Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Administrative accountability for major security accidents in the first city

(The 30th ordinary meeting of the Government of the Challenge of 8 August 2008 considered the adoption of Decree No. 108 of 11 September 2008 on the Royal Government of the municipality, which was launched effective 1 November 2008)

Article 1, in order to effectively prevent the occurrence of security accidents, hold administrative responsibilities for larger security accidents, guarantee the lives, property security of the people, maintain social stability, develop this approach in line with the People's Security Production Act, the National People's Republic of China Administrative Monitoring Act, the Regulations on the Production of Security Accidents and the Investigation Processing of Goods and other relevant laws, regulations and regulations.

Article 2 Administrative responsibility for misconduct and malfeasibility in the administration of the city is applicable.

Article 3. The larger security accident referred to in this approach refers to the deaths of more than 10 people, or more than 50 people (including poisoning in acute industries), or an accident of direct economic losses of more than five thousand dollars.

The reference to the previous paragraph includes the figure, which is not included in the said “after”.

Article IV, the municipal, district (territorial) inspectorate, in accordance with administrative inspection laws, regulations and regulations, carries out inspections of the executive branch and its staff in the performance of their safety oversight functions.

The management of safe production monitoring in the city, district (zone) is implementing integrated oversight over the security production in the present administration, assisting the inspection agencies in the accountability of larger safety accidents.

Article 5

(i) People's governments in various districts (at the district level), the Governments of the municipalities (the street offices) (hereinafter referred to as Governments at all levels), the Management Committee of the High-Level New Technologies Industrial Development (hereinafter referred to as the HCC), the Leader of the Financial Tax Sector Management Committee (hereinafter referred to as the FC);

(ii) Government departments, institutions exercising administrative functions, organizations governing public affairs and other units appointed and recruited by State administration (hereinafter referred to as Government departments);

(iii) Other national staff with responsibility for security management.

Article 6. Safety oversight management, application of the principle of “land management” and “or, who is responsible”, “ Whoever is responsible”.

The main leaders at all levels of government and the Government concerned, or the executive leadership leading the overall work, are the first responsible for the safe production of responsibilities in the region, the system, the sector (or the extent of responsibility). The leaders of all levels of government and various branches of government are directly responsible for the safe production within the context of the operation and are directly responsible for the safety and production of the management operations.

Article 7. The main leaders at all levels of government and government or executive leaders who preside over the overall work shall be criminalized by law, in accordance with the provisions of the law, regulations and this approach, in accordance with the provisions of this approach, in accordance with the provisions of this approach;

(i) Large fire accidents;

(ii) Large traffic safety accidents;

(iii) Higher construction safety accidents;

(iv) Higher safety accidents in civilian explosive items and hazardous chemicals;

(v) Large security accidents in mines;

(vi) Higher safety accidents in special equipment;

(vii) Other larger security accidents.

All levels of government and various branches of government are responsible for the protection of larger security accidents, the conduct of sub-heads, the direct responsible supervisors and other direct responsibilities, which are subject to administrative disposition, mutatis mutandis, and the commission of criminal liability by law.

Criminal penalties, administrative penalties and civil responsibility for the perpetrators of larger security accidents are carried out in accordance with the relevant laws, regulations and regulations.

Article 8. Governments at all levels shall carry out the following responsibilities, in accordance with the relevant laws, regulations and regulations:

(i) To follow up on laws, regulations, regulations and guidelines for safe production, policies, the establishment of a leadership system for the sound production of safely safely, and to improve regulatory and administrative law enforcement agencies for safe production. The Government's main leadership or entrusted the Government to host a conference on safety accidents at least every quarter of the year, with the main leadership of the Government or the Government's sub-heading to oversee the safe accidents in the Territory.

(ii) Enhance specialized funding for safe production and incorporate specific funding for safe production into the annual Government financial budget and secure the management of the costs of safe production.

(iii) Full implementation of the responsibility for safe production, establishment of a system for the management of the goal of sound safe production, clear the responsibilities of all levels of government, relevant government departments and relevant staff, conduct safety and production responsibilities for those responsible for safe production every year and serve as an important element for the appraisal of leadership performance.

(iv) The establishment of a system of emergency relief for the safe production of emergency response, the development of pre-emptions for the implementation of security accidents in the region, and the provision of the Government of the people at the highest level; the establishment of a specialized risk-recovery force by the people of the region (zone offices); and the establishment of a dedicated firefighting force by the Governments of all towns (the street offices) in accordance with the provisions.

