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Major Accidents In Hubei Province Administrative Accountability Provisions

Original Language Title: 湖北省重大安全事故行政责任追究规定

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(Summit of the Government of the Northern Province of Lake Tan on 8 May 2004 to consider the adoption of the Decree No. 261 of 18 May 2004 of the Royal Government of the Great Lakes Province, which came into force on 1 July 2004)

Chapter I General
Article 1, in order to prevent the occurrence of major security accidents, seriously hold administrative responsibilities for major security accidents, guarantee the lives, property security of the people, in accordance with the People's Republic of China Security Production Act, and develop this provision in the light of the State Department's provisions on administrative responsibility for special security accidents.
Article 2, Administrative responsibility for serious security accidents and preventive measures in the administration of the province is held accountable for the application of this provision.
Major safety accidents include:
(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 coal mines and non-coal mines;
(vi) Major safety accidents in special equipment;
(vii) Other major security accidents.
Article 3. Specific criteria for major security accidents are implemented in accordance with the relevant provisions of States and provinces.
Chapter II Prevention and treatment of major security accidents
Article IV is the primary leader of the Government of all levels and the head of the Government in the relevant sectors of the Government, the first responsible for the safe production and leadership of the security production of the Territory; the head of the security production process is the direct responsibility for the management of safe production; and the other heads are responsible for the management of the security production work they are dealing with.
Article 5
(i) To follow up seriously on laws, regulations, regulations and approaches for safe production, policies, the establishment of a system for the sound production of local safety, with a focus on and strengthening the construction of safe productive management institutions;
(ii) The introduction of a safe production objective management responsibility that clearly identifies the responsibilities of leadership and associated personnel at all levels and conducts an appraisal exercise every year and serves as an important element in the evaluation of leadership performance;
(iii) To convene at least a working session on major security accidents every quarter of the year, the Conference shall take decisions and form a summary of the proceedings and identify preventive measures that must be strictly enforced;
(iv) The establishment of a notice, treatment, monitoring system for major accidents, the promotion and organization of the authorities concerned to investigate the hiddenities of the various major security accidents listed in article 2 of this provision; the identification of significant security accidents, the immediate exclusion, the exclusion of pre-emption or exclusion processes that cannot be guaranteed security, the removal of persons from hazardous areas, temporary suspension, suspension or cessation of use; and the dismissal of major security accidents, with the consent of the organizational review, the resumption of production and use by the owner.
More than 6 people in the district must develop pre-emptions to deal with major security accidents in the region, establish a system of emergency relief, and be backed by the Government's main leadership.
Article 7. The relevant authorities at all levels shall, within their responsibilities, strengthen the management of safe production monitoring, prevent the occurrence of major security accidents and perform the following duties:
(i) To promote the implementation of laws, regulations and regulations on safe production and to monitor management responsibilities for security production and major safety accidents within the purview of this sector. Periodic studies, deployment, inspection and supervision of security production in this sector to prevent accidents in major security production;
(ii) Integrate the production of security and the prevention of major security accidents into the important agendas of this sector, establish and implement a safe production objective management system, implement the safe production responsibilities and awards system, clarify the safety responsibilities of leadership and relevant institutions at all levels, and serve as an important element of leadership and performance at all levels;
(iii) Measures taken in a timely manner to monitor or eliminate the concealment of major security accidents. In addition to its jurisdiction or scope, immediate reports should be made to the superior people's Government or the relevant branches of government with jurisdiction or responsibility; emergency measures such as evacuation of personnel from hazardous regions, the suspension of property should be taken immediately, in the event of emergencies, and reporting to the Government or the relevant branches of the Government;
(iv) Organizing the implementation of the security production goals set by the current Government and the superior sector, organizing and conducting safe production inspections, enforcing safety and production requirements by the promotion units and individuals, and providing security productive managers, improving the safety production regulations and improving safety conditions.
Article 8. Government departments or institutions involved in the application of administrative licences in matters of security production must be reviewed in strict accordance with the security conditions and procedures set forth in the laws, regulations and regulations, without a licence decision, in conformity with the security conditions established by law, regulations and regulations. In accordance with the principle of who licensor, who oversees, the licensor must exercise strict supervision of the units and individuals granted under the law; it is found that it does not have a security production condition and must immediately withdraw the licence.
In the absence of a licence under the law, the authorities or institutions responsible for administrative licences have found or received reports, which should be immediately sealed, banned and punished by law.
Article 9. Governments and government education administrations at all levels need to strengthen the safety management of small schools, to introduce a rejection of the school safety work chiefs responsible for the control and security management of a vote, to ensure the safety of students through frequent inspection and elimination of school premises, teaching facilities, safety of living facilities, strict supervision of the management of work skills education in small schools and the organization of the participation of students in public works, to prevent accidents such as food poisoning, fire, school collapse, travel injuries and safety.
Students are prohibited in any form or on behalf of the organization of work or other hazardous work that engages hazardous items such as flammable, prone, toxic and harmful. The rental of school premises is prohibited as the production, operation of hazardous items such as fuel, waste, toxic and harmful.
When a major security accident occurred, the Government of the people and the relevant Government departments of the accident should quickly organize relief and minimize the loss of the accident. At the same time, in accordance with the procedures and time frames established by the State, reports of non-reporting, false or delays must not be concealed, and cooperate actively and assist accident investigations without in any way impeding, interfering with accident surveys.
