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1、Byelaw governing reporting, investigation and handling of production safety accidentsAn order by PRC State CouncilNo 493 “The Byelaw governing reporting, investigation and handling of production safety accidents” was adopted at 172nd session of standing committee of State Council on Mar 28, 2007. It
2、 is hereby publicized and shall be implemented starting Jun1, 2007.Wen Jiabao, Premier of State CouncilDated Apr 9, 2007Byelaw governing reporting, investigation and handling of production safety accidentsChapter 1General RulesArt 1. This byelaw is drawn up in accordance with “Safety Production Law
3、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
4、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, an
5、d 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) Par
6、ticularly 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
7、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
8、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 saf
9、ety 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 accid
10、ent 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 respe
11、cting 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 shoul
12、d 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. Peoples government from county level up, shall as per this byelaw, strictly perform its duty and complete the investigation and handling of acciden
13、t 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
14、 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 suggesti
15、ons 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 product
16、ion 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 timeChapter 2Reporting of the AccidentArt 9. After the accident has happened, relevant persons on site of accident shall immediately report to the person
