Order of the State Council of the People's Republic of China No. 493 _ The Regulations on the Reporting, Investigation and Handling of Production Safety Accidents, which were adopted at the 172nd executive meeting of the State Council on March 28, 2007, are hereby promulgated and shall come into force on June 1, 2007. Premier Wen Jiabao April 9, 2007 Production Safety Accident Reporting, Investigation and Handling Regulations Chapter 1 General Provisions Article 1 In order to regulate the reporting, investigation and handling of production safety accidents, implement the accountability system for production safety accidents, and prevent and reduce production safety accidents, these Regulations are formulated in accordance with the "Production Safety Law of the People's Republic of China" and other relevant laws. Article 2 These Regulations shall apply to the reporting, investigation and handling of production safety accidents that cause personal casualties or direct economic losses during production and business operations; these Regulations shall not apply to the reporting, investigation and handling of environmental pollution accidents, nuclear facility accidents, and national defense scientific research and production accidents. regulations. Article 3 According to the casualties or direct economic losses caused by production safety accidents (hereinafter referred to as accidents), accidents are generally classified into the following levels : Acute industrial poisoning, the same below), or an accident with a direct economic loss of more than 100 million yuan; (2) A major accident refers to the death of more than 10 people but less than 30 people, or serious injuries of more than 50 people but less than 100 people, or more than 50 million yuan Accidents with a direct economic loss of less than 100 million yuan; (3) A major accident refers to an accident that causes more than 3 deaths but less than 10 people, or serious injuries between 10 and 50 people, or direct economic losses between 10 million yuan and 50 million yuan. Accidents; (4) General accidents refer to accidents that cause less than 3 deaths, or serious injuries to less than 10 people, or direct economic losses of less than 10 million yuan. The production safety supervision and administration department of the State Council may, in conjunction with the relevant departments of the State Council, formulate supplementary regulations on the classification of accident grades. The "above" mentioned in the first paragraph of this article includes this number, and the so-called "below" does not include this number. Article 4 Accident reports shall be timely, accurate, and complete, and no entity or individual may delay, omit, falsely report or conceal an accident. Accident investigation and handling shall adhere to the principles of seeking truth from facts and respecting science, promptly and accurately ascertain the course of the accident, the cause of the accident, and the loss of the accident, ascertain the nature of the accident, determine the responsibility for the accident, summarize the lessons of the accident, propose rectification measures, and punish those responsible for the accident in accordance with the law. be held accountable. Article 5 People's governments at or above the county level shall, in accordance with the provisions of these Regulations, strictly perform their duties, and complete accident investigation and handling in a timely and accurate manner. The relevant local people's government at the place where the accident occurred shall support and cooperate with the people's government at a higher level or the relevant department in the investigation and handling of the accident, and provide necessary facilities. The departments and units participating in accident investigation and handling shall cooperate with each other to improve the efficiency of accident investigation and handling. Article 6 The trade union participates in the accident investigation and handling according to law, and has the right to submit handling opinions to the relevant departments. Article 7 No unit or individual may obstruct or interfere with the reporting of the accident and the investigation and handling according to law. Article 8 Any unit or individual has the right to report to the safety production supervision and management department, supervisory organ or other relevant departments for any illegal act in accident reporting and investigation and handling, and the department that receives the report shall deal with it in a timely manner according to law. Chapter II Accident Report Article 9 After an accident occurs, the relevant personnel at the scene of the accident shall immediately report to the person in charge of the unit; after receiving the report, the person in charge of the unit shall report to the work safety supervision and management department of the people's government at or above the county level at the place where the accident occurred and the person responsible for safety within 1 hour. Reports from relevant departments responsible for production supervision and management. In the event of an emergency, the relevant personnel at the accident site may report directly to the work safety supervision and management department of the people's government at or above the county level where the accident occurred and the relevant departments responsible for work safety supervision and management. Article 10 After receiving the accident report, the safety production supervision and management department and the relevant departments with the responsibility of safety production supervision and management shall report the accident situation in accordance with the following provisions, and notify the public security organ, labor security administrative department, trade union and people's procuratorate: (1 ) Especially serious accidents and major accidents are reported to the State Council’s work safety supervision and management department and the relevant departments responsible for work safety supervision and management ; (3) General accidents are reported to the work safety supervision and management department of the people's government at the city level divided into districts and the relevant departments responsible for the work safety supervision and management. The safety production supervision and management department and the relevant departments with the responsibility of