1. The title "Casualty Accident" refers to the personal injury and acute poisoning of workers against their will that occurs in the production and operation activities of an enterprise and is related to the management of the enterprise, the working environment, the working conditions, the production equipment and so on.
(Note: The "casualty" referred to in these rules is a different category from the "work injury" in the "Work Injury Insurance". "Injury at work" refers to the qualification of employees who are injured or suffer from occupational diseases in the course of production and business activities of an enterprise to enjoy the benefits of work injury insurance. The determination of "work-related injuries" and the assessment of disability grades are organized by the social insurance agency, with the participation of the labour safety inspectorate.)
2. The heading "Handling of accidents" refers to the reporting, statistics, investigation and approval of cases of personal injury and acute occupational poisoning.
3. Article 2, "National Railway Enterprises": refers to the Railway Bureau (including the restructured group companies), the Railway Bureau (including the restructured Railway Corporation), the Ministry's survey and design institutes, the General Company of Materials, the Railway Corporation, the China Railway Container Transportation Center, the China Railway Special Cargo Center, the China Railway Foreign Service Corporation, the Railway Scientific Research Institute, and other railway corporations. Ltd. and China Railway Foreign Service Corporation, Railway Scientific Research Institute and other enterprises belonging to the Ministry of Railways.
4. Article 5 "production and operation process": refers to the whole process of production and operation activities of all employees of the enterprise in their own jobs or in the jobs temporarily assigned by the leadership, during the labor time, and does not refer to the specific labor process of a certain position only.
The term "labor time" is based, in principle, on the current working hours of the various shift systems, the working hours specified by the crew routes and the special working hours system stipulated by the enterprise. If it is not within the stipulated working hours, but belongs to the time temporarily occupied due to the needs of production and operation, labor and work, it is also regarded as working hours.
5. Article 6 "blasting": corresponds to "firing" in the current national regulations.
6. Article 7, "Causes of Accidents", item 4, "Others": refers to the sum of all causes of accidents stipulated by the State in addition to the first three items of the article, including:
(1) defective equipment, facilities, tools, accessories;
(2) Lack of or defective personal protective equipment and appliances;
(3) Poor environment of the production (construction) site;
(4) Absence of or inadequate safety operation procedures;
(5) Irrational organization of labor;
(6) Defective technology and design;
(7) Inadequate education and training, untrained, and Lack of or no knowledge of safe operation;
(8) Failure or lack of serious implementation of accident prevention measures, and poor rectification of hidden accidents.
7. Article VIII "serious injury": serious injury is defined as "accidental injury loss of working days standard" (CB / T15499-1995) as the basis of the investigation, the injury part and the degree of injury corresponding to the loss of working days equal to or more than 300 days, or multiple injuries and their loss of working days combined equal to or more than 300 days. If the lost working days of the injured part and the degree of injury are equal to or more than 300 days, or if the lost working days of multiple injuries are equal to or more than 300 days, it is a serious injury. If not included in the standard, it can be determined by referring to the regulations on the scope of serious injuries issued by the competent state work safety authorities.
8. Article 8: "Functional damage": damage refers to the tissue destruction and dysfunction that occurs after the body is subjected to external forces or stimuli. Functional damage refers to only function, metabolic disorders without morphological changes in the damage, mainly manifested in functional disorders.
9. Article 8 "organic damage": refers to the pathology and morphology of the damage to the injury, most often accompanied by the corresponding functional changes, that is, the body is subjected to external forces or stimulation, resulting in cells, tissues, organs and other structural and morphological, functional, metabolic and other aspects of the changes.
10. Article 8: "Mild or temporary loss of labor capacity": refers to the short-term loss of labor capacity, temporary inability to work in the original position, and labor capacity can be restored after treatment.
11. Article 8, "Loss of working days due to accidental injury": refers to the degree of loss of labor capacity caused by disability or death of employees in accidents, with working days as the unit of measurement. "Lost working days due to accidental injury" is a standard value artificially formulated after statistical analysis of the loss of labor capacity caused by various degrees of injuries based on clinical experience, and is different from the actual number of days off work. Determine the specific value of a certain injury loss of work days, should be "accidental injury loss of work days standard" (GB/T15499-1995) as the basis for checking.
