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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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(Summit of 3 March 2006 at the Standing Committee of the People's Government to consider the adoption of Decree No. 86 of 20 March 2006 on the Royal Government of the City, which was launched effective 1 May 2006)

Article 1, in order to effectively prevent the occurrence of major security accidents, hold administrative responsibilities for major security accidents, guarantee the lives, property security of the people, maintain social stability, develop this approach in line with the People's Republic of China's Safety Production Act, the National People's Republic of China Administrative Monitoring Act, the Financial Liability for Major Security Accidents in the Province of El-East Province and other relevant laws, regulations and regulations.
Article 2 Administrative responsibility for serious security accidents and security-protection measures in the present city's administration is held accountable and is applicable.
Article 3. The municipal, district and district inspectorate is subject to inspection of the executive branch and its staff's safety oversight functions, in accordance with administrative inspection laws, regulations and regulations.
Integrated monitoring management of safe production within the current administration is carried out by the urban, district and district safety production monitoring authorities to assist the inspection agencies in the accountability of major safety accidents.
Article IV
(i) People's Government, the Governments of all municipalities (the street offices) (hereinafter referred to as all levels of government), the management of the new technology industry development area (hereinafter referred to as the High-Level Committee), the management committee for the first economic zone (hereinafter referred to as the FC);
(ii) Government departments, institutions exercising administrative functions, organizations governing public affairs and other units appointed and recruited by State administration (hereinafter referred to as Government departments);
(iii) Other national staff with responsibility for security management.
Article 5 Safety supervision management, application of the principle of “land management” and “ Whoever, who is responsible”, “ Whoever is responsible”.
The main leaders at all levels of government and all branches of government or the executive leadership in the overall work are the first responsible for the safe production of responsibilities, with full leadership in the region, the system, the sector (or within its mandate). The leadership of all levels of government and various branches of government in the management of operations is the direct responsibility for the safe production of production within the context of the operation and has a direct leadership responsibility for the security production involved in the management operations.
Article 6. The main leaders at all levels of government and government or executive leaders that preside over the overall work are protected, in the event of a serious security accident, in accordance with the provisions of the law, legislation and the present approach, in the event of negligence, malfunctioning or leading responsibility, and in accordance with the provisions of this approach to administrative disposition; and in the form of a crime, criminal responsibility is lawful:
(i) Major fire accidents;
(ii) Major traffic safety accidents;
(iii) Major construction safety accidents;
(iv) Major safety accidents in civilian explosive items and hazardous chemicals;
(v) Major safety accidents in mines;
(vi) Major safety accidents in special equipment;
(vii) Other major security accidents.
All levels of government and various branches of government are responsible for the prevention of major security accidents, the occurrence of sub-heads, the direct responsible supervisors and other direct responsibilities, and are subject to administrative disposition, mutatis mutandis, and the criminal responsibility of the law.
Criminal penalties, administrative penalties and civil responsibility for major security accidents are carried out in accordance with the relevant laws, regulations and regulations.
Article 7. Specific criteria for major security accidents are implemented in accordance with the relevant national, provincial provisions.
Article 8. Governments at all levels shall carry out the following responsibilities, in accordance with the relevant laws, regulations and regulations:
(i) To follow up on laws, regulations, regulations and guidelines for safe production, policies, the establishment of a leadership system for the sound production of safely safely, and to improve regulatory and administrative law enforcement agencies for safe production. The Government's main leadership or entrusts the Government to host at least a quarterly meeting on the prevention of major and special security accidents, with the Government's main leadership or entrusting the Government's sub-heading to oversee the safe accidents in the area of the territory.
(ii) Enhance specialized funding for safe production and incorporate specific funding for safe production into the annual Government financial budget and secure the management of the costs of safe production.
(iii) Full implementation of the responsibility for safe production, establishment of a system for the management of the goal of sound safe production, clear the responsibilities of all levels of government, government leaders and relevant staff, conduct safety and production responsibilities for those responsible for safe production every year and serve as an important element in the appraisal of leadership performance.
