基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

企业职工伤亡事故报告和处理规定 PROVISIONS ON THE REPORT AND HANDLING OF CASUALTY ACCIDENTS TO ENTERPRISES EMPLOYEES

2006-05-17 15:14   我要纠错 | 打印 | 收藏 | | |

国务院令第75号
(Promulgated by Decree No. 75 of the State Council of the People's Republic of China on February 22, 1991 and effective as of May 1, 1991)
颁布日期:19910222  实施日期:19910501  颁布单位:国务院

  Chapter I General Provisions

  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 reporting, counting, investigating and handling casualty accidents.

  Chapter II Report of Accidents

  Article 5 The injured or other involved persons on the scene of a casualty accident shall, upon the occurrence of the accident, immediately report to the enterprise principal directly or level by level.

  Article 6 An enterprise principal shall, upon the receipt of a report on 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.

  Article 7 The department responsible for the enterprise and the labour 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.

  Article 8 An enterprise suffering a death or heavy death accident shall 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

  Article 9 An enterprise principal or his authorized person shall organize 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.

  Article 10 The department responsible for the enterprise shall consult 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.

  The department responsible for the enterprise at the provincial, 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.

  The investigation groups mentioned in the preceding two paragraphs shall invite the people's procurator its to join in, and may also invite other departments and relevant experts to join in.

  Article 11 Members of the investigation group shall meet the following requirements:

  (1) having expertise in a certain field necessary for the investigation of the accident; and

  (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 casualties and the state of economic losses;

  (2) to determine the person responsible for the accident;

  (3) to make a proposal for handling the accident and taking preventive measures; and

  (4) to give a investigation report on the accident.

  Article 13 The investigation group has power to collect information 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.

  Article 14 If the investigation group disagrees in an alysing the accident 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.

  Article 15 No organization or individual may obstruct and interfere in the normal working of the investigation group.

  Chapter IV Handling of Accidents

  Article 16 An enterprise suffering an accident and its responsible department shall deal with the proposals made by the investigation group for handling the accident and taking preventive measures.

  Article 17 Where anyone causes an accident by neglecting production 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.

  Article 18 Where anyone, in violation of these Provisions, conceals, or 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.

  Article 19 Where anyone neglects his duties, bends laws for his personal 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.

  Article 20 The work for handling a casualty accident shall be closed 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

  Article 21 The labour department of the State Council shall, in 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.

  The labour department of the State Council shall, in consultation with the relevant department of the State Council, formulate measures to determine economic losses in casualty accidents and measures to classify accidents.

  Provisions governing the investigation and handling of casualty accidents in other laws and regulations than these Provisions shall prevail.

  Article 22 The labour departments shall supervise and inspect the implementation of these Provisions by enterprises.

  Article 23 In the case of specially serious accidents, relevant provisions of the state shall apply.

  Article 24 Casualty accidents suffered by state organs, institutions and mass organizations shall be handled with reference to these Provisions.

  Article 25 The labour department of the State Council shall be responsible for the interpretation of these Provisions.

  Article 26 These Provisions shall enter into force as of May 1, 1991. 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.

相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371