Mineral Perspective | Heavy! The State Administration of Mine Safety issued the Measures for the Report, Investigation and Handling of Mine Production Safety Accidents.


Published:

2023-02-01

On January 17, 2023, the 39th executive meeting of the State Administration of Mine Safety Supervision in 2022 deliberated and approved the measures for reporting, investigation and handling of Mine production Safety Accidents (hereinafter referred to as the "measures"), and issued them to the mine safety supervision departments of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang production and Construction Corps, provincial bureaus of the State Administration of Mine Safety Supervision, and relevant central enterprises. 1. [scope of application]] In order to regulate the reporting, investigation and handling of mine production safety accidents, and to prevent and contain mine production safety accidents, these measures are formulated in accordance with the the People's Republic of China Safety Production Law, the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents, and the Regulations on Coal Mine Safety Supervision. These Measures shall apply to the reporting, investigation and handling of mine production safety accidents. 2. [concept of mine production safety accident]] Mine production safety accidents refer to the ground production system directly related to mine production and belonging to the mine, including wellhead and below areas, open-pit mines and industrial squares, as well as affiliated tailings ponds, dump sites, washing plants, gangue hills, gas pumping stations and other places, production safety accidents that cause personal casualties or direct economic losses in production and operation activities. 3. accident grade standard] According to the casualties or direct economic losses caused by the accident, the accident is divided into the following levels: (I) particularly serious accident refers to an accident that causes more than 30 deaths, or more than 100 serious injuries (including acute industrial poisoning, the same below), or direct economic losses of more than 0.1 billion yuan; (II) major accident refers to an accident that causes 10 to 30 deaths, or 50 to 100 serious injuries, or direct economic losses of 50 million yuan to 0.1 billion yuan; Major (III) accidents refer to accidents that cause 3 to 10 deaths, or 10 to 50 serious injuries, or direct economic losses of 10 million yuan to 50 million yuan; (IV) general accidents refer to accidents that cause less than 3 deaths, or less than 10 serious injuries, or direct economic losses of 1 million yuan to 10 million yuan. The term "above" in this article includes this number, and the term "below" does not include this number. The accident level shall be determined according to the highest level among the number of deaths, serious injuries and direct economic losses. Where the accident level is determined by the number of serious injuries, the number of serious injuries and the number of deaths shall be counted at the same time. 4. [Identification of accident personnel and economic losses]] 1, personnel identification. The identification of the person who died in the accident shall be determined on the basis of the certification materials issued by the public security organ or the medical institution with Grade II, Grade A or above qualification, and the identification of the seriously injured person shall be determined on the basis of the certification materials issued by the qualified medical institution. 2, economic loss determination. The accident unit shall count the direct economic losses, and the mine safety supervision and supervision department responsible for leading the accident investigation shall determine it according to the statistical results provided by the local people's government or the accident unit that organizes or participates in the accident rescue and compensation work. Statistical results should be dated. The direct economic losses caused by the accident include: Expenses incurred after the (I) of personal injury or death, including medical expenses, nursing expenses, funeral and pension expenses, subsidies and relief expenses, and off-work wages; (II) aftercare expenses, including transactional expenses for handling accidents, on-site rescue expenses, on-site cleaning expenses and accident compensation expenses; Loss value of (III) property, including loss value of fixed assets and loss value of current assets. 3. Change adjustment. If the number of casualties caused by the accident changes within 30 days from the date of the accident, the accident level shall be re-determined according to the changed number of casualties. The missing persons caused by the accident shall be counted according to the dead persons 30 days after the date of the accident, and the accident grade shall be re-determined. If the emergency rescue time exceeds 30 days, the number of casualties and direct economic losses shall be re-determined within 7 days after the end of the emergency rescue. If the re-approved casualty and direct economic loss are inconsistent with the original report, the accident level shall be determined according to the changed casualty and direct economic loss. 5. [Time requirement for submission of accident report]] 1. After an accident (including a dangerous accident) occurs in a mine, the relevant personnel at the scene of the accident shall immediately report to the person in charge of the mine. 2. After receiving the report, the person in charge of the mine shall, within one hour, report to the mine safety supervision department of the people's government at or above the county level where the accident occurred, and at the same time report to the provincial bureau of the State Administration of Mine Safety Supervision. In the event of a major accident or above, it may be reported directly to the mine safety supervision department of the provincial people's government and the provincial bureau of the State Mine Safety Supervision Bureau. 3. The mine safety supervision department of the local people's government at or above the county level shall report the accident report level by level after receiving the accident report, and the reporting time at each level shall not exceed 1 hour. Among them, after receiving a report of a major or above-level accident, it shall be reported to the mine safety supervision department of the provincial people's government and the provincial bureau of the State Mine Safety Supervision Bureau within 1 hour; after receiving a report of a major or above-level accident, it shall be reported to the provincial The mine safety supervision department of the people's government and the provincial bureau of the State Mine Safety Supervision Bureau can immediately report to the State Mine Safety Supervision Bureau. 