12. Article 8 "functional impairment": means the irreversible loss of function of limbs or certain organs, or cause the injured person to be completely disabled.
13. Article 9, "Extraordinary accidents": According to the relevant provisions of the State, an accident resulting in 10 or more deaths is an extraordinary accident.
14. Article 9 "acute poisoning accidents": According to the "Railway Acute Occupational Poisoning Investigation and Treatment Regulations" (TB/T2320-92), acute poisoning accidents are divided into four categories: general, multi-people, Ⅱ, and I. The degree of poisoning is divided into mild, moderate, and high. The degree of poisoning is divided into mild, moderate and severe poisoning.
15. Article 9 "Productive Poisons" refers to substances used or exposed in production that can cause temporary or permanent pathological changes in human organs, tissues and tissues due to abnormal changes in their functions or forms.
16. Article 10 "Accident Reporting": refers to the working procedure for enterprises to report information on casualties to the higher labor safety inspection department, i.e. the 24-hour reporting system.
17. Article 15 "relevant departments": refers to labor safety, trade unions, supervision, social insurance, production operations and other departments.
18. Article 15 "accident investigation team": its composition and work as follows:
(1) investigation and evidence collection team - by the safety inspection, public security, trade unions and other personnel. Responsible for collecting physical evidence and traces of the accident scene, measuring and drawing the accident scene schematic, process (operation) flow chart, marking the size, location, characteristics and names of the site remnants. Taking photos and videos of the whole scene of the accident, orientation, remnants, causative agents, traces, corpses, and injury parts.
Verify relevant documents, rules and regulations, and relevant certificates, records, and ledgers, including the business license, qualification certificate, contracting (issuing) contract of the accident unit, safety technology delivery, safety operation procedures, and safety education records.
Collecting the oral statements, written statements, transcripts and casualty files of accident witnesses, responsible persons and relevant persons, and copying, photographing and archiving.
The relevant evidence that has been altered, lost or difficult to obtain in the future, should be registered and sealed, and after the accident investigation is finalized, it will be unsealed and returned.
(2) technical analysis group - by the safety inspection, engineering and other personnel, responsible for collecting relevant design, technology, process documents, engineering logs and work witnesses, etc., on the relevant equipment, facilities, appliances, causes (refers to the substances and objects that lead to accidents), hazards (refers to the direct effect on the human body to cause injury and poisoning of substances and objects). (refers to the direct effect on the human body to cause injury and poisoning of substances, objects), traces, remnants of the scene for technical analysis, testing and testing, and write a special report.
(3) casualty rescue group - by the medical administration, trade unions and other personnel, responsible for organizing medical personnel to rescue the injured, to obtain the degree of injury to the injured diagnostic reports, death certificates and so on.
(4) the aftercare team - composed of labor wages, social insurance, trade unions and other personnel, is responsible for guiding the reception of the families of the casualties and the funeral of the dead, approving the costs of pensions, funeral and other expenses, and coordinating the aftercare of all matters.
19. Article 16 "economic loss": refers to the casualties caused by labor, property and other losses that can be measured in monetary terms. Its definition, calculation method and statistical scope are in accordance with the national standard "Statistical Standard for Economic Losses in Casualty Accidents of Enterprise Employees" (GB6721-86).
20. Article 17, "Employees": refers to all the people who participate in the production and operation activities of a railroad enterprise and are paid by the railroad employer, including:
(1) On-the-job workers: permanent workers and temporary workers.
(2) other employees: employment, borrowed retirees, personnel outside the enterprise, part-time personnel, the use of laborers, agreement workers, rotating workers, a variety of unplanned workers, and although no labor contract, but has participated in the production and operation of the railroad enterprise, and the railroad employer to form a de facto labor relations.
21. Article 19, "Productive Accidents": refers to accidents occurring in the course of production and operation of an enterprise (not only the labor process of the injured person), which are related to the management of the enterprise, the working environment, the labor conditions, production equipment and other casualties.
22. Article 19 "non-productive injuries": refers to personal injuries caused by accidents outside the production and operation process of the enterprise, or in the production and operation process of the enterprise, but has nothing to do with the management of the enterprise, the working environment, labor conditions, production equipment.