(v) Establishment of a security production information management network at the municipal, district (zone), town (farm) level and the sound safety accident reporting, processing, monitoring system.

(vi) Establish a safe production inspection system that organizes units, places and equipment, facilities, facilities that are vulnerable to security accidents in the region, in accordance with their respective responsibilities, to conduct rigorous management and focus inspections, to inform the security production management at the highest level on a monthly basis of the status of clearance of major accidents; to establish a safe production inspection system for town (farm) safe production, to maintain a safe delivery record system; and to establish a management information on the business safety of the Territory, and to promote the implementation of the enterprise security production archives system.

(vii) In the event of a larger security accident, the main leadership of the Government should immediately be removed from the field to organize the rescue and rehabilitation process, in a timely manner the reporting of the Government and the related sectors, and in accordance with the terms of reference or assist in the investigation.

The High-Level Committee on Management, the IASC shall perform the responsibility for the management of safe production in accordance with the relevant laws, regulations, regulations and the requirements of the city's people's Government to prevent the occurrence of security accidents.

Within the scope of their responsibilities, the various branches of Government should strengthen the management of safety monitoring, prevent the occurrence of security accidents and perform the following duties, in accordance with the provisions of laws, regulations and regulations:

(i) Advocacy, implementation of safety production policies and regulations to study the deployment of safe accidents and to organize regular inspections. The main leaders or the supervisory leaders are entrusted with convening at least every quarter of a conference on safe accidents, and to oversee, guide units within the scope of oversight to produce and prevent safe accidents.

(ii) The inclusion of safe production and the prevention of accidents in the main agendas of this sector, the organization of the implementation of the security production responsibilities set out by the current Government and the superior sector, the establishment and implementation of a safe production responsibility and incentive system, the identification of the security responsibilities of the leadership and the relevant sectors, and as an important element of the nuclear evaluation of leadership performance.

(iii) To conduct safe monitoring inspections of the system, the industry (in the area) in accordance with the relevant provisions of the State, and to take timely measures to eliminate the concealment of major accidents; to report to the Government of the people at this level immediately beyond its mandate; and, as a matter of urgency, emergency measures such as temporary suspension or suspension may be taken immediately, while reporting to the people at the level.

(iv) Implementation of a safe production inspection system that regularly conducts safe patrols of dangerous sources and major accidents in the system, the industry (in the area) and is well placed in the security inspectorate, with a monthly focus on the safe production supervision of the Government.

(v) Execution of administrative licences by law relating to security production matters. There must be strict review or inspection of the licence matters in question in accordance with the conditions and procedures set forth in the law, regulations and regulations, and no administrative licence decision shall be taken with respect to security conditions not in conformity with the provisions of the law, regulations and regulations. A strict inspection of units and individuals who have obtained administrative permission under the law has been found that they do not have security conditions of production, and they should be removed by law and punished by administrative penalties. In the absence of an administrative licence under the law, it should be promptly inspected and punished by law.

(vi) After a larger security accident, the main leaders should immediately distract from taking part in the rescue effort, report the current Government and the security production monitoring management within two hours and assist in the investigation, relief, rehabilitation, etc. of accidents or injuries, to the maximum extent of the disaster.

Article 10. The executive authorities and schools at all levels should conduct the necessary safety education and security promotion of students, strengthen safety management and safety inspections, prevent safety accidents such as poisoning, fire, tourism, transport and the collapse of buildings and ensure the safety of students.

In secondary schools, vocational skills education for students and the participation of students in social practices such as public works must be ensured. Students are prohibited by any form, name and reason to engage in work or other hazardous work that is likely to be fuelled, prone, toxic and harmful. The rental of school premises is prohibited as a place for the production, operation and storage of hazardous goods such as fuel, explosive, toxic and harmful.

Article 11. High security accidents, new developments after the accident report, and all levels of government and the relevant authorities of the Government should be filled in a timely manner, in accordance with national and provincial provisions.

Article 12. The management of safe production supervision and the relevant departments with the responsibility to oversee the management of safe production should establish a system of value classes and make available to the community for the processing of accident reports and reports.

