Article 1 In order to standardize the reporting, investigation and handling of production safety accidents, implement the accountability system for production safety accidents, and prevent and reduce production safety accidents, in accordance with the "Work Safety Law of the People's Republic of China and the State", The Regulations on Reporting, Investigation and Handling of Production Safety Accidents and other laws and regulations are formulated based on the actual conditions of the province.

Article 2 These Measures shall apply to the reporting, investigation and handling of production safety accidents that cause personal casualties or direct economic losses during production and business activities within the administrative region of this province. If laws and regulations have other provisions on accident reporting, investigation and handling, those provisions shall prevail.

Article 3 According to relevant national regulations, production safety accidents (hereinafter referred to as accidents) are divided into general accidents, major accidents, major accidents and particularly major accidents.

Article 4 Accident reports must be timely, accurate, and complete. No unit or individual may report an accident late, omit it, lie, or conceal it.

The investigation and handling of accidents should adhere to the principles of seeking truth from facts and respecting science, promptly and accurately find out the accident process, accident causes and accident losses, ascertain the nature of the accident, determine the responsibility for the accident, summarize the lessons learned from the accident, and propose rectifications measures, and those responsible for the accident will be held accountable in accordance with the law.

Article 5 People’s governments at or above the county level are responsible for the investigation and handling of accidents. The safety production supervision and management department and relevant departments responsible for safety production supervision and management, as well as other relevant departments and units, shall do a good job in accident investigation and handling in accordance with their respective responsibilities.

The relevant people's government and its relevant departments at the place where the accident occurred shall support and cooperate with the people's government at the higher level or relevant departments in the investigation and handling of the accident. Article 6 After an accident occurs, the relevant personnel at the accident site shall immediately report to the person in charge of the unit; after receiving the report, the person in charge of the unit shall report within 1 hour to the work safety supervision and administration department of the people's government of the county (city, district) where the accident occurred. and relevant departments responsible for the supervision and management of production safety.

In the event of an emergency, relevant personnel at the accident site may report directly to the work safety supervision and management department of the people's government at or above the county level where the accident occurred and the relevant departments responsible for work safety supervision and management.

Article 7 After receiving an accident report, the safety production supervision and management department and the relevant departments responsible for safety production supervision and management shall report the accident situation in accordance with the following provisions and notify the public security organs, supervisory organs, and human resources The social security administrative departments, trade unions and people's procuratorates also report to the people's government at the same level:

(1) General accidents are reported step by step to the work safety supervision and management department of the districted municipal people's government and the people's government responsible for work safety supervision Relevant departments with management responsibilities;

(2) Major accidents are reported to the provincial people's government safety production supervision and management department and relevant departments responsible for safety production supervision and management;

(3) Major accidents and particularly major accidents shall be reported step by step to the work safety supervision and management department of the State Council and relevant departments responsible for work safety supervision and management.

For the level-by-level reporting specified in the preceding paragraph, the reporting time for each level shall not exceed 2 hours.

Article 8 If an accident of a major or higher level occurs, the unit where the accident occurred and the relevant departments of the people's government of the county (city, district) where the accident occurred shall report the accident in accordance with the provisions of Articles 6 and 7 of these Measures. , and should also be reported to the provincial people's government's work safety supervision and management department and the relevant departments responsible for work safety supervision and management responsibilities in the form of an express report within one hour.

Article 9 Accident reports shall include the following contents:

(1) Basic information such as the name, address, nature, and production capacity of the unit where the accident occurred;

( 2) The time, place and situation of the accident;

(3) The brief history of the accident;

(4) The number of casualties (including whereabouts) that have been or may be caused by the accident (Unknown number of people) and preliminary estimated direct economic losses;

(5) Measures that have been taken;

(6) Other situations that should be reported.

The content of the accident report can be simplified appropriately; if the specific situation is temporarily unclear, the overall situation of the accident can be reported first.