23. Article 20: "Work": refers to the process of the workers going back and forth from the residence, dispatch room, apartment, etc. to the work site after the roll call and shift handover.
24. Article 21 "poor labor conditions or operating environment": means that the workplace equipment, environment does not have to protect the safety and health of workers. Such as poor ventilation and lighting, poor safety channels, machinery and equipment without safety guards, hazardous places are not set up warning, signaling devices, scaffolding, safety nets are not in line with national regulations.
25. Article 21, "poor equipment and facilities": refers to the equipment and facilities with sick operation, there are potential risks of accidents; not in accordance with the provisions of the installation of safety protection devices.
26. Article 21 "poor enterprise management": refers to the enterprise safety management is not implemented, the lack of effective accident prevention measures, does not provide effective safety protection, safety education, management and control means, resulting in hidden accidents are not effectively managed, the site management is out of control, the employees are not strong awareness of safety, safety and protection ability is not high. protection ability is not high.
27. Article 27, "operating personnel, resting personnel, etc." includes: personnel who are working and in the camper, construction vehicles, line next to the shed, premises, etc., resting on duty, for the work of their own work in advance or delay the end of the workforce, walking on and off the line by the roadside workers.
28. Article 28 "breaks": refers to short breaks in the course of labor.
29. Article 28, Article 37 "unauthorized use": refers to the use of production equipment without the consent of the leadership of the unit to which it belongs.
30. Article 29 Railway public prosecutors and law enforcement officers to participate in production activities ...": refers to the railroad public prosecutors and law enforcement officers to participate in the scope of duties outside the scope of the activities belonging to the duties of the production post, such as line snow removal, clearing, voluntary labor.
31. Article 30 "separate accounting": refers to the implementation of an accounting method within the enterprise. Because the implementation of separate accounting units do not have legal personality, can not independently assume civil liability, so also can not undertake accident statistics, reports.
32. Article 30 "violation of the relevant provisions of the contracting project": including does not meet the required qualification level of contracting works and overstep the contracting; or the use of process subcontracting; or subcontracting in the name of the project is actually hiring labor; or the contracting unit will be contracted all the construction works after dismemberment, subcontracting the name of the subcontracting Subcontracted to others; or should be completed by a contractor of the construction works dismembered into several parts, respectively, contracted to several contractors; or in the name of other building construction enterprises to undertake the project; or the general contracting unit without the approval of the construction unit will be subcontracted contracted works; or subcontracting unit will be contracted by the subcontracting unit of the project subcontracted; or in violation of the Ministry of Railways regulations on the subcontracting of the works over the scope of the subcontracting (such as). The contracted railroad project is not according to the bidding commitment and contract agreement, the special roadbed, high-speed roadbed, large, large and medium-sized bridges, header culvert, tunnels, girder making, track laying and erection of girders, communications, signaling, power, electrification and other works, traction substation, communication station, signal building equipment installation, the adoption and promotion of new technologies, new technologies, the existing line reconstruction or construction of a second line of the project, trackwork, earthwork, blasting and other works to be subcontracted. (blasting and other works for subcontracting, etc.).
33. Article 31 "Qualification Level": refers to the qualification and level of a construction enterprise to engage in civil engineering, architectural engineering, installation of lines and pipelines and equipment, renovation works and other new construction, expansion and reconstruction activities. According to the Provisions on the Administration of Qualifications of Construction Enterprises (Decree No. 87 of the Ministry of Construction), the qualifications of construction enterprises are divided into three sequences: general contracting, specialized contracting and labor subcontracting. The general contracting special grade, first grade and specialized contracting first grade enterprise qualification is approved by the competent department of construction administration under the State Council, while other enterprise qualifications are approved by the competent department of construction administration under the people's governments of provinces, autonomous regions and municipalities directly under the central government. According to the regulations, the application for special, first-class and second-class qualification of each specialty of railroad engineering must be examined and agreed by the construction management department of the Ministry of Railways.
34. Article 31 "small and small temporary works of simple technology": refers to the roadbed earthwork, small bridges and culverts, retaining works, a single building of less than 1,000 square meters of housing construction, as well as other small temporary works.
