Provisions of Jingan District on the Investigation and Handling of Production Safety Accidents

Released on:2018-03-02

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Article 1 In order to further standardize the investigation and handling of production safety accidents in this District, quickly find out the truth, investigate responsibility for accidents according to law, prevent and reduce production safety accidents, and effectively protect social stability and fundamental interests of the masses of the people and according to the State Council’s Regulations on the Reporting, Investigation and Handling of Production Safety Accidents (Decree No. 493), Provisions of Shanghai Municipality for the Implementation of the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents (SMPG G2009No. 12) and the actual situation of this District, these Provisions are hereby formulated.

Article 2 These Provisions apply to the investigation and handling of general production safety accidents that cause casualty and serious property losses during the production and operation process of production and operation units in the administrative area of this District.

These Provisions do not apply to environmental pollution accidents, nuclear facilities accidents and national defense research and production accidents.

Where the State has other provisions for the investigation and handling of civil aviation, railway traffic, water traffic, electric power production and grid operation, special equipment and other accidents, and fires and road traffic accidents which constitute general accidents, these provisions shall apply.

Article 3 A general production safety accident that causes less than 3 deaths (exclusive of 3 ) or 3 to 9 seriously injured persons or direct economic losses of more than 3 million yuan but less than 10 million shall be investigated by the investigation group organized by the District Safety Supervision Bureau with authorization of the District People’s Government.

A general production safety accident that causes less than 3 people (exclusive of 3) with serious injuries or direct economic losses of less than 3 million yuan shall be investigated by the investigation group organized by the relevant industry competent department with authorization of the District People’s Government.

The District People’s Government, considering it necessary, can directly organize an investigation group for the investigation of an accident.

Article 4 The investigation and treatment of a production safety accident must adhere to the principles of finding out the cause of the accident, investigating the responsibility for the accident, guiding and coordinating the aftermath and ensuring the social stability. The aftermath treatment and accident investigation shall be carried out at the same time, and relevant departments and units shall cooperate with each other so as to improve the efficiency of aftermath treatment and accident investigation.

    Article 5 The District Human Resources and Social Security Bureau shall be responsible for doing well the publicity, guidance, explanation of policies concerning labor employment, labor relationship and workplace injury insurance involved in production safety accidents and other related policies, and the sub-district office and the competent department of the employing unit where the accident happens shall actively cooperate and provide necessary facilities, and jointly urge the employing unit to do well the aftermath treatment of production safety accident casualties according to law.

Article 6 The District Safety Supervision Bureau shall be responsible for organizing the production safety accident investigation group, with the District Safety Supervision Bureau, the District Supervision Bureau, the District Public Security Sub-bureau and the District Federation of Trade Unions as the member units, meanwhile, the district procuratorate personnel is invited to participate. The accident investigation group may employ relevant experts to participate in the investigation.

If a production safety accident involves manufacturing, commerce and trade services, special equipment, construction and installation, building demolition and other industries, the competent departments responsible for safety production supervision and management are member units separately.

Article 7 For a general production safety accident that causes more than 3 people seriously injured or the economic losses of more than 3 million yuan, the head of the investigation group is acted by the chief person-in-charge of the District Safety Supervision Bureau with authorization of the District People’s Government. The head of the investigation group of a general production safety accident with less than 3 seriously injured people or economic losses of less than 3 million yuan is acted by the head of the relevant competent department of the industry.

The member units of the accident investigation group shall determine one responsibility-assigned leader and one staff member of the department as the assigned personnel of the accident investigation group. In order to ensure the professionalism, normalization and continuity of accident investigation and treatment, the accident investigation group members shall have more than three years' working experience in the department and relatively be fixed, and the list of personnel shall be centralized for reporting to the District People’s Government for the record. According to the different conditions of production safety accidents, the accident investigators shall be selected by the leader of the investigation group from among the assigned personnel of the member units of the accident investigation group.

In the case of a general accident in an enterprise under the central or municipal government, the accident investigation group may, through the District People’s Government, invite the relevant department of the Municipal People’s Government to assign participants in the accident investigation .

    Article 8 In the case of a general production safety accident causing deaths or more than 3 people with serious injuries or direct economic losses of  more than 3 million yuan, the leaders in charge of the member units of the accident investigation group shall rush to the scene of the accident and organize to participate in the emergency rescue and on-site disposal.

Article 9 Duties of member units of the accident investigation group:

1. The duties of the District Safety Supervision Bureau: to investigate the scene of the accident, investigate and question the relevant persons, collect relevant information of the accident, put forward measures for the accident prevention and rectification, and proposals for handling the accident liability unit and persons held responsible, and implement the approval opinions of the District Peoples Government.