(iv) The establishment of a system of emergency relief for the safe production of emergency response, the development of pre-empts for the implementation of security accidents in the region, and the provision of the Government of the people at the highest level, the establishment of a specialized rescue force, and the establishment of a dedicated firefighting force by the Governments of all townships (the street offices).
(v) Establishment of a security production information management network at the municipal, district and town ( Street) levels, and the sound reporting, processing and monitoring system for major security accidents.
(vi) Establish a safe production inspection system that organizes units, places and equipment, facilities, facilities that are vulnerable to major security accidents in the region, in accordance with their respective responsibilities, to conduct rigorous management and focus inspections, to inform the management of safe production at the highest level on a monthly basis of a focus on the status of clearance; to establish a safe production inspection system for town (farm) safe production, to maintain a safe delivery record system; and to establish a management information for business safety in the Territory and to promote the implementation of the enterprise security production archives system.
(vii) After a major security accident, the main leadership of the Government should immediately be removed from the field to organize the rescue and rehabilitation process, as well as the timely reporting of the Government and related sectors, and to cooperate with the investigation in accordance with the terms of reference.
The High-Level Committee on Management, the IASC shall perform the responsibility for the management of safe production in accordance with the relevant laws, regulations, regulations and the requirements of the city's people's Government to prevent the occurrence of security accidents.
Within the framework of their responsibilities, the various branches of Government should strengthen the management of safety monitoring, prevent the occurrence of major security accidents and perform the following duties, in accordance with the provisions of laws, regulations and regulations:
(i) Advocacy, implementation of safety production policies and regulations to study the deployment of major safety accidents and to organize regular inspections. The main leaders or the supervisory leaders are entrusted with convening at least every quarter of a conference on major and special security accidents to promote, direct and supervise the safe production and prevention of major safety accidents.
(ii) The inclusion of security production and the prevention of major security accidents in the main agendas of this sector, the organization of the implementation of the security production responsibilities set out by the current Government and the superior sector, the establishment and implementation of a safe production responsibility and incentive system, the identification of the security responsibilities of the leadership and the relevant sectors, and as an important element in the appraisal of leadership performance.
(iii) To conduct security monitoring inspections of the system, the industry (in the area) in accordance with the relevant provisions of the State, and to take timely measures to eliminate the concealment of major security accidents; to report promptly to the same-level people on the scope of their responsibilities; and, as a matter of urgency, to take immediate and urgent measures such as temporary suspension or suspension of work, and to report to the same-ranking people.
(iv) Implementation of a safe production inspection system that regularly conducts safe patrols of major dangerous sources and focuss of the system, the industry (in the area) and is well placed in a security survey file, with a monthly focus on the safe production supervision of the Government.
(v) Execution of administrative licences by law relating to security production matters. There must be strict review or inspection of the licence matters in question in accordance with the conditions and procedures set forth in the law, regulations and regulations, and no administrative licence decision shall be taken with respect to security conditions not in conformity with the provisions of the law, regulations and regulations. A strict inspection of units and individuals who have obtained administrative permission under the law has been found that they do not have security conditions of production, and they should be removed by law and punished by administrative penalties. In the absence of an administrative licence under the law, it should be promptly inspected and punished by law.
(vi) After a major security accident, the main leaders should immediately be able to take part in the hijacking of relief efforts, timely reporting on the same-level Government and the safe production monitoring management, as well as to organize or assist in the investigation, rescue, rehabilitation and rehabilitation of accidents, in collaboration with the mandate, to minimize the level of accidents.
Article 10. The executive authorities and schools at all levels should conduct the necessary safety education and security promotion of students, strengthen safety management and safety inspections, prevent safety accidents such as poisoning, fire, tourism, transport and the collapse of buildings and ensure the safety of students.
In secondary schools, vocational skills education for students and the participation of students in social practices such as public works must be ensured. Students are prohibited by any form, name and reason to engage in work or other hazardous work that is likely to be fuelled, prone, toxic and harmful. The rental of school premises is prohibited as a place for the production, operation and storage of hazardous goods such as fuel, explosive, toxic and harmful.