4. After receiving the accident report, the provincial bureau of the State Administration of Mine Safety Supervision shall fill in the accident information within 48 hours of the accident investigation subsystem of the mine safety production integrated information system. 6. [Report accident content]] (I) accident unit overview. It mainly includes the full name of the unit, the form of ownership and affiliation, production capacity, production status, licenses, etc; (II) the time and place of the accident and the situation of the accident site; (III) accident categories. Coal mine accident categories are divided into roof, rock burst, gas, coal dust, mechanical and electrical, transportation, blasting, water damage, fire, and others. Non-coal mine accidents are divided into object attack, vehicle injury, mechanical injury, lifting injury, electric shock, drowning, burning, fire, falling from high places, collapse, roof falling, flooding, blasting, gunpowder explosion, poisoning and suffocation, dam break and others; Brief (IV) of the accident, the number of people entering the well, the number of people safely lifted into the well, the number of casualties, the number of people at risk, the number of people missing and the preliminary estimated direct economic losses; (V) the measures already taken; (VI) other information that should be reported. The contents of the initial report that have not been reported due to the unclear situation shall be renewed in a timely manner after the situation is clear. After the accident report, if there is a new situation (including the progress of accident rescue and rescue), the unit responsible for the accident report shall timely make up or renew the report. Among them, if the number of casualties in the accident changes, it shall make up or renew the report within 24 hours after the change. Accident reports shall be timely, accurate and complete, and no unit or individual may conceal, falsely report or late report. 7. [write-off of accident report]] If a mine causes the death of employees due to natural disasters or suspected of causing illness in the production process, or causes casualties due to illegal mining, it shall be reported in accordance with the production safety accident reporting procedures. After investigation and confirmation by the mine safety supervision and supervision department responsible for leading the investigation or appraisal by the relevant department of the people's government of the place where the accident occurred, if there is one of the following circumstances, the mine safety supervision and supervision department shall put forward a verification proposal and write off in accordance with the prescribed procedures. (I) directly caused by unforeseeable or irresistible natural disasters when the design risk resistance standard is exceeded, the project site is reasonable, and safety precautions and emergency rescue measures are in place; After investigation by the public security organs, the (II) concluded that the cause of the accident was directly or indirectly caused by intentional acts such as sabotage, terrorist acts, poisoning, arson, theft, suicide, etc; (III) mine employees in the production process or in the post, sudden illness (not suffering from external energy accidental release caused by the body trauma) caused by death. 8. [Accident Site Disposal Requirements]] 1. After receiving the accident report, the local people's government and relevant departments shall immediately start the emergency plan and organize the on-site emergency response work. 2. After receiving the accident report, the mine safety supervision and supervision department shall send personnel to the scene of the accident immediately according to the accident level and relevant regulations to assist the relevant local people's government in emergency response. 3. Relevant units and personnel such as mines and rescue teams shall properly protect the scene of the accident and relevant evidence. No unit or individual may damage the scene of the accident or destroy the evidence. If it is necessary to change the situation at the scene of the accident due to emergency rescue, the on-site rescue headquarters shall draw a sketch of the scene and make written records, and properly preserve important traces and material evidence at the scene. After the completion of the emergency rescue, the on-site emergency rescue headquarters shall submit the emergency rescue report and relevant drawings, records and other information to the accident investigation team. 4. The mine shall cooperate with relevant departments to collect and fix relevant evidence including audio-visual, monitoring and control data in a timely manner. Relevant evidence collected by relevant departments shall be submitted to the accident investigation team. 9. [accident investigation adopts graded investigation]] 1. The mine safety supervision and supervision department shall promptly submit it to the people's government at or above the county level for verification after receiving the report information of the mine concealment or false report of the accident involving the death of the person. If the verification is true, it shall be reported in accordance with the prescribed procedures and the accident investigation shall be carried out in accordance with the relevant provisions of these Measures. 2. The investigation and handling of accidents shall adhere to the principles of scientific rigor, law and regulations, seeking truth from facts, and paying attention to actual results, so that the cause of the accident is not found out, the responsible personnel are not dealt with, the rectification measures are not implemented, and the relevant personnel are not educated. 