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Sichuan Province, Sichuan Provincial People's Government On The Amendment Of The Decision Of The Measures For The Investigation And Handling Of Accidents Of Enterprise Staff

Original Language Title: 四川省人民政府关于修改《四川省企业职工伤亡事故调查处理办法》的决定

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(Act No. 98-1 of 4 June 2002)

The Government of the people of the Sichuan Province decided to amend the treatment of accidents involving employees and injuries in the Sichuan Province as follows:
In each article, “the labour administration” has been amended to read as follows: the management of safe production supervision and the change of “the competent authority” to: industry authorities.
Article 2, paragraph 1, was amended to apply this approach to reports, surveys and processing of accidents by enterprises and other economic organizations in the administrative region of the Sichuan Province (hereinafter referred to as “persons” (including those who have a factual labour relationship with the user unit).
In addition, as article 2, paragraph 2, the investigation of accidents involving injuries and injuries in coal mines is carried out in accordance with the relevant national legislation, regulations and regulations.
Article IV amends as follows:
(i) A minor injury accident;
(ii) General casualty accidents, which refer to an accident of up to two deaths, or a serious injury of 9 persons;
(iii) A major casualty incident means an incident of 3-9 deaths, or a serious injury of more than 10 persons;
(iv) Specialized casualty accidents, which refer to more than 10 deaths and to accidents under special major accident standards established by the State.
Article 7 amends as follows that the head of a person's unit receives a report on a accident other than a minor injury, shall immediately report on a safety-production surveillance management, public security authorities, trade unions, industry authorities, and, within 24 hours, a written incident profile (specific time, place, type, brief, casualty, loss, quantity, causes analysis). The management of safe production supervision informed the other relevant sectors on the basis of the circumstances.
Paragraphs Page Of these, general casualty reports to provincial security production monitoring authorities and industry authorities, major, casualty accidents, in addition to reporting to the current people's Government, should also be reported to the provincial people's Government and the State Department's security production monitoring management, relevant industry authorities.
Article 10 amends as follows: After reports of death and injury to all levels of the people's Government and the authorities concerned, persons should be temporarily sent to the site and to organize power-bush and rescue, in accordance with the relevant provisions of the national and provincial governments.
Article 11 amends as follows:
Article 12 amends: occurrence of general casualty accidents and major casualty accidents, with jurisdictional safety and production oversight authorities conducting investigations with the same public security bodies, inspection bodies, trade unions, industry authorities, etc. Among these major casualties, the provincial security production monitoring authorities are of the opinion necessary to organize investigations.
Article 13 amends as follows:
(i) The city, the state and its associated units are investigated by a team of accidents involving death and injury by the municipality, the Government of the State, or by a team of accidents such as the municipality, the State's Safety Production Monitoring Administration, the Public Security Agency, the inspection body, trade unions, industry authorities, etc.;
(ii) The provincial and above-mentioned units are investigated by the Provincial Security Production Monitoring Administration, the Public Security Agency, the Monitoring Body, the Trade Union, industry authorities, etc.;
(iii) In the opinion of the Government of the Provincial People, the special high number of casualties requiring direct investigation is investigated by the Provincial People's Government, which consists of a casualty survey team, or by a security production monitoring authority designated by the Government of the province, a public safety authority, inspection bodies, trade unions, industry authorities, etc.
Delete article 14.
Article 16 was replaced with article 15 by amending the accidental accident survey set out in this approach, which could invite persons and interested experts from other relevant sectors to participate.
Paragraphs (c) and (iv) of article 1, paragraph 1, read as follows:
(iii) Provide advice on the treatment of responsible units or persons responsible for accidents and make recommendations for preventive measures;
(iv) To submit a report on the incident survey of casualties signed by members of the Investigation Team to the Government of the people or the management of the safe production oversight.
Articles 13 and 22 were replaced with Article 21, which amends the “every organization of a casualty survey” to: self-organization of a minor accident survey.
Article XIV, article 23, to article 22, paragraph 1, amends the report of the accident survey submitted by the injury and injury survey group, which reads as follows:
(i) A report on a general accidental accident survey, which reports a review by the competent security production monitoring management, and reports on top-level safety production monitoring management clearance;
(ii) A report on major casualty surveys, a review by the competent security production monitoring management, and a presentation to the provincial security production monitoring management case;
(iii) The report on the investigation of major casualties, which is reported to be reviewed by the provincial Government or its mandated provincial security production monitoring authorities.
