Regulations on reporting, investigation and handli

2022-09-23
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Regulations on the reporting, investigation and handling of production safety accidents

the regulations on the reporting, investigation and handling of production safety accidents, which was adopted at the 172nd executive meeting of the State Council on March 28, 2007, is hereby promulgated and shall enter into force as of June 1, 2007

Premier Wen Jiabao

April 9, 2007

regulations on the reporting, investigation and handling of production safety accidents

Chapter I General Provisions

Article 1 in order to standardize the reporting, investigation and handling of production safety accidents, implement the investigation system of production safety accidents, prevent and reduce production safety accidents, according to the "law of the people's Republic of China on safe production of local test products and operators" and relevant laws, Formulate these regulations

Article 2 These Regulations are applicable to the report, investigation and handling of production safety accidents that cause casualties or direct economic losses in production and business activities; These Regulations are not applicable to the reporting, investigation and handling of environmental pollution accidents, nuclear facility 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 levels:

(I) particularly serious accidents refer to accidents that cause more than 30 deaths, control the opening and direction of servo valves, or serious injuries to more than 100 people (including acute industrial poisoning, the same below), or direct economic losses of more than 100million yuan

(2) major accidents refer to accidents that cause more than 10 deaths and less than 30 deaths, or more than 50 serious injuries and less than 100 serious injuries, or direct economic losses of more than 50million yuan and less than 100million yuan

(III) major accidents refer to accidents that cause more than 3 but less than 10 deaths, or more than 10 but less than 50 serious injuries, or direct economic losses of more than 10million yuan but less than 50million yuan

(IV) general accidents refer to accidents that cause less than 3 deaths, less than 10 serious injuries, or direct economic losses of less than 10million yuan

the work safety supervision and Administration Department of the State Council may, together with the relevant departments of the State Council, formulate supplementary provisions on the classification of accident levels

the term "above" in the first paragraph of this article includes this number, and the term "below" does not include this number

Article 4 the accident report shall be timely, accurate and complete. No unit or individual shall delay, omit, lie or conceal the accident report

accident investigation and handling should adhere to the principles of seeking truth from facts and respecting science, timely and accurately investigate the accident process, accident causes and accident losses, identify the nature of the accident, identify the accident, summarize the lessons of the accident, put forward rectification measures, and investigate the accident victims according to law

Article 5 people's governments at or above the county level shall strictly perform their duties and complete the investigation and handling of accidents in a timely and accurate manner in accordance with the provisions of these regulations

the relevant local people's government at the place where the accident occurred shall support and cooperate with the higher people's government or relevant departments in the investigation and handling of the accident, and provide necessary facilities

departments and units participating in accident investigation and handling should cooperate with each other to improve the efficiency of accident investigation and handling

Article 6 the trade union shall participate in the accident investigation and handling according to law, and has the right to put forward handling opinions to the relevant departments

Article 7 No unit or individual shall obstruct or interfere with the report of the accident and the investigation and handling according to law

Article 8 Any unit or individual has the right to report the illegal acts in the accident report and investigation and handling to the work safety supervision and administration department, the supervision organ or other relevant departments, and the department receiving the report shall deal with them in a timely manner according to law

Chapter II accident report

Article 9 after an accident occurs, 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 work safety supervision and Administration Department of the people's government at or above the county level in the place where the accident occurred and the relevant departments responsible for the supervision and administration of the whole production by pressing the "tighten" button on the control box

in case of emergency, the relevant personnel at the scene of the accident can directly report to the work safety supervision and Administration 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 administration

Article 10 after receiving the accident report, the work safety supervision and administration department and the relevant departments responsible for the work safety supervision and administration shall report the accident according to the following provisions, and notify the public security organ, the labor security administrative department, the trade union and the people's Procuratorate:

(I) particularly serious accidents Major accidents shall be reported level by level to the work safety supervision and Administration Department of the State Council and the relevant departments responsible for the work safety supervision and administration

(II) major accidents shall be reported level by level to the work safety supervision and Administration Department of the people's Government of the province, autonomous region and municipality directly under the central government and the relevant departments responsible for the work safety supervision and administration

(III) general accidents shall be reported to the work safety supervision and Administration Department of the Municipal People's government divided into districts and the relevant departments responsible for the work safety supervision and administration

the work safety supervision and administration department and the relevant departments responsible for the work safety supervision and administration shall report the accident to the people's government at the same time in accordance with the provisions of the preceding paragraph. The work safety supervision and Administration Department of the State Council and the relevant departments responsible for the work safety supervision and administration as well as the provincial level

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