Regulations on the Reporting, Investigation and Handling of Work Safety Accidents
Regulations on the Reporting, Investigation and Handling of Work Safety Accidents
Regulations on the Reporting, Investigation and Handling of Work Safety Accidents
Order of the State Council of the People's Republic of China No. 493
April 9, 2007
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Work Safety Law of the People's Republic of China and the relevant laws for the purposes of regulating the reporting, investigation and handling of work safety accidents, implementing the liability system for work safety accidents and preventing and reducing work safety accidents.
Article 2 These Regulations shall apply to the reporting, investigation and handling of work safety accidents that cause personal injuries or deaths or direct economic losses during work and business activities. These Regulations shall not apply to the reporting, investigation and handling of environmental pollution accidents, nuclear facility accidents and national defense and scientific research accidents.
Article 3 Accidents shall, according to work safety accidents (hereinafter referred to as the "accidents") that cause personal injuries or deaths or direct economic losses, generally be categorized as follows:
1. Particularly significant accidents shall refer to accidents that cause more than 30 deaths, or serious injuries of more than 100 people (including acute industrial poisoning, hereinafter the same), or direct economic losses of more than CNY100 million;
2. Significant accidents shall refer to accidents that cause more than ten deaths but less than 30 deaths, or serious injuries of more than 50 people but less than 100 people, or direct economic losses of more than CNY50 million but less than CNY100 million;
3. Relatively significant accidents shall refer to accidents that cause more than three deaths but less than ten deaths, or serious injuries of more than ten people but less than 50 people, or direct economic losses of more than CNY10 million but less than CNY50 million;
4. General accidents shall refer to accidents that cause less than three deaths, or serious injuries of less than ten people, or direct economic losses of less than CNY10 million.
The work safety regulatory department under the State Council may formulate supplementary provisions on the categorization of accidents together with the relevant departments of the State Council.
For the purposes of the first paragraph of this Article, "more than" shall include such numbers, and "less than" shall exclude such numbers.
Article 4 The reporting of accidents shall be timely, accurate and complete. No delay, omission, lying or concealment of reporting by any entities or individuals is allowed.
The investigation and handling of accidents shall adhere to the principles of practicality and respect of science, timely and accurately investigate the details, reasons and losses from accidents, ascertain the nature of accidents, recognize the liability of accidents, summarize the lessons from accidents, give rectification measures, and pursue the liability of the responsible parties of accidents according to law.
Article 5 The people's governments at the county level or above shall comply with these Regulations to strictly perform duties and timely and accurately complete the investigation and handling of accidents.
The local people's governments at the place where accidents occur shall support and coordinate with the people's governments at a higher level or the relevant departments for the investigation and handling of accidents, and provide the necessary convenience.
The departments and entities participating in the investigation and handling of accidents shall coordinate with each other and raise the efficiency of the investigation and handling of accidents.
Article 6 Trade unions shall participate in the investigation and handling of accidents according to law, and have the right to make suggestions on handling to the relevant departments.
Article 7 No entities or individuals shall thwart or interfere with the reporting of accidents and the lawful investigation and treatment thereof.
Article 8 In relation to any illegal acts involved in the reporting, investigation and handling of accidents, any entities or individuals shall have the right to make a report to work safety regulatory department, supervisory authority or other relevant departments, the department that receives the report shall timely handle such accidents according to law.
Chapter II Reporting of Accidents
Article 9 After the occurrence of the accident, the personnel at the scene of the accident shall immediately report to the responsible person of the entity. Upon receiving the report, the responsible person of the entity shall report within one hour to the work safety regulatory department of the people's government at the county level or above at the place where the accident occurs and the relevant department responsible for work safety regulation.
In urgent circumstances, the personnel at the scene of the accident may directly report to the work safety regulatory department of the people's government at the county level or above at the place where the accident occurs and the relevant department responsible for work safety regulation.
Article 10 Upon receiving the reporting of the accident, the work safety regulatory department and the relevant department responsible for work safety regulation shall make upward reporting according to the following provisions and inform the public security authority, the labor security administrative department, the trade union and the people's procuratorate:
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