Production safety accidents refer to unexpected events that suddenly occur in production and operation units during production and operation activities, harming personal safety and health, or damaging equipment and facilities, or causing economic losses, resulting in the temporar

【1】 Production safety accident

Production safety accident refers to an unexpected event that suddenly occurs in production and operation units during production and operation activities (including activities related to production and operation), harming personal safety and health, or damaging equipment and facilities, or causing economic losses, resulting in the temporary suspension or permanent termination of the original production and operation activities (including activities related to production and operation activities).

First look at a set of data

The total number of safety accidents and deaths in the country in the past twenty years

2012

①Specificity of the accident subject: is limited to accidents occurring in production and operation units in their production and operation activities. Units engaged in production and operation activities mainly include companies, enterprises, partners, self-employed production and operation units in the field of industry, mining and trade.

②Extensibility of the accident area: The area range of production safety accidents is not fixed, but it is limited to a limited range.

③The destructiveness of the accident: Production safety accident caused certain damage to personnel or production and operation units, causing casualties (including acute poisoning) or causing direct economic losses to production and operation units, affecting the normal development of production and operation activities, and having a serious impact.

④The suddenness of accidents: Production safety accidents occur suddenly in a short period of time, unlike other damage events that occur under the long-term influence of certain hazard factors, such as occupational diseases.

⑤ Negligence of accidents: Production safety accidents are mainly accidents caused by human negligence, and are essentially different from disasters caused by force majeure such as floods and mudslides. For example, production safety accidents caused by illegal operations, risky operations, etc.; production safety accidents caused by poor working environment, equipment hazards, etc. should also be classified as negligence. It is the negligence of the personnel responsible for the production and operation unit in the unit's safety management work. The bad work factors are not corrected or eliminated immediately, and the bad work factors are allowed to continue to exist, causing the accident.

【2】Classification of safety accidents

Classification of safety accidents mainly divided into object strikes, mechanical injuries, serious injuries, , electric shock, drowning, burning, falling from a high place, collapse, gunpowder explosion, gas explosion, poisoning and suffocation and other types of injuries. Classified by the injury method, National Standard GB4661-85 " Enterprise Employee Cases and Casualties Classification ", casualties are divided into 20 categories:

(1) Object strike (2) Vehicle injury (3) Mechanical injury (4) Severe injury (5) Electric shock (6) Drowning (7) Burning (8) Fire (9) Falling from a high place (10) Collapse (11) Top-popping tablet? (12) Permeable (13) Blasting (14) Gunpowder explosion (15) Gas explosion (16) Boiler explosion (17) Pressure vessel explosion (18) Other explosions (19) Poisoning and suffocation (20) Other injuries. The occurrence of production safety accidents is limited to accidents occurring in production and operation activities by the production unit, which is sudden and generally caused by human negligence.

Classification of the nature of accidents, Classification by the degree of injury of the accident and by the method of injury . What are the problems in the classification of production safety accidents?

1. Classification by the nature of the accident

The nature of the accident can be divided into liability accidents and non-liability accidents.

Responsible accident refers to an accident that can be foreseeable, resisted and avoided, but no preventive measures are taken due to human reasons.

Non-responsible accidents includes natural disaster accidents and technical accidents, such as accidents caused by earthquakes and mudslides. Technical accidents refer to accidents that cannot be avoided due to the limitations of scientific and technological level, safety prevention knowledge, technical conditions and equipment conditions do not meet the required level and performance.

Among the accidents that have occurred, a large number of them are responsible accidents. According to the analysis of the accident by relevant departments, more than 90% of the accidents are responsible.

Tips: The difference between "safety accident" and "safety accident". Accidents are criminal liability, and production accidents are administrative liability. safety accident is an accident caused by the failure to implement the safety system. Such as working at high altitude without a seat belt, falling footfall, etc. Generally speaking, production safety accidents include liability accidents and non-liability accidents.

Production safety liability accident: refers to an accident caused by improper operation or inadequate management. Non-responsible accidents: refers to an inevitable accident that is generally an unexpected and quality accident, such as an accident caused by a steel bar breakage.

When any of the following situations occurs, the relevant leaders shall bear leadership responsibilities: 1. Due to the imperfect production safety responsibility system, production safety regulations and operating procedures, employees have no rules to follow, causing casualties; 2. Failure to provide safety education and technical training for employees in accordance with regulations, or employees who have passed the examination and have been on duty and caused casualties; 3. Mechanical equipment exceeds the maintenance period or operates overload, or fails to take measures due to defects in the equipment, causing casualties; 4. The operating environment is unsafe and measures are not taken, causing casualties; 5. The dust toxic treatment and safety facilities of new construction, reconstruction, and expansion projects are not designed, constructed at the same time, and put into production and use at the same time as the main project, causing casualties.

