生产安全事故报告和调查处理条例英文版

生产安全事故 报告 软件系统测试报告下载sgs报告如何下载关于路面塌陷情况报告535n,sgs报告怎么下载竣工报告下载 和调查处理条例英文版 Byelaw governing reporting, investigation and handling of production safety accidents An order by PRC State Council No 493 “The Byelaw governing reporting, investigation and handling of production safety accidents” ndwas adopted at 172 session of standing committee of State Council on Mar 28, 2007. It is hereby publicized and shall be implemented starting Jun1, 2007. Wen Jiabao, Premier of State Council Dated Apr 9, 2007 Byelaw governing reporting, investigation and handling of production safety accidents Chapter 1 General Rules Art 1. This byelaw is drawn up in accordance with “Safety Production Law of the PRC” and other relevant laws for the purposes of regulating the reporting and handling of production safety accidents, implementing responsibility recourse for production safety accidents and preventing and reducing production safety accidents. Art. 2. Reporting and handling of the production safety accidents that have happened during production and business activities and operations resulting in bodily injuries and deaths or direct economic losses shall be applicable to this byelaw. Reporting, investigating and handling of accidents in environmental contamination, nuclear facilities, and defense scientific research and production shall not be applicable to this byelaw. Art 3. Accidents shall be in general, divided into the following levels in terms of bodily injuries and deaths or direct economic losses resulted in by the production safety accidents (hereafter as “accident”): 1) Particularly serious accident: refers to accident that has resulted in over 30 cases of death or over 100 cases of serious injuries/wounds (including acute industrial poisoning, same hereafter) or over 100 million RMB direct economic losses; 2) Major accident: refers to accident that has caused over 10 but below 30 cases of death, or over 50 cases but below 100 of serious injuries /wounds, or direct economic losses amounting to over 50 million but below 100 million RMB; 3) Serious accident: refers to accident that has resulted in over 3 but below 10 cases of death, or over 10 but below 50 cases of serious injuries /wounds, or direct economic losses over 10 million but below 50 million RMB; 4) Accident of minor seriousness refers to accident that has resulted in below 3 cases of death, or below 10 cases of serious injuries /wounds or direct economic losses of below 10 million RMB. Production safety supervisory dept of the State Council may together with other State Council departments, draw up supplemental rules for the categorizing of accidents. “Over” as used in clause 1 of the article includes the original number and “below” does not include the original number. Art 4. Reporting of accident that has happened shall be in time, accurate, complete and no unit or individual shall be allowed to delay the reporting, miss any content, falsify or hide any fact in the report. Investigation and handling of the accident shall be based on the principle of “seeking truth through facts, and respecting science”. It shall be task of such investigation and handling to in a timely and accurate manner, get clear about the process of the accident, its causes and losses resulted in, find out and establish the nature of the accident, and establish responsibilities and then sum up lessons that should be drawn from the accident and come up with rectification action plan and also affix legal liability on the persons responsible for the accident. Art5. People’s government from county level up, shall as per this byelaw, strictly perform its duty and complete the investigation and handling of accident in a timely and accurate manner. Government in the locality where the accident has happened shall support and cooperate with the superior government department or other relevant department in the investigation and handling of accident and provide necessary convenience and facilities. Departments and units participating in the accident investigation and handling shall cooperate with each other for better efficiency in the job. Art 6. Trade Union Council shall participate in the accident investigation and handling as per relevant law, and shall have the right to present its proposals and suggestions about the handling of accident to relevant department. Art 7. No unit or individual shall be allowed to impede or intervene in the reporting of accident and the lawful investigation and handling of the accident. Art 8. Any unit or individual shall have the right to report to and inform the production safety supervisory department, supervision department or other relevant department of the law-breaching acts during the accident investigation and handling. And those departments that have received such reports and information shall proceed to treat it as per relevant law in good time Chapter 2 Reporting of the Accident Art 9. After the accident has happened, relevant persons on site of accident shall immediately report to the person responsible of own unit, who, upon receiving the report, shall within 1 hour, report to the production safety supervision department in the local government from country level up, and to relevant department that is responsible for production safety supervision. Where situation is critical relevant person on the site of accident may directly report to the production safety supervision department in the local government from country level up, and to relevant department that is responsible for production safety supervision. Art 10. Upon receiving such report, the production safety supervision department in the local government from country level up, and relevant department that is responsible for production safety supervision shall as per rules listed below, report to public security department, labor security admin department, trade union and the people’s procuratorate: For particular serious accident and major accident, level by level up to the production safety supervision department of State Council and relevant departments responsible for production safety