Major Accidents In Guangdong Province Administrative Accountability Provisions

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

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(October 22, 2002 Guangdong Province Government 104th times Executive Conference considered through December 2, 2002 Guangdong Province Government makes 80th, announced) first article to effective to prevention major security accident of occurred, serious held major security accident of administrative responsibility, guarantees people of life, and property security, maintenance social stable, according to State on King security accident administrative responsibility held of provides, combined I province actual, developed this provides.
    Second article prefecture-level city, and County (city, and district), and Xiang (town) Government and the subdistrict offices main leaders, province, and city, and County Government about sector Chief head (or presided over work of administrative head) respectively on this area, and this sector (or duties range within) of safety negative full led responsibility; is in charge of the work of head, on its is in charge of business duties range within of safety negative led responsibility.
    Third article place levels Government main leaders or Government about sector Chief head (or presided over work of administrative head) on following major security accident of prevention, and occurred, in accordance with legal, and regulations and this provides has dereliction of, and malfeasance case or has led responsibility of, in accordance with this provides give administrative sanctions; constitute negligence crime or other crime of, law held criminal: (a) major fire accident; (ii) major traffic security accident; (three) major building quality security accident;
    (D) explosives and hazardous chemicals of major accidents (v) major accidents in coal mines and other mines; (vi) the boiler, pressure vessel, pressure pipe and special equipment of major accidents and (VII) other major accidents. Governments and Government departments concerned to serious safety accidents prevention, has a leadership responsibility in charge of heads, managers directly responsible and other persons directly responsible, these provisions shall apply mutatis mutandis to penalties constitute the crime of dereliction of duty or other, criminal responsibility shall be investigated according to law.
    Serious accident unit and individual criminal responsibility, administrative sanctions and civil liability, in accordance with the provisions of the relevant laws, rules and regulations.
    Specific criteria for fourth major accidents, in accordance with the relevant provisions of the State and the province. Fifth article place levels Government should in accordance with about legal, and regulations and regulations of provides, perform following duties: (a) each quarter held once above prevention major, and King security accident of workshop, by Government main leaders or delegate Government is in charge of leaders convened about sector Chief head (or presided over work of administrative head) participate in, analysis, and layout, and urged, and check this area prevention major, and King security accident of work.
    Meeting summary of the decision should be made and formed, set at the various preventive measures must be strictly implemented, and identify person responsible for supervising the implementation.
    (B) to establish and implement the responsibility system for production safety, clear, Department heads and related personnel at all levels of responsibility for safety production, annual safety responsible for an examination, and as a check on officials ' important content.
    (C) develop local emergency plan for major safety accidents, after leaders signed, the emergency plan, reported to the people's Governments at a higher level for the record. (Four) established major accident hidden reported, and processing, and monitoring system, urged and organization about sector on this provides third article by column various major security accident of hidden for investigation; on major security accident hidden, should ordered immediately excluded; major security accident hidden excluded Qian or excluded process in the, cannot guarantee security of, can ordered temporarily discontinued, and closed or stop using, beyond its jurisdiction range of, should up level Government report.
    Otherwise provided in laws and administrative regulations on investigating authorities, in accordance with its provisions. (E) after the occurrence of major accidents, and should promptly report higher people's Governments shall not be undeclared, report deceitfully or delay the report.
    Officials immediately rushed to the scene and gathering relevant departments organized rescue and rehabilitation efforts. Sixth article Government about sector in duties range within, should in accordance with legal, and regulations and regulations of provides, strengthening safety supervision management, prevention major security accident of occurred, and perform following duties: (a) publicity, and implement safety of policy, and regulations, on this sector (System) duties range within of safety and prevention major security accident work negative supervision management responsibility, research deployment prevention major security accident work, regularly organization check, urged, and
    Within the scope of supervision and guidance unit for safety production and prevention of major accidents.
    (B) the inclusion of work safety and prevention of major accidents in the sector agenda, to establish and implement a responsibility system for production safety, rewards system, clear leadership and concerned personnel of security responsibilities, and as important elements of assessment related leaders and staff performance.
    (C) to study and take timely measures to eliminate the serious accident risk, beyond the scope of its mandate, should be immediately reported to the competent Department of people's Governments at the same level and higher levels of Government and found safety in emergency distress can take immediate emergency measures, including the ordered to suspend production or business, and reported to the people's Government at the. (D) must be strictly in accordance with the statutory conditions and procedures, to administrative approval relating to safety matters (including ratification, approval, licensing, registration, certification and the issuance of licenses, acceptance). Not meet legal, and regulations and regulations provides of security conditions of, shall not approved; made approved of units and personal no longer has security conditions of, and not meet security conditions, fraud, cheat approved or collusion collusion administrative approval staff made approved of, should immediately revoked original approved, and on party law give administrative punishment; on not law made approved and unauthorized engaged in about activities of, should in accordance with duties permission, immediately be seized, and banned, and law give administrative punishment; belongs to business units of,
    Industrial and commercial administrative department shall revoke its business license.
    (E) after the occurrence of serious accidents shall be reported immediately in accordance with the relevant provisions of the national and provincial, not withholding the report, report deceitfully or delay the reports, and obedience to the command of the Government, dispatching, participate in or cooperate with investigations of the accident, rescue, recovery work will minimize the loss. Seventh after the occurrence of major accidents, in accordance with the relevant provisions of national and provincial, Government or Government department concerned shall immediately organize investigation team to investigate the accident. Accident investigations should be completed within 60 days of the date of the accident and the investigation report of the investigation team in case of special circumstances, upon investigation unit and reported to people's Governments at the safety regulatory authority approval, may be appropriately extended 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.
    Eighth after the accident investigation is complete, responsible for accident investigation people's Government or Government department concerned shall, in accordance with national and provincial regulations, higher people's Government or the safety regulatory authority submitted a written report, with a copy to trade, supervision, public security departments and trade unions. 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 provincial responsibilities to major accidents can be make a decision.
    Following approval of the report of the accident, accident of city and county governments, and provincial, municipal and County departments shall, in accordance with the approved content, seriously implemented, departments should be responsible for dealing with the implementation of supervision and inspection.
    Nineth any unit and individual have the right to people's Government or the relevant government departments report significant safety accidents, is entitled to report to the relevant departments of the Government of the people's Governments at the same level or lower level people's Governments or relevant Government Department does not perform security functions of supervision, perform their duties in accordance with the provisions of the conditions. Reports or reports of people's Government or Government department concerned, should be organized immediately investigates reports 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.
    People's 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.
    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. Schools violation Qian paragraph provides of, according to school of membership relationship, on about County (city, and district), and Xiang (town) Government main leaders and government education administrative sector Chief head, according to plot weight, give demerit, and remember than, and downgraded until dismissed of administrative sanctions; on principal give dismissed of administrative sanctions, on directly organizers and responsibility who give fired public of administrative sanctions; constitute negligence crime, and illegal manufacturing explosion real crime or other crime of, law held criminal.