3. Accidents shall be investigated according to grades. (1) Major and below grade coal mine accidents shall be led by the provincial bureau of the State Administration of Mine Safety Supervision to organize the investigation. (2) Major, large, and general non-coal mine accidents shall be directly organized by the provincial people's government, the municipal people's government divided into districts, and the county-level people's government where the accident occurred, and the accident investigation team may also be authorized or entrusted Relevant departments organize accident investigation teams to conduct investigations. (3) For general accidents that do not cause death, the people's government at the county level or the provincial bureau of the State Administration of Mine Safety Supervision may entrust the accident occurrence unit or relevant departments to organize an accident investigation team to conduct investigation. (4) The State Administration of Mine Safety Supervision may, when it deems it necessary, investigate the coal mine accidents investigated by the provincial bureaus of the State Administration of Mine Safety Supervision. The people's government at a higher level may, when it deems it necessary, investigate the non-coal mine accidents that the people's government at a lower level is responsible for investigation. If the accident grade changes due to the change of the number of casualties, it should be investigated by the people's government at a higher level or the mine safety supervision institution in accordance with these measures, the people's government at a higher level or the mine safety supervision institution may reorganize the accident investigation team to investigate. (5) For major coal mine accidents at or below the level, the provincial bureaus of the State Administration of Mine Safety Supervision, relevant local people's governments, coal mine safety supervision departments, coal industry management departments, other relevant departments responsible for the supervision and management of coal mine safety production, public security organs and trade union organizations shall send personnel to form an accident investigation team, and invite local supervisory organs with jurisdiction to intervene. (6) For major accidents in non-coal mines, the provincial people's government and its emergency management department, relevant departments responsible for the supervision and management of safety production in non-coal mines, public security organs, and trade union organizations shall send personnel to form an accident investigation team, and invite the provincial level Supervisory agency intervenes. Provincial bureaus of the State Administration of Mine Safety Supervision participated in the investigation of the accident. (7) For accidents in non-coal mines of larger and lower grades, the relevant local people's governments and their emergency management departments, relevant departments responsible for the supervision and management of production safety in non-coal mines, public security organs and trade union organizations shall send personnel to form an accident investigation team, and invite local supervisory organs to intervene. The provincial bureaus of the State Administration of Mine Safety Supervision sent personnel to participate in and guide the supervision of the accident investigation. 10. [Regulations on Responsibilities of Accident Investigation Team]] 1. The accident investigation team may employ relevant experts to participate in the investigation. Experts should implement a recusal system. In principle, for major accidents, personnel outside the province (region, city) where the accident occurred should be hired as the leader of the expert group, and the proportion of experts outside the province (region, city) where the accident occurred should not be less than 2/3. 2. The members of the accident investigation team shall be honest and fair, scrupulously perform their duties, be honest and self-disciplined, abide by the discipline of accident investigation, and keep the secrets of accident investigation. 3. The accident investigation team shall perform the following duties: (I) ascertain the basic situation of the accident unit; (II) find out the course, reporting process, cause, category, casualties and direct economic losses of the accident; if the accident is concealed, the process of concealment shall be found out; (III) determine the nature of the accident and the responsibility for the accident; put forward suggestions on handling the units and personnel responsible for the accident; (IV) evaluate the emergency handling work; (V) sum up the lessons of the accident and propose preventive and corrective measures; (VI) submit the accident investigation report within the prescribed time limit. 4. The leader of the investigation team for major and below grade coal mine accidents shall be the person in charge of the mine safety supervision organization responsible for the accident investigation (general coal mine accidents may be the person in charge of the internal department of the mine safety supervision organization), and the leader of the investigation team for major and below grade non-coal mine accidents shall be designated by the local people's government responsible for the accident investigation. The leader of the accident investigation team shall preside over the accident investigation and perform the following duties: (I) organize accident investigation team to carry out work; (II) clarify the responsibilities of each group in the accident investigation team and determine the division of labor among the members of the accident investigation team; (III) coordinate and decide important issues in accident investigation; (IV) put forward the concluding comments on the accident investigation; (V) review the materials of the accident suspected of crime, and approve the transfer of relevant materials or copies to relevant departments for handling. When the members of the accident investigation team cannot reach a consensus on the cause, nature and handling suggestions of the accident, the leader of the accident investigation team has the right to put forward concluding opinions. 5. If it is necessary to carry out technical appraisal on major technical problems and important evidence in the accident investigation, the accident investigation team may entrust a unit with corresponding qualifications to carry out technical appraisal. The unit conducting the technical appraisal shall issue a written technical appraisal conclusion and be responsible for the appraisal conclusion. 6. The accident investigation team shall link up with the criminal judicial organ, and if it is found to be suspected of a crime of production safety, the accident investigation team shall promptly transfer the relevant materials to the criminal judicial organ with jurisdiction for handling in accordance with the law. The accident investigation team shall communicate with the supervisory authority and hand over the relevant information.