Article 10 If the number of casualties caused by the accident changes within 30 days from the date of the accident, a supplementary report shall be made in a timely manner. If the number of casualties caused by a road traffic accident or fire accident changes within 7 days from the date of occurrence, a supplementary report shall be made in a timely manner.

Article 11 After an accident occurs, relevant units and individuals shall report in strict accordance with the regulations and shall not engage in the following behaviors:

(1) Report the accident beyond the prescribed time limit;

(2) Failure to report the accident or the time, location, category, number of casualties, direct economic losses, etc.;

(3) Failure to truthfully report the time, location, category, etc. of the accident The number of casualties, direct economic losses, etc.;

(4) Deliberately concealing the accident that has occurred.

Article 12 After an accident occurs, while reporting the accident, relevant units shall immediately activate an emergency plan, or take effective measures to organize rescue operations to prevent the accident from expanding and reduce casualties and property losses.

After receiving an accident report from the relevant people's government, the production safety supervision and management department and the relevant departments responsible for production safety supervision and management at the place where the accident occurred, the person in charge shall immediately rush to the accident scene and organize accident rescue.

If an accident causes personal injuries that require rescue treatment, the relevant units should immediately send them to the nearest medical institution for treatment, and the medical institution should immediately organize rescue treatment. The cost of rescue treatment will be paid in advance by the unit where the accident occurred.

Article 13 After an accident occurs, relevant units and personnel shall properly protect the accident site and relevant evidence. No unit or individual may damage the accident site or destroy relevant evidence. If it is necessary to move objects at the accident site due to reasons such as rescuing people, preventing the accident from spreading, and clearing traffic, signs should be made, a simplified map of the site should be drawn and written records should be made, video recordings should be taken, and important traces and physical evidence at the site should be properly preserved.

Article 14 Any unit or individual shall support and cooperate with accident rescue and rescue, and provide necessary conveniences.

If greater danger may occur or greater losses may occur during accident rescue and rescue, the main commander at the rescue and rescue site may decide to suspend or terminate the rescue and rescue after listening to expert opinions.

Article 15 If any unit or individual discovers that an accident has occurred, or discovers that the accident was reported late, omitted, lied or concealed, they have the right to report or report the accident to the government and its relevant departments.

The safety production supervision and management department and the relevant departments responsible for safety production supervision and management should establish a 24-hour duty system, announce to the public the duty telephone numbers, faxes, and relevant regulations on reporting rewards, and accept and handle accidents in accordance with the law. Reporting and Whistleblowing.

Article 16: After receiving an accident report or report, the relevant departments responsible for the supervision and management of production safety shall promptly report the relevant information to the production safety supervision and management department of the people's government at the same level.

Article 17 If a major accident involving risk occurs under any of the following circumstances, it shall be reported in accordance with the regulations on major accidents, and rescue and rescue operations shall be organized:

(1) 10 persons involved in the accident The above accidents;

(2) Accidents causing more than 3 people to be trapped or missing;

(3) Accidents involving more than 500 people being evacuated;

(5) Other major hazardous accidents.

In the event of other dangerous accidents, report them in accordance with general accident regulations and organize rescue and rescue operations. Article 18 Accident investigation shall be organized according to the grade of the accident. Major accidents, larger accidents, and general accidents are investigated by the provincial, districted city, and county (city, district) people's governments respectively. The people's government at or above the county level may directly organize an accident investigation team to conduct an investigation, or may authorize or entrust relevant departments to organize an accident investigation team to conduct an investigation.

For major accidents or larger accidents, an accident investigation and handling leading group can be established, with the main person in charge of the government or the person in charge as the team leader, and the main person in charge or the person in charge of the relevant departments as participants.

For accidents that occur in economic functional zones such as economic and technological development zones and high-tech development zones, the people's government at or above the county level that has jurisdiction over the economic functional zone is responsible for organizing accident investigations. If the accident level exceeds the investigation authority of the people's government at the same level, the accident investigation shall be organized in accordance with the provisions of paragraph 1.