    11th article is responsible for administrative approval of government sector or institutions violation this provides sixth article subsection (four) items, on not meet legal, and regulations and regulations provides of security conditions and be approved, on found or reported of not law made approved and unauthorized engaged in about activities of not banned or not revoked license, and not law give administrative punishment, or on made approved of units and personal not implementation strictly supervision check, or found its no longer has security conditions and not immediately revoked original approved of, should according to plot weight,
    Head of the Government Department or agency job demerit, demotion or removal from Office of any favoritism at work, increased punishment, bribery, dereliction of duty or other crimes, criminal responsibility shall be investigated according to law.
    12th the County (city, district) and township (town) people's Government in accordance with these provisions shall perform the duties are not fulfilled, or not in accordance with the responsibilities and procedures to perform, major security incidents in the region, government leaders, according to the circumstances, demerit, demotion, removal from Office any constituted dereliction of duty crimes, criminal responsibility shall be investigated according to law.
    Responsible for administrative examination and approval of government departments or agencies, relevant government departments responsible for safety supervision and management, did not perform their duties in accordance with these provisions, major security incidents, Chief of the Department or agency head, depending on the seriousness, demotion or removal from Office of the administrative sanctions constitutes a crime of dereliction of duty or other, criminal responsibility shall be investigated according to law.
    13th major security accidents, particularly severe or particularly serious nature of society, by province, prefecture-level city of the people's Government has a leadership responsibility the Mayor and the heads of relevant departments of the provincial Government Chief to administrative sanctions.
    14th article major security accident occurred Hou, place Government or Government sector violation national about provides and this provides fifth article subsection (five) items, and sixth article subsection (five) items, hide not reported, and lied about, and delay report, or block, and interference on accident about responsibility people held administrative responsibility and accident survey processing of, on the place Government main leaders or Government sector Chief head, give remember than or downgraded of administrative sanctions.
    15th supervisory organs in accordance with the People's Republic of China provisions of the law on administrative supervision, Governments at all levels and relevant government departments and their staff to perform the security functions of supervision and implementation monitoring.
                                                                      16th article of the regulations come into force on January 1, 2003.