2. Classify by the degree of injury

[Many people ask] Does the failure to report a minor injury accident in a production and operation unit constitute concealment?

Netizen consultation : In the production and operation unit employees have an accident in during the production and operation process, should the production and operation unit report the accident situation in accordance with relevant regulations? If the report is not made as required, does it constitute concealment? Should be punished for concealing the report in accordance with relevant regulations? Consultation time: 2021-09-29

official website reply: According to the provisions of the " Production Safety Accident Reporting and Investigation and Handling Regulations", production and operation units shall promptly report to the relevant departments in accordance with the statutory time limit for production safety accidents, and those who lie or conceal the accident shall be punished in accordance with the law. If you find any relevant illegal acts, please report to the relevant government or department in accordance with the accident investigation and handling authority stipulated in the regulations. Response unit: Investigation, Evaluation and Statistics Department Reply time: 2021-09-29

According to the degree of injury, casualties are generally divided into minor injuries, serious injuries, deaths, major casualties, and special serious accidents.

(I) Minor injury accident

Minor injury accident refers to an accident in which the general injury is not too serious and the work is closed for more than one working day.

(II) Serious injury accident

Anyone with one of the following conditions is a serious injury accident.

(1) Diagnosed by a doctor as disabled or may become disabled;

(2) The injury is serious and requires a major operation to save it;

(3) Severe burns, scalds or non-critical parts of the human body account for more than 1/3 of the total area;

(4) Severe fractures (sternum, ribs, spinal bones , clavicle, scapula , wrist bones and foot bones, etc. caused by injuries), severe concussion, etc.;

(5) Eye injury is severe and there is a possibility of blindness; 2

(6) Hand injury: If one section of the big thumb is broken, one section of the index finger, middle finger, ring finger, and little finger is broken, or one section of the index finger, middle finger, ring finger, and little finger is broken, or one section of each of the two fingers, the local tendon is severely injured, causing functional disorder, unable to stretch and flex, and disabled;

(7) Foot injury: If two toes are broken, the local tendon is severely injured, causing functional disorder, and unable to walk For example, it may be disabled;

(8) Internal injury: internal injury, internal bleeding or injury to the peritoneum, etc.;

(9) Any injury that is not within the above range, after being diagnosed by the doctor, is considered to be severely injured, and can refer to the above points based on the actual situation, and the enterprise administrative department and the trade union put forward preliminary opinions and report to the local labor department for review and determination.

(III) Death accident

refers to an accident of less than 3 people who died (including death within one month after injury).

(IV) Major death accident

refers to an accident where 3 people die or more than 3 people, and the number of deaths in major accidents is within the number of deaths.

(V) Extraordinary major accident

According to the Ministry of Labor's explanation to the State Council, major accidents include:

(1) Accidents of deaths caused by civil aviation passenger planes (40 deaths and more); aircraft destruction and deaths caused by special planes and foreign civil aviation passenger planes in China;

(2) Accidents of railways, water transportation, mines, water conservancy, and electricity caused by 50 deaths and The above may cause direct economic losses of 10 million yuan or more at one time;

(3) An accident with 30 deaths or more or more at one time or a direct economic losses of 5 million yuan or more (except for accidents that occur during the scientific research of aviation and spacecraft);

(4) An accident with acute poisoning caused by 100 employees and residents at one time;

(5) Other accidents with particularly serious nature and major impact.

Tips:

Among them, the definition of the four grades of accidents: accidents are divided into major, major, large and general accidents. " minor injuries " is not mentioned in the definition of accidents at the lowest level. The minimum grade general accident only clearly states that "below 10 people are seriously injured." Therefore, it can be determined that minor injuries do not belong to production safety accidents under the general definition.

Therefore, according to the "Regulations on Reporting and Investigation and Handling of Production Safety Accidents", when an accident occurs in the production and operation process, it is not necessary to report the accident to the government's production safety supervision and management department, and failing to report it in accordance with the regulations will not constitute concealment.

Of course, if the local government has other accident reporting requirements, or if the enterprise has other standards for the accident classification, it can be implemented in accordance with the local government and enterprise standards.

III. What are the categories of safety accidents

(I) Object strike refers to personal casualties caused by the inertial force of an out-of-control object .

