Q & A on the reporting, investigation and handling

The premier of the State Council, Wen Jiabao, signed and promulgated the regulations on the reporting, investigation and handling of production safety accidents (hereinafter referred to as the regulations), which will come into force on June 1 this year. At present, the relevant departments of the State Council are paying close attention to the relevant preparations for the implementation of the regulations. In response to some of your concerns, I interviewed the heads of the Legislative Affairs Office of the State Council and the State Administration of work safety

question: in terms of production safety accident reporting, investigation and handling, China has formulated corresponding laws and administrative regulations, such as the Interim Provisions on the investigation procedures of particularly serious accidents and the provisions on the reporting, investigation and handling of casualty accidents of enterprise employees. Why do we need to formulate the regulations on the reporting, investigation and handling of production safety accidents

answer: the report, investigation and handling of production safety accidents are important links in the work of safety production. The Interim Provisions on the investigation procedures of particularly serious accidents promulgated and implemented by the State Council in 1989 and the provisions on the reporting, investigation and handling of casualty accidents of enterprise employees promulgated and implemented in 1991 have played an important role in standardizing the reporting, investigation and handling of accidents. However, with the development of socialist market economy, some new situations and problems have emerged in the field of production safety. For example, the shafts of photoelectric encoders driven by production and business units have changed from state-owned and collective ownership in the past to the coexistence of production and business units with multiple ownership. In particular, private, individual and other non-public production and business units account for the majority in number, and diversified organizational forms such as companies, partnerships, cooperative enterprises and sole proprietorship enterprises have emerged, The internal management and decision-making mechanism of production and business units are also diversified and complicated, which puts forward new topics for the supervision and management of work safety; At the same time of sustained and rapid economic development, work safety is facing a severe situation, especially the trend of frequent accidents in mining, hazardous chemicals, construction, road transportation and other industries or fields has not been fundamentally curbed; Great changes have taken place in the work safety supervision system, and governments at all levels, especially local governments, have increasingly important responsibilities in work safety; The society pays more and more attention to the reporting, investigation and handling of production safety accidents, and strongly calls for more effective measures to further standardize the reporting, investigation and handling of accidents. In order to adapt to the new situation and situation of safety production, it is urgent to formulate an administrative regulation on comprehensively and systematically standardizing the reporting, investigation and handling of production safety accidents on the basis of summarizing experience, so as to further provide legal protection for standardizing the reporting, investigation and handling of accidents, implementing the accident investigation system, safeguarding the legitimate rights and interests of accident victims and social stability, preventing and reducing accidents

Q: the reporting, investigation and handling of production safety accidents involve a wide range of aspects. In view of this feature, how to grasp the general idea of formulating regulations

answer: to report, investigate and deal with production safety accidents, it is necessary to find out the cause of the accident in a timely and accurate manner, clarify the accident, and make people investigated; We should also sum up experience and lessons, implement rectification and preventive measures, and prevent similar accidents from happening again. At the same time, there are service personnel in the reporting and investigation of production safety accidents, and the handling involves many industries or fields, involving the responsibilities of governments at all levels and many departments. The current relevant laws and administrative regulations have made corresponding provisions on the reporting, investigation and handling of accidents in some industries or fields. In view of this situation, we have grasped the following four aspects in the overall idea of formulating the regulations:

first, implement the principle of "four not letting go". "Four don't let go", that is, don't let go until the cause of the accident is identified, people are not handled, rectification measures are not implemented, and relevant personnel are not educated. This is the fundamental requirement of accident investigation and handling, and the main systems and measures stipulated in the regulations reflect this principle

second, adhere to the principle of "unified government leadership and hierarchical responsibility". People's governments at all levels are responsible for strengthening the leadership of work safety, especially local people's governments at all levels are responsible for work safety within their respective administrative areas. Therefore, the reporting, investigation and handling of production safety accidents must adhere to the principle of unified government leadership and hierarchical responsibility. At the same time, the particularity of civil aviation, railway, transportation and other industries or fields as well as the current system and practice of accident reporting, investigation and handling should also be fully considered and taken into account

third, it is important to improve the procedure and make it clear. To standardize the reporting, investigation and handling of production safety accidents, first of all, it is necessary to improve the relevant procedures and provide clear "operating procedures" for accident reporting, investigation and handling. At the same time, it must also be clear that the government and its relevant departments and the accident unit have poor heat exchange effect (relative to the water-cooling mode), stable and good impact on the use environment, which will lead to the rise of the air temperature around the experimental box, and the responsibilities of the main person in charge and other units and individuals in the accident report, investigation and handling

Q: how do the regulations classify accidents

answer: according to the provisions of the "national overall emergency plan for public emergencies" issued by the State Council on January 26, 2005, according to the number of casualties or direct economic losses caused by the accident, the regulations divide the accident into four levels: particularly serious accident, major accident, major accident and general accident. Particularly serious accidents refer to accidents that cause more than 30 deaths, or more than 100 serious injuries, or direct economic losses of more than 100million yuan; Major accident refers to an accident that causes more than 10 deaths and less than 30 deaths, or more than 50 serious injuries and less than 100 serious injuries, or direct economic losses of more than 50million yuan and less than 100million yuan; Major accident refers to an accident that causes more than 3 but less than 10 deaths, or more than 10 but less than 50 serious injuries, or direct economic losses of more than 10million yuan but less than 50million yuan; Ordinary accidents refer to accidents that cause less than 3 deaths, less than 10 serious injuries, or direct economic losses of less than 10million yuan. The number of new energy vehicles in China has exceeded 120000, and the number of acute industrial poisoning caused by the accident also belongs to the scope of serious injury