safety production supervision and management shall report the accident situation in accordance with the provisions of the preceding paragraph, and shall simultaneously report to the people's government at the same level. The State Council's work safety supervision and administration department, relevant departments in charge of work safety supervision and administration, and provincial people's governments shall report to the State Council immediately upon receipt of reports of particularly major accidents or major accidents. When necessary, the safety production supervision and management department and the relevant departments with the responsibility of safety production supervision and management may report the accident at a higher level. Article 11 The safety production supervision and management department and the relevant departments responsible for safety production supervision and management shall report the accident situation level by level, and the reporting time at each level shall not exceed 2 hours. Article 12 An accident report shall include the following contents: (1) The general situation of the unit where the accident occurred; (2) The time and place of the accident and the circumstances of the accident scene; (3) The brief history of the accident; Preliminary estimated direct economic losses; (5) Measures that have been taken; (6) Other situations that should be reported. Article 13 If any new situation occurs after the accident report, a supplementary report shall be made in a timely manner. If there is a change in the number of casualties caused by the accident within 30 days from the date of the accident, a supplementary report shall be made in a timely manner. If the number of casualties caused by a road traffic accident or fire accident changes within 7 days from the date of occurrence, a supplementary report shall be made in a timely manner. Article 14 After receiving the accident report, the person in charge of the unit where the accident occurred shall immediately activate the corresponding emergency plan for the accident, or take effective measures to organize rescue, prevent the accident from expanding, and reduce casualties and property losses. Article 15 After receiving the accident report, the person in charge of the relevant local people's government, the work safety supervision and management department and the relevant department in charge of work safety supervision and management at the place where the accident occurred shall immediately rush to the accident scene and organize accident rescue. Article 16 After an accident occurs, relevant units and personnel shall properly protect the accident scene and relevant evidence, and no unit or individual may damage the accident scene or destroy relevant evidence. If it is necessary to move objects at the scene of the accident for reasons such as rescuing personnel, preventing the expansion of the accident, and dredging the traffic, signs shall be made, a sketch of the scene shall be drawn and written records shall be made, and important traces and physical evidence of the scene shall be properly preserved. Article 17 The public security organ at the place where the accident occurred shall, according to the circumstances of the accident, file a case for investigation in accordance with the law, and take coercive measures and investigative measures against those suspected of committing a crime. If the criminal suspect escapes, the public security organ shall promptly arrest and bring him to justice. Article 18 The safety production supervision and management department and the relevant departments with the responsibility of safety production supervision and management shall establish a duty system, publish the duty telephone number to the public, and accept accident reports and reports. Chapter III Accident Investigation Article 19 The State Council or the relevant departments authorized by the State Council shall organize an accident investigation team to conduct investigations for particularly serious accidents. Major accidents, major accidents, and general accidents shall be investigated by the provincial people's government, the people's government of a city divided into districts, and the people's government of the county where the accident occurred, respectively. The provincial people's government, the people's government of a city divided into districts, and the people's government at the county level may directly organize an accident investigation team to conduct investigations, or may authorize or entrust relevant departments to organize accident investigation teams to conduct investigations. For a general accident that does not cause casualties, the people's government at the county level may also entrust the unit where the accident occurred to organize an accident investigation team to conduct an investigation. Article 20 When the people's government at a higher level deems it necessary, it may investigate the accident under the responsibility of the people's government at a lower level. Within 30 days from the date of the accident (within 7 days from the date of the occurrence of road traffic accidents and fire accidents), if the accident grade changes due to the change in the number of casualties in the accident, the people's government at a higher level shall be responsible for the investigation in accordance with the provisions of these Regulations, and the people at the higher level shall be responsible for the investigation. The government can organize another accident investigation team to investigate. Article 21 For an accident below the level of a particularly serious accident, where the place where the accident occurred and the unit where the accident occurred are not in the same administrative region at or above the county level, the people's government at the place where the accident occurred shall be responsible for the investigation, and the people's government at the place where the unit where the accident occurred shall send personnel to participate. Article 22 The composition of the accident investigation team shall follow the principles of simplicity and efficiency. According to the specific circumstances of the accident, the accident investigation team shall be composed of persons assigned by the relevant people's government, the safety production supervision and management department, the relevant departments with the responsibility of safety production