不以为然的然是什么意思生产安全事故报告和调查处理条例英文版

2021年1月18日发(作者：失业证明)
Byelaw governing reporting, investigation and handling of production safety accidents
An order by PRC State Council
No 493

“The Byelaw governing reporting, investigation and handling of production safety accidents”
was adopted at 172
nd
session of standing committee of State Council on Mar 28, 2007. It is
hereby publicized and shall be implemented starting Jun1, 2007.
Wen Jiabao, Premier of State Council
Dated Apr 9, 2007
Byelaw governing reporting, investigation and handling of production safety accidents
Chapter 1 General Rules
Art 1. This byelaw is drawn up in accordance with “Safety Production Law of the PRC” and
other relevant laws for the purposes of regulating the reporting and handling of production
safety accidents, implementing responsibility recourse for production safety accidents and
preventing and reducing production safety accidents.
Art. 2. Reporting and handling of the production safety accidents that have happened during
production and business activities and operations resulting in bodily injuries and deaths or
direct economic losses shall be applicable to this byelaw. Reporting, investigating and
handling of accidents in environmental contamination, nuclear facilities, and defense scientific
research and production shall not be applicable to this byelaw.
Art 3. Accidents shall be in general, divided into the following levels in terms of bodily injuries
and deaths or direct economic losses resulted in by the production safety accidents (hereafter
as “accident”):
1) Particularly serious accident: refers to accident that has resulted in over 30 cases of death
or over 100 cases of serious injuries/wounds (including acute industrial poisoning, same
hereafter) or over 100 million RMB direct economic losses;
2) Major accident: refers to accident that has caused over 10 but below 30 cases of death, or
over 50 cases but below 100 of serious injuries /wounds, or direct economic losses
amounting to over 50 million but below 100 million RMB;
3) Serious accident: refers to accident that has resulted in over 3 but below 10 cases of death,
or over 10 but below 50 cases of serious injuries /wounds, or direct economic losses over
10 million but below 50 million RMB;
4) Accident of minor seriousness refers to accident that has resulted in below 3 cases of
death, or below 10 cases of serious injuries /wounds or direct economic losses of below 10
million RMB.
Production safety supervisory dept of the State Council may together with other State Council
departments, draw up supplemental rules for the categorizing of accidents.
“Over” as used in clause 1 of the article includes the original number and “below” does not
include the original number.
Art 4. Reporting of accident that has happened shall be in time, accurate, complete and no
unit or individual shall be allowed to delay the reporting, miss any content, falsify or hide any
fact in the report.
Investigation and handling of the accident shall be based on the principle of “seeking truth
through facts, and respecting science”. It shall be task of such investigation and handling to in
a timely and accurate manner, get clear about the process of the accident, its causes and
losses resulted in, find out and establish the nature of the accident, and establish
responsibilities and then sum up lessons that should be drawn from the accident and come up
with rectification action plan and also affix legal liability on the persons responsible for the
accident.
Art5. People’s government from county level up, shall as per this byelaw, strictly perform its
duty and complete the investigation and handling of accident in a timely and accurate manner.
Government in the locality where the accident has happened shall support and cooperate with
the superior government department or other relevant department in the investigation and
handling of accident and provide necessary convenience and facilities.
Departments and units participating in the accident investigation and handling shall cooperate
with each other for better efficiency in the job.
Art 6. Trade Union Council shall participate in the accident investigation and handling as per
relevant law, and shall have the right to present its proposals and suggestions about the
handling of accident to relevant department.
Art 7. No unit or individual shall be allowed to impede or intervene in the reporting of accident
and the lawful investigation and handling of the accident.
Art 8. Any unit or individual shall have the right to report to and inform the production safety
supervisory department, supervision department or other relevant department of the law-
breaching acts during the accident investigation and handling. And those departments that
have received such reports and information shall proceed to treat it as per relevant law in
good time
Chapter 2 Reporting of the Accident
Art 9. After the accident has happened, relevant persons on site of accident shall immediately
report to the person responsible of own unit, who, upon receiving the report, shall within 1
hour, report to the production safety supervision department in the local government from
country level up, and to relevant department that is responsible for production safety
supervision.
Where situation is critical relevant person on the site of accident may directly report to the
production safety supervision department in the local government from country level up, and
to relevant department that is responsible for production safety supervision.