When a major security accident occurred, the Government or the relevant authorities of the Government should immediately organize the investigation of the accident survey, determine the nature of the accident and determine the responsibility for the accident, in accordance with national and provincial provisions. In cases involving administrative responsibility, the accident survey team should make recommendations for accountability.
The accident investigation should be carried out within 60 days of the date of the accident, and the accident survey report was submitted by the accident survey team; in exceptional circumstances, the accident survey team may extend the time appropriate until the date of the approval of the security production supervision management at the previous level, subject to a maximum of 90 days.
The investigation reports should include views on accountability and other legal responsibilities for those responsible, in accordance with the laws, regulations and this provisions.
Following the completion of the accident survey, the Government or the relevant authorities of the Government responsible for organizing the accident investigation should submit written reports to the Government at the highest level or the security production monitoring body, in accordance with the relevant provisions of the State and the province.
The Government of the people at the last level or the security production monitoring body shall make a review within 30 days of receipt of the accident investigation report. Where necessary, the Government of the city may decide on persons responsible for major security accidents.
After the incident report has been completed, Governments and relevant authorities of the Government involved in the incident should carefully organize follow-up, and the inspection department should conduct oversight inspections of the implementation of the responsible person.
Article 13
(i) One death of 3 to 5 or a heavy injury of 10 to 29 persons, by a survey organized by the Government of the People of the District of the Procedural District, to be completed by the Government of the city. Where necessary, a survey is organized directly by the Government of the city;
(ii) One death of 6 to 9 persons or the heavy injury of 30 to 49 persons, which is investigated by the Government of the city and reported to be closed by the Government.
Any unit or person in Article 14 shall be entitled to report to the Government or the relevant government departments on the hidden and safe production of major security accidents, and to report to the Government or the relevant Government departments on the status of non-compliance with the safety oversight functions and non-compliance with the provisions.
Governments or relevant authorities that have received reports or reports should immediately organize investigations into reports or reports. In the event of an accident, the authorities, units should be urged to deal promptly and avoid accidents; in the absence of the performance of their duties, corrective action should be taken, in the event of a serious denial of redress and, in the case of a dry management authority, the respective heads and responsibilities of the responsible units should be treated separately.
The Government or the relevant Government departments should be confidential to the information of the reporting person and prohibit any unit and individual reprisals against the author.
Article 15. Major security accidents within the city's administration area, where the accident occurs in the district, the town government (where the street office) has one of the following acts, and, in the light of the circumstances, is addressed:
(i) Failure to carry out its duties under this approach, to examine, promote, reflexibly and reflexibly the major security accidents, to grant excessive, degradable and administrative disposal to the main leadership of the Government or the subordinate leadership; and to hold criminal responsibility in accordance with the law;
(ii) In organizing major public activities, security accident prevention measures are not implemented, and in the absence of a security accident response response to advance cases for major activities that may result in significant security accidents, giving weight to key government leaders or sub-heading leaders, excessive, degrading, and administrative disposition of dismissals; criminal liability in accordance with the law;
(iii) In violation of article 8, paragraph 1 (vii), of the present approach, when a major security accident occurs, conceals misstatements, false reports, delays, or deters disturbs, interferes with the administrative responsibility of those responsible for major security accidents, assigns administrative dispositions to the main Government leaders or sub-heads of the Government or to the level of downgrading or downgrading; constitutes an offence and criminal responsibility under the law.