This type of accident is suitable for damage caused by falling objects, flying objects, rolling stones, collapsed blocks, etc. It does not include object strikes caused by mechanical equipment, vehicles, lifting machinery, , collapse, explosion, etc.

(II) Vehicle injury

refers to mechanical injuries caused by motor vehicles in the enterprise. During the driving of the vehicle, accidents such as crowding, pressing, falling, crashing or capsizing occurred; accidents such as getting on and getting off the vehicle; accidents of riding mining car or putting off the vehicle; accidents of vehicle transportation removal and sports car accidents are all in this category of accidents. It does not include accidents that occur when lifting, traction vehicles and vehicles are stopped.

(III) Mechanical damage refers to the damage caused by mechanical equipment and tools such as twisting, rolling, touching, cutting, poking, cutting, etc.

is suitable for damage caused by flying out of workpieces or knives; chips hurt people; entangled by the rotating mechanism of the equipment. Except for mechanical injuries caused by mechanical equipment that have been included in other accident categories, such as vehicles, lifting equipment, boilers and pressure vessels and equipment.

(IV) Lifting injury refers to a mechanical injury accident caused when engaging in lifting operations.

is suitable for counting injuries caused by various lifting operations.

lifting operations include: bridge crane , gantry crane , door seat crane , mount crane, cantilever crane, mast crane, railway crane, car crane , electric hoist , jack , etc.

(V) Electric shock refers to an accident in which electric current flows through the human body and causes physiological injuries.

is used to count electric shock and lightning damage. For example, when the human body contacts the exposed part or temporary wire of the live conductor of the equipment; when the insulation is damaged, the handheld power tool is injected into the electric power tool ; during lifting operation, the equipment accidentally touches the high-voltage wire, or senses a live body; falls from the electric shock, electric burns, etc.

(VI) Drowning accident

refers to an accident in which a large amount of water enters the lungs of the human body through the mouth and nose, causing the respiratory tract of to be blocked or acute hypoxia and suffocation to die.Used to count waterfall accidents that occur during navigation and mooring operations in ships, rafts, and facilities.

"Facilities" refer to various floating or fixed buildings, devices, cables and fixed platforms on and underwater.

(7) Burning

refers to flame burns, scalds of high-temperature objects, chemical burns (internal and external burns caused by acids, alkalis, salts, and organic matters), and physical burns (internal and external burns caused by light, radioactive substances, ), and does not include burns caused by electric burns and fires.

(eight) Fire

refers to the disaster caused by burns that lose control in time and space. Here it refers to corporate fires that cause personal casualties

is not suitable for fire accidents caused by non-enterprise reasons, such as fires that spread to enterprises when a fire in a resident's home spreads to a company. The production safety supervision and management department does not count such fires.

(9) Falling from a high place

refers to an injury accident caused by the dangerous gravity potential energy of the human body.

is suitable for construction sites that are higher than the ground, such as scaffolding, platforms, steep walls, etc.; it is also suitable for falling into holes, pits, ditches, lifting mouths, funnels, etc. due to ground operations. However, it does not include fall accidents that use other accident categories as induce conditions, such as electric shock and fall accidents.

(10) Collapse refers to accidents caused by collapse of buildings, structures, piles and landslides.

is suitable for collapses caused by unreasonable design or construction; as well as collapse accidents caused by earthwork, sand, gravel, coal, etc., such as collapse of building collapses, scaffolding collapses; landslides and rocks when digging trenches and holes.

is not suitable for mine top sheet accidents, or collapse accidents caused by explosions or blasting.

(11) Top-hide sheet

sheet refers to the phenomenon of the mine operation surface and tunnel side wall deforming, destroying and falling off under the pressure of the mine. The roof is a phenomenon where the roof is out of control and falls on its own. Both often have personal casualties at the same time, collectively known as the "Hongpin Pan" Gang.

is suitable for collapse accidents in mines, underground mining, excavation and other tunnel operations.

(Twelve) Permeable

refers to casualties caused by accidental water sources during mining, underground mining or other tunnel operations.

is suitable for water gushing into disasters when wells and tunnels are connected to water-bearing rock formations, underground water zones, caves, or flooded tunnels and ground waters.

is not suitable for ground water accidents.

(13) Fire-fire refers to the casualties caused by fire-fire operations during construction.

is suitable for various blasting operations, such as casualties caused by fireworks, such as quarry, mining, coal mining, mountain opening, road construction, demolition of buildings and other projects.

