Production safety accidents refer to accidents that suddenly occur in the production and business operation activities of production and business operation entities that endanger personal safety and health, or damage equipment and facilities, or cause economic losses, resulting in the temporary suspension or permanent termination of the original production and business operation activities. The following is the Regulations on Handling Investigation Reports of Production Safety Accidents compiled by me. Welcome to read!
Regulations on reporting, investigation and handling of production safety accidents
Chapter I General Principles
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, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on Work Safety and other relevant laws.
Article 2 These Regulations shall apply to the reporting, investigation and handling of production safety accidents that cause personal injury or direct economic losses in production and business activities; These Regulations shall not apply to the reporting, investigation and handling of environmental pollution accidents, nuclear facilities accidents and national defense scientific research and production accidents.
Article 3 According to the casualties or direct economic losses caused by production safety accidents (hereinafter referred to as accidents), accidents are generally divided into the following grades:
(1) A particularly serious accident refers to an accident that killed more than 30 people at a time, or seriously injured more than 1 000 people (including acute industrial poisoning, the same below), or caused direct economic losses of more than1100 million yuan;
(2) A major accident refers to an accident that causes more than 30 people to die 10, or more than 50 people to be seriously injured 100, or more than 50 million yuan1000, resulting in direct economic losses;
(3) A major accident refers to an accident that causes more than 3 people to die 10, or more than 10 and less than 50 people to be seriously injured, or more than 10 and less than 50 million yuan in direct economic losses;
(4) General accidents refer to accidents that cause less than 3 deaths, or serious injuries 10, or direct economic losses 10 million yuan.
The safety production supervision and management department of the State Council may, jointly with relevant departments of the State Council, formulate supplementary provisions on accident classification.
As mentioned in the first paragraph of this article? Above? Including this number, the so-called? Below? Not including this number.
Article 4 The accident report shall be timely, accurate and complete, and no unit or individual may delay, omit, falsely report or conceal it.
Accident investigation and handling should adhere to the principle of seeking truth from facts and respecting science, timely and accurately identify the accident process, accident cause and accident loss, identify the nature of the accident, identify the accident responsibility, summarize the accident lessons, put forward rectification measures, and investigate the responsibility of the person responsible for the accident according to law.
Fifth people's governments at or above the county level shall, in accordance with the provisions of these regulations, strictly perform their duties and complete the investigation and handling of accidents in a timely and accurate manner.
The local people's government concerned at the place where the accident occurred shall support and cooperate with the investigation and handling of the accident by the people's government at a higher level or the relevant departments, and provide necessary facilities.
Departments and units involved in accident investigation and handling shall cooperate with each other to improve the efficiency of accident investigation and handling.
Article 6 Trade unions shall participate in accident investigation and handling according to law and have the right to put forward handling opinions to relevant departments.
Article 7 No unit or individual may obstruct or interfere with accident reporting and investigation and handling according to law.
Article 8 Any unit or individual has the right to report the accident report and the illegal acts in the investigation and handling to the safety production supervision and management department, the supervisory organ or other relevant departments, and the department that receives the report shall promptly handle them according to law.
Chapter II Accident Report
Ninth after the accident, the relevant personnel at the scene of the accident shall immediately report to the person in charge of the unit; After receiving the report, the person in charge of the unit shall report to the safety production supervision and management department of the people's government at or above the county level and the relevant departments responsible for safety production supervision and management within 1 hour.
In case of emergency, the relevant personnel at the scene of the accident can directly report to the safety production 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 safety production supervision and management.
Article 10 After receiving the accident report, the safety production supervision and management department and the relevant departments responsible for the safety production supervision and management shall report the accident in accordance with the following provisions, and notify the public security organ, the administrative department of labor security, the trade union and the people's procuratorate:
(a) especially serious accidents, major accidents reported to the the State Council municipal production safety supervision and management departments and relevant departments responsible for the supervision and management of production safety;
(two) major accidents to the provinces, autonomous regions and municipalities directly under the central government, the supervision and administration of production safety departments and relevant departments responsible for the supervision and administration of production safety report;
(3) General accidents shall be reported to the safety production supervision and management department of the Municipal People's Government with districts and the relevant departments responsible for safety production supervision and management.
