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
（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.