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Do companies need to report minor or serious injuries?

2009-02-19View Original

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The "Regulations on Investigation and Handling of Production Safety Accidents" does not clearly define an accident, so the boundaries of reporting situations cannot be clarified. Does an enterprise need to report minor or serious injuries? What is the basis? Please give me some advice.
Reply #22009-02-19
Order No. 493 of the State Council of the People's Republic of China, "Regulations on Reporting, Investigation and Handling of Production Safety Accidents," was adopted at the 172nd executive meeting of the State Council on March 28, 2007, and is hereby promulgated and shall come into effect on June 1, 2007.                          Prime Minister * *                            Chapter 1, General Provisions, Article 1 of the Regulations on Reporting, Investigation and Handling of Production Safety Accidents dated April 9, 2007. In order to standardize the reporting, investigation and handling of production safety accidents, implement the accountability system for production safety accidents, and prevent and reduce production safety accidents, these Regulations are formulated in accordance with the "Production Safety Law of the People's Republic of China" and relevant laws. Article 2 These Regulations shall apply to the reporting, investigation and handling of production safety accidents that cause personal injury or death or direct economic losses during production and business activities. ; This Regulation does not apply to the reporting, investigation and handling of environmental pollution accidents, nuclear facility accidents, and national defense scientific research and production accidents. Article 3 According to the casualties or direct economic losses caused by production safety accidents (hereinafter referred to as accidents), accidents are generally divided into the following levels:: (1) Extraordinarily serious accidents refer to accidents that cause more than 30 deaths, or serious injuries to more than 100 people (including acute industrial poisoning, the same below), or direct economic losses of more than 100 million yuan. ; (2) Major accidents refer to accidents that cause the death of more than 10 but not more than 30 people, or serious injuries of more than 50 but not more than 100 people, or direct economic losses of not less than 50 million yuan but not more than 100 million yuan. ; (3) Major accidents refer to accidents that cause death to 3 to 10 people, serious injuries to 10 to 50 people, or direct economic losses of 10 million yuan to 50 million yuan. ; (4) General accidents refer to accidents that cause the death of less than 3 people, serious injuries to less than 10 people, or direct economic losses of less than 10 million yuan. The production safety supervision and administration department of the State Council may, in conjunction with relevant departments of the State Council, formulate supplementary regulations on the classification of accident levels. The "above" mentioned in the first paragraph of this article includes the original number, and the "less than" mentioned does not include the original number. Article 4 Accident reports must be timely, accurate, and complete. No unit or individual may report an accident late, omit it, lie, or conceal it.   Accident investigation and handling should adhere to the principles of seeking truth from facts and respecting science, promptly and accurately find out the course of the accident, its causes and losses, ascertain the nature of the accident, determine the responsibility for the accident, summarize the lessons learned from the accident, propose corrective measures, and hold those responsible for the accident accountable in accordance with the law. Article 5 People at or above the county level * * They shall strictly perform their duties in accordance with the provisions of these regulations and complete accident investigation and handling work in a timely and accurate manner.   Relevant local people where the accident occurred * * Should support and cooperate with the people at higher levels * * Or the relevant departments’ accident investigation and handling work, and provide necessary conveniences. Departments and units participating in accident investigation and handling should cooperate with each other to improve the efficiency of accident investigation and handling. Article 6 The trade union shall participate in the investigation and handling of accidents in accordance with the law and shall have the right to propose handling opinions to relevant departments. Article 7 No unit or individual may obstruct or interfere with the reporting of accidents and the investigation and handling of accidents in accordance with the law. Article 8 Any unit or individual has the right to report illegal acts during accident reporting and investigation and handling to the production safety supervision and management department, supervisory authority or other relevant departments. The department that receives the report shall handle it in a timely manner in accordance with the law. Chapter 2 Accident Report Article 9 After an accident occurs, the relevant personnel at the accident scene shall immediately report to the person in charge of the unit ; After receiving the report, the person in charge of the unit shall report it to the people at or above the county level where the accident occurred within one hour. * * Reports from the production safety supervision and management department and relevant departments responsible for production safety supervision and management.   In an emergency, relevant personnel at the accident site may directly report to the people at or above the county level where the accident occurred. * * Reports from the production safety supervision and management department and relevant departments responsible for production safety supervision and management. Article 10 After receiving an accident report, the production safety supervision and management department and the relevant departments responsible for production safety supervision and management shall report the accident situation in accordance with the following provisions and notify the public security organs, labor and social security administrative departments, trade unions and people's procuratorate: (1) Particularly serious accidents and major accidents shall be reported step by step to the work safety supervision and management department of the State Council and the relevant departments responsible for work safety supervision and management. ; (2) Major accidents are reported to the people of provinces, autonomous regions and municipalities directly under the Central Government. * * Safety production supervision and management departments and relevant departments responsible for safety production supervision and management ; (3) General accidents are reported to the people at the districted municipal level * * Safety production supervision and management departments and relevant departments responsible for safety production supervision and management.   