Safety production supervision and management departments and relevant departments responsible for safety production supervision and management shall report accidents to the people's government at the same level in accordance with the provisions of the preceding paragraph. The safety production supervision and management department of the State Council and the relevant departments responsible for safety production supervision and management, as well as the provincial people's government, shall immediately report to the State Council after receiving the reports of particularly serious accidents and major accidents.
When necessary, the safety production supervision and management department and the relevant departments responsible for safety production supervision and management can report the accident leapfrog.
Eleventh production safety supervision and management departments and relevant departments responsible for the supervision and management of production safety shall report the accident situation step by step, and the reporting time at each level shall not exceed 2 hours.
Twelfth accident report shall include the following contents:
(a) the general situation of the accident unit;
(2) The time, place and scene of the accident;
(3) A brief description of the accident;
(four) the number of casualties (including the number of people unaccounted for) that have been caused or may be caused by the accident and the preliminary estimated direct economic losses;
(5) Measures already taken;
(6) Other circumstances that should be reported.
Thirteenth after the accident report, the new situation should be reported in a timely manner.
If the number of casualties caused by the accident changes within 30 days from the date of the accident, it shall be reported in time. If the number of casualties caused by road traffic accidents or fire accidents changes within 7 days from the date of occurrence, it shall be reported in time.
Article 14 After receiving the accident report, the person in charge of the accident unit shall immediately start the corresponding accident emergency plan, or take effective measures to organize rescue to prevent the accident from expanding and reduce casualties and property losses.
Fifteenth relevant local people's governments, production safety supervision and management departments and relevant departments responsible for the supervision and management of production safety in the accident place shall immediately rush to the scene of the accident and organize accident rescue after receiving the accident report.
Sixteenth after the accident, the relevant units and personnel shall properly protect the scene of the accident and relevant evidence, and no unit or individual may damage the scene of the accident or destroy relevant evidence.
If it is necessary to move the objects at the scene of the accident for reasons such as saving lives, preventing the accident from expanding, and diverting traffic, it shall make a sign, draw a sketch of the scene and make a written record, and properly preserve the important traces and physical evidence at the scene.
Article 17 The public security organ at the place where the accident occurred shall, according to the accident situation, file a case for investigation according to law and take compulsory investigation measures. If a criminal suspect escapes, the public security organ shall promptly pursue and bring him to justice.
Eighteenth production safety supervision and management departments and relevant departments responsible for the supervision and management of production safety shall establish a duty system, announce the telephone number on duty to the public, and accept accident reports and reports.
Chapter III Accident Investigation
Nineteenth particularly serious accidents by the State Council or the State Council authorized the relevant departments to organize an accident investigation team to investigate.
Major accidents, major accidents and general accidents shall be investigated by the provincial people's government, the municipal people's government divided into districts and the people's government at the county level respectively. Provincial people's governments, municipal people's governments and county people's governments may directly organize accident investigation teams to conduct investigations, or may authorize or entrust relevant departments to organize accident investigation teams to conduct investigations.
In general accidents that have not caused casualties, the people's government at the county level may also entrust the accident unit to organize an accident investigation team to investigate.
Article 20 When the people's government at a higher level deems it necessary, it may investigate the accidents investigated by the people's government at a lower level.
Within 30 days from the date of the accident (within 7 days from the date of the road traffic accident or fire accident), if the accident level changes due to the change of the number of casualties, the people's government at a higher level shall be responsible for the investigation in accordance with the provisions of these regulations, and the people's government at a higher level may separately organize an accident investigation team to investigate.
Article 21. If the accident place and the accident unit are not in the same administrative area at or above the county level, the people's government of the accident place shall be responsible for the investigation, and the people's government of the accident place shall send people to participate.
Article 22 The composition of the accident investigation team shall follow the principle of simplicity and high efficiency.
According to the specific circumstances of the accident, the accident investigation team is composed of relevant people's governments, safety production supervision and management departments, relevant departments responsible for safety production supervision and management, supervisory organs, public security organs and trade unions, and people's procuratorates are invited to send people to participate.