35. Article 33 of the "provisional management of the railroad": refers to the state has not yet been officially accepted by the railroad transport enterprises to temporarily manage the railroad line.
36. Article 35 "improper disposal": refers to the failure to use the correct measures to ensure the safe operation of the disposal.
37. Article 36 "construction right-of-way, highway right-of-way": "construction right-of-way" refers to the construction unit for the convenience of transportation and paved temporary dirt and gravel roads. "Highway right-of-way" means an informal road.
38. Article 41 "Occupational contraindications": refers to the scope of a particular job due to its special characteristics of the disease that may cause accidents. Such as vision loss for locomotive crew; fear of heights, high blood pressure for electricians, erectors; high blood pressure, heart disease for road workers, shunters, etc. are occupational contraindications.
39. Article 42 "to be determined": refers to the cause of the accident, the responsibility has not been investigated, to be determined. The number of accidents is temporarily counted in the month in which they occur, and will be changed if they are finally recognized as non-responsible accidents.
40. Article 43 "Leave of Absence": refers to the departure of employees from their workplace after completing the procedures for leave of absence. The leave of absence is based on the attendance sheet, leave slip and the sporadic leave registration form. The registration form for occasional leave should be registered by the person who takes the leave and signed by the person who approves the leave to be valid. Oral leave or written by others will not be recognized.
41. Article 44 "Disappearance": This refers to an accident in which the body cannot be found, e.g., drowning in rivers or lakes, etc., which is not the same as running away and not returning to the country, and does not need to be recognized by the court.
42. Article 45 "other persons": includes persons who are not on duty in the enterprise, interns, students, military personnel, public prosecutors and law enforcement officers, persons who work in or visit foreign organizations, foreign ambulance personnel, residents, travelers, pedestrians, and so on.
43. Article 46 and Article 47 "cross operation": refers to the overlapping of the operation areas belonging to two or more enterprises, and the employees working in the same place of operation, including railroad employees picking up and dropping off cars and other operations in the special line.
44. Article 49: "The degree of injury is aggravated by normal surgical treatment": this refers to the situation in which the degree of injury is aggravated by amputation of a limb, organ removal and other surgical measures that must be carried out in order to avoid the deterioration of the injury when the practitioner is injured in an accident. For example, if the distal phalanx of the index finger was injured in the accident (100 days of lost workdays), the middle phalanx was removed during the surgery to avoid necrosis (200 days of lost workdays).
45. Article 51: "Hospitals above the county level": refers to hospitals directly under the administrative districts above the county level, including railroad hospitals.
46. Article 53 "off-duty personnel": refers to the railroad off-duty personnel walking alongside the line, railroad passengers, railroad travelers with a free ticket, etc..
47. Article 53 "social rescue and relief": refers to the occurrence of natural disasters or social disasters with a large impact, by the government, business organizations or the masses of spontaneous rescue and relief activities. However, it does not include disasters caused by the production and operation activities of enterprises.
48. Article 54 "relevant departments": refers to the Ministry of Railways personnel, construction management, supervision, public security and other relevant departments and the Railway General Union, the local people's government.
49. Article 54 "major fatal accident investigation and treatment of the report" includes the following materials:
(1) the unit responsible for the accident level by level, the "investigation report on casualties in railroad enterprises" (the format and content according to the former Ministry of Labor, "death of employees, serious injuries, accident investigation report" ［KuoLaoDing 2 form] production). National Labor Determination 2 form] production), "the report on the investigation of major fatal accidents and opinions on treatment.
(2) The investigation report issued by the accident investigation team.
(3) the parties concerned, responsible person's written statement (refers to the accident written by the investigated person himself, witness testimony) or transcript (refers to the investigator's inquiry made by the investigator on a special paper and the investigated person to answer the record. This transcript is completed, should be recognized and signed by the investigated person).
(4) copies of relevant certificates, certificates, records, ledgers, design information, process documents, rules and regulations.
(5) the relevant technical appraisal and experimental report (refers to the accident investigation team hired, authorized, with the appropriate technical level, qualifications of the unit or individual, after on-site sampling, measurement, dismantling of physical evidence, trace inspection, simulation experiments, etc., and after scientific analysis, issued a written appraisal or report).