On January 17, 2023, the 39th executive meeting of the State Administration of Mine Safety Supervision in 2022 deliberated and approved the measures for reporting, investigation and handling of Mine production Safety Accidents (hereinafter referred to as the "measures"), and issued them to the mine safety supervision departments of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang production and Construction Corps, provincial bureaus of the State Administration of Mine Safety Supervision, and relevant central enterprises.

 

 
 

1. [scope of application]]

 

In order to regulate the reporting, investigation and handling of mine production safety accidents, and to prevent and contain mine production safety accidents, these measures are formulated in accordance with the the People's Republic of China Safety Production Law, the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents, and the Regulations on Coal Mine Safety Supervision.These Measures shall apply to the reporting, investigation and handling of mine production safety accidents.

 

 
 

2. [concept of mine production safety accident]]

 

Mine production safety accidents refer to the ground production system directly related to mine production and belonging to the mine, including wellhead and below areas, open-pit mines and industrial squares, as well as affiliated tailings ponds, dump sites, washing plants, gangue hills, gas pumping stations and other places, production safety accidents that cause personal casualties or direct economic losses in production and operation activities.

 

 
 

3. accident grade standard]

 

According to the casualties or direct economic losses caused by the accident, the accident is divided into the following levels:

(I) particularly serious accidents,Refers to accidents that cause more than 30 deaths, or more than 100 serious injuries (including acute industrial poisoning, the same below), or direct economic losses of more than 0.1 billion yuan;

(II) major accidents,Refers to an accident that causes the death of 10 to 30 people, or serious injuries to 50 to 100 people, or direct economic losses of 50 million yuan to 0.1 billion yuan;

(III) major accidents,Refers to an accident that causes the death of 3 to 10 people, or serious injuries to 10 to 50 people, or direct economic losses of 10 million yuan to 50 million yuan;

(IV) general accidents,Refers to accidents that cause less than 3 deaths, or less than 10 serious injuries, or direct economic losses of 1 million yuan to 10 million yuan.

The term "above" in this article includes this number, and the term "below" does not include this number.

 

The accident level shall be determined according to the highest level among the number of deaths, serious injuries and direct economic losses. Where the accident level is determined by the number of serious injuries, the number of serious injuries and the number of deaths shall be counted at the same time.

 

 
 

4. [Identification of accident personnel and economic losses]]

 

1, personnel identification.The identification of the person who died in the accident shall be based onpublic security organorMedical institutions with Grade II and above qualificationsThe certification materials issued shall be determined, and the identification of seriously injured persons shall be determined on the basis of the certification materials issued by qualified medical institutions.