The Government of the city is responsible for the investigation after a larger security accident. The Government of the city may directly organize the investigation by the accident survey team or authorize or entrust the relevant sector with the investigation. The accident survey team should determine the nature of the accident, determine the liability of the accident and hold accountable for administrative responsibility, and the accident investigation team should make recommendations for accountability.

Since the date of the general security accident (in seven days from the date of the occurrence of road traffic accidents, fire accidents, changes in the number of accidents have resulted in changes in the frequency of accidents as a larger security accident, the Government of the city may organize separate investigation teams.

The accident survey team shall submit an accident survey report to the Government of the city within sixty days of the accident; exceptional circumstances, with the approval of the Government of the city, the time period for the submission of an accident investigation report may be extended appropriately, but the extension period shall not exceed sixty days.

Article 14. Reports of accidents should include the following:

(i) Fact sheets of the accident;

(ii) The occurrence of accidents and accident relief;

(iii) Deaths and direct economic losses caused by accidents;

(iv) The causes and nature of the accident;

(v) Determination of the responsibility to accidents and recommendations for the treatment of those responsible for accidents;

(vi) accident prevention and rehabilitation measures.

The accident investigation report should be accompanied by the relevant material. Members of the accident survey team shall sign in the accident investigation report.

The accident survey was closed after the incident investigation report was sent to the Government of the city. Information on accidents investigations should be kept.

Article 16 shall be retroactive by the Government of the city within 15 days of the receipt of the accident investigation report. Where necessary, the Government of the city may decide on persons responsible for larger security accidents.

After a review of the accident investigation report, Governments and their authorities in the area of accidents should be carefully organized in accordance with the contents of the review; the inspection body should conduct oversight inspections of the implementation of the responsible person's handling; and the relevant departments with the safety and productive management responsibilities should monitor the implementation of preventive and corrective measures by accident units.

Article 17 deals with larger security accidents, with the exception of the lawfulness of the relevant sectors, institutions authorized by the Government of the city or the people of the city.

Any unit and individual shall be entitled to report to the Government or the relevant Government departments on the occurrence of accidents and security-producing offences, and shall be entitled to report to the parent Government or the relevant Government departments that do not perform the security oversight functions and do not carry out their duties in accordance with the provisions.

Governments or relevant authorities that have received reports or reports should immediately organize investigations into reports or reports. In lieu of the accident, the authorities, units should be urged to deal with the incident immediately and to avoid the occurrence of accidents; in the absence of the performance of their duties, the time limit should be given to corrective action and the leadership and responsibilities of the responsible units should be treated separately, depending on the authority of the dry department.

The Government or the relevant Government departments should keep confidential information of the reporting person and prohibit any unit and individual reprisals against the author.

Article 19, in the area of the city's administration, has a large number of security accidents, where the accident occurs (at the district), the Government of the town (the Street Office) has one of the following acts, which, according to the circumstances, are dealt with:

(i) Failure to carry out its duties under this approach, to examine accidents, to promote, reflexibly, to impose criminal liability on the principal leadership of the Government or the subordinate leadership.

(ii) In organizing major public activities, security accident prevention measures are not implemented and criminal liability is granted to key Government leaders or sub-heads by law for major activities that may result in larger security accidents.

(iii) In violation of article 8, paragraph 1 (vii), of this approach, the administrative disposition of the main Government leaders or sub-headed leaders has been taken over, overcrowded and downgraded, and constitutes an offence punishable by law.

Article 20 of this city's administrative region has a larger security accident, with one of the following acts in the relevant sectors of the people's Government in the area where the accident occurred:

(i) Failure to carry out their duties under this approach, the management of safe production is not in place, the supervision of the Government's main leadership or sub-headings has been brought to bear, beauty, downgrading, and the administrative disposition of dismissal; and the criminal accountability of the law.

(ii) In violation of article 9, subparagraph (v), of this approach, the executive disposition of the principal leadership of the Government or the sub-headed leadership, excessive, degradable and dismissed; and the criminal accountability of the law.

(iii) In violation of article 9, subparagraph (vi), of this approach, the administrative disposition of the principal leadership of the Government or the sub-governing leadership has been duly taken into account, overcrowded, downgraded, and constitutes an offence punishable by law.

Article 21 High-Level Committee, IASC and its functional offices do not carry out safety production oversight functions, as required by the relevant laws, regulations, regulations and the communes' governments, conduct larger security accidents, and prosecute the principal leaders and sub-heads of the High-Level Committee, IASC and its functional sectors, in accordance with the provisions of article 19, article 20 of this approach, and constitute crimes.

