Accident handling of occupational safety and health rules and regulations

The statistical reporting and handling system of casualty accidents and occupational diseases is an important system of occupational safety and health in China, which is clearly stipulated in Article 57 of the Labor Law of People's Republic of China (PRC). The contents of this system include: reporting accidents according to the provisions of national laws and regulations; Conduct accident statistics according to national laws and regulations; Investigate and handle accidents in accordance with the provisions of national laws and regulations.

(1) Statistical report and handling of casualty accidents

After more than 40 years of continuous summary, China has established a scientific and reasonable statistical reporting and handling system for casualty accidents.

1. Classification of casualty accidents

The classification of casualty accidents describes the different characteristics of accidents from different aspects. According to the relevant laws and standards of our country, the casualty accidents that have been widely used since 20 10 are as follows.

(1) by degree of injury

Minor injury refers to the disability that the lost working days are more than 1 working days (including 1 working days) and less than 105 working days;

Serious injury refers to the disability that the working days lost are more than 105 working days (including 105 working days), and the working days lost due to serious injury shall not exceed 6000 days at most;

It takes more than 6,000 working days for employees to die, die or be seriously injured, which is calculated according to the sum of the average retirement age of employees in China.

(2) Classification according to the severity of accidents.

A minor injury accident refers to an accident with only minor injuries;

Serious injury accident refers to the accident of serious injury but no death;

A fatal accident refers to an accident in which one or two people died;

A major casualty accident refers to an accident in which 3-9 people died;

Particularly serious casualty accident refers to the accident that caused more than 10 people (including 10 people) to die.

(3) Classification by accident category

In GB 644 1-86, the accident categories are divided into 20 categories, namely, object strike, vehicle injury, mechanical injury, lifting injury, electric shock, drowning, scald, fire, falling from a height, collapse, roof caving, flooding, blasting, gas explosion, gunpowder explosion, boiler explosion, container explosion and so on.

2. Casualty accident reporting and handling

When reporting casualties, the organization must strictly implement the regulations on casualty reporting and other relevant provisions promulgated by the State Council. These regulations mainly include: 1989 the State Council decree No.34, Interim Provisions on Investigation Procedures for Particularly Serious Accidents, and 19965438 the State Council decree No.75, Regulations on Reporting and Handling Casualty Accidents of Enterprise Employees. In April, 20001year, the State Council issued Order No.302-Provisions on the Investigation of Administrative Responsibility for Extraordinary Safety Accidents.

3. Casualty statistics

At present, there are the following regulations on casualty statistics in China: Notice on Implementing the Statistical Reporting System for Casualty Accidents of Enterprise Employees issued by the General Office of the Ministry of Labor 1992, and Notice on Printing and Distributing Casualty Accidents Statistics of Enterprise Employees issued by 1993.

(2) Statistical report and treatment of occupational diseases

1. Measures for reporting occupational diseases

Occupational disease reports must be diseases listed in the current national occupational disease catalogue. In 1988, the Ministry of Health revised and issued the Measures for Occupational Disease Reporting, which stipulated the specific measures for occupational disease reporting. According to this regulation, local health administrative departments at all levels designate corresponding occupational disease prevention and control institutions or health and epidemic prevention institutions to be responsible for occupational disease reporting. Occupational disease reports should be mainly local and reported step by step. Occupational diseases of all enterprises and institutions shall be reported to the local health supervision institutions, which shall report them in a unified way.

2. Occupational disease treatment

The treatment of occupational diseases is a work with strong policy, which involves the prevention and treatment of occupational diseases, proper placement of patients with occupational diseases, labor protection and welfare treatment of patients, labor ability appraisal and vocational rehabilitation. After 20 10, it can be distributed according to the regulations of the Ministry of Health, the Ministry of Labor, the Ministry of Finance and the National Federation of Trade Unions in June 1987+0 1.

According to this regulation, after employees are diagnosed with occupational diseases, the unit where they work should arrange medical treatment or recuperation according to the opinions of the occupational disease diagnosis institution. After treatment or rest, it is confirmed that it is not suitable to continue to engage in the original harmful operation or work, and it shall be transferred from the original post within two months from the date of confirmation and arranged for another job; For the technical backbone of production and work that cannot be transferred temporarily due to work needs, the longest transfer period shall not exceed half a year. When employees suffering from occupational diseases change their work units, their occupational disease treatment should be handled by the original unit or coordinated by the two units, and the transfer procedures can only be handled after both parties reach an agreement through consultation. And hand over all materials such as health records, occupational disease diagnosis certificates and occupational disease treatment to the new unit. The transferred-out and transferred-in units shall report the situation to the local labor health and occupational disease prevention and control institutions for the record. After the employee arrives at the new unit, the new unit is responsible for the treatment of occupational diseases, whether it is related to the current work or not. After the termination or dissolution of the labor contract, if the newly discovered occupational diseases during the unemployment period are related to the work during the previous labor contract period, the unit that originally terminated or dissolved the labor contract shall be responsible for the occupational disease treatment. If the original unit has merged with other units, the merged unit shall be responsible for it; If the original unit has been revoked, the superior competent department of the original unit shall be responsible for it.

(III) Prevention and control of occupational diseases

200 1 10 The 24th meeting of the 9th NPC Standing Committee passed the Law on the Prevention and Control of Occupational Diseases in People's Republic of China (PRC), which is divided into 7 chapters and 79 articles.

The main contents include: the provisions of basic policies and basic management principles for occupational disease prevention, early prevention of occupational diseases, protection and management in the labor process, diagnosis and management of occupational diseases, treatment and protection of occupational disease patients, etc. In addition, according to the established system and measures, according to the different nature and harmful consequences of different illegal acts, the law stipulates corresponding legal responsibilities and increases the punishment for illegal acts; It highlights the punishment of ordering the operation that causes occupational hazards to stop work, stop construction, stop production and even close down; Those who cause occupational hazards shall be investigated for criminal responsibility according to law. At the same time, this law also regulates the law enforcement activities of health administrative departments and their occupational health supervision and law enforcement personnel, and clarifies the corresponding legal responsibilities.