 

2, economic loss determination.The accident unit shall count the direct economic losses, and the mine safety supervision and supervision department responsible for leading the accident investigation shall determine it according to the statistical results provided by the local people's government or the accident unit that organizes or participates in the accident rescue and compensation work. Statistical results should be dated.

 

The direct economic losses caused by the accident include:

Expenses incurred after the (I) of personal injury or death, including medical expenses, nursing expenses, funeral and pension expenses, subsidies and relief expenses, and off-work wages;

(II) aftercare expenses, including transactional expenses for handling accidents, on-site rescue expenses, on-site cleaning expenses and accident compensation expenses;

Loss value of (III) property, including loss value of fixed assets and loss value of current assets.

 

3. Change adjustment.If the number of casualties caused by the accident changes within 30 days from the date of the accident, the accident level shall be re-determined according to the changed number of casualties. The missing persons caused by the accident shall be counted according to the dead persons 30 days after the date of the accident, and the accident grade shall be re-determined. If the emergency rescue time exceeds 30 days, the number of casualties and direct economic losses shall be re-determined within 7 days after the end of the emergency rescue. If the re-approved casualty and direct economic loss are inconsistent with the original report, the accident level shall be determined according to the changed casualty and direct economic loss.

 

 
 

5. [Time requirement for submission of accident report]]

 

1. After an accident (including a dangerous accident) occurs in a mine, the relevant personnel at the scene of the accident shallImmediatelyReport to the person in charge of the mine.

 

2, the person in charge of the mine after receiving the report, should be in.Within 1 hourThe mine safety supervision department of the people's government at or above the county level in the place where the accident occurred was reported,SimultaneouslyReporting to provincial bureaus of the State Administration of Mine Safety Supervision. OccurrenceLarger and aboveGrade accident,Can be directedThe provincial-level people's government mine safety supervision department and the national mine safety supervision bureau provincial bureau report.

 

3. The mine safety supervision department of the local people's government at or above the county level shall report the accident report level by level after receiving the accident report,The reporting time for each level shall not exceed 1 hour.Among them, receivedLarger and aboveAfter the grade accident report, it should be in.Provincial Express within 1 hourThe mine safety supervision department of the people's government and the provincial bureau of the State Mine Safety Supervision Bureau;Major and above gradeAfter the accident is reported, it shall be reported to the mine safety supervision department of the provincial people's government and the provincial bureau of the State Mine Safety Supervision Bureau.At the same time, you can immediatelyReport to the National Mine Safety Inspectorate.

 

4. After receiving the accident report, the provincial bureau of the State Administration of Mine Safety Supervision shallWithin 48 hoursFill in the accident information in the accident investigation subsystem of the mine safety production integrated information system.

 

 
 

6. [Report accident content]]

 

(I) accident unit overview. It mainly includes the full name of the unit, the form of ownership and affiliation, production capacity, production status, licenses, etc;

(II) the time and place of the accident and the situation of the accident site;

(III) accident categories. Coal mine accident categories are divided into roof, rock burst, gas, coal dust, mechanical and electrical, transportation, blasting, water damage, fire, and others. Non-coal mine accidents are divided into object attack, vehicle injury, mechanical injury, lifting injury, electric shock, drowning, burning, fire, falling from high places, collapse, roof falling, flooding, blasting, gunpowder explosion, poisoning and suffocation, dam break and others;

Brief (IV) of the accident, the number of people entering the well, the number of people safely lifted into the well, the number of casualties, the number of people at risk, the number of people missing and the preliminary estimated direct economic losses;

(V) the measures already taken;

(VI) other information that should be reported.

 

The contents of the initial report that have not been reported due to the unclear situation shall be renewed in a timely manner after the situation is clear.

 

After the accident report, if there is a new situation (including the progress of accident rescue and rescue), the unit responsible for the accident report shall timely make up or renew the report. Among them, if the number of casualties in the accident changes, it shall make up or renew the report within 24 hours after the change.

 

Accident reports shall be timely, accurate and complete, and no unit or individual may conceal, falsely report or late report.

