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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(May 17, 2002 Standing Committee of the Sichuan provincial people's Government, the 78th through 98th – 1th of June 4, 2002, Sichuan provincial publishing), Sichuan provincial people's Government for decision on measures for the investigation and handling of accidents of enterprise staff in Sichuan province as follows: first, the article "the labor Administrative Department" is revised as follows: work safety supervision and management departments, "competent authorities" is revised as follows: departments in charge of industry.
    Second, the article is revised as follows: within the administrative area of Sichuan province, enterprises and other economic organizations (hereinafter referred to as the employer) and workers (including personnel and the formation of the employer labor relations of fact) casualty reports, investigations and handling procedures, these procedures apply.
    One paragraph is added as the second article: investigation of coal mine accidents that occurred, according to the provisions of relevant laws and regulations of the State.
    Three, and fourth article modified for: Sichuan province enterprise workers casualties accident is divided into: (a) sustained minor injuries accident; (ii) General casualties accident, is refers to 1 times death 2 people following of accident, or 1 times injured 9 people following of accident; (three) major casualties accident, is refers to 1 times death 3 – 9 people of accident, or 1 times injured 10 people above of accident; (four) King casualties accident, is refers to 1 times death 10 people above, and national provides of special major accident standard following of accident. Four, seventh revised as follows: head of unit receiving casualties other than minor injury accident reports, should be reported immediately by production safety supervision and management departments, public security organs, trade unions, industry authorities and general situation in the written report of the incident within 24 hours (including the specific time and place of the accident, categories, briefly after, casualties, the extent of the loss, preliminary analysis).
    Production safety supervision and management departments to notify other relevant departments according to the situation. Five-eighth, is revised as follows: work safety supervision and management departments and trade authorities after receiving the accident report, escalation should immediately press system.
    Among them, General casualty report to the provincial production safety supervision and management departments and departments in charge of industry, serious and extremely serious injuries in addition to the local government report, also should be required to report to the provincial people's Government and the State production safety supervision and Administration Department and other relevant departments in charge of industry.
    Six, tenth revised as follows: people's Governments at all levels and the departments concerned after receiving the accident report, country by country, and relevant regulations of the people's Government of the province immediately sent to the scene and organized rescue, rescue.
    Seven, 11th is revised as follows: minor injury accident, investigation, treatment by the employer in accordance with the relevant provisions. Eight, 12th is revised as follows: General accident and major accident occurred, by jurisdiction of production safety supervision and management departments of the public security organs, monitoring body, composed of trade unions, departments in charge of industry injury investigation team to investigate the accident.
    One major accident, deemed necessary by the provincial production safety supervision and management departments, and investigated by the organization. Nine, and 13th article modified for: occurred King casualties accident, by following provides composition casualties accident survey group for survey: (a) city, and State and following belongs units, by city, and State Government composition casualties accident survey group for survey, or by city, and State safety supervision management sector, and police organ, and monitored organ, and unions, and industry competent sector, composition casualties accident survey group for survey; (ii) province and the province above belongs units, by provincial safety supervision management sector, and police organ, and monitored organ, and unions, and
    Industry Department departments such as accident investigation teams investigate, (iii) Provincial Government deems it necessary to direct investigation of casualty accidents, investigated by the accident investigation team of provincial people's Government, or designated by the provincial-level work safety supervision and management departments, public security organs, monitoring bodies, trade unions, composed of departments in charge of industry injury investigation team to investigate the accident.
    Ten, by deleting article 14th.
    Third, 16th to 15th, is revised as follows: the accident investigation teams as provided herein, may invite the participation of other relevant departments and experts concerned.
    Article 12, 18th to 17th, the first paragraph of the article (c), (d) is revised as follows: (c) proposed for accident-related responsibilities or responsible disposal and make recommendations for preventive measures and (iv) to send investigation teams of the people's Government or the signature of the members of the investigation team from production safety supervision and management departments casualty report.
    13, 22nd to 21st, in the article "arrange the accidents investigation" is revised as follows: arrange the minor injury accident investigation. 14, and 23rd article to 22nd article, the article first paragraph modified for: on casualties accident survey group proposed of accident survey report book, by following provides reply: (a) General casualties accident survey report book, reported has jurisdiction right of safety supervision management sector reply, reported superior safety supervision management sector record; (ii) major casualties accident survey report book, reported has jurisdiction right of safety supervision management sector reply, reported province safety supervision management sector record; (three) King casualties accident survey report book,
    Submitted to the provincial people's Government or its authorized the provincial production safety supervision and management departments approved.
