I. "Production Safety Accident Report and Investigation and Handling Regulations"

1. The Regulations on Production Safety Accident Reporting and Investigation and Handling has been passed at the 172th executive meeting of the State Council on March 28, 2007, and will take effect on June 1, 2007. The "Production Safety Accident Report and Investigation and Handling Regulations" are divided into six parts: general rules, accident reports, accident investigations, accident handling, legal liability, and supplementary regulations. There are six chapters and 46 articles. The basis for its formulation is: "Safety Production Law of the People's Republic of China" and related laws, the purpose is to standardize the production safety accident report and investigation and handling, and implement the responsibility investigation system for production safety accidents to prevent and reduce the occurrence of production safety accidents.

These Regulations apply to the reporting and investigation of production safety accidents that result in personal injury or death or direct economic loss in production and business activities.

In general, the classification of production safety accidents is clearly defined:

(1) A particularly serious accident refers to an accident that causes more than 30 deaths, or more than 100 serious injuries (including acute poisoning, the same below), or direct economic losses of more than 100 million yuan;

(2) A major accident refers to an accident that causes more than 10 deaths of 30 or less, or serious injuries of 50 or more and 100 or less (including acute poisoning, the same below), or direct economic losses of more than 50 million yuan and less than 100 million yuan;

(3) A major accident refers to an accident that causes more than 3 persons and more than 10 deaths, or 10 or more serious injuries (including acute poisoning, the same below), or direct economic losses of 10 million yuan or more and 50 million yuan or less;

(4) General accidents refer to accidents that cause deaths of less than 3 persons, or serious injuries of less than 10 persons (including acute poisoning, the same below), or direct economic losses of less than 10 million yuan.

The above-mentioned "above" includes the number, and "below" does not include the number.

2. The “accident report” clarifies the requirements for the time limit for reporting: “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 of the accident, the person in charge of the unit shall, within one hour, report to the county at the place where the accident occurred. The above-mentioned reports of the safety production supervision and administration departments of the people's government and the relevant departments responsible for the supervision and management of production safety shall be stipulated; the government management level to which the accident level is reported shall be stipulated, “the time for reporting at each level shall not exceed 2 hours”.

3. The “accident investigation” stipulates the authority for investigation and handling of accidents: special accidents are organized by the State Council or the relevant department authorized by the State Council to organize an accident investigation team to conduct investigations. Major accidents, major accidents, and general accidents are investigated by the provincial people's government at the place where the accident occurred, the municipal people's government at the district, and the people's government at the county level. The provincial people's government, the municipal people's government of the district, and the people's government at the county level may directly organize the accident investigation team to conduct investigations. For general accidents that cause no casualties, the county-level people's government may also entrust the accident-causing unit to organize an accident investigation team to conduct an investigation.

The deadline for submitting the accident investigation report is also specified: within 60 days from the date of the accident; in special circumstances, the time limit for submitting the accident investigation report may be extended with the approval of the people's government responsible for the accident investigation, but the extension period is the most It is no longer than 60 days.

4. The “accident handling” stipulates the time limit for the approval of the accident investigation report, the implementation and supervision of the accident handling.

5. "Legal Responsibilities" shall be imposed on the economic penalties and public security penalties of the accident-generating unit, the main person in charge of the accident-generating unit, the intermediary agency, the relevant local people's government or relevant departments, the staff of the state organs, and the personnel involved in the accident investigation in violation of relevant regulations. And the provisions for criminal responsibility.

6. The "Supplementary Provisions" mainly describe the "Interim Provisions on the Investigation Procedures for Special Major Accidents" promulgated by the State Council on March 29, 1989 and the "Report on Casualty Accidents of Enterprise Workers" promulgated on March 29, 1991 after the implementation of the "Regulations" came into effect. And the handling regulations are abolished on their own.
Second, the accident report and investigation and handling system

1. Accident report;

A production safety accident has occurred. The relevant personnel at the scene of the accident should immediately report to the person in charge of the unit. After receiving the accident report, the person in charge of the unit must report the relevant government management department immediately and truthfully according to the regulations. Any unit or individual may not conceal, report or delay reporting or delay reporting on safety production accidents.

2. Accident investigation;

In the event of a safety production accident, it shall be investigated and dealt with according to the regulations. The handling of the accident must adhere to the “four not letting go”, that is, the cause and nature of the accident are not checked, the preventive measures are not implemented, the accident-responsible person and the employee Those who have not been educated and have not been taken care of, and those responsible for the accident have not been dealt with.

3. Principles of accident investigation and handling:

The main purpose and significance of the accident investigation and treatment is: through the investigation of accidents, scientific analysis of the causes of accidents, summing up the lessons and laws of accidents, and proposing targeted measures to prevent the recurrence of similar accidents, to warn future generations, this is The true purpose and significance of the accident investigation process.

Accident investigation and handling shall comply with the following principles;

(1) Seek truth from facts and respect the principles of science;

(2) The principle of “four not letting go”;

(3) the principle of fairness and openness;

(4) Principles of hierarchical classification survey processing.

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