(Note: "Casualty accident" mentioned in these Detailed Rules and "work injury" in "work injury insurance" belong to different categories. "Work-related injury" refers to the qualification of employees to enjoy work-related injury insurance benefits because of injuries or occupational diseases in the production and business activities of enterprises. "Work-related injury" identification and disability rating are organized by social insurance institutions, and labor safety supervision departments send personnel to participate. )
2 "Casualty accident handling" refers to the report, statistics, investigation and final examination and approval of personal injury and acute occupational poisoning accidents.
Article 2 "National Railway Enterprises" refers to the railway bureaus (including the restructured group companies), railway sub-bureaus (including the restructured railway corporation), subordinate survey and design institutes, materials corporation, Tietong Company, China Railway Container Transportation Center, China Railway Special Goods Transportation Center, China Railway Foreign Service Company, Railway Research Institute and other enterprises under the Ministry of Railways.
Article 5 "Production and business operation process" refers to the whole process in which all employees of an enterprise engage in production and business operation activities in their posts or posts temporarily arranged by leaders during working hours, not just the specific labor process of a post.
In principle, "working hours" are based on various existing shift systems, working hours stipulated by the crew and special working hours stipulated by enterprises. Time that is not within the stipulated working hours, but is temporarily occupied due to production and operation, labor and work, is also regarded as working hours.
Article 6 "Blasting" refers to the "blasting" in the current national regulations.
6. Item 4 "Other" of Article 7 "Accident Causes" refers to the sum of all accident causes except the first three items in this article, including:
(1) Equipment, facilities, tools and accessories are defective;
(2) Personal protective equipment and appliances are lacking or defective;
(3) The production (construction) site environment is harsh;
(4) No safety operation regulations or imperfections;
(5) unreasonable labor organization;
(6) There are defects in technology and design;
(seven) lack of education and training, or lack of knowledge of safe operation;
(eight) the accident prevention measures have not been implemented or seriously implemented, and the hidden dangers of accidents have not been rectified.
7. Article 8 "Serious injury": The definition of serious injury is based on the Standard for Working Days Lost by Accidental Injury (CB/T 15499- 1995). The number of lost working days corresponding to the position and degree of injury is equal to or more than 300 days, or the combined calculation of lost working days of multiple injuries is equal to or more than 300 days, which is a serious injury. For the contents not included in this standard, please refer to the Provisions on the Scope of Serious Injury promulgated by the Ministry of Work Safety.
8. Article 8 "Functional injury": Injury refers to tissue injury and dysfunction after the body is subjected to external force or stimulation. Functional injury refers to the injury with only dysfunction of function and metabolism without morphological changes, mainly manifested as dysfunction.
Article 8 "Organic injury" refers to the injury with pathomorphological damage, which is often accompanied by corresponding functional changes, that is, the structure, morphology, function and metabolism of cells, tissues and organs are changed due to external forces or stimuli.
10. Article 8 "Slight or temporary loss of working ability" refers to short-term loss of working ability, temporary inability to work in the original post, and recovery of working ability after being cured.
1 1. Article 8 "Working days lost due to accidents" refers to the degree to which employees are disabled or killed due to accidents, resulting in loss of working ability, and the unit of measurement is working days. "Working days lost due to accidental injuries" is a standard value artificially set according to clinical experience, which is different from the actual vacation days after statistical analysis of losses caused by various injuries. To determine the specific number of working days lost due to accidental injury in an injury, it should be checked according to the Standard of Working Days Lost due to Accidental Injury (GB/T 15499- 1995).
12. Article 8 Dysfunction refers to the irreversible loss of limb or part of organ function or complete loss of working ability of the injured person.
13. Article 9 "Extraordinary accident": According to the relevant regulations of the state, an accident with more than one person killed 10 is an extraordinary accident.
14. Article 9 "Acute Poisoning Accidents": According to the Regulations on Investigation and Handling of Railway Acute Occupational Poisoning (TB/T 2320-92), acute poisoning accidents are divided into four categories: general, multi-person, Grade II and Grade I, and the degree of poisoning is divided into mild, moderate and severe poisoning.
15. Article 9 Productive poisons refer to substances used or contacted in production that can cause abnormal changes in the function or morphology of human organs and tissues and cause temporary or permanent lesions.
16. article 10 "accident report" refers to the working procedure for enterprises to report casualty information to the superior labor safety supervision department, that is, the 24-hour reporting system.
17. Article 15 "Relevant departments" refer to labor safety, trade unions, supervision, social insurance, production and other departments.
