安徽省安全生产事故调查处理及行政责任追究暂行规定.doc
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安徽省安全生产事故调查处理及行政责任追究暂行规定Notice of Interim Provisions on investigation and disposition of production accidents and administrative liabilities(Anhui Zheng 2003103)The peoples governments of various cities and counties, the departments of the provincial government and the institutions directly under the state council:The Interim Regulations on investigation, handling and administrative liabilities of the Anhui Province Concerning the accidents of safety in production are hereby printed and distributed to you, and please comply with them.In in the peoples Government of Anhui ProvinceTwo, 00, three, December 9thInterim Provisions on investigation and handling of safety production accidents and administrative liabilities in AnhuiChapter I General ProvisionsArticle 1 These Regulations are formulated in accordance with the relevant laws and regulations, in light of the actual conditions of the province, in order to regulate the investigation and handling of accidents concerning safety in production and to investigate the administrative liabilities for safety accidents in accordance with the law.Article second the investigation, handling and administrative accountability of safety production accidents within the administrative area of this province shall comply with these provisions.Where there are other provisions in the State concerning the investigation, handling and administrative liabilities of the accidents concerning safety in production, such provisions shall prevail.Article third the term safety production accident as mentioned in these Provisions refers to an accident that causes personal injury or property damage in the course of production or business activities or in the activities relating to the production and operation activities.According to the degree or amount of personal injury or property loss in the accident, the accident is divided into five grades:(1) the general accident refers to all kinds of minor injury accidents, a serious injury of 3 people, an acute occupational poisoning, less than 5 people, and a direct economic loss of less than 300 thousand yuan;(two) refers to a major accident, the death of 3 people, injured 3 people following a more than 10 people, following an acute poisoning occupation of more than 5 people under 10 people, a direct economic loss of 300 thousand yuan of above 1 million yuan of the following types of accidents;(three) refers to a major accident, more than 3 people were killed 10 people, injured 10 people, more than once an acute poisoning occupation of more than 10 people under 50 people, a direct economic loss of 1 million yuan of above 10 million yuan of the following types of accidents;(four) a serious accident refers to a death, more than 10 people, less than 30 people, an acute occupational poisoning, more than 50 people, less than 100 people, a direct economic loss of 10 million yuan and more than 50 million yuan each kind of accident;(five) a particularly serious accident refers to all kinds of accidents involving a death of more than 30 people, an acute occupational poisoning of more than 100 people, and a direct economic loss of over 50 million yuan.Fourth investigation and handling of the accident and administrative accountability shall be conducted in a timely, accurate, objective, fair, realistic and respectful respect for Science principle.Fifth safety supervision and administration institutions at or above the county level shall, in accordance with the relevant regulations of the state and the province, carry out comprehensive supervision and administration of the investigation and handling of all kinds of accidents within their respective administrative areas.The sixth local peoples governments at various levels and their departments shall support and cooperate with the investigation, handling and administrative accountability of accidents, and provide corresponding conditions.Seventh any unit or individual shall not interfere or obstruct the investigation of the accident and the administrative accountability work, and have the right to production safety supervision and management institutions or the relevant departments to report the accident and the violation of laws and regulations on safety behavior, accept the report of the Department shall protect the informers.The second chapter, accident reportArticle eighth after the accident, the scene of the accident or relevant personnel shall take timely measures of self and mutual rescue, protect the scene of the accident, and immediately report to the person in charge.After receiving the report of the accident, the person in charge of the ninth accident unit shall take effective measures to organize rescue immediately, prevent accidents from expanding or secondary accidents, and reduce casualties and property losses.The occurrence of major and serious accidents, especially major production units primarily responsible person and relevant personnel shall not be in an accident during the rescue and investigation and handling of accidents during AWOL, fled the scene of the accident; not in the unit shall immediately return.Article tenth after the accident, the accident unit or accident to grassroots organizations should the circumstances of the accident in oral or written form, timely reporting of security accident occurred in the production supervision and management mechanism, the relevant departments and trade unions, and report and relevant departments of the provincial production safety supervision and management institutions. The accident over the accident, the accident should be within 30 minutes after the accident report and the relevant departments of production safety supervision and management mechanism; the accidents and major accidents, the relevant departments of the provincial production safety supervision and management institutions after receiving the accident report, shall immediately report to the provincial peoples government, the state production safety supervision and management mechanism and the relevant departments of the state council. Where an accident occurs in the coal mine, the coal mine safety supervision institution, the safety production supervision and administration institution, the relevant departments and the trade union organizations shall be reported immediately.Eleventh accident reports include the following:(1) the basic circumstances of the accident unit, the time and place of the accident