Thread Content
Article 72 In the event of a particularly serious accident involving special equipment, the State Council or the relevant department authorized by the State Council shall organize an accident investigation team to conduct the investigation. In the event of a major accident, the department under the State Council responsible for the supervision and management of special equipment safety, in conjunction with relevant departments, shall organize an accident investigation team to conduct the investigation. In the event of a major accident, the departments responsible for the supervision and management of special equipment safety in the provinces, autonomous regions, and municipalities directly under the Central Government, in conjunction with relevant departments, shall form an accident investigation team to conduct the investigation. In the event of a minor accident, the department responsible for the supervision and management of special equipment at the municipal level shall, in conjunction with relevant departments, form an accident investigation team to conduct the investigation. The accident investigation team shall conduct investigations in accordance with the law, independently and impartially, and submit an accident investigation report. Interpretation of the provision: This article stipulates the entities responsible for investigating accidents involving special equipment, as well as the working principles and key tasks of the accident investigation teams. I. The entities responsible for investigating particularly serious accidents involving special equipment are different from those responsible for investigating accidents of other severity levels. Such a regulation is put in place partly because, in the event of a major accident, investigating the accident and dealing with those involved involve extensive tasks; only by having the State Council or a department authorized by it take charge can authority and fairness be fully ensured ； On the other hand, it is necessary to ensure coordination with the Regulations on the Reporting, Investigation, and Handling of Production Safety Accidents. II. Investigations into special equipment accidents of levels below those classified as especially serious accidents are carried out by the departments responsible for the supervision and management of special equipment safety. The regulations issued by the State Council and local authorities at all levels regarding the functions of quality inspection departments stipulate clearly that these departments are responsible for \"organizing investigations into accidents involving special equipment and conducting statistical analyses thereof.\" As the department responsible for the safety supervision and management of special equipment, it possesses managerial and technical resources, and it is the quality inspection department that conducts investigations into accidents involving such equipment. This approach enhances the accuracy of the investigations; only by having a comprehensive understanding of the basic information regarding the manufacturing companies or user units, as well as the relevant equipment, can accidents be investigated in a systematic and thorough manner, allowing for an accurate analysis of their causes ； It is conducive to accident prevention; as the department responsible for the safety supervision and management of special equipment, identifying the causes of accidents in a timely manner facilitates learning from those accidents and enables the prompt formulation and implementation of preventive measures ； To ensure the authority of the investigations, quality inspection agencies are responsible for drafting regulations, norms, and standards, conducting technical research, tests, inspections, and verifications. They maintain close contact with all authoritative experts in the industry throughout the year. Only by having these industry experts carry out investigations in a scientific and rigorous manner can authoritative conclusions be reached. In addition, other specialized safety supervision tasks, such as the investigation and handling of accidents in areas like public security fire protection, road and railway traffic, and power supply systems, are also carried out by the departments responsible for safety supervision. III. The investigation of special equipment accidents is carried out with the participation of relevant departments. Accident investigation involves various aspects such as fairness and transparency, the protection of employees’ rights, and the determination of responsibilities; it is difficult for a single department to carry out all these tasks. Involving the relevant departments in the accident investigation helps to complete the tasks in a scientific, objective, accurate, and efficient manner. In accordance with the provisions of the Regulations on the Reporting, Investigation, and Handling of Production Safety Accidents, accident investigation work should involve participation from departments such as those responsible for work safety supervision and management, supervision agencies, public security authorities, trade unions, and the people’s procuratorates. IV. The investigation of special equipment accidents follows a hierarchical responsibility system. This provision fully reflects the principle of hierarchical management. Such provisions are formulated based on the current status of safety supervision for special equipment in our country; they facilitate the implementation of territorial management responsibilities as well as ease operation and enforcement. V. The investigation of special equipment accidents is carried out by the accident investigation team. Establishing an accident investigation team is a legal requirement for the legitimacy of the investigation process. Currently, the Provisions on the Reporting, Investigation, and Handling of Accidents Involving Special Equipment specify in detail the composition and responsibilities of accident investigation teams. Paragraph 5 of this article sets out the working principles or code of conduct for the accident investigation team, as well as its core objectives or goals. This regulation will further standardize the work of the accident investigation team. “\"Acting in accordance with the law\" and \"independence\" are the fundamental guarantees for ensuring the fairness and credibility of accident investigation results. Only by acting in accordance with the law can there be credibility; only through independence can there be fairness; only openness can ensure fairness; and only fairness can confer authority. To uphold social fairness and justice and ensure that accident investigations are conducted in a lawful, independent, and impartial manner, it requires not only active efforts from the accident investigation teams and the departments responsible for conducting such investigations, but also proactive and rational actions on the part of party and government leaders at all levels, society as a whole, and every citizen, in order to create a favorable social environment for the lawful, independent, and impartial conduct of accident investigations. It should be noted that, first, \"in accordance with the law\" primarily refers to compliance with this Law and other relevant laws, as well as relevant administrative regulations, the \"Provisions on the Reporting, Investigation, and Handling of Special Equipment Accidents\" (**Order No. 115 of the General Administration of Quality Supervision, Inspection and Quarantine\") and TSGZ0006 \"Guidelines for the Investigation and Handling of Special Equipment Accidents\", among others. Second, \"independence\" primarily emphasizes that the accident investigation team should not be subject to interference from **, the departments responsible for the supervision and management of special equipment, as well as other relevant parties or those who might be held accountable for the accident, so as to prevent the accident investigation process from deviating from scientific and fair principles. Third, “fairness” primarily emphasizes impartiality, with regard to the special factors that may be involved in determining liability for an accident