The accident investigation team may employ relevant experts to participate in the investigation.
Twenty-third members of the accident investigation team should have the knowledge and expertise needed for accident investigation, and have no direct interest in the accident under investigation.
Article 24 The head of the accident investigation team shall be appointed by the people's government in charge of accident investigation. The head of the accident investigation team presided over the work of the accident investigation team.
Twenty-fifth accident investigation team shall perform the following duties:
(a) to find out the course, cause, casualties and direct economic losses of the accident;
(2) Identification of the nature and responsibility of the accident;
(three) to put forward suggestions for handling those responsible for the accident;
(four) summarize the lessons of the accident and put forward preventive and corrective measures;
(5) Submit the accident investigation report.
Twenty-sixth accident investigation team has the right to ask the relevant units and individuals about the accident and ask them to provide relevant documents and materials, and the relevant units and individuals shall not refuse.
The person in charge of the accident unit and relevant personnel shall not leave their posts without leave during the accident investigation, and shall accept the inquiry of the accident investigation team at any time and provide relevant information truthfully.
If a suspected crime is found in the accident investigation, the accident investigation team shall promptly hand over the relevant materials or their copies to the judicial organs for handling.
Twenty-seventh accident investigation requires technical appraisal, the accident investigation team shall entrust a unit with the qualifications prescribed by the state to carry out technical appraisal. When necessary, the accident investigation team can directly organize experts to conduct technical appraisal. The time required for technical appraisal is not included in the accident investigation period.
Twenty-eighth members of the accident investigation team should be honest and fair, fulfill their duties, abide by the discipline of the accident investigation team, and keep the secret of the accident investigation.
Without the permission of the head of the accident investigation team, members of the accident investigation team shall not release information about the accident without authorization.
Twenty-ninth 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 in charge of accident investigation, the time limit for submitting the accident investigation report may be appropriately extended, but the longest time shall not exceed 60 days.
Thirtieth accident investigation report shall include the following contents:
(a) the general situation of the accident unit;
(two) the accident and accident rescue;
(3) Casualties and direct economic losses caused by the accident;
(4) the cause and nature of the accident;
(five) the identification of accident responsibility and suggestions on the handling of those responsible for the accident;
(six) accident prevention and rectification measures.
The accident investigation report shall be accompanied by relevant evidential materials. The members of the accident investigation team shall sign the accident investigation report.
Thirty-first after the accident investigation report is submitted to the people's government in charge of accident investigation, the accident investigation is over. Relevant materials for accident investigation shall be filed and kept.
Chapter IV Handling of Accidents
Thirty-second major accidents, major accidents and general accidents, the people's government responsible for accident investigation shall make a reply within 05 days from the date of receiving the accident investigation report; For particularly serious accidents, a reply shall be made within 30 days. Under special circumstances, the reply time may be appropriately extended, but the longest extension time shall not exceed 30 days.
With the approval of the people's government and in accordance with the authority and procedures prescribed by laws and administrative regulations, the relevant authorities shall impose administrative penalties on the units and personnel involved in the accident, and impose sanctions on the state staff responsible for the accident.
The accident unit shall, with the approval of the people's government in charge of accident investigation, deal with the persons responsible for the accident.
If the person responsible for the accident is suspected of committing a crime, he shall be investigated for criminal responsibility according to law.
Thirty-third accident units should seriously learn the lessons of accidents, implement preventive and corrective measures to prevent accidents from happening again. The implementation of preventive and rectification measures shall be subject to the supervision of trade unions and workers.
Safety production supervision and management departments and relevant departments responsible for safety production supervision and management shall supervise and inspect the implementation of preventive and corrective measures by accident units.
Article 34 The handling of accidents shall be announced to the public by the people's government in charge of accident investigation or the relevant departments and institutions authorized by it, unless it should be kept confidential according to law.
Chapter V Legal Liability
Thirty-fifth accident unit is mainly responsible for one of the following acts, a fine of 40% to 80% of the previous year's income; Those who belong to national staff shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) do not immediately organize accident rescue;
(2) Delaying reporting or omitting reporting the accident;
(3) AWOL in the process of accident investigation and handling.