Article 25: In violation of the present provision, the concealment of reports, false reports, intentional delays, wilful destruction of accidents or, without justification, denial of investigation and refusal to provide information and information, is governed by the relevant authorities, in accordance with the relevant provisions of the State concerned, by the administrative disposition of the heads of the units and those responsible for direct responsibility; the criminal responsibility of the judiciary.
Articles XVI, 27 were amended to include reports, surveys and treatment procedures for accidents that had occurred in violation of labour safety laws, regulations, regulations and regulations but had caused significant economic losses, taking into account the relevant provisions of the State and the province.
In addition, the individual language in the provisions was amended accordingly.
This decision is implemented from the date of publication.
The Sichuan Province's enterprise worker accident survey treatment approach was replicated in accordance with this decision and adjusted accordingly.

Annex: Treatment of enterprise casualty surveys in Sichuan Province (Amendments of 2002)
(Adopted by the 84th ordinary meeting of the Government of the Sichuan Province on 29 December 1997 No. 98 of 4 January 1998 by the People's Government Order No. 98 of 4 January 1998 on the basis of the decision of the 78th Standing Committee of the Government of the Sichuan Province on 17 May 2002 to revise the treatment of enterprise casualty investigations in the Sichuan Province [Amendment No. 98-1]
Chapter I General
In order to report, investigate and deal with accidents of corporate workers in a timely manner, this approach is based on the provisions of relevant laws, regulations, such as the People's Republic of China Labour Code, the State Department of State's Industrial Workers accident report and the Labour Safety Regulations of the Sichuan Province.
The reporting, investigation and processing procedures for accidents in enterprises and other types of economic organizations (hereinafter referred to as agents) within the administrative region of Article 4 Sichuan Province (including persons who have formed a de facto labour relationship with the user unit) apply to this approach.
A survey of the injury and injury accidents occurring in coal mines is carried out in accordance with the relevant national legislation, regulations and regulations.
The reporting, investigation and processing process of a particular major accident implements the State Department's provisional provisions for the special major accident investigation process.
The report, investigation and treatment of accidents, as well as the laws, regulations and regulations, are provided by them.
Article 3 of this approach refers to physical injury, acute poisonation, death accidents, or personal injury to others caused by a person's unit in production or work, acute poisoning, death accidents.
Article IV.
(i) A minor injury accident;
(ii) General casualty accidents, which refer to an accident of up to two deaths, or a serious injury of 9 persons;
(iii) A major casualty incident means an incident of 3-9 deaths, or a serious injury of more than 10 persons;
(iv) Specialized casualty accidents, which refer to more than 10 deaths and to accidents under special major accident standards established by the State.
Article 5 investigates the handling of casualty accidents and should uphold the principles of integrity, respect for science, which are clear, qualitative, responsible and legally addressed.
Chapter II Report on accidents, robbery, rescue
Article 6.
Article 7. The head of the unit of the person shall immediately report on the safety and productive management, the public safety authority, trade unions, industry authorities and, within 24 hours, a written report on the incident (specific time, location, category, brief, casualty, injury, loss, preliminary cause analysis). The management of safe production supervision informed the other relevant sectors on the basis of the circumstances.
Article 8. The safety and productive management and industry authorities shall be reported immediately on a system-by-step basis upon receipt of accident reports. Of these, general casualty reports to provincial security production monitoring authorities and industry authorities, major, casualty accidents, in addition to reporting to the current people's Government, should also be reported to the provincial people's Government and the State Department's security production monitoring management, relevant industry authorities.
Article 9. When a casualty accident occurs by a person's unit, urgent measures should be taken to protect the ground and to organize theft and rescue.
The protection measures, such as markings, ground maps, photographs, cameras, etc., should be taken when the user unit is required to move on the ground for theft and rescue.
Article 10. Governments and the relevant sectors should immediately be sent to the site and organize the power to be seized and rescued, in accordance with the relevant provisions of the State and the provincial Government.
Chapter III
Article 11. The occurrence of minor injury accidents is investigated and processed by a user unit in accordance with the relevant provisions.
Article 12 conducts general casualty accidents and major casualty accidents, and is investigated by a competent security production monitoring authority with the same public safety authority, inspection bodies, trade unions, industry authorities. Among these major casualties, the provincial security production monitoring authorities are of the opinion necessary to organize investigations.