(14) Gunpowder explosion

refers to an explosion accident in the production process of gunpowder and explosives, such as ingredients, transportation, storage, etc.

is suitable for chemical explosion accidents in the production process of gunpowder and explosives, such as during ingredients, transportation, storage, and processing, caused by hand vibration, open flame, friction, electrostatic action, or thermal decomposition of explosives, as well as storage time or excessive amounts of drugs, and chemical explosion accidents occur; when smelting metals, the waste material is not treated cleanly, and casualties caused by residual gunpowder or explosives.

(15) Gas explosion

refers to the mixture of combustible gas gas, coal dust and air to form a mixture with concentration reaching the explosion limit. When exposed to open flames, it causes a chemical explosion accident. It is mainly suitable for coal mines, and it is also suitable for occasions where air is not circulated, gas , and coal dust accumulation.

(16) Boiler explosion refers to a physical explosion accident in the boiler.

is suitable for use in steam boilers with working pressure greater than 0.7 atmospheric pressure and water as the medium.

is not suitable for railway locomotives, steam boilers on ships, and steam boilers on train power stations and ship power stations.

(17) Container explosion

refers to an explosion that occurs when the pressure vessel is overpressed.

is suitable for containers such as containers, heat exchange containers, separation containers, gas cylinders, gas barrels, tank trucks, etc.

(18) Other explosions

Other explosions refer to explosion accidents that do not belong to gunpowder explosion, gas explosion, boiler explosion, or container explosion.

All of the following explosions have occurred: explosion caused by a mixture of explosive gases formed by mixing combustible gases with air.

In addition, furnace explosion, molten steel explosion, linen dust explosion, etc. are all "other explosions".

(19) Poisoning and asphyxiation

refers to the asphyxiation accident that occurs when a poisonous substance enters the human body and causes life-threatening acute poisoning and under hypoxia conditions under production conditions.

is suitable for acute poisoning and suffocation accidents caused by poisonous substances entering the human body through the respiratory tract, skin and digestive tract. It also includes working in abandoned tunnels, shafts, culverts, and other unventilated places such as underground pipelines. Because lacks oxygen, fainting or even death occurs.

is not suitable for poisoning and asphyxiation accidents caused by pathological changes, nor is it suitable for death caused by occupational diseases caused by chronic poisoning.

(Twenty) Other injuries

refers to all casualties that do not belong to the previous items are listed as other injuries. Such as sprains, fall injuries, frostbite, animal bites, nails stabbing the feet, etc.

【4】Level of production safety accidents

The " Safety Production Law " issued in 2002 does not specifically stipulate the level of production safety accidents. Article 3 of the "Regulations on Reporting and Investigation and Handling of Production Safety Accidents" issued by the State Council in 2007 stipulates that 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) A particularly serious accident refers to an accident that causes more than 30 deaths, or more than 100 serious injuries (including acute industrial poisoning, the same below), or more than 100 direct economic losses;

(II) A major accident refers to a result of more than 10 people and 30 people.

(III) Major accidents refer to accidents that cause death to less than 3 people and less than 100 people, or direct economic losses of less than 100 million yuan;

(III) Major accidents refer to accidents that cause death to less than 3 people and less than 10 people, or serious injuries of less than 50 people, or direct economic losses of less than 10 million yuan;

(IV) General accidents refer to accidents that cause death to less than 3 people, or serious injuries of less than 10 people, or direct economic losses of less than 10 million yuan.

The State Council’s production safety supervision and administration department may work with relevant departments of the State Council to formulate supplementary regulations on the classification of accident levels.

The "above" referred to in the first paragraph of this article includes the number itself, and the "below" referred to as "below" does not include the number itself.

Penalty Standard: If the main person in charge of a production and operation unit fails to perform the safety management duties stipulated in this Law and causes a production safety accident, the production safety supervision and management department shall impose a fine in accordance with the following provisions:

(1) If a general accident occurs, a fine of 40% of the annual income of the previous year will be imposed;

(2) If a major accident occurs, a fine of 60% of the annual income of the previous year will be imposed;

(3) If a major accident occurs, a fine of 80% of the annual income of the previous year will be imposed;

(4) If a particularly serious accident occurs, a fine of 100% of the annual income of the previous year will be imposed.

