Guangzhou Municipal People's Government's Provisions on Handling Casualties and Injuries of Enterprise Employees in Guangzhou Municipality have not been repealed and are still in force.
Guangzhou Municipal People's Government
Provisions on the Handling of Casualties and Injuries of Enterprise Employees in Guangzhou Municipality
Government Decree No. 5
Chapter I General Provisions
Article I
In order to strengthen the management of casualties and injuries among enterprise employees, safeguard the interests of the State and the people from major losses, and promote safe production and economic development, the Government has adopted a series of measures to strengthen the management of casualties and injuries of enterprise employees in Guangzhou Municipality according to the Labor Law of the People's Republic of China*** and the State Council, "the report and treatment of casualties among enterprise workers," combined with the actual situation in the city, the formulation of these provisions.
Article 2
These provisions shall apply to enterprises, business establishments and individual economic organizations (hereinafter referred to as units) within the administrative area of the city.
State organs, administrative institutions and people's organizations shall refer to these provisions.
Article 3
Accidents of injury or death of employees occurring in the course of labor, the accident unit must strictly do a good job of reporting, registration, investigation, analysis, treatment and statistics and other management work.
Article 4
Guangzhou Municipal Labor Bureau of the administrative area of the city of employee casualties within the implementation of supervision and inspection, and is responsible for the organization and implementation of these provisions.
Chapter II Accident Reporting
Article 5
After the occurrence of an employee casualty accident, the person in charge of the accident unit shall immediately organize the rescue of the injured, take effective measures to prevent the accident from expanding and protect the scene of the accident, do a good job of the aftermath of the accident, and report to the relevant departments in accordance with the following provisions:
(1) Accidents with minor injuries shall be reported to the person in charge of the enterprise within 24 hours, safety management department and grass-roots trade union organizations.
(ii) For serious injury accidents, the accident unit shall report to the higher competent unit, labor administration department and labor union organization within 24 hours after the accident.
(3) For accidents with more than 3 serious injuries or 1 to 2 deaths, the accident unit shall report truthfully to the superior competent unit, labor administrative department, trade union organization and people's procuratorate within 4 hours after the accident occurs and fill in the Accident Express Report.
(4) major and especially major fatal accidents with more than 3 deaths shall be reported to the municipal people's government within 2 hours after the occurrence of the accident, and at the same time reported to the municipal labor administrative departments, trade union organizations, people's procuratorate and the supervisory departments.
(E) which acute poisoning, heatstroke accidents, should be reported simultaneously to the administrative department of health; explosives explosion and fire accidents, should be reported simultaneously to the public security department.
Article 6
When an employee is injured and sent to the hospital for treatment, and dies as a result of the failure of resuscitation due to the seriousness of the injury, the accident unit and the hospital shall notify the labor administration department within eight hours to deal with the case.
Article 7
After investigating the scene of the fatal accident at the accident unit, the public security department determines that cases of fatal accidents at work that fall within the scope of acceptance of the administrative department of labor and the people's procuratorate shall promptly notify the administrative department of labor and the people's procuratorate to deal with them.
Article 8
Any unit or individual shall have the right to report to the administrative department of labor, trade union organization or people's procuratorate on the occurrence of serious injuries or fatal accidents of enterprise employees.
Article 9
Cases of employee casualty accidents which belong to the labor bureaus of districts and county-level cities and are responsible for accepting such cases shall be counted and processed in a timely manner and reported to the municipal labor bureaus in accordance with the following prescribed time:
(1) Serious injury accidents within 3 days after the end of the current month.
(ii) Fatal accidents within 8 hours after the accident.
(iii) Major and especially major fatal accidents within 2 hours of receiving the report.
Article 10
An express report of an accident that seriously injures three people and kills one or more shall include the following:
(1) The unit where the accident occurred and its address.
(ii) The time of the accident and its location.
(iii) Casualties, including the name, sex, age, education, type of work, length of service and injured parts, degree of injury of the dead (injured).
(iv) A brief account of the accident.
Article 11
The scene of an accident involving more than three seriously injured persons and a fatal accident must be investigated by the labor administration department and the people's procuratorate, and be cleared only with the consent of the labor administration department.
Article 12
When it is necessary to move objects at the scene for reasons such as rescuing people and preventing the accident from expanding, as well as diverting traffic, the accident unit must mark, photograph, videotape, or draw a sketch of the scene, and write a written record, and keep important traces and physical evidence at the scene properly.