If the place where the accident occurred is not in the same administrative region as the unit where the accident occurred, the people's government of the place where the accident occurred shall be responsible for the investigation, and the people's government of the place where the accident occurred shall send personnel to participate.

For general accidents with a direct economic loss of less than 1 million yuan and no death or serious injury, the county (city, district) people's government shall entrust the accident unit to organize an accident investigation team to conduct an investigation. The accident unit shall The accident investigation report shall be submitted to the work safety supervision and administration department of the people's government of the county (city, district) where it is located for record.

Article 19 The accident investigation team shall be composed of personnel from the relevant people's governments, production safety supervision and management departments, relevant departments responsible for safety production supervision and management, supervisory agencies, public security organs and trade unions, and shall invite The People's Procuratorate sent personnel to participate.

Members of the accident investigation team should have the knowledge and expertise required for accident investigation and have no direct interest in the accident under investigation.

The leader of the accident investigation team shall be designated by the people's government responsible for accident investigation and handling or the accident investigation and handling leading group.

The list of members of the accident investigation team shall be published in the form of documents, meeting minutes, etc.

The accident investigation team can hire experts with professional skills associated with the type of accident and who are familiar with the relevant business to participate in the accident investigation.

Article 20 The accident investigation team may set up a technical group, a management group, and a comprehensive group according to actual needs, and perform the following duties respectively:

(1) The technical group is responsible for identifying the accident Afterwards, the casualties and direct economic losses were determined, the cause of the accident and related responsibilities were investigated and analyzed from a technical perspective, and a special report of this group was drafted.

(2) The management team is responsible for investigating the management reasons for the accident, investigating and analyzing the performance of the main responsibilities and supervisory responsibilities of the relevant units and personnel responsible for the accident, and proposing measures for the relevant personnel and personnel responsible for the accident. The unit's handling suggestions are drafted for this group's special report.

(3) The comprehensive team is responsible for the organization, coordination and liaison guarantee of the investigation work, summarizing the lessons learned from the accident, proposing preventive and corrective measures, and drafting the accident investigation report.

Article 21 The accident investigation team has the right to learn about the accident-related situations from relevant units and individuals and request them to provide relevant documents and information. Relevant units and individuals shall not refuse.

The person in charge and relevant personnel of the unit where the accident occurred shall not leave their posts without authorization during the accident investigation, and shall accept inquiries from the accident investigation team at any time and truthfully provide relevant information.

If a suspected crime is discovered during the accident investigation, the accident investigation team shall promptly transfer the relevant materials or copies thereof to the judicial authorities for processing.

Article 22 Members of the accident investigation team shall obey the arrangements of the accident investigation team, abide by accident investigation disciplines, and keep accident investigation secrets.

Without the approval of the leader of the accident investigation team, members of the accident investigation team may not leave the investigation team to conduct investigations alone, and may not disclose or publish accident investigation information without authorization.

Article 23 During the accident investigation process, if the accident investigation team determines that it is a natural disaster, a public security criminal case or other non-production safety accident, the accident investigation team shall report it to the relevant department designated by the people's government at the same level. A separate investigation will be organized.

If the accident level changes due to changes in casualties and direct economic losses, the people's government with investigative authority shall reorganize the accident investigation team to conduct the investigation; the people's government at the higher level may also entrust the original investigation team to continue the investigation, Or conduct a joint investigation with the original investigation team.

Article 24 The accident investigation team shall submit an accident investigation report within 60 days from the date of the accident; under special circumstances, with the approval of the people's government responsible for the accident investigation or the accident investigation and handling leading group, the accident investigation report shall be submitted. The time limit for the investigation report can be extended appropriately, but the extended time limit shall not exceed 60 days.

If the accident-causing unit organizes an investigation on its own as stipulated in Paragraph 5 of Article 18 of these Measures, the accident-causing unit shall complete the accident investigation report within 30 days from the date of the accident.