According to Article 114 of the "Production Safety Law" revised and implemented on September 1, 2021, the responsible production and operation units shall not only require them to bear corresponding compensation and other responsibilities in accordance with the law, the emergency management department shall impose a fine in accordance with the following provisions:

(I) If a general accident occurs, more than 300,000 yuan will be punished for more than 300,000 yuan if it occurs. A fine of less than one million yuan;

(II) If a major accident occurs, a fine of less than one million yuan and not more than two million yuan will be imposed;

(II) If a major accident occurs, a fine of less than two million yuan and not more than one million yuan will be imposed;

(IV) If a particularly serious accident occurs, a fine of less than one million yuan and not more than two million yuan will be imposed. If a production safety accident occurs in

, and the circumstances are particularly serious and the impact is particularly bad, the emergency management department may impose a fine on the responsible production and operation units at least twice but less than five times the amount of the fine in the preceding paragraph.

The accident punishment for which it does not constitute a general accident obviously does not comply with the penalty regulations, and can be reviewed or filed. If the production and operation unit is deemed to be a general accident and does not bear the responsibility for the accident, it may also file an administrative lawsuit. According to , the Supreme People's Court , the safety supervision department has the right to apply the "Production Safety Law" and the "Production Safety Accident Reporting and Investigation and Handling Regulations" to impose administrative penalties on road traffic safety issues and applicable laws. If the failure to fulfill the obligation of safety education and training is not the direct cause of a traffic accident, the safety supervision department shall apply Article 37 of the "Production Safety Accident Reporting and Investigation and Handling Regulations" to impose administrative penalties on relevant transportation enterprises.

【5】Production and investigation and handling of production safety accidents

Production and investigation and handling regulations Order No. 493

(Quick Read Version)

Key points:

3 time limits for accident reporting time:

The first time limit is : Relevant personnel at the scene of the accident to this order The time required for the person in charge to report to the person in charge immediately;

The second time boundary is : After the person in charge of the unit receives the report, it will be within 1 hour for the production and operation unit to report to the safety supervision and management department;

The third time is : In reports at all levels from townships, towns to county and above, the time for reporting at each level shall not exceed 2 hours.

Why is the time limit clear?

Whether it is the " Criminal Law " or Order No. 493, including the provisions on party discipline and political discipline sanctions in the field of production safety, the penalties for concealing, underreporting, late reporting, and false reporting of production safety accidents have been increased. This requires a very strict regulations on the time for accident reporting to determine its basic principles, which is also convenient for accurate grasping in the entire accident reporting process.

unit and department for accident reporting?

The Regulations stipulate that relevant personnel at the scene of the accident report to the person in charge of the unit; the person in charge of the unit reports to the emergency management department and the department responsible for production safety supervision and management, and to the emergency management department at or above the county level and the relevant departments responsible for production safety supervision and management; the regulations of

need to be explained:

⑴ After the accident occurs, the first thing to be reported to the local emergency management department, and the emergency management department, public security, labor, security, trade union, people's procuratorate and report to the people's government at the same level.

⑵ Understanding and grasping the relevant departments responsible for production safety supervision and management. The general understanding refers to the industry management agencies of production and operation units and departments responsible for professional supervision and management.

accident report content?

There are roughly 3 processes for accident reporting:

The first process is the initial report of the accident;

The second process is the intermediate report of the accident;

The third process is the final report of the accident.

accident report is divided into 3 reports to complete:

The first is the initial report of . The content of the initial report includes the time, place, unit and preliminary situation of casualties of the accident, including the number of people missing.

The second is The process is the intermediate report of an accident. The intermediate report of an accident is relatively complicated and difficult to grasp and define. Generally speaking, after the personnel of the accident rescue arrive at the scene, they further understand the situation of the accident, including changes in the casualties, changes in the emergency rescue process, changes in the organizational situation during the emergency rescue process, etc. All changes that occur after the initial report should be reported in a timely manner. The reports generated in this process are intermediate reports of the accident, which can be once, and can be multiple times, and should be determined according to the situation of the emergency rescue.

The third one is After the accident rescue is completed, the content will be provided according to the 6 aspects of the "Regulations" to provide an accident end report

issues that should be handled during the accident report

⑴ Rescue should be organized in a timely manner.

⑵ Relevant units and personnel shall not destroy the accident scene or destroy relevant evidence.

⑶ Further strengthen the integrity of the accident termination report.

⑷ Accident report must be carried out objectively and accurately. ,

Production safety accident report and investigation and handling regulations Order No. 493

1. Purpose:

Standardize the reporting and investigation and handling of production safety accidents, implement the system of accountability for production safety accidents, and prevent and reduce production safety accidents.

2. Applicable:

Report and investigation and handling of production safety accidents that cause personal casualties or direct economic losses in production and operation activities.

III. Accident classification:

30 or more

Note: Serious injuries include acute industrial poisoning, "above" includes this number, and the so-called "below" does not include this number.

