《安徽省安全生产事故调查处理及行政责任追究暂都行规定.doc》由会员分享，可在线阅读，更多相关《安徽省安全生产事故调查处理及行政责任追究暂都行规定.doc（24页珍藏版）》请在三一文库上搜索。
1、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 th
2、e 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
3、, 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 p
4、rovince, 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 productio
5、n 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 t
6、hird 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
7、 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 thousa
8、nd 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;(t
9、hree) 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 a
10、ccident 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
11、 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, fa
12、ir, 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 investigati
13、on 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 co
14、nditions.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 o
15、f 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
16、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 pr
17、operty 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 sh
18、all 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 dep
19、artments 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
20、 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 supervisi
21、on 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 b
22、e 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)
23、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 o
24、f 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 ins
25、titutions 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
26、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 wri
27、tten 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, falsif
28、y 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 safet
29、y 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
30、 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 an
31、d 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 accide
32、nts;(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 supe
33、rvision 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 th
34、e 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.I
35、f 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 for
36、ces 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
37、 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,
38、 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 conce
39、rned, 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
40、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
41、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) c
42、asualties 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) oth
43、er 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 a
44、ccident. 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 people
45、s 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 investigatio
46、n.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 provis
47、ions 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 an
48、d 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 t