    XV, and increased a article, as 25th article: violation this provides, in casualties accident occurred Hou hide not reported, and lied about, and deliberately delay not reported, and deliberately damage accident site, or no due reason, refused to accept survey and refused to provides about situation and information of, by about sector according to national about provides, on units head and directly responsibility personnel give administrative sanctions; constitute crime of, by judicial organ law held criminal.
    16, 27th revised as follows: the employer for violation of labor safety laws, regulations, rules of no deaths but caused significant economic losses of accident reporting, investigation, and treatment programs, according to the relevant provisions of national and provincial, in accordance with the measures implemented.
    In addition, the individual words in the provision was amended accordingly.
    Purposes from the date of publication of this decision.

    Measures for the investigation and handling of accidents of enterprise staff in Sichuan province under the terms of this decision be amended accordingly and the order adjusted accordingly and publish it again. Attached: Sichuan province enterprise workers casualties accident survey processing approach (2002 amendment this) (December 29, 1997 Sichuan Province Government 84th times Executive Conference through January 4, 1998 Province Government makes 98th, released according to May 17, 2002 Sichuan Province Government 78th times Executive Conference on modified straddling Sichuan province enterprise workers casualties accident survey processing approach of decided (Province Government makes 98th – 1th,) Amendment) first chapter General first article to timely report, and
    Investigation and handling fatal accidents of workers and enterprises, according to the People's Republic of China labor law, the fatal accidents of workers reporting for enterprises under the State Council, and handling regulations and the Sichuan provincial work safety regulations, provisions of relevant laws and regulations, combined with practical, Sichuan, these measures are formulated.
    Second, Sichuan province, enterprises and other economic organizations in the administrative area (hereinafter referred to as the employer) and workers (including personnel and the formation of the employer labor relations of fact) casualty reports, investigations and handling procedures, these procedures apply.
    Investigation of coal mine accidents that occurred, according to the provisions of relevant laws and regulations of the State.
    Special accident reporting, investigation and handler of the special interim provisions on major accident investigation program of the State Council.
    Accident reporting, investigation and treatment, otherwise provided by laws and regulations, from its provisions.
    The third casualty in these measures refers to trade unions in the labour process occurs in personal injury, acute poisoning, fatal accidents, also refers to the employer's production or causing bodily injury to others in the work accidents, acute poisoning, death.
    Fourth article Sichuan province enterprise workers casualties accident is divided into: (a) sustained minor injuries accident; (ii) General casualties accident, is refers to 1 times death 2 people following of accident, or 1 times injured 9 people following of accident; (three) major casualties accident, is refers to 1 times death 3 – 9 people of accident, or 1 times injured 10 people above of accident; (four) King casualties accident, is refers to 1 times death 10 people above, and national provides of special major accident standard following of accident.
    Article fifth investigation and handling of accidents, should adhere to the principle of seeking truth from facts, respect science, facts are clear, accurate, accountable and dealt with according to law.
    Chapter two accident reports, rescue, rescue sixth casualty of the employer, the person concerned shall report immediately to the head of unit. Seventh head of the employer received except minor injuries after the accident outside the casualty reports, should be reported immediately by production safety supervision and management departments, public security organs, trade unions, industry authorities and general situation in the written report of the incident within 24 hours (including the specific time and place of the accident, categories, briefly after, casualties, the extent of the loss, preliminary analysis).
    Production safety supervision and management departments to notify other relevant departments according to the situation. Eighth production safety supervision and management departments and trade authorities after receiving the accident report, escalation should immediately press system.
    Among them, General casualty report to the provincial production safety supervision and management departments and departments in charge of industry, serious and extremely serious injuries in addition to the local government report, also should be required to report to the provincial people's Government and the State production safety supervision and Administration Department and other relevant departments in charge of industry.
    Nineth employer when the accident occurred, should take immediate emergency measures to protect the site to organize rescue, rescue.
    Employers moving due to the rescue, the rescue scene, set the flag should be taken, drawing, photography, video and other protective measures.
    Tenth after the accident reported to the people's Governments and relevant departments at all levels, by country, and relevant regulations of the people's Government of the province immediately sent to the scene and organized rescue, rescue. 11th chapter accident investigation injury accident investigation, treatment by the employer in accordance with the relevant provisions.

    12th General injuries and major accident occurred, by jurisdiction of production safety supervision and management departments of the public security organs, monitoring body, composed of trade unions, departments in charge of industry injury investigation team to investigate the accident.
