Ministry of Health of the People's Republic of China March 28, 2002
Measures for the Investigation and Handling of Occupational Hazards Accidents, Measures for the Investigation and Handling of Occupational Hazards Accidents in People's Republic of China (PRC) and Order No.25 of the Ministry of Health of the People's Republic of China were discussed and passed at the ministerial meeting of the Ministry of Health on March 15, 2002, and are hereby promulgated and shall come into force on May 15, 2002. Zhang March 28th, 2002 Chapter I General Provisions Article 1 In order to standardize the investigation and handling of occupational hazards, timely and effectively control occupational hazards and reduce the damage caused by occupational hazards, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases (hereinafter referred to as the Law on the Prevention and Control of Occupational Diseases). Article 2 According to the severity of hazards caused by occupational hazards, occupational hazards can be divided into three categories: (1) General accidents: accidents with acute occupational diseases 10 or less; (> Major accident: suffering from acute occupational disease 10 but less than 50 people or less than 5 people died, or less than 5 people suffered from occupational anthrax; (3) Extraordinary accidents: more than 50 people suffered from acute occupational diseases or more than 5 people died, or more than 5 people suffered from occupational anthrax. The classification, investigation and handling of radiation accidents shall be carried out in accordance with the Regulations on the Administration of Radiation Accidents formulated by the Ministry of Health. Article 3 The administrative department of health at or above the county level shall be responsible for the investigation and handling of occupational hazard accidents within its jurisdiction. Major and extraordinarily serious occupational hazard accidents shall be investigated and handled by the health administrative department at or above the provincial level in conjunction with relevant departments and trade unions in accordance with the prescribed procedures and responsibilities. Article 4 The main contents of the investigation and handling of occupational hazard accidents are as follows: (1) Take temporary control and emergency rescue measures according to law, and timely organize the rescue of patients with acute occupational diseases; (2) Failing to report the accident as required; (3) Organizing accident investigation; (4) Investigating and handling the person responsible for the accident according to law; (5) Close the case and file it. Article 5 The investigation and handling of occupational accidents shall be timely, effective, scientific and fair. Chapter II Accident Report Article 6 When an occupational accident occurs, the employing unit shall immediately report to the local county-level health administrative department and relevant departments. Article 7 After receiving the report of occupational hazards, the health administrative department at the county level shall report urgently: (1) Particularly serious accidents shall be reported to the people's government at the same level, the provincial health administrative department and the Ministry of Health immediately; (2) General accidents should be reported to the people's government at the same level and the health administrative department at a higher level within 6 hours. Article 8 Medical and health institutions that receive workers suffering from acute occupational diseases for the first time shall promptly report to the local health administrative department at the county level. Article 9 The contents of the report on occupational disease accidents shall include the place, time, events, number of deaths, possible causes, measures taken and development trend of the accidents. Article 10 Local health administrative departments at all levels shall, in accordance with the Regulations on the Administration of Health Supervision Statistical Reports, be responsible for the statistical reporting of occupational hazards within their respective jurisdictions, and regularly report the occurrence of occupational hazards to relevant departments and trade unions at the same level. The occurrence of occupational hazard accidents shall be uniformly announced by the health administrative department at or above the provincial level. Article 11 No unit or individual may conceal, falsely report, fail to report or delay reporting occupational accidents under any pretext. Chapter III Handling of Accidents Article 12 When an occupational hazard accident occurs, the employing unit shall immediately take the following emergency measures according to the situation: (1) Stop the operation that caused the occupational hazard accident, control the scene of the accident, prevent the situation from expanding and minimize the accident harm; (>) Dredge emergency evacuation routes, evacuate workers and organize risk removal; (three) to protect the scene of the accident and keep the materials, equipment and tools that lead to the accident of occupational diseases; (4) Organize timely treatment, health examination and medical observation for workers who have suffered or may suffer from acute occupational diseases; (five) report the accident in accordance with the provisions; (6) Cooperate with the Department of Health Bank for investigation, and truthfully provide accident information, relevant materials and samples according to the requirements of the health administrative department; (seven) the implementation of other measures required by the administrative department of health. Article 13 After receiving a report of an occupational hazard accident, the administrative department of health may take the following measures according to the situation: (1) Ordering to suspend the operation that caused the occupational hazard accident; (2) Organizing and controlling the scene of occupational disease hazards accidents; (3) sealing up materials, equipment and tools that cause occupational hazards; (4) Organizing medical and health institutions to treat workers who have suffered or may suffer from acute occupational hazards. Fourteenth after the accident, the administrative department of health shall promptly organize the competent department of the employing unit, public security, production safety departments, trade unions and other relevant departments to form an occupational hazard investigation team to investigate the accident. Article 15 A member of an accident investigation team shall meet the following conditions: (1) Having the professional knowledge and practical experience required for accident investigation; (2) Having no direct interest in the accident. Article 16 The duties of the occupational hazards investigation team are: (1) to conduct on-site inspection and investigation and evidence collection, and to find out the process, causes, casualties and degree of occupational hazards; (2) Accident liability analysis; (three) to put forward punishment opinions on those responsible for the accident; (four) put forward the improvement measures to prevent the recurrence of accidents; (five) the formation of occupational disease accident investigation and handling report. Seventeenth accident investigation team to conduct on-site investigation and evidence collection, have the right to ask the employer, the relevant units and relevant personnel for relevant information, no unit or individual may refuse. > concealing or providing false evidence or information shall not hinder or interfere with the on-site investigation and evidence collection work of the accident investigation team. Eighteenth health administrative departments shall, according to the opinions put forward by the accident investigation team, decide and implement the administrative punishment for the employer who has an accident, and order the employer and its competent department to implement the relevant improvement measures and suggestions. Article 19 The handling of occupational hazard accidents shall be closed within 90 days in accordance with relevant regulations, with special circumstances not exceeding 180 days. After the accident is closed, the results shall be announced. Article 20 Where an employing unit violates the Law on the Prevention and Control of Occupational Diseases and these Measures and fails to take protective measures against occupational hazards, the administrative department of health shall order it to treat it within a time limit and impose a fine of more than 654.38 million yuan but less than 654.38 million yuan. In the event of a major accident, the health administrative department shall order it to stop the operation that causes occupational hazards, or request the relevant people's government to order it to close down in accordance with the authority prescribed by the State Council, and impose a fine of 1.5 million yuan but not more than 300,000 yuan; If the case constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law. Twenty-first in violation of the "Occupational Disease Prevention Law" and the provisions of these measures, in any of the following circumstances, the administrative department of health shall give a warning and order it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be fined not less than 50,000 yuan but not more than 200,000 yuan: (1) Failing to report occupational hazard accidents in time as required; (2) Failing to take emergency rescue and control measures in time when an acute occupational hazard accident occurs or may occur; (three) refused to accept the investigation or refused to provide relevant information and materials; (4) Failing to organize timely treatment, health examination or medical observation for workers who have suffered or may suffer from acute occupational diseases. Twenty-second health administrative departments fail to report occupational hazards according to regulations, and the health administrative departments at higher levels shall order them to make corrections, and informed criticism shall give them a warning; If a false report is made, the person in charge of the unit, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions of demotion, dismissal or dismissal. Twenty-third the provisions shall come into force as of May 6, 2002.
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