Thirty-sixth accident unit and its related personnel have one of the following acts, and impose a fine of 6,543,800 yuan and 5 million yuan on the accident unit; Fines of 60% to 6000% of the annual income of the principal responsible person, the directly responsible person in charge and other directly responsible personnel; Those who belong to national staff shall be punished according to law; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) lying or concealing the accident;
(two) forgery or intentional destruction of the scene of the accident;
(3) Transferring or concealing funds or property, or destroying relevant evidence and materials;
(four) refused to accept the investigation or refused to provide relevant information and materials;
(5) committing perjury or instructing others to commit perjury in accident investigation;
(6) escape after the accident.
Thirty-seventh accident units responsible for the accident, shall be fined in accordance with the following provisions:
(a) general accident, a fine of 6.5438+10,000 yuan but not more than 200,000 yuan;
(two) a major accident, a fine of 200 thousand yuan and 500 thousand yuan;
(three) a major accident, a fine of 500 thousand yuan and 2 million yuan;
(four) in the event of a particularly serious accident, a fine of 2 million yuan to 5 million yuan shall be imposed.
Thirty-eighth the main person in charge of the accident unit fails to perform the duties of safety production management according to law, which leads to the accident, and shall be fined in accordance with the following provisions; Those who belong to national staff shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) in the event of a general accident, a fine of 30% of the annual income of the previous year shall be imposed;
(two) a major accident, a fine of 40% of the previous year's income;
(three) a major accident, a fine of 60% of the previous year's income;
(four) in the event of a particularly serious accident, a fine of 80% of the annual income of the previous year shall be imposed.
Article 39 If the relevant local people's government, the supervision and administration department of production safety and the relevant departments responsible for the supervision and administration of production safety commit any of the following acts, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) do not immediately organize accident rescue;
(2) Delaying reporting, omitting reporting, making false reports or concealing accidents;
(3) Obstructing or interfering with accident investigation;
(4) committing perjury or instructing others to commit perjury in accident investigation.
Fortieth accident units responsible for the accident, the relevant departments shall temporarily suspend or revoke the relevant licenses; Relevant personnel who are responsible for the accident in the accident unit shall suspend or revoke their professional qualifications and job certificates related to production safety according to law; If the principal responsible person of an accident unit is subject to criminal punishment or dismissal, he shall not be the principal responsible person of any production and business operation unit within five years from the date of completion of the punishment or punishment.
Intermediaries that provide false certificates for the units that have accidents shall be temporarily suspended or revoked by the relevant departments according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-first people involved in the accident investigation have one of the following acts in the accident investigation, and shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) irresponsible for the accident investigation, resulting in major omissions in the accident investigation;
(2) shielding or protecting the person responsible for the accident or taking the opportunity to take revenge.
Forty-second in violation of the provisions of this Ordinance, the relevant local people's government or the relevant departments deliberately delay or refuse to implement the approved opinions on the handling of the person responsible for the accident, and the supervisory organ shall punish the person responsible according to law.
Article 43 The administrative penalty for the fine stipulated in these Regulations shall be decided by the supervision and administration department of production safety.
Where there are other provisions in laws and administrative regulations on the types, ranges and decision-making organs of administrative punishment, those provisions shall prevail.
Chapter VI Supplementary Provisions
Article 44 If the State Council or the local people's government considers it necessary to investigate and deal with accidents that have not caused casualties but have a bad social impact, it shall be implemented in accordance with the relevant provisions of these Regulations.
The accident reporting, investigation and handling of state organs, institutions and people's organizations shall be carried out with reference to the provisions of these regulations.
Article 45 Where there are other provisions in relevant laws, administrative regulations and the State Council on the reporting, investigation and handling of particularly serious accidents, those provisions shall prevail.
The forty-sixth of this Ordinance since June 6, 2007. 1The Interim Provisions on the Investigation Procedure of Particularly Serious Accidents issued by the State Council on March 29th, 989 and the Provisions on the Reporting and Handling of Casualty Accidents of Enterprise Employees issued on February 22nd,199/year shall be abolished at the same time.
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