Large Safety Accidents, Shantou City Administrative Accountability Approach

Original Language Title: 汕头市较大安全事故行政责任追究办法

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Large safety accidents, Shantou city administrative accountability approach (August 8, 2008 Government of Shantou 30th General Meeting announced on September 11, 2008 Government of Shantou, the 108th since as of November 1, 2008) article in order to prevent the occurrence of safety accidents, pursue the administrative responsibility of larger security incidents, protecting people's life and property safety and maintain social stability under the People's Republic of China Law on production safety, the People's Republic of China on administrative supervision law, Department of State of the

    Production safety accident reporting, investigation and handling regulations and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city large safety accidents and safety precautions on the administrative responsibility of the misfeasance, malfeasance, and these measures shall apply.

    Article of big safety accidents in these measures refers to three people more than ten people killed, ten or more or less than 50 serious injuries (including acute industrial poisoning), or more than 50 million yuan of direct economic losses of 10 million Yuan.

    Referred to in the preceding paragraph "above" include the number, called "the following" not including the number itself.

    Fourth municipal, district (County), monitor the authorities in accordance with the administrative provisions of laws and regulations, administrative organs and their staff carrying out safety supervision and management of monitor.

    Municipal, district (County) of production safety supervision and management departments to conduct comprehensive supervision and management of production safety within their respective administrative areas to assist the administrative responsibility of supervisory organs greater security accident.

    Fifth administrative accountability of the larger security incidents include:

    (A) of the respective District (County) Government, the town (Street) (hereinafter referred to as Government at all levels), Shantou development zone management Committee (hereinafter referred to as the high-tech zone management Committee), the special economic zone of Shantou free trade zone Administrative Committee (hereinafter referred to as free trade zone Administrative Committee) leadership;

    (B) municipal, district (County) Government departments, the exercise of the administrative functions of the Agency, the Organization of the management of public affairs, and appointed by the organs of State administration and recruitment of other units (hereinafter referred to as departments) leadership;

    (Iii) other national staff with responsibility for security management.

    The sixth safety supervision and management, the implementation of "territorial management" and "who is licensed, who is responsible for", "who's in charge and who is responsible for" principle. Governments at all levels and relevant government departments of the main leaders or preside over a comprehensive administrative leader is the responsibility for safety of others, this system, this sector of this region, (or within) the overall leadership responsibility for safety.

    At all levels of Government and the leaders of various government departments in charge of the operation, is in charge of the operations within the scope of safety directly responsible, in charge of the business involved direct leadership responsibility for safety.

    Article at all levels of Government and all sectors of government leaders and conducted the comprehensive administrative leaders following the larger accident prevention, in accordance with provisions of laws and regulations and these rules, misfeasance, malfeasance, or has a leadership responsibility, in accordance with this regulation, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) the great fire;

    (B) greater traffic accidents;

    (C) greater construction quality and safety accident;

    (D) explosives and hazardous chemicals of the larger security incidents;

    (E) the large safety accidents in mines;

    (F) special equipment the larger security incidents;

    (VII) other major accidents.

    Governments and Government departments at all levels for greater security guard, has the lead responsibility in charge charge directly responsible and other persons directly responsible shall, mutatis mutandis, this approach to administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    Great interview and personal safety accident criminal penalties and administrative sanctions and civil liability, in accordance with the provisions of the relevant laws, rules and regulations.

    Eighth Governments at all levels shall, in accordance with the relevant provisions of the laws, rules and regulations, carry out the following functions: (A) implementation of work safety laws, rules, regulations, guidelines and policies, establish and improve the leadership system of safety production, perfect production safety supervision and administration, law enforcement agencies.

    Government leaders or authorize the leader of the Government in charge of each quarter at least host a workshop of preventing safety accidents, the Government leader or leader of the Government in charge of supervising the work area to prevent safety accidents led no less than twice a year.

    (B) increase the input of special funds for safety, safety in funds into the Government's annual budget, ensuring production safety supervision and management costs.

    (C) fully implement the responsibility system for production safety, establish and improve the safety management system, clear message at all levels of Government, government leaders and the responsibility of the staff member concerned, annual safety responsible for safety production responsibility system and evaluation, and as a check on officials ' important content.