(6) direct and indirect economic loss materials (in accordance with national standards GB6721-86 provisions).
(7) site illustration (refers to the accident investigation team after careful site survey, drawn to a certain scale, indicating the direction, location, size, path, markers, etc., site plan, side view, local magnification), photographs (refers to the accident scene photographs, including overhead, side view, distant view, close-up view, close-up) and photographs of casualties (including full-body photographs, photos of the fine details of the injured parts, etc.).
(8) injury diagnosis, death certificate (refers to the official diagnosis issued by the hospital above the county level, certificates), past medical records (refers to the casualties in the past to use the copy of medical records), pathological analysis (critical case discussion) records (refers to the hospital to undertake the rescue of the hospital's medical staff of the casualty 〔patient〕 injuries, course of the disease, the case of the original records of the original records of the discussion).
(9) the public security department's investigation records (refers to the public security department of the accident scene, remnants, traces, etc., the record of the investigation, need to have the investigation authority seal and the signature of the investigator), identification materials (refers to the autopsy, autopsy, handwriting appraisal, identification of traces, identification of the remnants, etc.), public security, procuratorial department's notification (referring to the notification of the filing of the criminal case, the indictment or decision of not prosecuting), the determination of the (the autopsy), the certificate (the patient's) injuries, the course of the case. Notification from the public security and procuratorial departments (including notification of criminal case, decision on prosecution or non-prosecution, etc.), and certificate of determination (including the Certificate of Road Traffic Accident Liability). If the accident unit has any objection to the determination of the "determination", it may apply for reconsideration; if it still has any objection to the result of the reconsideration, it shall provide written opinions and relevant evidence for the reference of the higher labor safety inspection department in its investigation and treatment; the higher labor safety inspection department shall make an internal decision on the treatment according to the relevant provisions of the Ministry of Railways).
(10) inspection materials of the responsible person and the disciplined person (written and signed by the responsible person and the disciplined person themselves).
(11) accident prevention measures taken in accordance with the recommendations of the accident investigation team.
(12) the list of the composition of the investigation team (including name, work unit, position, title, position within the investigation team, signature, etc.).
(13) Other relevant materials.
Fatal and the following accident closure materials, according to state regulations and actual needs, selected from the above items.
50. Articles 54 - 57 "Approval": fatal accident approval, unified title "on the x x x x fatal accident investigation and treatment of the opinion of the approval". The unit responsible for major fatal accidents to the Ministry of Railways to report to the pending approval of the closure of the report, uniformly titled "on the ×××× major fatal accidents investigation and treatment of opinions on the report". "××××" refers to the name of the deceased, and "××××" can be the accident unit, the accident location, the date of the accident, and so on. "Accident unit" refers to the name of the railroad branch office or a higher-level enterprise. The "place of accident" is indicated by an easily distinguishable geographical name. "The date of the accident" is expressed in terms of the month and day of the accident.
51. Article 61 "number of employees": in practice, the number of arrivals at the end of the reporting period can be used.
52. Article 62 "temporary incapacity injury": refers to a short period of time so that workers lose the ability to work, temporarily unable to work in the original position, after treatment of labor can be restored to the injury.
53. Article 62 "Permanent partial incapacity injury": refers to the injury that causes the permanent loss of some functions of some of the limbs and organs of a worker, which cannot be restored.
54. Article 62 "Permanent total disability injury": refers to an injury that completely disables a worker.
55. Article 64 "Converted turnover": the figures published by the statistics department of the Ministry of Railways shall prevail.
56．Article 64 "Operating Departments": refers to the main business of transportation within the Railway Bureau, including car service (including passenger, freight, loading and unloading), machine service (including water and electricity, power supply), engineering, electricity, vehicles and other units, excluding engineering, overhauling, industry, housing, industry and sideline industry, life, education, health, multi-economic and scientific research institutes, institutions, public prosecutors and law enforcement departments.
57. Article 65 "does not cooperate with the accident investigation team to investigate": refers to all intentional obstruction, affecting the accident investigation team to obtain evidence.