supervision For serious accidents, level by level up to the production safety supervision department of government at provincial, autonomous region, municipalities directly under central government level and relevant departments responsible for production safety supervision For accidents of minor seriousness, to city level government where production safety supervision department and relevant depart responsible for production safety supervision are set up. The production safety supervision department and relevant depart responsible for production safety supervision shall report to their superiors the way described in the previous clause and at the same time, shall report to the government at the level equal to their own. Production safety supervision department and relevant depart responsible for production safety supervision at the State Council and provincial government, on receiving reports about particularly serious accidents / major accidents, shall immediately report to the State Council. When necessary production safety supervision department and relevant depart responsible for production safety supervision may jump the levels in between in reporting to the superior departments. Art 11. In reporting the accidents level by level to production safety supervision departments and relevant depart responsible for production safety supervision, time for reporting to the superior at each level shall not exceed 2 hours. Art 12. Report of accidents shall include the following: 1) brief account of the unit where the accident has happened ; 2) Time, place of the accident and situation on site of the accident 3) Brief account of the accident 4) Number of casualties already resulted in or possibly resulted in (including number of the missing) and the initial estimate of direct economic loss ; 5) actions already taken; 6) Other info that should be reported. Art 13. Where new situation ensued after the occurrence of accident, the new situation shall be additionally reported in time. Within 30 days of the happening of the accident, the change of casualty number shall be additionally reported in time. With 7 days of the happening of road accident or fire accident, the change of casualty number shall be additionally reported in time. Art 14. Upon receiving the report about accident, the person responsible for the unit where the accident happened shall immediately activate contingency plans or take other effective actions to organize rescue and keep the accident from worsening to reduce casualties and property loss. Art 15. Upon receiving report about the accident, the people’s government, production safety supervision department and relevant depart responsible for production safety supervision, the persons responsible shall immediately hurry to the accident site to organize rescue and aid activities. Art 16. Relevant units and persons shall, after the accident has happened, properly keep the accident site intact and preserve the relevant evidence. No unit or individuals shall be allowed to damage the accident site or destroy relevant evidence. Where objects on the accidents have to be moved for purposes of rescuing people, keeping the accident from worsening and going further or clearing up traffic jams, marks shall be made and sketches shall be drawn and record in writing shall be made. Important imprints and other physical evidence shall be properly preserved. Art 17. Public security department of the locality where the accident has happened shall as per actuality of the accident, set up cases as per relevant law of those suspected of committing crimes and take compulsory actions and detective actions accordingly. Where the suspects have fled or hidden, the public security department shall speedily catch them to bring them to justice. Art 18. The production safety supervision department and relevant depart responsible for production safety supervision shall set up the duty system and publicize the phone number for calling the staff on duty in order to receive report and information. Chapter 3 Investigation of the Accident Art 19. For particularly serious accidents the State Council or the State Council authorized department shall organize investigation group for the investigation task. For major and serious accidents and accidents of minor seriousness, normally the provincial government, city level government, with jurisdiction over districts, and county level government shall be responsible for the investigation. The provincial government, city level government, with jurisdiction over districts, and county level government may directly organize investigation or may also authorize relevant department to organize investigation. For accidents of minor seriousness, government at county level also may authorize the unit where accident happened to organize investigation Art 20. When the superior level of government deems it necessary, he may make investigation into the accident investigated by the government under him. Within 30 days of the happening of the accident (7 days in the case of road traffic accident, fire accident), where nature of the accident changes due to the change of casualty number etc so that according to this byelaw, it should be investigated by government of a superior level, the superior level government may organize separately its investigation group for the accident. Art 21. For accidents whose nature is below serious accident, and where accident has happened at a place of administration other than where the unit is located, the accident shall be investigated by the government of the area where accident happened, while government of the administration area where the unit is located shall send relevant persons over to take part. Art 22. Composition of the accident investigation group shall be based on the principle of simplicity and efficiency. Depending on the actuality of the accident, accident investigation group shall be formed up by relevant people’s government, production safety supervision department, relevant department responsible for production safety supervision, supervision department, public security