18. Article 15 "Accident Investigation Team": Its composition and work contents are as follows:
(1) Investigation and evidence collection team-composed of safety supervision, public security, trade unions and other personnel. Responsible for collecting material evidence and traces of the accident site, measuring and drawing the schematic diagram of the accident site, process (operation) flow chart, and marking the size, location, characteristics, name, etc. The wreckage at the scene. Take photos and videos of the whole scene, orientation, remnants, hazards, traces, bodies and injured parts of the accident scene.
Check the relevant documents, rules and regulations and relevant certificates, records and ledgers, including the business license, qualification certificate, contracting (outsourcing) contract, safety technical disclosure, safety operation procedures and safety education records of the accident unit.
Collect oral statements, written statements, transcripts and casualty files of accident witnesses, responsible persons and relevant personnel, and copy, take photos and file them.
Relevant evidence that may be altered, lost or difficult to obtain in the future shall be registered and sealed, and will be unsealed and returned after the accident investigation.
(2) Technical analysis group-composed of safety supervisors, engineers and technicians, responsible for collecting relevant design, technical and process documents, engineering logs and work witness, etc. , and the related equipment, facilities, appliances, causes (refers to the substances and articles that caused the accident), hazards (refers to the substances and articles that directly act on the human body to cause injury and poisoning), traces and site remains for technical analysis and identification.
(3) The wounded rescue group-composed of medical administrators, trade unions and other personnel, is responsible for organizing medical personnel to treat the wounded and obtain the diagnosis report and death certificate of the wounded.
(4) the aftermath group-composed of labor wages, social insurance, trade unions, etc. , responsible for guiding the reception of the families of the casualties and the funeral work of the deceased, verifying the pension, funeral and other expenses, and coordinating the aftermath.
19. Article 16 "Economic loss" refers to various monetary losses such as labor and property caused by personal injury or death accidents. Its definition, calculation method, statistical range and so on are implemented according to the national standard Statistical Standard for Economic Losses of Casualty Accidents of Enterprise Employees (GB 672 1-86).
Article 17 Employees refer to all personnel who participate in the production and operation activities of railway enterprises and whose wages are paid by railway employers, including:
(1) On-the-job employees: permanent employees, temporary employees.
(2) Other employees: employing and borrowing retirees, employees outside the enterprise, part-time employees, hired workers, contract workers, rotation workers, all kinds of unplanned workers, and those who have participated in the production and operation activities of railway enterprises and formed a factual labor relationship with railway employers, although they have not signed a labor contract.
2 1. Article 19 "Productive accident" refers to the casualty accident that occurs in the production and operation process of an enterprise (not only the labor process of the injured) and is related to the enterprise management, working environment, working conditions, production equipment, etc.
22. Article 19 "Unproductive injury" refers to personal injury caused by accidents that are not in the process of enterprise production and operation, or are in the process of enterprise production and operation, but have nothing to do with enterprise management, working environment, working conditions, production equipment, etc.
23. Twentieth "commuting" refers to the process of employees going back and forth to the resident, duty room, apartment and other places. Go to the work site after roll call and shift change.
Twenty-first bad working conditions or working environment means that the equipment and environment in the workplace do not have the conditions to ensure the safety and health of workers. Such as poor ventilation and lighting, poor safety passage, no safety protection devices for mechanical equipment, no warning and signal devices in dangerous places, scaffolding and safety net erection that do not meet national regulations, etc.
25. Twenty-first "poor equipment and facilities" means that the equipment and facilities are running with diseases and there are hidden dangers that may lead to accidents; Failing to install safety protection devices as required.
26. Article 21 "Poor enterprise management" refers to the failure to implement enterprise safety management, lack of effective accident prevention measures, and failure to provide effective safety protection, safety education and management control means, resulting in the failure to effectively control potential accidents, out of control of on-site management, and low safety awareness and safety protection ability of employees.
27. Article 27 "Operators, off-duty personnel, etc." include: those who are working, campers, engineering vehicles, sheds and houses on duty on the roadside, those who go to work early or postpone their work for their own work, and those who commute along the line.
Article 28 "Intermittent time" refers to the short rest time stipulated in the process of labor.
Twenty-eighth and thirty-seventh "unauthorized use" refers to the unauthorized use of production equipment without the consent of the leaders of the subordinate units.
Article 29 railway police inspectors participate in production activities ... ":refers to the activities such as snow removal, obstacle removal and voluntary labor that railway police inspectors participate in outside the scope of their duties, which belong to the duties of production posts.
3 1. Article 30 Separate accounting refers to an accounting method implemented within an enterprise. Because the unit that carries out separate accounting does not have legal person qualification and cannot bear civil liability independently, it cannot bear accident statistics and reports.
