3, 2006 Executive meeting of the Shantou City Government on March 20, 2006, Government of Shantou announced as of May 1, 2006, 86th), first in order to prevent the occurrence of major accidents, pursue the administrative responsibility of major accidents, protect people's lives and property safety, maintain social stability, according to the People's Republic of China Law on production safety, the People's Republic of China Law on administrative supervision, the
    For assigning responsibility for major accidents, Guangdong Province, administrative regulations and other relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Article within the administrative area of the city major security accidents and safety precautions on the administrative responsibility of the misfeasance, malfeasance, and these measures shall apply.
    Article city, district supervisory authorities in accordance with the provisions of administrative supervision laws and regulations, administrative organs and their staff carrying out safety supervision and management of monitor.
    City, district and County work safety supervision and management departments to conduct comprehensive supervision and management of production safety within their respective administrative areas, administrative responsibility of supervisory organs to help make major safety accidents. Fourth article major security accident administrative responsibility held of personnel including: (a) the District Government, and the town government (subdistrict offices) (following collectively levels Government), and Shantou high Management Committee (following referred to high district CMC), and Shantou special economic zone bonded Management Committee (following referred to bonded CMC) led personnel; (ii) city, and District Government the sector, and exercise administration functions of institutions, and management public affairs of organization,
    Appointed by State administrative organs and recruit other units (hereinafter referred to as departments) leadership, (iii) other national staff with responsibility for security management.
    Article fifth safety supervision and management, the implementation of "territorial management" and "who is licensed, who is responsible for", "who's in charge and who is responsible for" principle. Governments and Government departments at all levels of the main leaders or preside over a comprehensive administrative leader is the responsibility for safety of others, this system, this sector of this region, (or within) the overall leadership responsibility for safety.
    At all levels of Government and the leaders of various government departments in charge of the operation, is in charge of the operations within the scope of safety directly responsible, in charge of the business involved direct leadership responsibility for safety. Sixth article levels Government and Government the sector main leaders or presided over full work of administrative leaders on following major security accident of prevention, and occurred, in accordance with legal, and regulations and this approach of provides has dereliction of, and malfeasance case or has led responsibility of, in accordance with this approach provides give administrative sanctions; constitute crime of, law held criminal: (a) major fire accident; (ii) major traffic security accident; (three) major building quality security accident; (four) civilian explosion items and dangerous chemicals major security accident
    (V) mine major accidents (vi) special equipment of major accidents and (VII) other major accidents.
    Governments and Government departments at all levels on serious safety accidents prevention, has a leadership responsibility in charge of charge directly responsible and other persons directly responsible shall, mutatis mutandis, the way sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Serious accident unit and individual criminal sanctions, administrative sanctions and civil liability, in accordance with the provisions of the relevant laws, rules and regulations.
    Article seventh specific criteria for major accidents, in accordance with the relevant provisions of the State, province. Eighth levels of Government should be in accordance with the provisions of the relevant laws, rules and regulations, carry out the following functions: (a) the implementation of work safety laws, rules, regulations, guidelines and policies, establish and improve the leadership system of safety production, perfect production safety supervision and administration, law enforcement agencies.
    Government leaders or delegate in charge of the Government leaders convened at least once every quarter to prevent major and exceptionally serious accidents Working Conference, the Government leader or leader of the Government in charge of supervising the work area to prevent safety accidents led no less than two times per year.
    (B) increase the input of special funds for safety, safety in funds into the Government's annual budget, ensuring production safety supervision and management costs.
    (C) fully implement the responsibility system for production safety, establish and improve the safety management system, clear leaders of Government, government departments at all levels and the responsibility of the staff member concerned, annual safety responsible for safety production responsibility system and evaluation, and as a check on officials ' important content.
    (D) establish and improve work safety emergency rescue system, formulation and implementation of safety accident emergency rescue plans in the region, and according to the provisions of people's Governments at a higher level for the record; the county people's Governments should establish specialized rescue team; the town (subdistrict office) shall provide for the establishment of a full-time fire-fighters.
    (E) establishment of city, County and town (Street) three levels of safety production information management network, sound a major safety accident reporting, handling and monitoring systems.