supervision and management, the supervisory organ, the public security organ and the trade union, and the people's procuratorate shall be invited to participate. . The accident investigation team may hire relevant experts to participate in the investigation. Article 23 The members of the accident investigation team shall have the knowledge and expertise required for accident investigation, and shall have no direct interest in the accident under investigation. Article 24 The leader of the accident investigation team shall be designated by the people's government in charge of the accident investigation. The accident investigation team leader presides over the work of the accident investigation team. Article 25 The accident investigation team shall perform the following duties: (1) Find out the process, cause, casualties and direct economic losses of the accident; (2) Identify the nature of the accident and responsibility for the accident; (3) Propose liability for the accident (4) Summarize the lessons of the accident and propose preventive and rectification measures; (5) Submit the accident investigation report. Article 26 The accident investigation team has the right to learn about the accident-related situation from the relevant units and individuals, and request them to provide relevant documents and materials. The relevant units and individuals shall not refuse. The person in charge of the accident unit and relevant personnel shall not leave their posts without permission during the accident investigation period, and shall accept the inquiry of the accident investigation team at any time and provide relevant information truthfully. If a suspected crime is found during the accident investigation, the accident investigation team shall promptly transfer the relevant materials or their copies to the judicial organ for processing. Article 27 If technical appraisal is required in accident investigation, the accident investigation team shall entrust a unit with the qualifications prescribed by the state to carry out technical appraisal. When necessary, the accident investigation team may directly organize experts to conduct technical appraisal. The time required for technical appraisal is not included in the accident investigation period. Article 28 The members of the accident investigation team shall be honest and impartial, perform their duties with due diligence, abide by the discipline of the accident investigation team, and keep the confidentiality of the accident investigation. Members of the accident investigation team are not allowed to release information about the accident without the permission of the accident investigation team leader. Article 29 The accident investigation team shall submit the accident investigation report within 60 days from the date of the accident; under special circumstances, with the approval of the people's government in charge of the accident investigation, the time limit for submitting the accident investigation report may be appropriately extended, but the extended period shall not exceed 60 days. . Article 30 An accident investigation report shall include the following contents: (1) General situation of the unit where the accident occurred; (2) The process of the accident and the rescue of the accident; (3) The casualties and direct economic losses caused by the accident ; The cause and nature of the accident; (5) Identification of accident responsibility and suggestions for handling those responsible for the accident; (6) Accident prevention and rectification measures. The accident investigation report shall be accompanied by relevant evidential materials. The members of the accident investigation team shall sign the accident investigation report. Article 31 After the accident investigation report is submitted to the people's government in charge of the accident investigation, the accident investigation work will end. The relevant materials of accident investigation shall be archived and kept. Chapter IV Accident Handling Article 32 For major accidents, major accidents and general accidents, the people's government in charge of accident investigation shall issue an approval within 15 days from the date of receipt of the accident investigation report; for particularly major accidents, an approval shall be made within 30 days, and under special circumstances , the approval time can be appropriately extended, but the extended time shall not exceed 30 days. The relevant organs shall, in accordance with the approval of the people's government and in accordance with the powers and procedures stipulated by laws and administrative regulations, impose administrative penalties on the units where the accident occurred and the relevant personnel, and punish the state functionaries who are responsible for the accident. The unit where the accident occurred shall, in accordance with the approval of the people's government in charge of the accident investigation, deal with the personnel of the unit who are responsible for the accident. If the person responsible for the accident is suspected of committing a crime, he shall be investigated for criminal responsibility according to law. Article 33 The unit where the accident occurred shall earnestly learn the lessons of the accident, implement preventive and rectification measures, and prevent the accident from happening again. The implementation of preventive and corrective measures shall be subject to the supervision of the trade union and employees. The safety production supervision and management department and the relevant departments with the responsibility of safety production supervision and management shall supervise and inspect the implementation of preventive and rectification measures by the accident occurrence unit. Article 34 The accident handling information shall be announced to the public by the people's government in charge of accident investigation or the relevant departments or agencies authorized by it, except those that should be kept secret according to law. Chapter V Legal Liability Article 35 If the main person in charge of the unit where the accident occurred has one of the following acts, a fine of 40% to 80% of the annual income of the previous year shall be imposed; if he is a state functionary, he shall be punished according to law; if a crime is constituted, he shall be prosecuted according to law Responsibilities: (1) Failure to organize emergency