IV. Requirements for accident reporting:

should be timely, accurate and complete, and must not report late, miss reports, lies, or conceal.

5. Enterprise accident report:

General process:

Relevant personnel at the scene of the accident Immediate → The person in charge of this unit within 41 hours → The safety supervision and management department of the people's government at or above the county level in the place where the accident occurred (the relevant departments responsible for the safety supervision and management)

Emergency situation:

Relevant personnel at the scene of the accident → The safety supervision and management department of the people's government at or above the county level in the place where the accident occurred (relevant departments responsible for the safety supervision and management)

6. Accident report of the safety supervision and management department:

General process:

1. Notify the people's government at the same level, public security organs, labor and social security administrative departments, trade unions, and people's procuratorate;

2, within 42 hours → Municipal people's government with districts within 42 hours [General accident] → Provincial, autonomous region, and municipal people's governments html html html 2 hours html [major accident] → The State Council [Extremely Serious Accident]

When necessary: ​​ report

7. Contents that should be included in the report of an accident:

1, the accident occurred unit profile ;

2, the accident occurred time, place and accident On-site situation ;

3. A brief of the accident passed ;

4. The number of casualties that have been caused or may have caused by the accident (including the number of missing persons) and the preliminary estimate of direct economic losses of ;

5. Measures taken by ;

6, other should report.

8. Response reporting requirements for the number of casualties:

Production safety accident 30html Within 5 days (traffic and fire accident 7 days)

9. After receiving the report, the person in charge of the accident unit shall:

1, immediately start the corresponding emergency plan for , or take effective measures to organize rescue ;

2, prevent the expansion of accidents;

3, reduces casualties and property losses.

10. After receiving the report, the head of the relevant department should:

immediately rushed to the scene and organize accident rescue.

1. After the accident, the relevant units and personnel shall:

1. Properly protect the accident scene and related evidence. No unit or individual shall destroy the accident scene or destroy relevant evidence.

2. If objects on the accident site need to be moved due to rescue personnel, preventing the spread of accidents, and clearing traffic, signs should be made, a simplified picture of the site should be drawn and written records should be made, and important traces and physical evidence should be properly preserved on the site.

12. Principles of accident investigation:

Seek truth from facts and respect science.

13. Accident investigation requirements:

1. Timely and accurately check the process, cause, and loss of ;

2. Ascertain the nature of , determine the responsibility for the accident ;

3. Summary of lessons learned by , propose measures to rectify ;

4. The person responsible for the accident is held accountable for in accordance with the law.

14. The corresponding investigation unit level of each accident level:

State Council

All levels can directly organize accident investigations, or authorize or entrust relevant departments to organize accident investigation teams for investigations.

general accidents that have not caused casualties, the county-level people's government may also entrust the accident unit to organize an accident investigation team to conduct an investigation.

If the accident is at or below a particularly serious accident, and the accident place and the unit that occurred are not in the same county or above administrative area, the people's government of the place where the accident occurs shall be responsible for the investigation, and the people's government where the accident unit is located shall send someone to participate.

15. Principles of the composition of the accident investigation team:

follows streamlining and efficiency.

16. The composition of the accident investigation team includes:

1, the relevant people's government

2, the safety supervision and management department

3, the relevant departments responsible for safety supervision and management

4, the supervisory agency

5, the public security agency

6, the trade union

7, the people's procuratorate

8, and relevant experts can be hired to participate in the investigation.

The leader of the accident investigation team is designated by the people's government responsible for the accident investigation. The head of the accident investigation team presides over the work of the accident investigation team.

17. Members of the accident investigation team require:

has the knowledge and expertise required for accident investigation and has no direct interest in the accident investigated.

18. Responsibilities of the accident investigation team:

1. Ask for the accident, cause, casualties and direct economic losses;

2. Determine the nature and responsibility for the accident;

3. Put forward suggestions for handling the person responsible for the accident;

4. Summarize the lessons of the accident and propose prevention and rectification measures;

5. Submit an accident investigation report.

19. Time limit for submission of accident investigation report:

60 Within 5 days from the date of the accident, the special circumstances shall be approved, and the maximum extension shall not exceed 60 days. The time required for technical appraisal is not included in the accident investigation period.

20. The contents of the accident investigation report include:

1. Overview of the accident unit;

2. The accident process and accident rescue situation;

3. The casualties and direct economic losses caused by the accident;

4. The cause and nature of the accident;

5. The determination of accident responsibility and the handling suggestions for the person responsible for the accident;

6. Accident prevention and rectification measures.

Accident investigation report shall be accompanied by relevant evidence materials. Members of the accident investigation team shall sign the accident investigation report.