and the scene of the accident;(two) a brief summary of the accident, the number of casualties (including the number of unaccounted for persons) and a preliminary estimate of the direct economic loss;(three) accident category;(four) preliminary judgment of the cause of the accident;(five) measures taken after the accident;(six) the unit of accident and the principal person responsible for the accident.Heal the wounded, rescue accident case of changes, should be promptly reported; the injured in death within 30 days after the injury, it shall timely report.The twelfth occurrence of major and serious, especially serious accident, the person in charge of the local peoples government and the production safety supervision and management institutions and other relevant departments shall immediately rushed to the scene of the accident rescue organization, and accident investigation and handling.The public security department is responsible for maintaining the order of the accident scene.The important evidence of the thirteenth scene of the accident shall be properly protected, and no unit or individual may destroy the scene of the accident or destroy the relevant evidence. In case the accident is saved or the accident is enlarged, the objects on the scene of the accident need to be marked, and the sketch map shall be drawn and written records shall be written to properly keep the important traces and material evidence on the scene.The fourteenth accident units and the local peoples governments at all levels and production safety supervision and management institutions and other relevant departments, shall not conceal, falsify or delay report the accident.The third chapter is the accident investigationAfter the fifteenth general accident occurs, the accident investigation team shall be organized by the accident unit. The accident investigation team shall be headed by the principal person in charge of the unit, the safety personnel, production and technical personnel, representatives of the trade union of the unit, and representatives of the social security departments at the accident place.The safety supervision and administration institution of the county (city, district) where the general accident occurs may, if necessary, send a personnel to the accident investigation team or directly organize an accident investigation team.After the occurrence of an accident over sixteenth major accidents, an investigation team shall be established in accordance with the following provisions:(a) accident, county (city and district) organized the accident investigation group;(two) a road accident investigation team is set up by a city organization in the area where a death toll of more than 3 people and 5 people are not included in the non road traffic, major water traffic accidents and other types of serious accidents;(three) major accidents and deaths of more than 5 people and not more than 10 non road traffic and water traffic accidents, organized by the provincial accident investigation team.The investigation group from the production safety supervision and management institutions head, administrative supervision departments, public security departments and the competent departments of personnel, social security departments and trade union organizations and experts as members; among them, railway transportation, civil aviation transportation, coal mine accident investigation group, respectively by the railway and civil aviation departments and coal mine safety supervision agency head, production safety supervision and management institutions, administrative supervision departments and public security departments, social security departments and trade union organizations and experts as members.If a person responsible for an accident is suspected of committing a crime, he shall invite the procuratorial organ to send personnel to the accident investigation team. If the accident involves the provinces (municipalities, autonomous regions), the relevant departments of the state or the armed forces or armed police forces, the relevant departments, departments, or armed forces or armed police forces shall be invited to participate in the accident investigation team. The investigation of special major accidents shall be carried out in accordance with the relevant regulations of the state.The local peoples governments at or above the county level seventeenth deems it necessary, can be directly responsible for production safety accident investigation of the peoples government and the relevant departments to investigate, by the government of the person in charge of any investigation team, production safety supervision and management departments and other Union institutions, administrative supervision departments, the government appointed chief deputy team leader.If the members of the eighteenth accident investigation team have any interest in the accident unit or the personnel concerned, they shall avoid it.The members of the accident investigation team shall work under the unified leadership of the accident investigation team, strictly abide by the discipline of investigation and keep secret of investigation.Nineteenth accident investigation teams shall perform the following functions:(1) to ascertain the circumstances of the accident, the casualties and the economic losses;(two) find out the cause and nature of the accident;(three) to determine the responsibility of the accident, and put forward suggestions for the handling of the accident liability;(four) put forward measures and suggestions to prevent accidents;(five) submit an accident investigation report.The twentieth accident investigation report shall include the following contents:(1) the basic circumstances of the accident unit;(two) the time, place, process and emergency rescue of the accident;(three) casualties and economic losses;(four) the cause of the accident;(five) the nature of the accident;(six) suggestions for the handling of accident liability;(seven) lessons learned from the accident and measures to be taken;(eight) signature list of members of the accident investigation team;(nine) other matters that need to be stated.The twenty-first accident investigation team shall, under the auspices of the leading department, make an accident investigation report after scientific analysis and full consultation.The accident investigation team shall agree on the analysis and treatment of the accident. Do not agree, the accident investigation team led by the Department have the right