 

 
 

7. [write-off of accident report]]

 

If a mine causes the death of employees due to natural disasters or suspected of causing illness in the production process, or causes casualties due to illegal mining, it shall be reported in accordance with the production safety accident reporting procedures. After investigation and confirmation by the mine safety supervision and supervision department responsible for leading the investigation or appraisal by the relevant department of the people's government of the place where the accident occurred, if there is one of the following circumstances, the mine safety supervision and supervision department shall put forward a verification proposal and write off in accordance with the prescribed procedures.

 

(I) directly caused by unforeseeable or irresistible natural disasters when the design risk resistance standard is exceeded, the project site is reasonable, and safety precautions and emergency rescue measures are in place;

After investigation by the public security organs, the (II) concluded that the cause of the accident was directly or indirectly caused by intentional acts such as sabotage, terrorist acts, poisoning, arson, theft, suicide, etc;

(III) mine employees in the production process or in the post, sudden illness (not suffering from external energy accidental release caused by the body trauma) caused by death.

 

 
 

8. [Accident Site Disposal Requirements]]

 

1. After receiving the accident report, the local people's government and relevant departments shall immediately start the emergency plan and organize the on-site emergency response work.

 

2. After receiving the accident report, the mine safety supervision and supervision department shall send personnel to the scene of the accident immediately according to the accident level and relevant regulations to assist the relevant local people's government in emergency response.

 

3. Relevant units and personnel such as mines and rescue teams shall properly protect the scene of the accident and relevant evidence. No unit or individual may damage the scene of the accident or destroy the evidence. If it is necessary to change the situation at the scene of the accident due to emergency rescue, the on-site rescue headquarters shall draw a sketch of the scene and make written records, and properly preserve important traces and material evidence at the scene. After the completion of the emergency rescue, the on-site emergency rescue headquarters shall submit the emergency rescue report and relevant drawings, records and other information to the accident investigation team.

 

4. The mine shall cooperate with relevant departments to collect and fix relevant evidence including audio-visual, monitoring and control data in a timely manner. Relevant evidence collected by relevant departments shall be submitted to the accident investigation team.

 

 
 

9. [accident investigation adopts graded investigation]]

 

1. The mine safety supervision and supervision department shall promptly submit it to the people's government at or above the county level for verification after receiving the report information of the mine concealment or false report of the accident involving the death of the person. If the verification is true, it shall be reported in accordance with the prescribed procedures and the accident investigation shall be carried out in accordance with the relevant provisions of these Measures.

 

2. The investigation and handling of accidents shall adhere to the principles of scientific rigor, law and regulations, seeking truth from facts, and paying attention to actual results, so that the cause of the accident is not found out, the responsible personnel are not dealt with, the rectification measures are not implemented, and the relevant personnel are not educated.

 

3. The accident shall be implemented according to the gradeGrading survey.

 

(1) Major and below grade coal mine accidents shall be led by the provincial bureau of the State Administration of Mine Safety Supervision to organize the investigation.

 

(2) Major, large, and general non-coal mine accidents shall be directly organized by the provincial people's government, the municipal people's government divided into districts, and the county-level people's government where the accident occurred, and the accident investigation team may also be authorized or entrusted Relevant departments organize accident investigation teams to conduct investigations.

 

(3) For general accidents that do not cause death, the people's government at the county level or the provincial bureau of the State Administration of Mine Safety Supervision may entrust the accident occurrence unit or relevant departments to organize an accident investigation team to conduct investigation.

 

(4) The State Administration of Mine Safety Supervision may, when it deems it necessary, investigate the coal mine accidents investigated by the provincial bureaus of the State Administration of Mine Safety Supervision. The people's government at a higher level may, when it deems it necessary, investigate the non-coal mine accidents that the people's government at a lower level is responsible for investigation. If the accident grade changes due to the change of the number of casualties, it should be investigated by the people's government at a higher level or the mine safety supervision institution in accordance with these measures, the people's government at a higher level or the mine safety supervision institution may reorganize the accident investigation team to investigate.

 

(5) For major coal mine accidents at or below the level, the provincial bureaus of the State Administration of Mine Safety Supervision, relevant local people's governments, coal mine safety supervision departments, coal industry management departments, other relevant departments responsible for the supervision and management of coal mine safety production, public security organs and trade union organizations shall send personnel to form an accident investigation team, and invite local supervisory organs with jurisdiction to intervene.