Article 13
After investigating the scene of the accident, the labor administration department shall issue a Certificate of Confirmation of Death of Enterprise Employee to the accident unit.
The funeral unit shall use the Certificate of Confirmation of Death of Enterprise Employee to handle the procedures for the funeral of the body of the person who died in the accident. If there is no such confirmation certificate, the funeral unit shall promptly notify the labor administrative department and the people's procuratorate to handle the case.
Article 14
An entity that has suffered a serious injury or fatal accident or occupational disease shall, within 15 days from the date of occurrence of the accident or the date of diagnosis of the occupational disease, submit a report on the investigation of the accident and fill in an application form for confirmation of the employee's work injury to the local labor administration department. In case of special circumstances, it can be extended to 30 days.
The injured employee or his relatives shall apply to the local labor administration department for confirmation of the injury within 15 days from the date of the accident or the date of diagnosis of the occupational disease, and then apply for insurance benefits from the social security institution. In the event of special circumstances, the time limit for applying for confirmation of work injury may be extended to 30 days. If the injured employee himself or his relatives do not have the possibility to make an application, the trade union organization of the unit may make an application on behalf of the injured employee. The application for confirmation of work injury shall be signed by the unit and submitted. If the unit does not sign the application, the injured employee or his/her relatives may submit the application directly.
Article 15
After receiving the accident investigation report of the accident unit and the application form submitted by the labor administration department for confirmation of the work injury of the employee, the department shall conduct an investigation of the work injury and collect evidence, and make a decision on whether to confirm it as a work injury within seven days. The period may be extended in special circumstances, but shall not exceed 30 days.
Confirmation of the work injury shall be based on the following information:
(a) The employee's application for confirmation of the work injury.
(ii) The diagnosis and certificate of diagnosis of occupational disease from the designated hospital or medical institution for the initial treatment of the work injury.
(3) The accident investigation report of the unit, or the accident investigation report of the labor administration department investigating on the basis of the employee's application.
The decision on the confirmation of the work injury shall be notified in writing by the labor administration department to the applicant and the unit.
Article 16
If an employee is cured during the medical treatment period for work-related injuries or if the injury is in a relatively stable state, or if he or she is still unable to work at the end of the medical treatment period, the labor administrative department shall conduct a labor capacity appraisal to assess the grade of disability.
Chapter III
Investigation of Accidents
Article 17
After the occurrence of an accident, an investigation shall be organized in accordance with the following provisions:
(1) For accidents with minor injuries, the head of the department (workshop) where the accident occurs shall be responsible for organizing the investigation, with the assistance of the relevant departments of the accident unit.
(b) serious accidents, by the accident unit directly responsible for production safety is responsible for organizing the accident unit, the relevant departments of the accident unit sent to participate, the accident unit's higher departments to assist.
(c) accidents with one or two fatalities, if there is a full-time safety management body, the first person responsible for safety production in the accident unit is responsible for organizing the accident, with the participation of the accident unit and the relevant departments of the higher level; if the accident unit does not have a full-time safety management body, it is the responsibility of the higher level leaders to organize the accident.
(d) town, street enterprises under the death of 1 to 2 people died in the accident, by the town, street production safety directly responsible for the organization or the person in charge of the office of its production safety committee, the district, county labor, trade unions, procuratorate and other relevant departments sent to participate.
(E) the total, subcontracted projects or joint construction projects in the event of a fatal accident, by the leadership of the total contracting unit or joint construction of the higher-qualified unit in charge of the organization, the total, subcontracted units or joint construction of the two sides of the unit's relevant departments to send members to participate.
(6) municipal and central, provincial, army, foreign units in Guangzhou area of the death of 3 to 5 people in a major fatal accidents, by the accident unit of the higher authorities directly responsible for production safety is responsible for organizing the municipal labor, trade unions, procuratorate, supervision and other departments, as well as the accident unit of the higher authorities to send the staff; death of 6 to 9 people in a major fatal accidents, by the Municipal Work Safety Committee The person in charge is responsible for organizing, municipal labor, trade unions, procuratorate, supervision and other departments, as well as the accident unit's higher level and other departments to send participants. responsible person is responsible for organizing, the same level of labor and municipal labor, trade unions, procuratorial and supervisory departments, as well as the accident unit's higher authorities to send participants.