Art 10. Upon receiving such report, the production safety supervision department in the local
government from country level up, and relevant department that is responsible for production
safety supervision shall as per rules listed below, report to public security department, labor
security admin department, trade union and the people’s procuratorate:
For particular serious accident and major accident, level by level up to the production safety
supervision department of State Council and relevant departments responsible for production
safety supervision
For serious accidents, level by level up to the production safety supervision department of
government at provincial, autonomous region, municipalities directly under central
government level and relevant departments responsible for production safety supervision
For accidents of minor seriousness, to city level government where production safety
supervision department and relevant depart responsible for production safety supervision are
set up.
The production safety supervision department and relevant depart responsible for production
safety supervision shall report to their superiors the way described in the previous clause and
at the same time, shall report to the government at the level equal to their own. Production
safety supervision department and relevant depart responsible for production safety
supervision at the State Council and provincial government, on receiving reports about
particularly serious accidents / major accidents, shall immediately report to the State Council.
When necessary production safety supervision department and relevant depart responsible
for production safety supervision may jump the levels in between in reporting to the superior
departments.
Art 11. In reporting the accidents level by level to production safety supervision departments
and relevant depart responsible for production safety supervision, time for reporting to the
superior at each level shall not exceed 2 hours.
Art 12. Report of accidents shall include the following:
1) brief account of the unit where the accident has happened ；
2) Time, place of the accident and situation on site of the accident
3) Brief account of the accident
4) Number of casualties already resulted in or possibly resulted in (including number of the
missing) and the initial estimate of direct economic loss ；
5) actions already taken；
6) Other info that should be reported.
Art 13. Where new situation ensued after the occurrence of accident, the new situation shall
be additionally reported in time.
Within 30 days of the happening of the accident, the change of casualty number shall be
additionally reported in time. With 7 days of the happening of road accident or fire accident,
the change of casualty number shall be additionally reported in time.
Art 14. Upon receiving the report about accident, the person responsible for the unit where
the accident happened shall immediately activate contingency plans or take other effective
actions to organize rescue and keep the accident from worsening to reduce casualties and
property loss.
Art 15. Upon receiving report about the accident, the people’s government, production safety
supervision department and relevant depart responsible for production safety supervision, the
persons responsible shall immediately hurry to the accident site to organize rescue and aid
activities.
Art 16. Relevant units and persons shall, after the accident has happened, properly keep the
accident site intact and preserve the relevant evidence. No unit or individuals shall be allowed
to damage the accident site or destroy relevant evidence.
Where objects on the accidents have to be moved for purposes of rescuing people, keeping
the accident from worsening and going further or clearing up traffic jams, marks shall be
made and sketches shall be drawn and record in writing shall be made. Important imprints
and other physical evidence shall be properly preserved.
Art 17. Public security department of the locality where the accident has happened shall as
per actuality of the accident, set up cases as per relevant law of those suspected of
committing crimes and take compulsory actions and detective actions accordingly. Where the
suspects have fled or hidden, the public security department shall speedily catch them to
bring them to justice.
Art 18. The production safety supervision department and relevant depart responsible for
production safety supervision shall set up the duty system and publicize the phone number for
calling the staff on duty in order to receive report and information.
Chapter 3 Investigation of the Accident
Art 19. For particularly serious accidents the State Council or the State Council authorized
department shall organize investigation group for the investigation task.
For major and serious accidents and accidents of minor seriousness, normally the provincial
government, city level government, with jurisdiction over districts, and county level
government shall be responsible for the investigation. The provincial government, city level
government, with jurisdiction over districts, and county level government may directly
organize investigation or may also authorize relevant department to organize investigation.
For accidents of minor seriousness, government at county level also may authorize the unit
where accident happened to organize investigation
Art 20. When the superior level of government deems it necessary, he may make
investigation into the accident investigated by the government under him.
Within 30 days of the happening of the accident (7 days in the case of road traffic accident,
fire accident), where nature of the accident changes due to the change of casualty number
etc so that according to this byelaw, it should be investigated by government of a superior
level, the superior level government may organize separately its investigation group for the
accident.
Art 21. For accidents whose nature is below serious accident, and where accident has
happened at a place of administration other than where the unit is located, the accident shall
be investigated by the government of the area where accident happened, while government
of the administration area where the unit is located shall send relevant persons over to take
part.