department and trade union. The local people’s procuratorate shall be invited, too. The investigation group may invite relevant specialists to be involved in the investigation. Art 23. Members of the investigation group shall possess knowledge and expertise required by the investigation into the accident and they shall have no relationship of whatever interest to the accident under investigation. Art 24. Group leader of the investigation shall be appointed by the people’s government responsible for the investigation. The group leader shall preside over the work in the group. Art 25. The investigation group shall perform the following duties: 1) Find out the cause of the accident and what have happened, casualty situation and direct economic losses 2) Establish the nature of the accident and affix the relevant responsibilities 3) Present opinion on the treatment of those responsible for the accident 4) Sum up lessons and experience and present preventive and corrective action plan 5) Present accident investigation report Art 26. The accident investigation group shall have the right to ask relevant unit and individuals for information related to the accident and request them to provide relevant documents, and material. The units and individuals asked shall not refuse the request. Person responsible for the unit where the accident has happened and relevant persons shall not leave their job posts unjustifiably and shall be constantly ready for the inquiries by the investigation group and offer truthful facts Where criminal acts are found out in the course of investigation, the investigation group shall immediately hand over the relevant material or its photo copy to the judicial department. Art 27. Where technical authentication is needed in the course of investigation into the accident, the investigation group shall entrust the authentication to the unit that has qualifications required by the state. When necessary, the investigation group may directly organize specialists for the technical authentication and appraisal. Time for technical appraisal and authentication shall not be included in the time limit of the accident investigation. Art 28. Members of the investigation group shall during the investigation, be honest, and fair minded, conscientious in performing their duties, follow discipline of the investigation group and keep secrete of the accident investigation. Without authorization by the group leader, members of the group shall not disclose any information related to the accident. Art 29. Within 60 days of happening of the accident, the investigation group shall present its investigation report. Under special circumstances, and with approval of the people’s government responsible for the accident investigation, the time limit set for presenting the investigation report may be appropriately extended. The time extended shall not exceed 60 days. Art 30. The investigation report shall include the following items: 1) Brief account of the unit where the accident has happened 2) An account of the accident and rescue/aid provided 3) Casualty number and direct economic losses 4) Causes of the accident and nature of the accident 5) Established responsibilities and opinion on treatment of those responsible for the accident 6) Preventive and corrective action plans The investigation report shall have relevant back up material attached to it. Members of the investigation group shall sign the report. Art 31. Once the investigation report is filed with the people’s government responsible for the investigation of the accident, investigation of the accident is ended. Relevant information and material of the accident investigation shall be committed to files and properly kept. Chapter 4 Handling of the Accident\ Art 32. For major accident, serious accident and accident of minor seriousness, the government responsible for the investigation shall, within 15 days of receiving report of accident, give a reply. For particularly serious accident, the government reply shall be made within 30 days. Under special circumstances, the time limit for answer can be extended appropriately. But extended time shall not exceed 30 days. Relevant departments shall, according to the government reply, proceed with administrative punishment for the relevant units and individuals and mete out punishment for government employees that are responsible for the accident as per relevant authority limits and procedures stipulated by relevant law, admin rules and regulations. The unit where the accident has happened shall as per the reply by the government responsible for the investigation, mete out punishment to the person of the unit responsible for the accident. Where persons responsible for the accident are suspected of criminal acts, criminal charges shall be pressed as per relevant law. Art 33. The unit where the accident has happened shall draw serious lessons from the accident and implement preventive and corrective action plan to keep accidents from recurring. Implementation of the preventive and corrective action plan shall be subjected to the supervision of the trade union and the unit’s employees. Production safety supervision department and the department responsible for production safety supervision shall oversee and check up on the implementation of the preventive and corrective action plan in the unit where the accident has happened. Art 34 Proceeding of the accident handling shall be for the people’s government or the department or mechanisms it has authorized released to the public, except that part which must be kept confidential as per relevant law. Chapter 5 Legal Responsibility Art 35. Main person responsible for the unit where the accident has happened who has committed either one of the following acts, shall be fined to the amount of 40% to 80% of his/her annual income. In the case of government employee admin punishment shall be meted out on top of the fine; where crime is constituted the relevant person shall be prosecuted as per criminal law. 1) Not organizing aid and rescue immediately 2) Delaying in reporting or missing content of the accident 3) Leaving post unjustifiably while accident investigation is in progress Art 36. Where the unit where the accident has happened and its relevant personnel have committed either one of the following acts, the unit where accident has happened shall be fined over 1 million RMB but below 5 million; main responsible person, directly responsible person and other persons directly responsible shall be fined to the amount of 60% to 100% of their annual income. In the case of government employees, admin punishment shall be meted out on top of the fine. Where breach of public order is constituted the public security department shall mete out punishment for breaching of social order and where crime is constituted, criminal charges will be pressed. 