Article 16 takes a major security accident within the city's administration, where one of the following acts is committed by the relevant sector of the district government in which the accident occurred, according to the circumstances:
(i) Failure to carry out its duties under this approach, the management of safe production is not in place, the administrative disposition of the principal leadership of the Government or the subordinate leadership or the removal of office; and the criminal responsibility of the law;
(ii) In violation of article 9, subparagraph (v), of this approach, without administrative authorization, in accordance with the conditions and procedures set forth in the laws, regulations and regulations, for security-related production matters, review or receive; review or review of units and individuals who have obtained administrative licences in violation of the law and do not prohibit or deal with them by law;
(iii) In violation of article 9, subparagraph (vi), of this approach, when a major security accident occurs, conceals misstatements, false reports, delays reports, or deters disturbs, interferes with the administrative responsibility of those responsible for major security accidents, assigns a large or lower administrative disposition to the principal leadership of the Government or the subordinate leadership; constitutes a crime and hold criminal responsibility in accordance with the law.
Article 17
Article 18 schools in the city's administration are in violation of this scheme by one of the following cases, in accordance with the school affiliation, the main leaders and sub-governing leaders of the host Government and the Government's educational administration, giving them over, overweight, downgrading to the administrative disposition of the dismissal; administrative disposition of the dismissal of the school director, administrative disposition of the person and the responsibilities of the direct organization; and criminal accountability in accordance with the law.
(i) To organize students in any form, nominal and justified manner in their labour or other hazardous work to engage hazardous items such as flammable, toxic and harmful substances;
(ii) Los of school premises as a source of production, operation, storage of hazardous items such as flammable explosions, toxic hazardous substances;
(iii) No immediate storage, removal and placement of students for C, D-Hazard houses, authorized or confirmed by the corresponding qualifications institutions;
(iv) When a student or a student organizes a collective outdoor activity, it does not provide for transportation tools and drivers, as well as arrange for the travel of a student superman.
Article 19 presents a major security accident within the city's administration, and other State staff with security management responsibilities violate the provisions of this approach, do not carry out their duties in accordance with the law or do not carry out the required procedures and duties, subject to administrative disposition in accordance with article 15 of the present approach, article 16 of which constitutes an offence and are held criminally liable by law.
Article 20 states that, in addition to the accountability of the responsible person under the law, the following provisions are addressed:
(i) The two-year breakthrough in safety production control targets or more than 50 per cent of the safety production control targets over the year, and the main leadership of the field should report to the Government at the highest level and make written reviews;
(ii) A major security accident of 6 to 9 deaths in this system, or a major security accident of 2 deaths of 3 to 5 people in one year, with the main leadership of the territorial Government and key leaders of the various sectors of the government that have administrative affiliation with the distributor;
(iii) In the Territory, where more than 10 accidents have occurred, the main leaders of the Government of the Procedural Sudan and the Government's main departments with administrative reporting lines are treated in accordance with the relevant provisions of the State, the province.
Article 21, in violation of this approach, states that there are one of the following cases in which responsibility units and responsibilities are involved in a variety of comprehensive (excellent) units or individual ratings:
(i) The Government of the town where significant security accidents occur (the street offices), industrial parks (zone) and district government departments with administrative reporting lines of the incident units;
(ii) A death of 6 to 9 persons, or a heavy injury of 30 to 49 persons, or a district government with more than 30 to 49 major security accidents in an acute occupation, the High-Level Committee, the IASC, the IASC and the Government's authorities with administrative reporting to the Unit;
(iii) Individuals who are subject to disciplinary or shall be subject to a written examination of a security accident;
(iv) The responsible units for the seizure, false reporting and delays of reporting accidents and the units responsible for the management of reporting, false reporting and delays in reporting accidents in the present jurisdictional accident units;
(v) The units with a significant excess of the annual safety production control indicators;
(vi) The annual examination of non-qualified units and individuals for the safe production of responsibilities.
After the change in the position of the responsible person, it was found that the conditions set forth in the preceding paragraph were followed up by the responsible person.
Article 22, governmental and governmental leaders and other staff members at all levels, may lodge complaints, review and review in accordance with the law.
Article 23 abuses by security accident investigators, provocative fraud, negligence and administrative disposition; constitutes an offence and is criminalized by law.
Article 24
Administrative responsibility is held in accordance with the relevant provisions of the State, the province and the city, for the prevention of security accidents other than special and major security accidents.
Article 25