The time required for technical appraisal is not included in the accident investigation period.

Article 25 The accident investigation report shall include the following contents:

(1) Overview of the unit where the accident occurred;

(2) The course of the accident and the circumstances surrounding the accident Rescue situation;

(3) Casualties and direct economic losses caused by the accident;

(4) Cause of the accident and nature of the accident;

(V) ) Identification of accident liability and handling suggestions for those responsible for the accident. Handling suggestions should include administrative penalties, basis, type of punishment, decision-making authority, etc.;

(6) Accident prevention and rectification measures;

(7) Other necessary content.

The accident investigation report shall be accompanied by relevant evidence materials. Members of the accident investigation team shall sign the accident investigation report.

Article 26 The accident investigation report shall be discussed and approved by all members of the accident investigation team. If the members of the accident investigation team cannot reach consensus on the cause of the accident, the nature of the accident, identification of responsibility, and suggestions for handling those responsible, they shall report it to the people's government responsible for accident investigation and handling or the accident investigation and handling leading group for decision. Article 27 Accident investigation reports for major accidents, relatively large accidents, and general accidents shall be approved by the people's government responsible for organizing accident investigations to the relevant authorities at the lower level within 15 days from the date of receipt of the accident investigation report after performing relevant procedures in accordance with relevant regulations. The people's government, relevant member units of the accident investigation team and the unit where the accident occurred.

Relevant agencies should, in accordance with the approval opinions, impose administrative penalties on the unit where the accident occurred and its relevant personnel in accordance with the law, punish the state staff responsible for the accident, and supervise the implementation of relevant rectification measures.

The persons responsible for the accident who are suspected of committing crimes will be transferred to judicial organs for handling according to law.

Article 28 The unit where the accident occurred and the relevant responsible units shall, in accordance with the approval of the people's government, deal with the personnel responsible for the accident in the unit, implement prevention and rectification measures, and ensure safe production.

The accident-occurring unit and relevant responsible units shall, within 10 working days from the date of completion of the accident handling work, report the implementation of the people's government's approval to the work safety supervision and management department, supervisory authority and the people's government at the same level. Relevant departments responsible for the supervision and management of production safety.

Article 29 If the place where the accident occurred is not in the same administrative region as the unit where the accident occurred, the reply shall be approved by the people's government of the place where the accident occurred. Administrative penalties and penalties for the units and responsible personnel responsible for the accident shall be implemented in accordance with the following provisions:

(1) Administrative penalties for the units and relevant responsible personnel where the accident occurred shall be imposed by the people's government of the place where the accident occurred in accordance with legal authority and Procedures shall be organized and implemented; the people's government of the place where the accident occurred shall provide assistance;

(2) Punishment of persons responsible for the accident shall be implemented by agencies and units with management authority; if it is necessary to remove them from office, Handle according to prescribed procedures.

Article 30: Establish an accident investigation and supervision system. The investigation and handling of major accidents shall be under the supervision of the Production Safety Committee of the Provincial People's Government, and the investigation and handling of general accidents shall be under the supervision of the Production Safety Committee of the Municipal People's Government divided into districts.

Article 31 After the accident investigation and handling, the relevant departments are responsible for sorting out the accident investigation report, accident approval, approval implementation status and other relevant information, and archiving them in a timely manner.

Article 32 The people's governments of provinces and municipalities divided into districts shall organize supervisory agencies, production safety supervision and management and other departments to supervise and inspect the implementation of accident liability investigation within their administrative regions every year; If it is implemented, it shall be ordered to make corrections and the relevant personnel shall be held accountable in accordance with the law.

Article 33: For production and business units that have a major accident or more or two or more major accidents within a year, the production safety supervision and management department of the Provincial People's Government, together with the relevant departments, shall make an announcement to the public and report it to the public. The competent departments of investment, land resources, construction, banking, and securities have notified that new project approvals, land use approvals, securities financing, etc. will be strictly restricted within one year, and will be used as an important reference for bank loans.