32. Article 30 "Undertaking projects in violation of relevant regulations": including undertaking projects that do not meet the required qualification level for undertaking projects; Or subcontract according to the working procedure; Or in the name of subcontracting, it is actually an employment service; Or the contractor dismembers all the contracted construction projects and subcontracts them to others in the name of subcontracting; Or dismember the construction project that should be completed by a contractor into several parts and contract it out to several contractors respectively; Or contract projects in the name of other construction enterprises; Or the general contractor subcontracts the contracted project without the approval of the construction unit; Or the subcontracting unit subcontracts the contracted project; Or in violation of the provisions of the Ministry of Railways on subcontracting beyond the scope of subcontracting (for example, the contracted railway project fails to adopt and promote new technologies and new processes such as special subgrade, high-speed subgrade, extra large bridge, medium bridge, jacking culvert, tunnel, beam-making, track-laying and beam-erecting, communication, signal, electric power and electrification, and equipment installation of traction substation, communication station and signal building, etc.).
Thirty-first qualification grade refers to the qualification and grade of construction enterprises engaged in civil engineering, construction engineering, line and pipeline equipment installation engineering, decoration engineering and other new construction, expansion and reconstruction activities. According to the Regulations on the Management of Construction Enterprise Qualification (Order No.87 of the Ministry of Construction), the qualification of construction enterprises can be divided into three sequences: general construction contracting, professional contracting and labor subcontracting. The qualification of general contracting super-grade, first-class and professional contracting first-class enterprises shall be examined and approved by the administrative department of construction of the State Council, and other enterprise qualifications shall be examined and approved by the administrative department of construction of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. According to the regulations, the application for the special, first-class and second-class qualification of railway engineering must be examined and approved by the construction management department of the Ministry of Railways.
Article 31 "Small temporary works with simple technology" refers to subgrade earthwork, small bridges and culverts, retaining works and other small temporary works with a single building area of less than 1 000 square meters.
Thirty-third "temporary railway" refers to the railway business line temporarily managed by railway transport enterprises without formal acceptance by the state.
Article 35 Improper disposal refers to failure to take correct disposal measures to ensure safe driving.
Article 36 "Construction access road and highway access road": "Construction access road" refers to the temporary earthwork road laid by the construction unit for the convenience of transportation. "Highway service road" refers to an informal road.
Article 41 "Occupational contraindications" refers to the range of diseases that may lead to accidents due to the particularity of a post. For example, the locomotive crew's vision loss; Electricians and scaffolders are afraid of heights and hypertension; Hypertension and heart disease are occupational contraindications for line patrol workers and shunting personnel.
39. Article 42 "To be determined" refers to the situation that the cause and responsibility of the accident have not been ascertained and need to be determined. The number of accidents is temporarily counted according to the month of occurrence. If it is finally determined to be a non-liability accident, it will be changed.
Article 43 "Asking for leave" means that employees leave their jobs after going through the formalities of asking for leave. The basis of leave is attendance sheet, leave sheet and sporadic leave registration form. The registration form of sporadic leave shall be registered by the applicant himself and be valid only after being signed by the approver. Oral leave or others will not be recognized.
Article 4 1. Article 44 "Missing" means that after an accident, such as drowning in rivers, lakes and seas, the body can't be found, which is different from the situation of running away and not returning, and it doesn't need court confirmation.
42. Article 45 "Other personnel": including off-duty personnel of the enterprise, interns in school, trainees, students, soldiers, public security personnel, working and visiting personnel of other units, foreign ambulance personnel, residents, passengers and pedestrians.
43. Article 46 and Article 47 "Cross-operation" means that two or more enterprises overlap operation areas respectively, and employees work separately in the same workplace, including railway employees picking up and delivering cars on special lines.
Forty-ninth "aggravated by normal surgery" refers to the situation that employees have to take amputation, organ removal and other surgical measures to avoid the deterioration of their injuries after being injured by accidents, which leads to aggravated injuries. If the distal phalanx of the index finger is injured in the accident (lost working days 100 days), the middle phalanx should be removed during the operation to avoid necrosis (lost working days 200 days).
Article 51 "Hospitals at or above the county level" refers to hospitals directly under administrative regions at or above the county level, including railway hospitals.
Article 53 "Off-the-job personnel" refer to railway off-the-job personnel who walk on the roadside on the Internet, railway passengers who take buses, railway business passengers who take buses for free, etc.
Fifty-third social emergency rescue and disaster relief refers to the emergency rescue and disaster relief activities organized by the government, enterprise organizations or the masses spontaneously after natural disasters or social disasters with a large spread. But it does not include the disasters caused by the production and business activities of enterprises.
Article 54 "Relevant departments" refer to personnel, construction management, supervision, public security and other relevant departments of the Ministry of Railways, the Railway Federation of Trade Unions and local people's governments.