(viii) more than 10 deaths of particularly significant fatal accidents, by the municipal people's government, the first person responsible for production safety or directly responsible for the organization, the municipal labor and city labor, trade unions, procuratorate, supervision and other departments, as well as the accident unit's higher authorities to send participants. In the case of accidents involving acute poisoning and heatstroke, the administrative department of health shall send staff to participate. Explosive substances explosion and fire caused by casualties, the public security department shall be sent to participate.
Article 18
The members of the accident investigation team shall be composed of persons who have the expertise required for the investigation of the accident and who have no direct interest in the accident that occurred.
Article 19
Duties of the accident investigation group:
(1) To find out the occurrence and causes of the accident, as well as the casualties, economic losses and loss of working days.
(ii) Determine those responsible for the accident.
(iii) To put forward suggestions for handling the accident and preventive measures.
(iv) To write a report on the investigation of the accident.
Article 20
In the investigation of accidents, where technical appraisal and forensic autopsy appraisal are required, the labor administrative department must be responsible for organizing experts or entrusting relevant professional institutions to carry out such appraisal, and the required expenses shall be borne by the unit involved in the accident.
Article 21
The accident investigation team has the right to learn about the situation from the unit in which the accident occurred, the relevant departments and individuals, and to retrieve relevant information, and any unit, department or individual must provide it truthfully, and may not refuse, hinder or interfere with the work of the accident investigation team.
Article 22
The labor bureaus of cities, districts and counties are responsible for supervising and inspecting the accuracy and fairness of the investigation of accident cases within the scope of their acceptance, and may reorganize the investigation team to conduct a separate investigation if necessary.
Chapter IV Accident Handling
Article 23
Whenever there is an accident with more than serious injuries, the accident unit must hold an accident analysis meeting. Among them, fatal, major fatal, especially major fatal accident analysis meeting, must have the labor administration department, trade union organizations sent to attend, and invite the people's procuratorate sent to attend. Major fatal, especially major fatal accident analysis meeting, should also invite the supervision department to send members.
Accident analysis meetings of major fatal accidents investigated by the district and county-level cities must be attended by the municipal labor bureau and trade union organizations, and invite the municipal people's procuratorate to send members to attend.
Article 24
Where one of the following reasons causes a fatal accident, the person in charge of the accident unit shall be held responsible:
(1) Failure to implement labor safety and health laws and regulations or failure to carry out the instructions, orders and decisions of the higher authorities.
(ii) the unit's production safety rules and regulations, operating procedures are not sound.
(3) No one is in charge of safety work, rules and regulations are not implemented, and management is chaotic.
(D) the relevant departments or individuals proposed to eliminate unsafe factors or strengthen the safety of reasonable advice, suggestions are not adopted.
(E) special equipment (including elevators, construction lifts) without the labor administration department qualified, put into use.
(F) new construction, alteration, expansion and technological transformation projects of labor safety and health protection measures are not designed with the main project at the same time, the same time construction, the same time the acceptance, and put into use without authorization.
Article 25
If one of the following reasons causes a casualty, the person in charge or the person directly responsible shall be held accountable:
(1) Failure to educate and train the workers on work safety, and failure to receive the Certificate of Competence for Labor Safety and Hygiene Education for Employees of Enterprises in Guangzhou Municipality.
(b) Arranging for unlicensed personnel to engage in special operations.
(C) equipment not in accordance with the scheduled maintenance and repair, running with disease, equipment, facilities have defects do not take measures, or make the equipment overloaded operation.
(d) poor labor conditions and operating environment, or facilities, equipment and unsafe and do not take measures.
(E) on the illegal command, illegal operation behavior is familiar with the blind, not to stop.
(F) does not conscientiously fulfill the safety supervision and management (supervision) duties, work irresponsibly, negligence.
(VII) unauthorized project investigation, design and construction tasks, entrusted to the corresponding qualification level does not have or did not receive the "Safety Qualification License" units, individuals.
(VIII) does not apply for the required safety technical measures for the start of construction projects for the record, unauthorized commencement of work.
Article 26
If one of the following reasons causes a casualty accident, the perpetrator or the person responsible shall be held accountable:
(a) Violation of the rules of commanding or working against the rules.
(ii) disobedience to management, violation of labor discipline or AWOL.
(C) unauthorized operation of machinery and equipment or unauthorized removal or destruction of safety devices and facilities.
