Production and business units should do the following work:
First, organize accident rescue
(a) to formulate emergency rescue plans according to law
(two) immediately start the emergency rescue plan and take effective measures to rescue.
Two. Report an accident
(1) reporting procedure
1. After a production safety accident occurs in a production and business operation entity, the relevant personnel at the scene of the accident shall immediately report to the person in charge of the entity.
2. 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 where the accident occurred and the relevant departments responsible for safety production supervision and management within 1 hour.
3. 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.
4. If there is any new situation after the accident report, it shall be reported in time. 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.
(2) the contents of the report
The accident report shall include the following contents: 1. General situation of accident unit; 2. The time, place and scene of the accident; 3. A brief description of the accident; 4. The number of casualties caused or likely to be caused by the accident (including the number of people unaccounted for) and the preliminary estimated direct economic losses; 5. Measures already taken; 6. Other circumstances that should be reported.
(three) shall not conceal, lie or delay the report.
After a production safety accident occurs, the production and business operation entity and its responsible person shall report the accident information to the government and its safety supervision and management departments in a timely and accurate manner, and shall not conceal, falsely report or delay the report. If the production and business operation entity or its responsible person conceals, makes a false report or delays reporting, it will be demoted or dismissed, and the safety production supervision and management department will impose a fine of 60% to 100% of its annual income; If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.
3. Cooperate with accident investigation
(1) accident level
According to the casualties or direct economic losses caused by production safety accidents, accidents are generally divided into the following grades: 1. A particularly serious accident refers to an accident that killed more than 30 people, 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 10 and less than 30 people to die, or more than 50 people are seriously injured 100, or more than 50 million yuan but less than 65,438 billion yuan to cause direct economic losses; 3. A major accident refers to an accident that causes more than 3 deaths 10, or serious injuries to more than 50 people 10, or direct economic losses of more than 10 million yuan but less than 50 million yuan; A general accident refers to an accident that causes less than 3 deaths, or serious injuries 10, or direct economic losses 10 million yuan. The aforementioned "above" includes the number, and "below" does not include the number.
(2) accident investigation object
Particularly serious accidents shall be investigated by accident investigation teams organized by relevant departments authorized by the State Council or the State Council. 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 can directly organize accident investigation teams to investigate, or they can authorize or entrust relevant departments to organize accident investigation teams to investigate.
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.
Three. Content and time limit of accident investigation report
1. Contents of accident investigation report
The accident investigation report shall include the following contents:
(1) Overview of the accident unit;
(2) Accidents 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;
(6) 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. The accident investigation report does not have independent integrity, direct legal binding force and administrative effect, and is non-reconsiderable and actionable. After the report is submitted, if the relevant people's government thinks that the facts identified in the report are unclear, the nature is inaccurate and the responsibilities are unclear, it has the right to re-investigate or supplement the investigation.
2. Time limit for accident investigation
(1) Time limit for submitting accident investigation report
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 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.
(2) Time limit for examination and approval of accident investigation report
For 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.
The reply of the accident investigation report is the legal basis for handling the accident. If the administrative counterpart has any objection, he may file an administrative reconsideration or an administrative lawsuit.
(4) Cooperate with accident investigation.
1. Protect the site
After the accident, the production and business operation entities and their personnel shall properly protect the scene of the accident and relevant evidence, and shall not 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.
2. Submit investigation materials
(1) According to the requirements of the accident investigation team, state the situation related to the accident and provide relevant documents and materials;
(two) the person in charge of the production and business operation entity and the 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 the relevant information truthfully.
(3) In the process of accident investigation, the production and business operation entity and its relevant personnel shall not commit the following acts: a. Forge or intentionally destroy the scene of the accident; Transfer, conceal funds and property, or destroy relevant evidence and materials; (three) refused to accept the investigation or provide relevant information and materials; D. Perjury or instructing others to commit perjury; He ran away after the accident. Otherwise, it will be demoted or dismissed, and the safety production supervision and management department will impose a fine of 60% to 100% of the annual income of the previous year; Those who escape shall be detained for less than fifteen days; If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.
Fourth, carry out comprehensive rectification.
Accident investigation and handling should follow the principles of scientific rigor, compliance with laws and regulations, seeking truth from facts and paying attention to practical results. We should not only find out the cause of the accident in time and accurately, but also find out the nature and responsibility of the accident, sum up the lessons of the accident, put forward rectification measures and make suggestions to those responsible for the accident. The production and business operation entity that has an accident shall earnestly draw lessons from the accident and implement preventive and rectification measures to prevent the accident 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.
Verb (abbreviation for verb) recognition and compensation
1. The production and business operation entity shall apply for the identification of the nature of work-related injuries in accordance with the Regulations on Work-related Injury Insurance, pay the work-related injury benefits in full and on time, and assist the disabled and deceased employees or their families to apply for work-related injury insurance benefits.
2. Where a production and business operation entity causes injuries or property losses to others (non-employees) due to production safety accidents, it shall negotiate in time and actively compensate in accordance with the provisions of the General Principles of the Civil Law and the Tort Liability Law.
3 production and business units shall, in accordance with relevant laws and regulations and the rules and regulations of the unit, commend and reward the employees who have made outstanding performance in the rescue of production safety accidents.
4. Responsibility for investigating accidents
(a) the production and business operation entity shall, in accordance with the relevant laws and regulations of the entity, promptly punish the responsible person who suggested that the entity should be punished in the accident investigation report.
(2) The production and business operation entity shall, in accordance with the provisions of the General Principles of the Civil Law, the Tort Liability Law, the Labor Law and the labor contract agreement, investigate the liability for compensation for the personnel who are seriously at fault in production safety accidents.
legal ground
People's Republic of China (PRC) Emergency Response Law;
Article 22
All units shall establish and improve the safety management system, regularly check the implementation of various safety precautions of their own units, and eliminate hidden dangers of accidents in time;
Grasp and deal with the problems that may cause social security incidents in this unit in time to prevent the intensification of contradictions and the expansion of the situation;
The unexpected events that may occur in this unit and the situation of taking safety precautions shall be reported to the local people's government or the relevant departments of the people's government in a timely manner in accordance with the regulations.