Article 34: The accident handling situation shall be announced to the public by the people's government responsible for accident investigation or the relevant departments and institutions authorized by it, and shall be subject to public supervision. However, exceptions are made that should be kept confidential according to law. Article 35 If a major accident occurs due to failure to perform duties in accordance with the law, the person in charge or the main person in charge of the relevant work departments of the township people's government (sub-district office) or county (city, district) people's government shall be held accountable for disciplinary responsibility; if the case is serious, Or if major accidents occur continuously within one year, the disciplinary responsibility of the person in charge and the main person in charge of the relevant work departments of the people's government of the county (city, district) and the people's government of the city divided into districts will be held accountable.

If a major accident occurs due to failure to perform duties in accordance with the law, the person in charge or the main person in charge of the relevant work department of the county (city, district) people's government or the districted city people's government shall be held accountable; if the circumstances are serious or If major accidents occur continuously within one year, the person in charge and the main person in charge of the districted municipal people's government will also be held accountable for disciplinary responsibility.

Article 36 If a person fails to perform his duties in accordance with the law, a particularly serious accident occurs, or a series of major accidents occur within a short period of time, resulting in heavy losses or adverse effects, the districted city or county shall be punished in accordance with relevant regulations. The responsible persons and principal persons in charge of the (municipal, district) people's government and its relevant departments, and the township people's government (sub-district offices) shall be held accountable.

Cities divided into districts where particularly serious accidents occur, counties (cities, districts) where serious or above accidents occur, and township people's governments (sub-district offices) where major or above accidents occur, will be disqualified from the priority evaluation. .

Article 37: The person in charge of a state-owned or state-controlled production and operation unit that has suffered a serious accident or a fatal accident in a short period of time shall not enjoy the year-end assessment reward, and the principal person in charge shall cancel the pre-evaluation. Excellent qualifications.

Production and business units that are primarily responsible for major accidents or above shall have their principal person-in-charge revoked in accordance with relevant regulations and be prohibited from serving as the person-in-charge of the production and business unit in the industry for life.

Article 38 If the accident-producing unit reports late, omits, lies or conceals a major risk-related accident, the work safety supervision and management department at or above the county level shall give a warning; if serious consequences are caused, The unit where the accident occurred shall be fined not less than 10,000 yuan but not more than 30,000 yuan, and the relevant responsible personnel shall be fined not less than 5,000 yuan but not more than 20,000 yuan.

Article 39: The unit where the accident occurred fails to investigate and handle general accidents with direct economic losses of less than 1 million yuan and no deaths or serious injuries, or fails to submit the accident investigation report within the prescribed time limit. If the work safety supervision and management department files a record, the work safety supervision and management department at or above the county level shall order corrections within a time limit and may impose a fine of not less than 500 yuan but not more than 2,000 yuan; if corrections are not made within the time limit, a fine of not less than 2,000 yuan but not more than 20,000 yuan may be imposed.

Article 40 If the unit where the accident occurred and the relevant responsible unit fail to deal with the responsible personnel and implement rectification measures in accordance with the provisions of these Measures, the work safety supervision and management department at or above the county level shall order it to make corrections within a time limit and may impose a fine of 1,000 yuan. A fine of not less than 3,000 yuan but not more than 3,000 yuan will be imposed; if correction is made within the time limit, a fine of not less than 3,000 yuan but not more than 30,000 yuan will be imposed.

Article 41 If relevant agencies and their staff fail to perform their statutory duties in accident reporting and investigation and handling, or fail to implement the people's government's approval, the relevant personnel will be held accountable for disciplinary liability in accordance with the law. Article 42 The reporting, investigation and handling of accidents occurring in state agencies, institutions, and people's organizations shall be governed by these Measures.

Article 43 These Measures shall come into effect on August 1, 2011.