    (Six) established safety inspections system, organization about sector according to their of duties, on this area easy occurred major security accident of units, and places and equipment, and facilities, for strictly management and focus check, monthly up level safety supervision management sector submitted focus hidden inventory regulation status; established town (Street) safety inspections system, sound security inspections records record system; established this area enterprise safety management information, urged enterprise implementation safety archives system.
    (G) after a major security incident, government leaders should immediately sped to the scene of the incident organization rescue work and deal with the aftermath, report on the levels of Government and relevant departments in a timely manner, and in accordance with the functions and powers, organizations, or assist in the investigation process.
    High-Tech Zone Management Committee, free trade zone Administrative Committee shall, in accordance with relevant laws, rules, regulations and municipal requirements to fulfil duties of supervision and administration of production safety, prevent the occurrence of safety accidents. Nineth Government departments, within the terms of reference shall be in accordance with the provisions of the laws, rules and regulations, strengthen safety supervision and management, and prevent the occurrence of major accidents, and perform the following duties: (a) advocacy, implementation of safety policies and regulations, studying and preventing major accidents, organize regular checks.
    Main or delegate in charge of leaders convened at least once every quarter to prevent major and exceptionally serious accidents workshops, supervision, guidance and supervision units in the context of safety and prevention of major accidents.
    (B) to include work safety and prevention of major accidents in the sector agenda, organize and implement the level of Government and the responsibility of production safety issued by the higher authorities, establish and implement a responsibility system for production safety, rewards system, clear leadership and concerned personnel of security responsibilities in this sector, and as a check on officials ' important content.
    (C) in accordance with national and provincial organizations of the system, as prescribed by the industry (sectors) safety supervision and inspection, and to take measures to eliminate serious accident risks; beyond the scope of its responsibilities, it should be immediately reported to the people's Government at the; of the urgency of the situation, you can immediately take emergency measures such as shall be ordered to suspend production or business, and reported to the people's Government at the.
    (D) carry out safety production inspection system, the system on a regular basis, the industry (sectors) and focus of major hazard risks carry out safety inspections, inspections and safety registration file, monthly submission to the level of Government work safety supervision and management departments focus on risk inventory control. (E) the law relating to safety in the implementation of administrative licensing matters. Must be strictly in accordance with laws, rules and regulations of conditions and procedures relating to review or acceptance of the license, do not meet the safety conditions stipulated by laws, rules and regulations, shall not make a decision on the administrative license. Has legally obtained the administrative licensing unit and individual implementation of strict supervision and inspection, and found that it does not meet the safety requirements, it shall rescind the administrative licensing and administrative penalties.
    Not an administrative license according to law without authorization and engage in safety-related activities, should be investigated and prosecuted immediately, and given administrative penalty according to law.
    (F) after a major security incident, principal leaders should immediately sped to the scene for rescue work, report the Government and work safety supervision and management departments at the same level in a timely manner, terms and organize or assist with accident investigation, rescue, recovery work, decreasing accident levels.
    Tenth levels of education administrative departments and schools should carry on the necessary safety and security advocacy work, strengthen safety management and safety inspections to prevent the occurrence of food poisoning, fires, tourism, transportation, building collapses and other accidents, ensure the safety of students. Students ' skills in primary and middle schools of education, and organizing students to participate in social activities such as work, you must ensure that security. On behalf, in any form, is strictly prohibited and grounds for students engaged in contact with inflammable, explosive, toxic, noxious, dangerous goods, labor or other dangerous work.
    School rental is strictly prohibited as flammable, explosive, toxic, hazardous and other places of production, management and storage of dangerous goods. 11th after the occurrence of major accidents, the Government or the relevant government departments should be in accordance with the provisions of the national and provincial, and immediate investigation by accident investigation team, found in nature, and to determine responsibility for the accident.
    On administrative liability, accident investigation group should come up with recommendations of the administrative responsibility.
    Accident investigations should be completed within 60 days of the date of the accident and the investigation report on the accident investigation unit of in case of special circumstances, accident investigation unit and reported to work safety supervision and Management Department at a higher level for approval, may be appropriate to extend the time, but shall not exceed 90 days.