    (D) establish and improve work safety emergency rescue system, formulation and implementation of safety accident emergency rescue plans in the region, and according to the provisions of people's Governments at a higher level for the record; the district (County) Government should establish a specialized rescue team; the town (subdistrict office) shall provide for the establishment of a full-time fire-fighters.

    (E) establishment of municipal, district (County), town (Street) three levels of safety production information management network, improve the safety accident reporting, handling and monitoring system.

    (Six) established safety inspections system, organization about sector according to their of duties, on this area easy occurred security accident of units, and places and equipment, and facilities, for strictly management and focus check, monthly up level safety supervision management sector submitted major accident hidden inventory regulation status; established town (Street) safety inspections system, sound security inspections records record system; established this area enterprise safety management information, urged enterprise implementation safety archives system.

    (G) greater safety after the accident, government leaders should immediately sped to the scene of the incident organization rescue and relief work, report on the levels of Government and relevant departments in a timely manner, and in accordance with the functions and powers, organizations, or assist in the investigation process.

    High-Tech Zone Management Committee, free trade zone Administrative Committee shall, in accordance with relevant laws, rules, regulations and municipal requirements to fulfil duties of supervision and administration of production safety, prevent the occurrence of safety accidents.

    Nineth Government departments, within the terms of reference shall be in accordance with the provisions of the laws, rules and regulations, strengthen safety supervision and management, and prevent the occurrence of safety accidents, and perform the following duties: (A) advocacy, implementation of safety policies and regulations, studying and preventing accidents and organize regular checks.

    The main leaders or delegate in charge of the leaders convened at least once every quarter to prevent safety accidents workshops, supervision, guidance and supervision units in the context of safety and prevention of accidents.

    (B) to include work safety and prevention of accidents in the sector agenda, organize and implement the level of Government and the responsibility of production safety issued by the higher authorities, establish and implement a responsibility system for production safety, rewards system, clear leadership and concerned personnel of security responsibilities in this sector, and as a check on officials ' important content.

    (C) in accordance with national and provincial organizations of the system, as prescribed by the industry (sectors) safety supervision and inspection, to take timely measures to eliminate the major accident hazards; beyond the scope of their duties, shall report the matter immediately to the people's Governments at the corresponding level; the urgency of the situation, you can immediately take emergency measures such as shall be ordered to suspend production or business, and report to the people's Governments at the corresponding level.

    (D) carry out safety production inspection system, the system on a regular basis, the industry (sectors) hazards and major accident hazards to safety inspections, inspections and safety registration file, monthly submission to the level of Government work safety supervision and management departments focus on risk inventory control. (E) the law relating to safety in the implementation of administrative licensing matters. Must be strictly in accordance with laws, rules and regulations of conditions and procedures relating to review or acceptance of the license, do not meet the safety conditions stipulated by laws, rules and regulations, shall not make a decision on the administrative license. Has legally obtained the administrative licensing unit and individual implementation of strict supervision and inspection, and found that it does not meet the safety requirements, it shall rescind the administrative licensing and administrative penalties.

    Not an administrative license according to law without authorization and engage in safety-related activities, should be investigated and prosecuted immediately, and given administrative penalty according to law.

    (F) greater safety after the accident, major leaders should immediately sped to the scene for rescue work in two hours to report the level of Government and work safety supervision and management departments and responsibilities organize or assist with accident investigation, rescue, recovery work, decreasing accident levels.

    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.

    11th major safety accidents, accident report new developments, Governments at all levels and relevant government departments shall, in accordance with national and provincial provisions of remedy in a timely manner.

    12th of production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related duty system should be established and announced to the public duty phone, receive accident reports and reporting. 13th larger safety after the accident, the municipal people's Government is responsible for the investigation. Municipal Government can be organized directly investigated by accident investigation team, also can authorize or entrust the authorities Organization investigation team to investigate the accident.

    Accident investigation unit shall determine the nature of the accident and determine responsibility for the accident, on administrative liability, accident investigation group should come up with recommendations of the administrative responsibility.