Article 54 The Report on the Investigation and Handling of Major Fatal Accidents includes the following materials:
(1) Report on the Investigation of Casualty Accidents in Railway Enterprises (refer to the Report on the Investigation of Workers' Death and Serious Injury Accidents of the former Ministry of Labor [Table 2 of the National Labor Regulations] for format and content) and Report on the Opinions on the Investigation and Handling of Major Fatal Accidents submitted by the accident responsible unit step by step.
(2) The investigation report issued by the accident investigation team.
(3) Written statements of relevant parties and responsible persons (referring to the accident course and witness testimony written by the respondent himself) or written records (referring to the records of the investigator's inquiries and respondents' answers made by the investigator on special paper). After the completion of the transcript, it should be recognized and signed by the respondent).
(4) Copies of relevant certificates, certificates, records, ledgers, design data, process documents and rules and regulations.
(5) Relevant technical appraisal and experimental report (refers to the written appraisal or report issued by the unit or individual with corresponding technical level and qualification hired and authorized by the accident investigation team after on-site sampling, measurement, material evidence removal, trace inspection and simulation experiment, etc.). And scientific analysis).
(6) Materials with direct and indirect economic losses (according to national standard GB 672 1-86).
(7) Schematic diagram of the site (refers to the site plan, side view and local enlarged view drawn by the accident investigation team according to a certain proportion, indicating the direction, position, size, path, markers, etc. ), photos (referring to accident scene photos, including overlooking, side view, distant view, close-up and close-up) and photos of casualties (including full-body photos and detailed photos of injured parts, etc.). ).
(8) Records of injury diagnosis, death certificate (official diagnosis certificate, certificate issued by hospitals at or above the county level), previous medical records (copies of medical records used by the wounded in the past) and pathological analysis (discussion of critical cases) (copies of original records of medical staff in hospitals undertaking treatment discussing the injury, course and cases of the wounded).
(9) The exploration records of the public security department (referring to the records of the public security department's exploration of the accident site, remnants and traces, which need the seal of the investigation organ and the signature of the investigators) and the appraisal materials (referring to autopsy, surface inspection of the corpse, handwriting appraisal, trace appraisal, remains appraisal, etc.). ), the notice of the public security and procuratorial departments (refers to the notice of criminal filing, the decision to prosecute or not to prosecute, etc.). ), confirmation letter (refers to "the accident unit has any objection to the determination made in the Confirmation Letter, and may apply for reconsideration; If there are still objections to the reconsideration results, written opinions and relevant evidence shall be provided for the reference of the superior labor safety supervision department when investigating and handling; The superior labor safety supervision department shall make an internal handling decision according to the relevant provisions of the Ministry of Railways).
(10) Inspection materials of the responsible person and the punished person (signed by the responsible person and the punished person in writing).
(1 1) Accident prevention measures taken according to the suggestions of the accident investigation team.
(12) List of members of the investigation team (including name, work unit, position, professional title, position in the investigation team, signature, etc.). ).
(13) Other relevant materials.
The closing materials of death and the following accidents should be selected from the above projects according to national regulations and actual needs.
50. Articles 54 to 57 "Answers": Answers to fatal accidents are uniformly entitled "Answers to opinions on the investigation and handling of fatal accidents". The unit responsible for major fatal accidents shall submit the final report to the Ministry of Railways for approval, with the unified title of "Report on the Investigation and Handling of Major Fatal Accidents". "××××××" refers to the name of the deceased, and "××××××××" can be the accident unit, accident location, accident date, etc. "Accident unit" refers to the name of the enterprise above the railway sub-bureau. The "accident scene" is represented by an easily recognizable geographical name. "Accident date" is expressed by the month and date of the accident.
5 1. Article 61 "Number of employees": The number of people who arrived at the end of the reporting period may be used for actual declaration.
Article 62 "Temporary disability injury" refers to the injury that causes workers to lose their ability to work for a short time, temporarily unable to work in their original posts, and can recover their ability to work after being cured.
Article 62 "Permanent partial disability" refers to the permanent loss of function of some limbs and organs of workers and the injury that cannot be recovered.
Article 62 "Permanent total disability injury" refers to the injury that refers to the total loss of working ability of workers.
55. Article 64 "Converted turnover": The figures published by the Statistics Department of the Ministry of Railways shall prevail.
Article 64 "Business Department" refers to the main transportation business within the railway bureau, including train services (including passenger transport, freight transport, loading and unloading), maintenance (including water and electricity, power supply), public works, electricity services, vehicles and other units, excluding engineering, overhaul, industry, housing construction, sideline, life, education, health, diversified operations, scientific research institutes and other units.
Article 65 "Failure to cooperate with the investigation by the accident investigation team" refers to all acts that deliberately hinder or affect the smooth evidence collection by the accident investigation team.