rescue immediately; (2) Delay in reporting or omitting to report the accident; (3) Leaving duty without permission during the investigation and handling of the accident. Article 36 If the accident occurrence unit and its relevant personnel commit any of the following acts, the accident occurrence unit shall be fined not less than 1 million yuan but not more than 5 million yuan; A fine ranging from 60% to 100% of the previous year's annual income shall be imposed; those who belong to state functionaries shall be punished according to law; those who constitute violations of public security management shall be punished by public security organs according to law; those who constitute a crime shall be investigated for criminal responsibility according to law: (1) Falsely reporting or concealing the accident; (2) Forging or deliberately destroying the scene of the accident; (3) Transferring or concealing funds or property, or destroying relevant evidence and materials; (4) Refusing to accept investigation or to provide relevant information ( 5) Giving perjury in the accident investigation or instigating others to do so; (6) Running away after the accident. Article 37 If the accident occurrence unit is responsible for the occurrence of the accident, it shall be fined according to the following provisions: (1) In case of a general accident, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed; (2) In case of a major accident If a major accident occurs, a fine of not less than 500,000 yuan but not more than 2 million yuan will be imposed; (4) If a particularly serious accident occurs , a fine of not less than 2 million yuan and 5 million yuan will be imposed the following fines. Article 38 If the main person in charge of the unit where the accident occurred fails to perform the duties of production safety management according to law, causing the accident to occur, a fine shall be imposed in accordance with the following provisions; if it is a state functionary, it shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law: (1) In the event of a general accident, a fine of 30% of the annual income of the previous year shall be imposed; (2) In the event of a major accident, a fine of 40% of the annual income of the previous year shall be imposed; (3) In the event of a major accident, a penalty of A fine of 60% of the annual income; (4) In case of a particularly serious accident, a fine of 80% of the annual income of the previous year shall be imposed. Article 39 If the relevant local people's government, the safety production supervision and management department, and the relevant department with the responsibility of safety production supervision and management commit any of the following acts, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; if a crime is constituted (1) Failure to immediately organize accident rescue; (2) Delay in reporting, omitting, falsely reporting or concealing the accident; (3) Obstructing or interfering with accident investigation; (4) During the accident investigation committing perjury or instigating others to give perjury. Article 40 If the accident occurrence unit is responsible for the accident, the relevant department shall suspend or revoke its relevant license according to law; the relevant personnel who are responsible for the accident at the accident occurrence unit shall suspend or revoke their practice related to production safety in accordance with the law Qualifications and post certificates; if the main person in charge of the unit where the accident occurred is punished by criminal punishment or dismissal, he shall not serve as the main person in charge of any production and business unit within 5 years from the date when the punishment is completed or the punishment is imposed. For intermediaries that provide false certificates for the units in which the accident occurred, the relevant departments shall temporarily detain or revoke their relevant certificates and licenses and the practicing qualifications of their relevant personnel according to law; if a crime is constituted, criminal responsibility shall be investigated according to law. Article 41 Persons participating in accident investigation who commit any of the following acts in accident investigation shall be punished according to law; if a crime is constituted, they shall be investigated for criminal responsibility according to law: (1) Being irresponsible for accident investigation work, resulting in major omissions in accident investigation work; ( 2) Covering up or protecting the person responsible for the accident or taking the opportunity to retaliate. Article 42 Where, in violation of the provisions of these Regulations, the relevant local people's government or the relevant department deliberately delays or refuses to implement the approved handling of the person responsible for the accident, the supervisory organ shall impose sanctions on the person responsible in accordance with the law. Article 43 The administrative penalties for fines stipulated in these Regulations shall be decided by the production safety supervision and administration department. Where laws and administrative regulations have other provisions on the types, extents and decision-making organs of administrative penalties, such provisions shall be followed. Chapter VI Supplementary Provisions Article 44: If the State Council or the relevant local people's government deems it necessary to investigate and deal with an accident that does not cause casualties but has a bad social impact, it shall be implemented in accordance with the relevant provisions of these Regulations. The reporting, investigation and handling of accidents occurring in state organs, public institutions, and people's organizations shall be implemented with reference to the provisions of these Regulations. Article 45 For the reporting, investigation and handling of accidents at or below the level of special serious accidents, if other relevant laws, administrative regulations or the State Council provide otherwise, such provisions shall be followed. Article 46 These Regulations shall come into force on June 1, 2007. The "Interim Regulations on Investigation Procedures for Specially Serious Accidents" promulgated by the State Council on March 29, 1989 and the "Regulations on the Reporting and Handling of Casualty Accidents of Enterprise Workers" promulgated on February 22, 1991 shall be abolished at the same time.