 

(6) For major accidents in non-coal mines, the provincial people's government and its emergency management department, relevant departments responsible for the supervision and management of safety production in non-coal mines, public security organs, and trade union organizations shall send personnel to form an accident investigation team, and invite the provincial level Supervisory agency intervenes. Provincial bureaus of the State Administration of Mine Safety Supervision participated in the investigation of the accident.

 

(7) For accidents in non-coal mines of larger and lower grades, the relevant local people's governments and their emergency management departments, relevant departments responsible for the supervision and management of production safety in non-coal mines, public security organs and trade union organizations shall send personnel to form an accident investigation team, and invite local supervisory organs to intervene. The provincial bureaus of the State Administration of Mine Safety Supervision sent personnel to participate in and guide the supervision of the accident investigation.

 

 
 

10. [Regulations on Responsibilities of Accident Investigation Team]]

 

1. The accident investigation team may employ relevant experts to participate in the investigation. Experts should implement a recusal system. In principle, for major accidents, personnel outside the province (region, city) where the accident occurred should be hired as the leader of the expert group, and the proportion of experts outside the province (region, city) where the accident occurred should not be less than 2/3.

 

2. The members of the accident investigation team shall be honest and fair, scrupulously perform their duties, be honest and self-disciplined, abide by the discipline of accident investigation, and keep the secrets of accident investigation.

 

3. The accident investigation team shall perform the following duties:

(I) ascertain the basic situation of the accident unit;

(II) find out the course, reporting process, cause, category, casualties and direct economic losses of the accident; if the accident is concealed, the process of concealment shall be found out;

(III) determine the nature of the accident and the responsibility for the accident; put forward suggestions on handling the units and personnel responsible for the accident;

(IV) evaluate the emergency handling work;

(V) sum up the lessons of the accident and propose preventive and corrective measures;

The (VI) shall submit the accident investigation report within the prescribed time limit.

 

4. The leader of the investigation team for major and below grade coal mine accidents shall be the person in charge of the mine safety supervision organization responsible for the accident investigation (general coal mine accidents may be the person in charge of the internal department of the mine safety supervision organization), and the leader of the investigation team for major and below grade non-coal mine accidents shall be designated by the local people's government responsible for the accident investigation.

 

The leader of the accident investigation team shall preside over the accident investigation and perform the following duties:

(I) organize accident investigation team to carry out work;

(II) clarify the responsibilities of each group in the accident investigation team and determine the division of labor among the members of the accident investigation team;

(III) coordinate and decide important issues in accident investigation;

(IV) put forward the concluding comments on the accident investigation;

(V) review the materials of the accident suspected of crime, and approve the transfer of relevant materials or copies to relevant departments for handling.

 

If the members of the accident investigation team cannot reach a consensus on the cause, nature and handling suggestions of the accident, the leader of the accident investigation team has the right to put forward concluding opinions.

 

5. If it is necessary to carry out technical appraisal on major technical problems and important evidence in the accident investigation, the accident investigation team may entrust a unit with corresponding qualifications to carry out technical appraisal. The unit conducting the technical appraisal shall issue a written technical appraisal conclusion and be responsible for the appraisal conclusion.

 

6. The accident investigation team shall link up with the criminal judicial organ, and if it is found to be suspected of a crime of production safety, the accident investigation team shall promptly transfer the relevant materials to the criminal judicial organ with jurisdiction for handling in accordance with the law. The accident investigation team shall communicate with the supervisory authority and hand over the relevant information.

 

7. The accident investigation team shall submit the accident investigation report within the following time limits:

The (I) of a major accident shall generally not exceed 60 days from the date of the accident;

(II) major accidents and general accidents shall not exceed 60 days in principle within 30 days from the date of the accident.

 

Under special circumstances, with the consent of the local people's government or the mine safety supervision organization in charge of accident investigation, the time limit for submitting the accident investigation report may be extended, but the maximum extension period shall not exceed 60 days.