    Investigation report shall, in accordance with the laws and regulations and the provisions of the relevant staff the administrative liability of those views and other legal responsibilities. 12th completed accident investigations, is responsible for organizing investigations of Government or Government departments concerned shall, in accordance with the relevant provisions of the national and provincial, level of Government or safety regulatory agency to submit a written report.

    Higher level people's Government or the safety regulatory body shall, on the date of receiving the accident report to reply within the 30th.
    If necessary, the municipal people's Government on serious safety accidents of their responsibilities to make a decision.
    Following approval of the report of the accident, accident and the relevant government departments shall, in accordance with the contents of the reply of the Government, seriously implemented, departments should be responsible for dealing with the implementation of supervision and inspection. 13th major safety accident investigation to deal with grading is responsible for: (a) the deaths of 3 to 5 people and seriously injured 10 to 29 persons, organized by the district and county people's Government investigations, approval submitted to the municipal people's Government closed.
    If necessary, the investigation by the municipal people's Government directly; (b) a 6-9 or serious bodily injury of death between 30 and 49 people, surveys by the municipal people's Government, submitted to the provincial people's Government for approval cases.
    14th no unit and individual shall be entitled to the Government or the relevant government departments report significant safety accidents and safety violations, are entitled to higher levels of Government or the relevant government departments to report lower levels of Government or relevant Government Department does not perform security functions of supervision, perform their duties in accordance with the provisions of the conditions. Receiving the report or reports of the Government or the relevant government departments, shall report the matter immediately to investigate or report processing.
    An accident, should urge the departments and units concerned to deal expeditiously, avoiding an accident; a failure to perform duties, shall be ordered to correct serious refused to correct, according to the cadre management authority, leadership and responsibility of the relevant units were given administrative punishments.
    The Government or the relevant government departments should be on the confidentiality of the source, any units and individuals is strictly prohibited retaliation against whistle-blowers. 15th article this city administrative within occurred major security accident, accident occurred to of district, and town government (subdistrict offices) has following behavior one of of, according to plot weight, by following provides processing: (a) not by this approach provides perform duties, on major security accident hidden check, and urged, and rectification poor of, on Government main leaders or is in charge of led people give remember than, and downgraded, and dismissed of administrative sanctions; constitute crime of, law held criminal; (ii) Organization mass major activities Shi plans not carefully, Security accident prevention measures not implementation, on May caused major security accident of major activities no developed security accident emergency rescue processing plans of, on Government main leaders or is in charge of led people give demerit, and remember than, and downgraded, and dismissed of administrative sanctions; constitute crime of, law held criminal; (three) violation this approach eighth article first paragraph subsection (seven) items provides, occurred major security accident Hou, hide not reported, and lied about, and delay report, or resistance rejection, and
    Interfere with the responsibility for major safety accidents be prosecuted administratively liable, to government leaders or leaders given a demerit or demote administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 16th article this city administrative within occurred major security accident, accident occurred to of District Government about sector has following behavior one of of, according to plot weight, by following provides processing: (a) not by this approach provides perform duties, safety supervision management not in place of, on government sector main leaders or is in charge of led people give downgraded or dismissed of administrative sanctions; constitute crime of, law held criminal; (ii) violation this approach Nineth article subsection (five) items provides, not in accordance with legal, and Regulations and regulations provides of conditions and program on involved safety matters implementation administrative license, for review or acceptance; on illegal made administrative license of units and personal, not law be banned or processing; on law made administrative license of units and personal not perform supervision management duties, found its no longer has safety conditions and not law revoked original license; or found safety violations and not law be investigation of, on government sector main leaders or is in charge of led people give remember than, and
    Downgraded or dismissed of administrative sanctions; constitute crime of, law held criminal; (three) violation this approach Nineth article subsection (six) items provides, occurred major security accident Hou, hide not reported, and lied about, and delay report, or resistance rejection, and interference on major security accident about responsibility personnel held administrative responsibility of, on government sector main leaders or is in charge of led people give remember than or downgraded of administrative sanctions; constitute crime of, law held criminal.