    One major accident, deemed necessary by the provincial production safety supervision and management departments, and investigated by the organization. 13th article occurred King casualties accident, by following provides composition casualties accident survey group for survey: (a) city, and State and following belongs units, by city, and State Government composition casualties accident survey group for survey, or by city, and State safety supervision management sector, and police organ, and monitored organ, and unions, and industry competent sector, composition casualties accident survey group for survey; (ii) province and the province above belongs units, by provincial safety supervision management sector, and police organ, and monitored organ, and unions, and
    Industry Department departments such as accident investigation teams investigate, (iii) Provincial Government deems it necessary to direct investigation of casualty accidents, investigated by the accident investigation team of provincial people's Government, or designated by the provincial-level work safety supervision and management departments, public security organs, monitoring bodies, trade unions, composed of departments in charge of industry injury investigation team to investigate the accident.
    Article 14th acute poisoning group health Administrative Department staff.
    15th article of the regulation's casualty investigation unit may invite the participation of other relevant departments and experts concerned.
    16th accident investigation team members should meet the following conditions: (a) accident investigation required a certain expertise on the one hand, (ii) and casualties incurred no direct stake.
    17th article casualties accident survey group of duties: (a) identified casualties accident occurred of reasons, and process and personnel casualties, and economic loss situation; (ii) determine casualties accident of nature and responsibility who; (three) proposed on casualties accident about responsibility units or responsibility who of processing views and proposed prevention measures of recommends; (four) to sent survey group of Government or safety supervision management sector submitted survey group members signature of casualties accident survey report book. Accident investigation report includes company name, address, affiliations, accidents dates, categories, casualties and economic loss, accident history, reason, liability, treatment recommendations, corrective and preventive measures.
    If necessary, there should be casualties data.
    18th General Casualty accident within 30th of casualty accident investigation report serious and extremely serious accidents should be presented within 90 days accident investigation report.
    Article 19th accident investigation team shall be entitled to relevant units and individuals to understand the situation and to obtain the information, and no unit or individual may refuse or obstruct or interfere.
    20th accident investigation teams and their members should be based on the facts, in accordance with the relevant provisions of the State scientific and accurate determination of the nature of the accident, and realistically that the responsibilities of the parties concerned. Accident responsibilities can be divided into direct responsibility, responsibility and leadership.
    The former categories of responsibilities can be divided into primary responsibility, important liability and general liability.
    21st article except in accordance with this approach provides by enterprise itself Organization sustained minor injuries accident survey of outside, casualties accident survey group members on casualties accident reasons, and responsibility divided, and responsibility who processing recommends cannot made consistent views of, by safety supervision management sector proposed conclusion sex views; on safety supervision management sector proposed of conclusion sex views not in favour of of, should reported to the superior safety supervision management sector business about sector processing; as still cannot reached consistent sex views of, reported sibling Government ruling. Fourth chapter accident reply and processing 22nd article on casualties accident survey group proposed of accident survey report book, by following provides reply: (a) General casualties accident survey report book, reported has jurisdiction right of safety supervision management sector reply, reported superior safety supervision management sector record; (ii) major casualties accident survey report book, reported has jurisdiction right of safety supervision management sector reply, reported province safety supervision management sector record; (three) King casualties accident survey report book,
    Submitted to the provincial people's Government or its authorized the provincial production safety supervision and management departments approved. General casualty, approval should be received within 30th of the accident investigation report approved.
    Serious and extremely serious accidents, casualty investigation reported to the approval authorities shall reply within 30th of, special circumstances may be postponed, but not more than 60 days. Article 23rd approval authority only to the accident investigation unit found the accident investigation report.
    Accident investigation report on responsible units, responsible for administrative sanctions, administrative sanctions and criminal proposals by the authorities or competent authority according to law.
    Casualty results should be made public.
    Article 24th casualty investigation unit of the corrective and preventive measures recommended, by the employer is responsible for the implementation of the casualty.
    25th article violates this provision, in undeclared after accidents, false, deliberately delay not, vandalism, the scene of the accident, or without good reason, refused to accept the investigation and declined to provide information on the situation and by the relevant departments in accordance with the relevant provisions of the State, concerned government officials and directly responsible shall be given administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    The fifth chapter supplementary articles article 26th casualty of the national authorities, institutions and people's organizations, in accordance with the measures implemented.
    27th the employer for violation of labor safety laws, regulations, rules of no deaths but caused significant economic losses of accident reporting, investigation, and treatment programs, according to the relevant provisions of national and provincial, in accordance with the measures implemented.
                                      28th article this way as of the date of promulgation.

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