Article 13, Including a casualty accident, investigates the following provisions:
(i) The city, the state and its associated units are investigated by a team of accidents involving death and injury by the municipality, the Government of the State, or by a team of accidents such as the municipality, the State's Safety Production Monitoring Administration, the Public Security Agency, the inspection body, trade unions, industry authorities, etc.;
(ii) The provincial and above-mentioned units are investigated by the Provincial Security Production Monitoring Administration, the Public Security Agency, the Monitoring Body, the Trade Union, industry authorities, etc.;
(iii) In the opinion of the Government of the Provincial People, the special high number of casualties requiring direct investigation is investigated by the Provincial People's Government, which consists of a casualty survey team, or by a security production monitoring authority designated by the Government of the province, a public safety authority, inspection bodies, trade unions, industry authorities, etc.
Article 14. The acute poisoning accident survey team shall be attended by health administrators.
Article 15. The injury and injury accident survey set out in this approach may involve persons and interested experts from other relevant sectors.
Article 16 Members of the injury and injury survey team shall meet the following conditions:
(i) A specific aspect of the expertise required to investigate accidents;
(ii) There is no direct stake with the casualty accident.
Article 17
(i) Identification of the causes, processes and casualties and economic losses of casualties;
(ii) Identification of the nature and the responsible person of the accident;
(iii) Provide advice on the treatment of responsible units or persons responsible for accidents and make recommendations for preventive measures;
(iv) To submit a report on the incident survey of casualties signed by members of the Investigation Team to the Government of the people or the management of the safe production oversight.
The main elements of the accident accident investigation report include the name, address, subordinate relationship, date, type of casualty, casualty and direct economic loss, accident, cause, responsibility, recommendations, corrections and preventive measures. Where necessary, there shall be identification of casualties.
Article 18 General casualty accidents shall be submitted within 30 days of the date of the accident of injury or injury; a report on the investigation of casualties shall be submitted within 90 days.
The injury and injury accident survey team has the right to be informed by the relevant units and individuals about the circumstances and requests for information, and no units and individuals may refuse, impede and interfere.
Article 20 Fact-finding teams and their members shall, on the basis of the facts, determine the nature of the accident in accordance with the relevant provisions of the State and, in practice, determine the responsibility of the parties concerned.
The responsibility for accidents can be divided into direct responsibilities, management responsibilities and leadership. The above-mentioned categories of responsibility could be divided into key responsibilities, important responsibilities and general responsibilities.
Article 21, in addition to the enterprise's own organization of minor accident surveys under this scheme, the members of the accident survey team are not able to agree on the causes of accidents, the division of responsibility, the responsibility of the responsible person to deal with the recommendations, the concluding observations of the security productive management, the non-recognition of the concluding observations made by the security productive management, should be reported to the relevant departments of the supervisory of the high-level safe production, and, if not agreed, the decision of the Government of the same population should be reported.
Chapter IV
Article 22 reports on accidents submitted by the injury and injury survey team are reviewed in accordance with the following provisions:
(i) A report on a general accidental accident survey, which reports a review by the competent security production monitoring management, and reports on top-level safety production monitoring management clearance;
(ii) A report on major casualty surveys, a review by the competent security production monitoring management, and a presentation to the provincial security production monitoring management case;
(iii) The report on the investigation of major casualties, which is reported to be reviewed by the provincial Government or its mandated provincial security production monitoring authorities.
General casualties shall be recovered within 30 days of the date of receipt of the report on the investigation of accidents. A major, extraordinary casualty and casualty incident shall be discontinued within 30 days of the receipt of the report of the incident of death and injury, with exceptional circumstances not exceeding 60 days.
Article 23 quantify the report of the accidental accident investigation report submitted by the accident team only. The recommendations on liability units, administrative penalties for persons responsible, administrative disposition and criminal accountability in the accident investigation report are dealt with by law by the relevant units or competent authorities.
The results of the handling of accidents should be made public.
Article 24 recommended the rehabilitation and preventive measures proposed by the injury and injury accident survey team to be carried out by the user unit responsible for the accident.
Article 25, in violation of the present provision, conceals undeclared, false reports, intentional delays, wilful destruction of accident sites or, without justification, rejects the investigation and refuses to provide information and information, and is subject to administrative disposition by the relevant authorities, in accordance with the relevant provisions of the State; constitutes an offence punishable by the judiciary.
Chapter V
Article 26 State organs, utilities and people's groups have experienced casualty accidents, taking into account this approach.
In accordance with the relevant provisions of the State and the province, the report, investigation and treatment procedures for accidents, which have occurred in violation of labour safety laws, regulations, regulations and regulations have resulted in significant economic losses.
The twenty-eighth approach is implemented since the date of publication.