    Since the date of the General safety accident in the 30th (road traffic accidents, fires within 7th since the date of occurrence of the accident), accident levels due to casualties to a large safety accidents, the municipal people's Government can organize investigation team to investigate the accident.

    Accident investigation unit shall, within 60 days of the date of the accident to the municipal people's Government submit accident report in case of special circumstances, approved by the municipal people's Government, may extend the term of accident investigation reports submitted, but the extension period shall not exceed 60 days.

    14th accident investigation report should include the following elements:

    (A) the accident unit profiles;

    (B) after the accident, and rescue situations;

    (C) casualties and direct economic losses caused by accidents;

    (D) the cause of the accident and the nature of the accident;

    (E) the liability of the accident as well as recommendations on those responsible for the accident;

    (F) the accident prevention and corrective actions. Accident investigation report shall attach the relevant evidential materials.

    Members of the accident investigation team should sign the accident investigation report. After the 15th accident investigation report submitted to the municipal people's Government, the accident investigation will come to an end.

    Accident investigation and relevant information should be on file. 16th municipal people's Governments shall, from the date of receiving the accident report to reply within the 15th.

    If necessary, the municipal government greater responsibilities of security incidents can be make a decision.

    Accident investigation after the report was approved, and Government where the accident occurred and the relevant departments shall, in accordance with the approved content, carefully organized implementation of supervisory organs shall conduct supervision and inspection of the implementation of the responsible; production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related accidents should be implemented preventive and corrective measures for supervision and inspection.

    17th of greater security by municipal or municipal people's Government departments and agencies to the public, except as shall be kept confidential by law.

    18th all units and individuals have the right to advise the Government or relevant government departments reporting accidents and safety violations, are entitled to higher levels of Government or the relevant government departments to report lower levels of Government or relevant Government Department does not perform security functions of supervision, perform their duties in accordance with the provisions of the conditions. Receiving the report or reports of the Government or the relevant government departments, shall report the matter immediately to investigate or report processing.

    An accident, should urge the relevant departments and units to deal with immediately, avoiding an accident; a failure to perform duties, shall be ordered to correct late refused to correct, according to the cadre management authority, leadership and responsibility of the relevant units were given administrative punishments.

    Government information on the informant or the relevant government departments should be kept in any unit and individual is strictly prohibited retaliation against whistle-blowers.

    19th large security incidents occurring within the administrative area of the city, district where the accident occurred (County), the town (Street) has one of the following, depending on the seriousness, according to the following provisions:

    (A) perform their duties in accordance with this regulation, poor accident examination, supervision, rectification, leaders or leaders of the Government are those who give demerits, demerit, demotion, removal of sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    (B) organize mass major activities planned are not careful, safety and accident prevention measures are not implemented, to major events that may cause major safety accident did not develop a security accident emergency rescue plan, to government leaders or leaders are those who give a demerit, demerit, demotion, removal of sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    (C) violation of paragraph one of this article eighth paragraph (g) provides, to government leaders or leaders are those who give a demerit, demerit, demotion, disciplinary sanction constitutes a crime, criminal responsibility shall be investigated according to law.

    20th great security incidents have taken place within the administrative area of the city, district where the accident occurred (County) of relevant departments under the following acts, depending on the seriousness, according to the following provisions:

    (A) perform their duties in accordance with this regulation, supervision and management of production safety, to government leaders or leaders are those who give a demerit, demerit, demotion, removal of sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    (B) disobey the Nineth part (e) provides, to government leaders or leaders are those who give a demerit, demerit, demotion, removal of sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    (C) in violation of these regulations article Nineth (f) provided, government leaders or leaders are those who give a demerit, demerit, demotion, disciplinary sanction constitutes a crime, criminal responsibility shall be investigated according to law.

    21st high-tech zone management committee, free trade zone Administrative Committee and its functions in accordance with relevant laws, rules, regulations and municipal requirements to fulfil duties of supervision and administration of production safety, large accidents, high-tech zone management committee, bonded area Administrative Committee and its main functions and responsibilities leaders, mutatis mutandis, the provisions of article 19th and 20th penalties constitutes a crime, criminal responsibility shall be investigated according to law.