to make a conclusive opinion; have different opinions on the concluding observations, shall be handled through consultation; consultation is still unable to reach an agreement, decided to report to the peoples government or the department taking the lead on a department.Where the leading department or the peoples government at the corresponding level considers that the accident investigation report has any problems, it may instruct the accident investigation team to review or supplement the investigation.The twenty-second accident investigation team shall complete the accident investigation work within 60 days from the date of the accident, and submit an accident investigation report, and the special circumstances shall not exceed 90 days. Where there are other provisions of the state, such provisions shall prevail.The twenty-third accident investigation team shall have the right to know the situation of the accident unit, the relevant departments and the relevant personnel of the local peoples government and obtain information, and no unit or individual may refuse it.The person in charge and the personnel concerned in the accident unit shall accept the inquiry and investigation of the accident investigation team, and shall truthfully provide relevant information and materials.In the investigation of the twenty-fourth accidents, the technical appraisal shall be conducted by the investigation team and the units with corresponding qualifications shall be appraised or organized to be appraised by the experts.The technical appraisement fee shall be paid by the accident unit.The travel expenses, service fees and other relevant expenses of the experts employed by the twenty-fifth accident investigation teams shall be borne by the peoples Government of the place where the accident occurred.The fourth chapter, accident treatmentThe twenty-sixth accident investigation team led by the Department shall, within 10 days of the accident investigation report investigation team reported the accident from the date of receipt of the special circumstances shall not exceed 20 days, in accordance with the following provisions shall submit the report of accident investigation:(1) when the safety supervision and administration institution takes the lead in organizing an accident investigation, it shall submit it to the peoples government at the corresponding level;(two) the coal mine safety supervision agencies led the accident investigation organization, submitted to the upper level of coal mine safety supervision mechanism; among them, a major accident, the accident occurred shall solicit the districts of the city peoples government, Anhui Coal Mine Safety Supervision Bureau; accidents, shall solicit the views of the peoples Government of the province, the state coal mine safety supervision bureau;(three) the railway or civil aviation authorities shall take the lead in organizing the accident investigation and submit them in accordance with the relevant regulations of the state.The twenty-seventh local peoples Government shall, within 30 days from the date of receiving the report of the accident investigation, make a decision on the handling of the accident in accordance with the following provisions:(a) general accident, the county (city, district) production safety supervision and management institutions and administrative supervision departments to make a decision;(two) a big accident, the county (city, district) peoples Government advise at districts of production safety supervision and management institutions to make a decision;(three) more than 3 people were killed 5 people following the non road traffic, water traffic accidents and other types of major accidents, by the municipal government districts advise the provincial production safety supervision and management institutions to make a decision;(four) accidents and 5 deaths in more than 10 people following the non road traffic, water traffic accidents, the provincial production safety supervision and management institutions put forward opinions, the provincial government made the decision.Article twenty-eighth where a coal mine accident occurs, the accident treatment decision shall be made within 30 days from the date of receiving the report of the accident investigation:(a) the general accident shall be handled by the coal mine safety supervision institution in accordance with the relevant provisions;(two) the major accident shall be decided by the coal mine safety supervision office and the administrative supervision department at the same level and the peoples Government of the county (city, district) after the accident occurred;(three) the major accidents shall be decided by the Anhui Coal Mine Safety Supervision Bureau and the provincial administrative supervision department and the Municipal Peoples Government of the place where the accident occurred;(four) large accidents shall be reported to the State Bureau of coal mine safety supervision.Accident and accident handling decision, and the Anhui Coal Mine Safety Supervision Bureau received the accident handling decision, it shall be decided respectively, copied to the provincial or city safety production supervision and management mechanism.The twenty-ninth occurrence of railway transportation, civil aviation accident, by the railway and civil aviation authorities to make a decision in accordance with the relevant provisions of the state; the Provincial Railway and civil aviation departments shall timely deal with the accident, the accident occurred or decided to copy the districts of the city safety production supervision and management institutions and administrative supervision departments.The thirtieth decision on handling an accident shall include the following contents:(1) the nature of the accident;(two) responsibility for the accident;(three) decide on the handling of the accident liability unit and the responsible personnel;(four) accident prevention measures and corrective actions.Thirty-first units responsible for accidents and related personnel, in accordance with relevant laws and regulations, administrative penalties according to law; suspected of a crime, according to law shall be held criminally responsible.The national staff personnel responsibility in the accident, by appointment and removal of organs or administrative supervision departments in accordance with the cadre management authority and procedures shall be given administrative sanctions; 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