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Laws of the People's Republic of China |
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| Category | LABOUR ADMINISTRATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1991-02-22 | Effective Date | 1991-05-01 |
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Provisions on the Report and Handling of Casualty Accidents to Enterprises Employees |
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Article 1 These Provisions are enacted for the purposes of promptly
reporting, counting, investigating and handling casualty accidents to
enterprises employees, actively taking preventive measures and forestalling
casualty accidents.
Article 2 These Provisions apply to all enterprises within the territory
of the People's Republic of China.
Article 3 "Casualty accidents" used in these Provisions refers to
accidents of personal injury and acute poisoning to enterprises employees
occurring in the process of labour.
Article 4 The principles of realism and scientism shall be maintained in Article 5 The injured or other involved persons on the scene of a Article 6 An enterprise principal shall, upon the receipt of a report on Article 7 The department responsible for the enterprise and the labour Article 8 An enterprise suffering a death or heavy death accident shall Article 9 An enterprise principal or his authorized person shall organize Article 10 The department responsible for the enterprise shall consult The department responsible for the enterprise at the provincial, The investigation groups mentioned in the preceding two paragraphs shall Article 11 Members of the investigation group shall meet the following (1) having expertise in a certain field necessary for the investigation of (2) not having personal interests in the accident. Article 12 The functions of the investigation group are: (1) to ascertain the cause and course of the accident and the number of (2) to determine the person responsible for the accident; (3) to make a proposal for handling the accident and taking preventive (4) to give a investigation report on the accident. Article 13 The investigation group has power to collect information and Article 14 If the investigation group disagrees in analysing the accident Article 15 No organization or individual may obstruct and interfere in Article 16 An enterprise suffering an accident and its responsible Article 17 Where anyone causes an accident by neglecting production Article 18 Where anyone, in violation of these Provisions, conceals, or Article 19 Where anyone neglects his duties, bends laws for his personal Article 20 The work for handling a casualty accident shall be closed Article 21 The labour department of the State Council shall, in The labour department of the State Council shall, in consultation with the Provisions governing the investigation and handling of casualty accidents Article 22 The labour departments shall supervise and inspect the Article 23 In the case of specially serious accidents, relevant Article 24 Casualty accidents suffered by state organs, institutions and Article 25 The labour department of the State Council shall be Article 26 These Provisions shall enter into force as of May 1, 1991.
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reporting, counting, investigating and handling casualty accidents.
Chapter II Report of Accidents
casualty accident shall, upon the occurrence of the accident, immediately
report to the enterprise principal directly or level by level.
a serious injury, death or heavy death accident, immediately report to the
department responsible for the enterprise, the labour department, the public
security authority, the people's procuratorate and the trade union in the
place where the enterprise is located.
department shall, upon the receipt of a report on a death or heavy death
accident, immediately report to higher departments level by level according to
their respective administrative relationship; a death accident shall be
reported to the provincial, autonomous regional or municipal level and a heavy
death accident to the competent department and the labour department of the
State Council.
keep the scene of the accident and shall promptly take necessary measures in
saving persons and property and avoiding the extension of the accident.
Chapter III Investigation of Accidents
an investigation group which is composed of personnel in charge of production,
technology and safety and the trade union members to investigate a slight or
serious injury accident.
with the labour department, the public security authority and the trade union
at the level of districted city (or at the level equivalent to a districted
city) in the place where the enterprise is located to form an investigation
group to investigate a death accident.
autonomous regional or municipal level or the competent department of the
State Council shall, according to the administrative relationship to the
enterprise, consult with the labour department, the public security authority,
the administrative supervision department and the trade union at the same
level to form an investigation group to investigate a heavy death accident.
invite the people's procuratoriats to join in, and may also invite other
departments and relevant experts to join in.
requirements:
the accident; and
casualties and the state of economic losses;
measures; and
demand materials relating to the accident from the enterprise suffering the
accident and any involved organization and individual who may not refuse to
assist.
and handling the person responsible for the accident upon ascertaining the
facts, the labour department has power to raise a conclusive opinion. If the
disagreement remains, the case shall be referred to the higher labour
department for handling in consultation with relevant departments. Should the
departments disagree, the case shall be referred to the people's government at
the same level for decision. However, the time limit for handling the accident
shall not be exceeded.
the normal working of the investigation group.
Chapter IV Handling of Accidents
department shall deal with the proposals made by the investigation group for
handling the accident and taking preventive measures.
safety, commanding or operating against rules and regulations, neglecting
duties or failing to take effective measures upon finding potential dangers of
accidents or damages, the department responsible for the enterprise or the
enterprise shall, in accordance with the relevant provisions of the state,
impose disciplinary sanctions on the enterprise principle and persons directly
responsible; if a crime has been constituted, the judicial organs shall
investigate for criminal responsibilities.
falsely reports, or deliberately delays reporting an accident, or
deliberately destroys the scene of an accident, or refuses to accept
investigation and refuses to provide information and materials relating to an
accident without justified reasons, the competent department shall, in
accordance with the relevant provisions of the state, impose disciplinary
sanctions on principals of involved organizations and persons directly
responsible; if a crime has been constituted, the judicial organs shall
investigate for criminal responsibilities.
interests, or makes retaliation when investigating and handling a casualty
accident, the organization to which he belongs shall, in accordance with the
relevant provisions of the state, impose disciplinary sanctions on him; if a
crime has been constituted, the judicial organ shall investigate for criminal
responsibilities.
within 90 days, or 180 days if the circumstances are special. The conclusion
shall be published after the closing of handling a casualty accident.
Chapter V Supplementary Provisions
accordance with the relevant provisions of the state, formulate measures of
casualty statistics and report forms in consultation with the statistics
department of the State Council.
relevant department of the State Council, formulate measures to determine
economic losses in casualty accidents and measures to classify accidents.
in other laws and regulations than these Provisions shall prevail.
implementation of these Provisions by enterprises.
provisions of the state shall apply.
mass organizations shall be handled with reference to these Provisions.
responsible for the interpretation of these Provisions.
Procedures for the Report of Casualty Accidents to Workers and Staff
promulgated by the State Council in 1956 shall be repealed at the same time.
URL: http://www.asianlii.org/cn/legis/cen/laws/potrahocatee824