    22nd article this city administrative within various school violation this approach provides, has following case one of of, according to school membership relationship, on location Government and government education administrative competent sector main leaders and is in charge of leaders, according to plot weight, give demerit, and remember than, and downgraded, and dismissed of administrative sanctions; on school principal give dismissed of administrative sanctions, on directly organizers and responsibility who give fired public of administrative sanctions; constitute crime of, law held criminal:

    (A) in any form, the name and reason for students engaged in contact with inflammable and explosive dangerous goods, hazardous labor or other dangerous work;

    (B) school rental as inflammable, explosive, toxic and other hazardous substances in the production, operation, storage sites;

    (C) confirmation of the authorized or qualified bodies c, d grade buildings do not immediately sealed and demolished, and students continue to use;

    (D) the organizations when the student or student group outings, not complying with the provisions of transport and drivers, as well as overcrowding of students travelling.

    23rd great security incidents have taken place within the administrative area of the city, has security and administration of other countries who violate these rules, failing to perform their duties or procedures and duties that are not in accordance with the regulations, mutatis mutandis, the provisions of article 19th and 20th penalties constitutes a crime, criminal responsibility shall be investigated according to law.

    24th under any of the following circumstances, apart from holding those responsible accountable according to law, according to the following provisions:

    (A) for two consecutive years break safety control index of over safe production control 50% or when the annual, government leaders should be up to the Government to make special reports and written a review;

    (B) the areas under their jurisdiction, this death occurred six to nine large safety accidents or two deaths a year in the three to five of the larger security incidents, incident to the district (County) Government leaders and with the unit with administrative subordination principal leaders shall be filed with the city's Municipal Government to conduct a review;

    (C) in this area, the system ten or more death accident, incident, government leaders, as well as with relevant government departments the unit with administrative leaders, according to law in accordance with the relevant regulations of the State, province.

    25th article violates these rules, any of the following circumstances, cancellation of units and personnel participate in comprehensive advanced year (excellent) units or individual competitions reward eligibility:

    (A) the town of big safety accidents (Street), the Industrial Park (district), as well as the unit with administrative subordination of district (County) Government departments;

    (B) the death occurred six to nine people, or a serious injury between 30 and 49, 30 to 49 were larger or an acute occupational poisoning accidents district (County) Government, high-tech zone management committee, free trade zone Administrative Committee and the unit with administrative subordination of municipal governments;

    (C) prevention of security incidents occurred, with relevant responsibilities, disciplinary action or shall make a written review of the individual;

    (D) responsibility for false claim and skimming and delay in reporting accidents and accidents in their respective jurisdictions false claim and skimming of management responsibility and delay in reporting accidents;

    (E) annual safety control indexes of severely overweight;

    (F) failed to pass the annual examination of the safety production responsibility system and units and individuals.

    After personnel changes, found that the circumstances prescribed in the preceding paragraph, imposed on the person tracking accountability.

    26th Government at all levels and relevant departments of the Government leaders and other staff on administrative obligation-imposed sanctions is dissatisfied with a decision of big safety accidents, it may lodge a complaint or to apply for a review.

    27th to participate in accident investigations, accident investigations of any of the following acts shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) not responsible for accident investigations, accident investigations have major omissions;

    (B) the harboring and protecting staff with responsibility for accidents or taking revenge;

    (C) other acts of abuse, malpractice, neglect their duties.

    28th larger security incident reporting and investigation, the relevant laws, administrative regulations or provisions of the State Council and the provincial government, in accordance with its provisions. Article 29th of this major, major security incidents of administrative responsibility, respectively, in accordance with the provisions of administrative accountability for extraordinarily serious safety accidents under Guangdong Province, major accidents and the administrative obligation-imposed regulations.

    Be dealt with General administrative responsibility of security incidents occurred, according to national, provincial and municipal regulations to deal with it. 30th these measures shall come into force on November 1, 2008. On March 20, 2006, issued by the Municipal Government of Shantou for assigning responsibility for major accidents the way abrogated.

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