21. Principles of accident handling: Four do not let go

1. The cause of the accident has not been found out and will not let go;

2. The person responsible for the accident has not been dealt with will not let go;

3. The person responsible for the accident and the people around him has not been educated and will not let go;

4. The accident formulation of practical rectification measures for has not been implemented will not let go.

22. The approval time limit of the people's government:

From the date of receiving the accident investigation report,

Approval within 5 days;

Extraordinary major accidents 30 Under special circumstances, it can be appropriately extended, but the extension shall not exceed 30 days.

23. Accident handling:

According to the approval of the People's Government, the corresponding organs shall impose administrative penalties and punishments on the units and relevant personnel of the accident, and those suspected of committing crimes shall be held criminally responsible. The unit that occurs in the accident shall deal with the person responsible for the accident of the unit.

24. Fine:

1. The main person in charge imposed a fine of 40% to 100% of the previous year's annual income

1. Those who do not organize accident rescue immediately;

2. Those who report late or missed accidents

3. Those who leave their posts without permission during the accident investigation and handling period.

2. The unit imposes a fine of not less than 1 million and not more than 5 million yuan. The main responsible person and the direct person in charge impose a fine of 60% to 100% of the annual income of the previous year

1. Lie or conceal the accident

2. Forge or intentionally damage the accident scene;

3. Transfer or conceal funds or property, or destroy relevant evidence and information;

4. Refusing to accept investigation or refusing to provide relevant information and information;

5. Perjury or instruct others to commit perjury during the accident investigation;

6. Flee after the accident.

3. The unit of the accident is responsible for the accident.

1. If a general accident occurs, a fine of not less than RMB 100,000 and not more than RMB 200,000;

2. If a major accident occurs, a fine of not less than RMB 200,000 and not more than RMB 500,000;

3. If a major accident occurs, a fine of not less than RMB 500,000 and not more than RMB 2 million;

3. If a major accident occurs, a fine of not less than RMB 500,000 and not more than RMB 2 million;

4. If a particularly serious accident occurs, a fine of not less than RMB 2 million and not more than RMB 5 million

The newly revised "Production Safety Law" Article 114: In addition to requiring the responsible production and operation units to bear corresponding compensation and other responsibilities in accordance with the law, the emergency management department shall impose a fine of not less than RMB 300,000 and not more than RMB 1 million;

(II) If a major accident occurs, a fine of not less than RMB 1 million and not more than RMB 2 million The following fines;

(III) If a major accident occurs, a fine of not less than RMB 2 million and not more than RMB 10 million will be imposed;

(IV) If a particularly serious accident occurs, a fine of not less than RMB 10 million and not more than RMB 20 million will be imposed;

If a production safety accident occurs, the circumstances are particularly serious and the impact is particularly bad, the emergency management department may impose a fine on the responsible production and operation units at least twice but less than five times the amount of the fine in the preceding paragraph

4 , The main person in charge of the unit in which the accident fails to perform its safety management duties in accordance with the law, resulting in the accident

1. If a general accident occurs, a fine of 40% of the annual income of the previous year will be imposed;

2. If a major accident occurs, a fine of 60% of the annual income of the previous year will be imposed;

3. If a major accident occurs, a fine of 80% of the annual income of the previous year will be imposed;

4. If a particularly serious accident occurs, a fine of 100% of the annual income of the previous year will be imposed.

According to the latest provisions of the new "Production Safety Law", the main person in charge of the production and operation unit has not fulfilled the safety management duties stipulated in this Law, If a production safety accident occurs, the emergency management department shall impose a fine in accordance with the following provisions:

25. Administrative sanctions:

1. The supervisors and other directly responsible persons of the relevant local people's governments, production safety supervision and management departments, and relevant departments responsible for production safety supervision and management. Punishment shall be imposed according to law; if a crime is constituted, criminal liability shall be pursued in accordance with law:

1. If an accident is not organized immediately;

2. If an accident is reported late, missed, falsely reported or concealed the accident;

3. If an accident investigation is obstructed or interfered with the accident investigation,

4. If a person commits perjury or instructs others to commit perjury.

2. If a person involved in the accident investigation commits any of the following acts in the accident investigation, he shall be punished according to law; if a crime constitutes a crime, he shall be held criminally responsible in accordance with law:

1. If he is irresponsible for the accident investigation work, resulting in major omissions in the accident investigation work;

2. Shelter or protect the person responsible for the accident or take the opportunity to retaliate.

3. The accident unit is responsible for the accident and is responsible for the accident and is responsible for the accident. The relevant departments of the accident unit temporarily withheld or revoked their relevant certificates and licenses in accordance with the law; the relevant personnel who are responsible for the accident unit shall suspend or revoke their professional qualifications and job certificates related to production safety in accordance with the law;

If the main person in charge of the accident unit is subject to criminal punishment or dismissal, they shall not serve as the main person in charge of any production and operation unit within 5 years from the date of execution of the punishment or being punished.