Article 11. When a major security accident occurs, the investigation team investigates the accident in accordance with the relevant provisions of the State and the province. The accident investigation should be completed within 45 days of the accident and reported by the accident survey team; in exceptional circumstances, the investigation team may extend the time appropriate until the date of approval by the Integrated Monitoring Administration of Safety and Production in the Province, without exceeding 60 days. The investigation reports should include incident deaths and injuries, causes, nature, preventive measures and recommendations for the treatment of persons responsible. National legislation, legislation and regulations apply the provisions of the accident investigation.
When a major security accident occurred, the sectors of the population of the affected area with the responsibility for the integrated monitoring of the production of safely owned oversight should, in accordance with the terms of reference, make recommendations for the accountability of the Government at the lower level and the relevant departments and personnel, in accordance with this provision.
The Integrated Monitoring of Security Production in the Province was commissioned by the provincial people's Government to review the investigation reports of major security accidents and to accompany the provincial administrative inspection bodies. The review shall be carried out within 30 days of the date of the report of the accident investigation, if criminal responsibility for the responsible person is to be held in accordance with the judicial process, and, where necessary, the Government of the province may directly decide on the administrative disposition of the responsible person responsible for major security accidents.
After the review of the major safety accident investigation report, the local Government or the relevant Government departments involved in the incident must be carefully organized in accordance with the review; the supervisory examination of the implementation of the responsible personnel should be carried out at the top or at the same level.
Major security accidents have been closed within 90 days of the date of the occurrence of the incident, with the consent of the Government of the province to be extended as appropriate, without more than 150 days, in the context of the comprehensive supervision of the provincial security production.
Any unit or individual in Article 14 shall be entitled to report to the local people's Government or to the relevant authorities of the Government on the concealment of major security accidents and to report to the Government or the relevant Government departments of the population on the ground that they do not fulfil their security oversight functions or do not carry out their duties as prescribed. The Government of the people who have received reports or reports, or the relevant Government departments, must immediately organize the identification of the accident or conduct investigations into non-performance, non-performance of the security oversight functions.
In accordance with the relevant provisions, the executive inspectorate at all levels carries out monitoring of the performance of the security oversight responsibilities by the Government and the relevant branches of government and their staff at all levels of the jurisdiction.
Chapter III Administrative responsibility
Article 16, the main leaders of the people at all levels and the relevant authorities of the Government, are responsible for the prevention, occurrence, absence, malfeasing or leading responsibility of major security accidents, in accordance with this provision, and for the criminal prosecution of criminal responsibility by law.
The Government and the relevant authorities at all levels are responsible for the prevention of major security accidents, the direct responsible strength and other direct responsibilities, and are subject to administrative disposition, mutatis mutandis, in accordance with the provisions of this article; and are criminally criminalized by 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 17 presents a major security accident in the present administration, which is not carried out by the Government of the local people in accordance with this provision, or is not carried out in accordance with the established responsibilities and procedures, one of the following acts and, in the light of the circumstances, the administrative disposition of the main Government leaders, excessive, degradable until the removal of their functions; and the criminal responsibility of the law:
(i) Not to carry out their duties under the provisions of the rules of procedure, to examine, promote and reflexibate major security accidents;
(ii) In organizing major public activities, there is no plans to prevent major security accidents in places that may result in major security accidents;
(iii) The absence of a major security accident emergency relief advance, the absence of an emergency response system, or the absence of effective measures on-site accident support after major security accidents, resulting in an increase in accidents, causing significant losses to national property and people's life assets;
(iv) In the event of a major security accident, reports or seizures are not reported in a timely manner, in accordance with the procedures and time established by the State;
(v) The investigation of major security accidents, the provision of false information, or the creation of obstacles, interference with accident investigations;
(vi) Resistance and interference in accountability for major security accidents.
Article 18 takes a major security accident in the present administrative region, where the affected authorities of more than the population in the area of the accident have been involved, or where there is an administrative licence in matters involving safe production, and, in the light of the gravity of the case, the principal heads of the government department or the institution carrying out administrative licences and the persons responsible for direct responsibility have been given custody, excessive negligence, degradation until the administrative disposition of the dismissal; constitutes an offence, criminal liability under the law:
(i) Exclusive measures to ensure that the major safety accidents identified, at the level or at the lower level are not tolerated;
(ii) Execution of administrative licences in matters involving security production in accordance with the security conditions and procedures established by law, regulations and regulations;
(iii) units and individuals who have not been identified or reported by law to obtain administrative permission or to carry out their own activities through inspection are not prohibited by law;
(iv) With respect to units and individuals granted administrative permission under the law to perform oversight functions, it is found that they no longer have security conditions for production without the removal of the original licence or find that the security production of the offence is not investigated;
(v) Inadequate investigations into major security accidents, providing false or obstacles, disrupting accident investigations;
(vi) Resistance and interference in accountability for major security accidents.
Article 19, in violation of article 9, paragraph 1, provides that in accordance with the affiliation of schools, the main heads of the Government of the communes (communes, areas), the communes (communes, districts) and the executive heads of the Government of the People's Government shall be held accountable under the law.
In violation of article 9, paragraph 2, the sub-prime schools have granted administrative dispositions of dismissals to the principals, administrative dismissal of the direct organizer, and criminal responsibility is lawful.
Chapter IV
Article 20