 

8. The following time shall not be included in the accident investigation period, and shall be explained to the local people's government or mine safety supervision institution responsible for the accident investigation when submitting the accident investigation report:

(I) the time required for investigation and verification of concealed, false or late reporting of accidents;

(II) the time when on-site investigation cannot be carried out due to accident rescue;

Review and record time of the (III) listing supervision and follow-up supervision accidents;

Time required for technical appraisal of (IV) special difficult problems;

(V) the time for the accountability review and investigation of the supervisory authority.

 

9. The accident investigation report shall include the following contents:

Basic information of the unit where the (I) accident occurred;

(II) accident process, accident rescue and emergency disposal assessment;

Casualties, direct economic losses and types of accidents caused by (III) accidents;

(IV) the direct and indirect causes of the accident and the nature of the accident;

(V) accident liability and handling suggestions;

(VI) accident prevention and rectification measures.

 

The accident investigation report shall be signed and confirmed by the members of the accident investigation team.

 

10. The relevant information of the accident investigation shall be filed and kept by the mine safety supervision and supervision department responsible for leading the accident investigation. The archived materials include accident investigation report, technical report, management report, rescue report, technical appraisal report and inspection report, direct economic loss report, material evidence and witness testimony, relevant drawings and materials, audio-visual, monitoring and control data, responsibility treatment and disposal opinions, audit opinions, case closing notice, etc.

 

 
 

XI. [Assessment of Accident Handling and Rectification Measures]]

 

1. Provisions for closing cases

 

(1) After soliciting the opinions of the provincial people's government, the investigation report of major coal mine accidents shall be submitted to the State Bureau of Mine Safety Supervision for examination and approval, and the case shall be closed in accordance with the procedures. The investigation report of coal mine accidents of larger and lower grades shall be closed by the provincial bureau of the State Administration of Mine Safety according to the procedure.

 

(2) The local people's government responsible for the accident investigation report of the major and lower grade non-coal mine shall close the case according to the procedure.

 

(3) For major accidents supervised by the State Council Safety Committee and typical accidents supervised by the State Council Safety Committee Office or the State Mine Safety Supervision Bureau, after the first draft of the accident investigation report is formed, the accident investigation team leader unit shall report to the State Mine Safety Supervision Bureau, and organize the accident investigation team to revise and improve the accident investigation report according to the opinions and suggestions of the State Mine Safety Supervision Bureau, and formally report to the Office of the State Council Safety Committee or the State Mine Safety Supervision Bureau, after examination and approval, the case shall be closed according to the procedure.

 

(4) In case of accident promotion investigation, the unit organizing the promotion investigation shall close the case according to the procedure.

 

(5) The case shall be closed within 15 days after the accident investigation report is approved by the local people's government or the mine safety supervision organization. Under special circumstances, the closing time may be appropriately extended, and the maximum extension time shall not exceed 30 days.

 

(6) The accident closing notice shall be printed and sent to the relevant local people's government or unit, and a copy shall be sent to the member unit of the accident investigation team.

 

2. Rectification regulations

 

(1) The relevant local people's government and its relevant departments or units shall, in accordance with the authority and procedures prescribed by laws and regulations, implement the opinions on the accountability of the relevant units and responsible personnel in the accident investigation report, as well as accident prevention and rectification measures, and report the implementation in writing to (copy) the accident investigation team leader unit and other relevant departments within 3 months after receiving the accident investigation report and the notice of closing the case.

 

(2) The accident unit shall formulate and implement the accident prevention and rectification measures, and the implementation of the prevention and rectification measures shall be subject to the supervision of the labor union and employees. The mine safety supervision and supervision department shall supervise and inspect the implementation of preventive and corrective measures by the accident unit.

 

(3) The accident investigation report shall be released to the public by the accident investigation team leader unit, except for those that should be kept confidential according to law.

 

(4) The accident investigation team leader unit shall organize and carry out the evaluation of the implementation of accident prevention and rectification measures within one year after the accident is closed, and the evaluation results shall be made public. In principle, the evaluation working group is composed of the departments participating in the accident investigation, and the supervisory organ may be invited to participate.

 

These are the main contents of the newly promulgated Measures for the Reporting, Investigation and Handling of Mine Production Safety Accidents.

 

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