4. The intermediary agency that the unit in which the accident occurs provides false certificates

The relevant departments temporarily withheld or revoked their relevant certificates and their relevant personnel's professional qualifications in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law. The administrative penalty for fines stipulated in

shall be decided by the safety production supervision and management department.

[6] General compilation of criminal law norms for safety accident crimes

(Source: "General compilation of criminal law norms" (12th edition), published by Law Publishing House in March 2021)

(Safety accident crimes include crimes of major liability accidents, crimes of forced orders and organizing others to take risks in violation of the rules, crimes of dangerous operations, crimes of major labor safety accidents, crimes of major safety accidents for large-scale mass activities, crimes of dangerous goods, major engineering projects Crime of safety accidents, major safety accidents in education facilities, fire safety accidents, crime of not reporting or false reporting of safety accidents)

[Current Criminal Law]

Article 134 [Crime of major safety accidents] [Crime of major safety accidents] If a major casualty accident occurs during production and operation, and thus causes major casualties or other serious consequences, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years.

[Crime of forcibly ordering or organizing others to take risks in violation of regulations and risky operations] Forcibly ordering others to take risks in violation of regulations or do not rule out even though they know that there are major accident hazards but still risk organizing operations, and thus causing major casualties or other serious consequences, they shall be sentenced to fixed-term imprisonment of not more than five years or detention; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not more than five years.

Article 134 1 [Crime of Dangerous Operation] Violate relevant safety management regulations in production and operation, and in one of the following circumstances, and have a real danger of major casualties or other serious consequences, he shall be sentenced to fixed-term imprisonment of not more than one year, detention or control:

(I) Close or destroy monitoring, alarm, protection, life-saving equipment, facilities that are directly related to production safety, or tamper with, Concealing or destroying relevant data and information;

(II) Refusal to implement the matters involving production and business, stopping construction, stopping use of relevant equipment, facilities, places or immediately taking rectification measures to eliminate dangers due to major accident hazards;

(II) Matters involving production safety are engaged in mining, metal smelting, construction, and production, operation, and storage of dangerous goods without approval or permission in accordance with the law.

Article 135 [Crime of major labor safety accidents] If a safe production facility or production safety conditions do not comply with national regulations, and a major casualty accident occurs or other serious consequences are caused, the directly responsible supervisor and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than three years or detention; if the circumstances are particularly serious, the sentence shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years.

Article 135 1 [Crime of Major Safety Accidents for Large-scale Mass Activities] If a large-scale mass activities violates safety management regulations, and causes major casualties or other serious consequences, the directly responsible supervisors and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than three years or detention; if the circumstances are particularly serious, the sentence shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years.

Article 136 [Crime of Causing Accidents of Dangerous Items] Violate the management regulations of explosive, flammable, radioactive, toxic and corrosive items, and cause major accidents in production, storage, transportation, and use, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are particularly serious, shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years.

Article 137 [Crime of Major Safety Accidents in Engineering] If a construction unit, design unit, construction unit, and engineering supervision unit violates national regulations, lowers the project quality standards, and causes major safety accidents, the directly responsible person shall be sentenced to fixed-term imprisonment of not more than five years or detention, and shall be fined; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not more than five years but not more than ten years, and shall be fined.

Article 138 [Crime of major safety accidents in educational facilities] Knowing that the school building or educational and teaching facilities are in danger, but failing to take measures or failing to report in a timely manner, resulting in major casualties, the directly responsible person shall be sentenced to fixed-term imprisonment of not more than three years or detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years.

Article 139 [Fire Fighting Responsible Accident Crime] If a fire protection management regulations are violated and corrective measures are taken and the fire protection supervision agency refuses to execute, causing serious consequences, the directly responsible person shall be sentenced to fixed-term imprisonment of not more than three years or detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 139 1 [Crime of not reporting or lying about safety accidents] After a safety accident occurs, the person responsible for reporting does not report or lie to the accident situation and delays the rescue of the accident. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years.