(D) unlicensed design, construction or design and construction errors.
Article 27
In the investigation of an accident, the labor administrative department at the higher level may, if it deems necessary, participate in the investigation organized by the labor administrative department at the lower level, or organize a review by the relevant departments.
Article 28
If the parties participating in the investigation cannot agree on the analysis of the cause of the accident and the treatment of the persons responsible for the accident, the labor administrative department shall put forward its concluding opinions.
Article 29
Units involved in accidents involving serious injuries, deaths, major deaths, or especially major deaths shall be punished by the labor administrative department in accordance with the provisions of the Measures for Supervision of Labor Safety and Health in Guangdong Province.
Article 30
If one of the following cases occurs, the unit involved in the accident shall be fined twice as much as stipulated in Article 29 of the present Provisions, and the responsible persons shall be dealt with more severely:
(1) After the occurrence of casualty accidents, concealment of the accident and non-reporting, false reporting, or intentional delay in reporting.
(ii) after the accident, due to irresponsibility, not actively organize rescue, resulting in greater casualties.
(C) after the accident, do not seriously learn from the lessons, do not take preventive measures, resulting in similar accidents repeated.
(D) abuse of power, unauthorized treatment or shielding, harboring those responsible for the accident.
(E) obstruction, interference with the work of the accident investigation team.
Article 31
When determining the administrative penalties to be imposed on those responsible for the accidents, the consent of the labor administration department shall be sought before implementation. Involving the responsibility of the main leaders and managers for violation of rules and regulations or dereliction of duty, it shall be referred to the supervisory department; in case of violation of criminal law, it shall be transferred to the judicial organs for investigation of criminal responsibility according to law.
Supervisory departments, the people's procuratorate on the major liability accident cases of responsible persons to deal with, shall seek the views of the labor administration at the same level.
Article 32
Where an accident occurs in the same year in which more than three persons are seriously injured or one person dies, the unit shall be disqualified from the evaluation of advanced units, and the person in charge of the unit involved in the accident shall not be awarded the title of advanced worker or model worker.
Article 33
Construction units that have suffered major or especially major fatal accidents shall be given a revocation of their construction safety qualification licenses by the labor administration department.
Chapter V. Closing of Accident Cases
Article 34
In the case of accidents in which one or two persons are seriously injured or killed, the authority to approve the closing of the case shall be in accordance with the following provisions:
(1) Accidents occurring in municipal as well as central, provincial, military and foreign units within the administrative area of Guangzhou City, and accidents occurring in units at the county level within the urban area of Guangzhou City, the municipal Bureau of Labor shall be responsible for approving the Closing the case.
(2) Accidents occurring in district units, as well as in streets, towns, private enterprises and individual economic organizations, shall be examined and closed by the Labor Bureau of the district in which they occur.
(3) Accidents occurring locally in county-level municipal units, as well as in towns, villages, private enterprises and self-employed organizations, shall be examined and closed by the county-level municipal labor bureaus.
Article 35
The authority to approve the closure of major fatal accidents shall be handled in accordance with the following provisions:
(1) Major fatal accidents in which three to nine persons die shall be approved and closed by the Municipal Bureau of Labor. Closing the case.
(2) For particularly serious fatal accidents with more than 10 deaths, the municipal labor bureau shall put forward its opinion on the handling of the case, and after examination and approval by the municipal people's government, the case shall be submitted to the provincial people's government for examination and approval.
Involving major matters, the Municipal Labor Bureau shall report to the Municipal People's Government for decision.
Article 36
Serious injury accidents shall be closed within 30 days, fatal accidents within 60 days, and major fatal accidents within 90 days, and special cases shall not be closed within more than 180 days.
Article 37
Accident units and labor administrative departments at all levels must establish accident files. After the handling of casualty accidents is closed, the results of the handling shall be publicly announced, and the accident investigation and handling data such as the registration form of employee casualty accidents and the accident investigation report, the decision on punishment and the notification of closure of the case, etc. shall be filed and preserved.
Chapter VI
Attachments
Article 38
These provisions shall come into force on the date of promulgation, and the Trial Provisions on the Handling of Workplace Accidents in Guangzhou Municipality promulgated by the Municipal People's Government on September 29, 1985 (Sui-fu 〔1985〕 No. 112) shall be repealed at the same time.
Article 39
These Provisions shall come into force on May 1, 1997 onwards.
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