1) Falsifying or hiding up the accident in reporting 2) Making up or purposefully damaging the accident site; 3) Transferring, hiding funds, property or destroying relevant evidence, proof and relevant material; 4) Refusing to be subjected to investigation or refusing to provide relevant information and material; 5) Making perjury during the investigation or instructing others to make perjury 6) Having fled or hidden after accident has happened Art 37. Where the unit is responsible for the accident, the unit shall be fined as per following rates: 1) For accident of minor seriousness, fine shall be over 100 thousand RMB but below 200 thousand RMB; 2) For serious accident, the fine shall be over 200 thousand RMB but below 500 thousand RMB; 3) For major accident, the fine shall be over 500 thousand RMB but below 2 million RMB 4) For particularly serious accident, the fine shall be over 2 million but below 5 million RMB Art 38. Where the main person responsible of the unit where the accident has happened has failed to perform his duty in production safety control, thereby causing the accident, shall be fined as per rates listed below, in the case of government employees, admin punishment shall be meted out on top of the fine. Where crime is constituted, criminal charges shall be pressed: 1) For accident of minor seriousness, the fine shall be 30% of the annual income 2) For serious accident, the fine shall be 40% of the annual income 3) For major accident, the fine shall be 60% of the annual income 4) For particularly serious accident, the fine shall be 80% of the annual income Art 39. Where the local people’s government, production safety supervision department and relevant depart responsible for safety supervision in production have committed either one of the following acts, the responsible person directly responsible for it and other persons directly responsible shall be given punishment. Where crime is constituted, criminal charges will be pressed: 1) Not immediately organizing rescue and aid activity 2) Delaying, missing, falsifying or hiding in reporting the accident 3) Impeding, intervening in the accident investigation 4) Making perjury or instructing others to make perjury in the accident investigation Art 40. Where the unit of accident is responsible for the happening of the accident, the relevant department shall as per relevant law, impound or cancel its relevant license. Relevant persons in the unit responsible for the accident shall be suspended or forfeited of business license, job post qualification certificate related to the production safety. If the main person responsible of the unit of accident is given criminal charges or removed from the post, within 5 years of the execution of punishment or of the day the punishment is meted out, he /she shall not be allowed to become main responsible person for production/business unit. Where the mediation agency that has provided the unit of accident with false certificates, relevant department shall as per relevant law, impound or cancel its relevant license and its staff’s qualification for the job. Where crime is constituted, criminal charges shall be pressed. Art 41. Where participants in the accident investigation has committed either one of the following acts, he/she shall be given due punishment as per relevant law; where crime is constituted, criminal charges shall be pressed; 1) Negligence of his duty in the investigation, thereby causing major fault in the accident investigation 2) Covering up or give predilection to the persons responsible for the accident or take advantage of the occasion for taking personal vengeance Art 42. Where local people’s government or relevant department has in violation of this byelaw, deliberately delayed or refused to carry out the treatment to the persons responsible of the accident approved in the reply by superior level department/government, the supervision department shall mete out punishment to those relevant persons. Art 43. Admin punishment in this byelaw where fines are involved shall be decided on by production safety supervision department. Where admin punishment by law and admin statutes are specified separately for categories, magnitude and deciding body, such laws and statutes shall be followed. Chapter 6 Supplemental Rules Art 44. Where accident has caused no casualty but has resulted in very bad influence on the society, and where the State Council and relevant local government deem it necessary to investigate into and handle the accident, relevant articles and clauses of this byelaw shall be followed. For accident investigation and handling in government departments, government run units and mass organizations, this byelaw shall be followed. Art 45. Where the laws, admin statutes or State council has other specifications for the reporting, investigating and handling of accidents below the level of particularly serious accident, such laws, statutes and state council specifications shall be followed. Art 46. This byelaw shall be implemented starting Jun1, 2007, simultaneously with which, the “Temporary specifications of particularly serious accident investigation and handling” released by State Council on Mar 29, 1989, and the “Rules on reporting and handling of accident in enterprise involving employee casualty”, publicized on Feb 22, 1991, shall be invalidated.