2. The duties of the District Public Security Bureau: to maintain the public order of the scene , survey the scene of the accident, investigate the relevant persons, initially identify the casualties nature, put the  liability persons suspected of a crime on record for investigation and take coercive measures, and participate in the investigation of accident analysis, put forward handling suggestions and implement the District People’s Government’s approved opinions.

3. The duties of the District Federation of Trade Unions: to participate in the survey and inquiry of relevant persons, take part in the collection of relevant information about the accident, participate in the accident investigation and analysis, safeguard the legitimate rights and interests of employees, put forward suggestions on handling the accident liability persons and measures for the accident prevention and rectification, and supervise the implementation of preventive and corrective measures made by the accident liability unit.

4. The duties of the District Supervision Bureau: to participate in the accident investigation and analysis, investigate the suspect of discipline breaking among the persons held responsible for the accident for administrative discipline responsibility in accordance with the law, supervise the implementation of the District People’s Government’s approved opinions, and give, according to law, administrative punishment to relevant liability persons who break regulations. deliberately delay or refuse to implement the district government- approved opinions.

5. The duties of other member units: to survey the scene of the accident, take part in the investigation and inquiry of relevant persons, in the collection of relevant information and in the accident investigation and analysis, put forward measures for accident prevention and rectification, propose handling suggestions on accident liability units and persons, and implement the district government-approved opinions.

Article 10 The duties of the head of the accident investigation group:

1. To organize and direct the accident investigation, determine the accident investigation process and the specific division of labor of the members of the investigation group.

2. To preside over the accident investigation meeting, coordinate the important matters in the accident investigation process, and make decisions in the case of disagreement in the accident investigation and analysis.

3. To be responsible for publication of matters about the treatment of accidents (except for secrecy according to law) to society.

Article 11 The accident investigators' duties:

1. To be responsible for the accident investigation and evidence collection as assigned by the head of the investigation group.

2. To put forward analysis and handling suggestions at the investigation group meeting according to the duties of respective departments.

3. To sign the investigation report, with opinions allowed to be stated in the appendix of the investigation report.

4. To keep secrecy of the investigation work and to be prohibited from disclosing the relevant information of the investigation work, and from keeping in private the relevant information of the accident investigation.

Article 12  As for a general production safety accident with more than 3 people seriously injured or economic losses of more than 3 million yuan, the accident investigation report reviewed and signed by the investigation group members shall be submitted by the District Safety Supervision Bureau to the District People’s Government for examination and approval. After the approval of the District People’s Government, the accident investigation is completed.

As for a general production safety accident with less than 3 people seriously injured or economic losses of less than 3 million yuan, the accident report shall be approved and disposition be made by the relevant industry competent department.

Article 13 When the investigation group members have objection to the accident investigation report, the head of the accident investigation group shall coordinate and make a decision. If there is still any objection, it shall be put forward in writing and submitted along with the report to the District People’s Government for examination and approval.

Article 14 The relevant organs shall give administrative treatment to the accident liability units and persons according to law and to the approval of the District People’s Government, and shall submit the handling decision in writing to the District Safety Supervision Bureau.

Article 15 The District Safety Supervision Bureau shall, according to the approval of the District People’s Government, in conjunction with the relevant departments, give admonishing talk to the chief person in charge of the unit responsible for the accident and meantime announce the accident investigation and handling decision.

Article 16 The relevant department responsible for safety production supervision and management shall, according to the approval of the District People’s Government, order the accident liability unit to implement within a limited time the rectification measures to prevent any repeated accidents and the handling opinions on the relevant persons responsible, put forward in the accident investigation report.

Article 17 The District Safety Supervision Bureau shall regularly inform the member units of the accident investigation group of matters about the production safety accident investigation and treatment, and publish them to society (except for those that should be kept confidential according to law). The investigation and treatment matters of a general production safety accident with less than 3 people seriously injured or economic losses of less than 3 million yuan shall be published to society by the relevant department in charge of the industry.

Article 18 Expenses incurred from accident investigation and treatment including experts engaging, inspection and testing, judicial identification, traffic travel and others shall be charged into the current year’s fiscal budget by the District Safety Supervision Bureau and the relevant member units of the investigation group.

Article 19 Where relevant matters are not specified in these Provisions or are in conflict with the state laws and regulations, the relevant laws and regulations shall prevail.

Article 20 These provisions shall be explained by the District Security Supervision Bureau.

Article 21 These provisions shall be effective as of the date of promulgation.

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