Article 22 states that schools within the city are in violation of this scheme by one of the following cases, in accordance with the school affiliation, the main leaders and sub-governing leaders of the host Government and the Government's educational administration, giving them excessive, degradable, degrading, and administrative disposition of dismissals; administrative disposition of the dismissal of the school director, administrative disposition of the dismissal of the head of the school, administrative disposition of the person and the responsible for the dismissal of the office; and criminal liability in accordance with the law:

(i) To organize students in any form, nominal and justified manner in their labour or other hazardous work to engage hazardous items such as flammable, toxic and harmful substances;

(ii) The rental of school premises as a source of production, operation, storage of hazardous items such as flammable explosions, toxic hazards;

(iii) No immediate storage, removal and placement of students for C, D-Hazard houses authorized or recognized by the corresponding qualifications institutions;

(iv) The organization of the delivery of student or the organization of a student's collective outpatient activities without the provision of transport tools and drivers, as well as the placement of a student lag in transport instruments.

Article 23 of the present city's administrative region takes a larger security accident, and other State staff with security management responsibilities violate the provisions of the scheme by failing to carry out their duties under the law or by failing to perform the required procedures and duties, by virtue of article 19, article 20 of this scheme, and by bringing criminal responsibility to justice in accordance with the law.

Article 24 states that, in addition to the accountability of the responsible person under the law, the following provisions are addressed:

(i) A two-year breakthrough in safety production control targets or more than 50 per cent of the safety production control targets in the year, the main leadership of the field should report on a thematic basis to the Government and make written reviews;

(ii) A major security accident in the Territory, the present system that killed six to nine people, or two major security accidents that occurred within one year, with three to five deaths, the main leaders of the Government of the affected areas (the district) and the major leaders of the relevant sectors of the Government that have administrative affiliation with the Procedural Unit should be examined to the municipality;

(iii) The main leadership of the territorial authorities and the relevant government departments with administrative affiliations, which are dealt with in accordance with the relevant provisions of the State, the province and the relevant authorities.

Article 25. In violation of this approach, there are one of the following cases in which responsibility units and responsibilities are removed to participate in a variety of comprehensive (excellent) units or individual ratings in the year:

(i) Government departments in the town where there is a larger security accident (the street offices), industrial parks (zone) and district (zone) where the unit is administratively responsible;

(ii) The death of six to nine persons, or a heavy injury of 30 to 49, or an acute occupational poisoning of 30 to forty-ninth people in the area of larger security accidents, the Government of the People's Government, the High-Level Committee, the Board of Governors, the IASC and the municipal government authorities associated with the administration of the units;

(iii) Individuals who are subject to disciplinary or shall be subject to a written examination of a security accident;

(iv) The responsible units for the seizure, false reporting and delays of reporting accidents and the units responsible for the management of reporting, false reporting and delays in reporting accidents in the present jurisdictional accident units;

(v) The units with a significant excess of the annual safety production control indicators;

(vi) The annual examination of non-qualified units and individuals for the safe production of responsibilities.

After the change in the position of the responsible person, it was found that the conditions set forth in the preceding paragraph were followed up by the responsible person.

Article 26 Governments and relevant government leaders and other staff members at all levels are held accountable for the administrative responsibility of larger security accidents, which may be submitted by law or applied for review.

Article 27 Persons involved in an accident investigation are treated by law in one of the following acts in the accident investigation, which constitutes an offence and are criminally liable by law:

(i) The irresponsibility of accident investigations, leading to significant negligence in the investigation;

(ii) To provide shelter, support to persons responsible for accidents or borrowers to combat reprisals;

(iii) There are other abuses of authority, provocative fraud, and sterilization.

Article 28 reports and investigations of larger security accidents, in accordance with the relevant laws, administrative regulations or other provisions of the State Department, the provincial government.

Article 29, administrative responsibility for special and significant security accidents in the city, is held in accordance with the State Department's provisions on administrative responsibility for special security accidents and the administrative responsibility for major security accidents in the Province of Hiroshima. (b) The administrative responsibility for a general security accident is held to be addressed in accordance with the relevant provisions of the State, the province and the city.

Article 33 The administrative accountability for major security accidents in the municipality was repealed on 20 March 2006.