(Effective Date:1991.03.01–Ineffective Date:)
CHAPTER I GENERAL PRINCIPLES CHAPTER II REPORTING OF ACCIDENTS CHAPTER III INVESTIGATION OF ACCIDENTS CHAPTER IV HANDLING OF ACCIDENTS Article 1 The present regulations are drawn up to ensure the timely reporting, tabulating, investigating and handling fatal accidents involving Article 2 The present regulations are applicable to all enterprises within the territory of the People’s Republic of China. Article 3 The fatal accidents referred to in the present regulations are those causing personal harms and acute intoxication of workers and Article 4 The work of reporting, tabulating, investigating and handling fatal accidents must be based on the principle of relying on facts
CHAPTER II REPORTING OF ACCIDENTS Article 5 When a fatal accident happened, the injured or whoever at the site of accident should immediately report directly or via their superiors Article 6 On receiving the report of an accident causing serious injuries, deaths, or major casualties, the top executives of the enterprise Article 7 On receiving the report of a fatal or major fatal accident, the department in charge of the enterprise and the labour department Article 8 The enterprise where a fatal or major fatal accident happened should protect the site of the accident and take quick and necessary
CHAPTER III INVESTIGATION OF ACCIDENTS Article 9 In case of an accident causing light or serious injuries, the top executives of an enterprise or their appointees should organize Article 10 In case of a fatal accident, the departments in charge of the enterprise should form an accident investigation team together with In case of a major fatal accident, the departments in charge of the enterprise at the provincial, autonomous regional and municipal The accident investigation teams formed in accordance with the provisions of the two preceding paragraphs of the present Article should Article 11 Members of the accident investigation team should satisfy the following conditions: (1) Specialized in any one aspect required in the investigation of an accident; (2) Being not a party of direct interest to the accident. Article 12 Duties of the accident investigation team: (1) Find out clearly the causes, occurrence, casualties and economic losses due to the accident; (2) Determine the person(s) responsible for the accident; (3) Put forward its opinions on the handling of the accident and proposals on the preventive measures to be taken; (4) Write out the report on the investigation of the accident. Article 13 The accident investigation team has the right to ask for relevant information and data from the enterprise concerned and from related Article 14 After clarifying the circumstances of the accident, if the accident investigation team could not arrive at a unanimous view on the Article 15 No unit or person is allowed to impede or interfere in the normal work of the accident investigation team.
Article 16 The opinions of the accident investigation team for handling the accident and its proposals for preventive measures should be carried Article 17 In case of a fatal accident caused by a neglect of safety in production, giving directions in contravention to established rules Article 18 If in contravention to the present regulations an enterprise fail to report the occurrence of a fatal accident, or give false information, Article 19 In the course of investigating and handling a fatal accident, if there were cases of derogation of duties, practice of favouritism Article 20 The work of handling a fatal accident should conclude within 90 days. In special cases, it should not exceed 180 days. After winding
CHAPTER V SUPPLEMENTARY PROVISIONS Article 21 The method of tabulation and the forms of tables of fatal accidents shall be prepared by the labour departments under the State Council The method of determining economic losses due to a fatal accident and the method of classification of accidents shall be prepared Article 22 The labour departments shall be responsible for the supervision and control of enterprises implementing the present regulations. Article 23 In case of extraordinarily major accidents, it should be handled in accordance with relevant State provisions. Article 24 Fatal accidents in government organs, institutions and people’s organizations should be handled with reference to the present regulations. Article 25 The right of interpretation of the present regulations rests with the labour departments of the State Council. Article 26 The present regulations come into effect as from May 1, 1991. At the same time, the ” Code of Reporting Fatal Accidents of Workers
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