    17th high-tech zone management committee, free trade zone Administrative Committee and its functions in accordance with relevant laws, rules, regulations and municipal requirements to fulfil duties of supervision and administration of production safety, safety, high-tech zone management committee, bonded area Administrative Committee and its main functions and responsibilities leaders, mutatis mutandis the provisions of article 15th, 16th penalties constitute a crime, criminal responsibility shall be investigated according to law.
    18th article this city administrative within various school violation this approach provides, has following case one of of, according to school membership relationship, on location Government and government education administrative competent sector main leaders and is in charge of leaders, according to plot weight, give demerit, and remember than, and downgraded until dismissed of administrative sanctions; on school principal give dismissed of administrative sanctions, on directly organizers and responsibility who give fired public of administrative sanctions; constitute crime of, law held criminal. (A) to any form, and name and reason organization students engaged in contact flammable easy burst, and toxic harmful, dangerous items of labor or other risk labor of; (ii) will school site rental as flammable easy burst, and toxic harmful, dangerous items of production, and business, and store places; (three) on by authorized or has corresponding qualification institutions confirmed of c, and d level dangerous not immediately sealed, and demolition, and arrangements students continues to using of; (four) Organization shuttle students or organization students collective out activities Shi,
    Not complying with the provisions of transport and drivers, as well as overcrowding of students travelling.
    Article 19th major security incidents occurring within the administrative area of the city, has security and administration of other countries who violate these rules, failing to perform their duties or procedures and duties that are not in accordance with the regulations, mutatis mutandis the provisions of article 15th, 16th penalties constitute a crime, criminal responsibility shall be investigated according to law. 20th article has following case one of of, except law held about responsibility people of responsibility outside, by following provides processing: (a) continuous two years breakthrough safety control index or Dang annual over safety control index 50% above of, incident to of Government main leaders should up level Government for topic reported and made written review; (ii) this area, and this system occurred once death 6 to 9 people of major security accident or one years within occurred 2 up once death 3 to 5 people of major security accident,
    District and County Government leaders and with the unit with administrative subordination principal leaders of various departments of the Municipal Government to review shall be filed with the municipal government, (iii) the areas under their jurisdiction, this system more than 10 deaths accident, incident, government leaders and has administrative relationship with the unit's main leaders of various government departments, law in accordance with the relevant regulations of the State, province. 21st article violation this approach provides, has following case one of of, canceled responsibility units and responsibility personnel when degrees participation various integrated advanced (excellent) units or personal of appraisals award qualification: (a) occurred major security accident of town government (subdistrict offices), and Industrial Park (district) and and incident units has administration membership relationship of district government sector; (ii) occurred once death 6 to 9 people, or once injured 30 to 49 people,
    Or once acute career poisoning 30 to 49 people above major security accident of District Government, and high district CMC, and bonded CMC and and incident units has administration membership relationship of municipal government sector; (three) on security accident of prevention, and occurred has related responsibility, by disciplinary or should made written review of personal; (four) concealed, and lied about and delay report accident of responsibility units and on this area accident units concealed, and lied about and delay report accident has management responsibility of units;
    (E) annual safety control indexes of severely overweight; (vi) failed to pass the annual examination of the safety production responsibility system and units and individuals.
    After personnel changes, found that the circumstances prescribed in the preceding paragraph, imposed on the person tracking accountability.
    22nd at all levels of Government, and Government leaders and other staff on administrative obligation-imposed sanctions is dissatisfied with a decision of major security accidents, complaints, reviews, in accordance with law review.
    Article 23rd accident investigators abuse, malpractice, negligence, penalties constitute a crime, criminal responsibility shall be investigated according to law.
    24th article of the administrative responsibility of the extraordinarily serious safety accidents occur, according to the State Council on regulations on administrative accountability for extraordinarily serious safety accidents be dealt with.
    King, major security accidents accidents other than prevention, responsible government agencies the staff member concerned, in accordance with the relevant provisions of the national, provincial and municipal administrative liability of those. 25th article of the rules take effect on May 1, 2006.