The safety production supervision and management department and the relevant departments responsible for the safety production supervision and management responsibility report the accident situation in accordance with the provisions of the preceding paragraph and shall also report it to the people at the same level. * * . The production safety supervision and administration department of the State Council and relevant departments responsible for the supervision and administration of production safety as well as the people at the provincial level * * After receiving a report of a particularly serious accident or major accident, it shall be reported to the State Council immediately. When necessary, the safety production supervision and management department and the relevant departments responsible for safety production supervision and management may report accidents beyond the level. Article 11 The safety production supervision and management department and the relevant departments responsible for safety production supervision and management shall report the accident situation level by level, and the reporting time for each level shall not exceed 2 hours. Article 12 An accident report shall include the following contents: (1) Overview of the unit where the accident occurred ; (2) The time and place of the accident and the conditions of the accident scene ; (3) Brief history of the accident ; (4) The number of casualties that the accident has caused or may cause (including those who are missing) and the preliminary estimated direct economic losses ; (5) Measures already taken ; (6) Other situations that should be reported. Article 13 If new circumstances arise after the accident is reported, a supplementary report shall be made in a timely manner. If the number of casualties caused by the accident changes within 30 days from the date of the accident, a supplementary report must be made in a timely manner. If the number of casualties caused by a road traffic accident or fire accident changes within 7 days from the date of occurrence, a supplementary report shall be made in a timely manner. Article 14 After receiving the accident report, the person in charge of the unit where the accident occurred shall immediately activate the emergency response plan for the accident, or take effective measures to organize rescue operations to prevent the accident from expanding and reduce casualties and property losses. Article 15 Relevant local people at the place where the accident occurred * * After the safety production supervision and management department and the relevant departments responsible for safety production supervision and management receive an accident report, their responsible persons shall immediately rush to the accident scene and organize accident rescue. Article 16 After an accident occurs, relevant units and personnel shall properly protect the accident site and relevant evidence. No unit or individual may damage the accident site or destroy relevant evidence. If it is necessary to move objects at the accident site for reasons such as rescuing people, preventing the accident from expanding, and clearing traffic, signs should be made, a simplified map of the site should be drawn and written records should be made, and important traces and evidence at the site should be properly preserved. Article 17 The public security authority at the place where the accident occurred shall, based on the circumstances of the accident, file a case for investigation and take compulsory and investigative measures against those suspected of committing a crime in accordance with the law. If a criminal suspect escapes and hides, the public security organs should quickly pursue him and bring him to justice. Article 18 The production safety supervision and management department and the relevant departments responsible for the supervision and management of production safety shall establish a duty system, publish the duty telephone number to the public, and accept accident reports and reports. Chapter 3 Accident Investigation Article 19 For particularly serious accidents, the State Council or relevant departments authorized by the State Council shall organize an accident investigation team to conduct investigations. Major accidents, major accidents and general accidents shall be determined by the provincial people at the place where the accident occurred. * * , people at the municipal level divided into districts * * , county-level people * * Responsible for investigation. provincial people * * , people at the municipal level divided into districts * * , county-level people * * An accident investigation team can be organized directly to conduct the investigation, or the relevant departments can be authorized or entrusted to organize an accident investigation team to conduct the investigation. For ordinary accidents that did not cause casualties, the people at the county level * * You can also entrust the unit where the accident occurred to organize an accident investigation team to conduct an investigation. Article 20: People at higher levels * * When deemed necessary, investigations may be conducted by subordinate people * * Responsible for investigating accidents.   Within 30 days from the date of the accident (within 7 days from the date of the accident for road traffic accidents and fire accidents), if the accident grade changes due to changes in the number of casualties in the accident, the superior people's authority shall be responsible for the change in accordance with the provisions of these regulations. * * The person responsible for the investigation, the superior people * * A separate accident investigation team can be organized to investigate. Article 21 If an accident of a level below a particularly serious accident occurs and the place where the accident occurs is not in the same administrative region at or above the county level as the unit where the accident occurred, the people's rights of the people where the accident occurred shall be determined. * * Responsible for investigation, the people where the unit where the accident occurred * * Someone should be sent to attend. Article 22 The composition of the accident investigation team shall follow the principles of simplicity and efficiency.   According to the specific circumstances of the accident, the accident investigation team consists of relevant people * * , the production safety supervision and management department, the relevant departments responsible for the supervision and management of production safety, supervisory agencies, public security organs and labor unions shall send personnel, and shall invite personnel from the People's Procuratorate to participate. The accident investigation team may hire relevant experts to participate in the investigation. Article 23 Members of the accident investigation team shall have the knowledge and expertise required for accident investigation and shall have no direct interest in the accident being investigated. Article 24 The accident investigation team leader shall be the person responsible for the accident investigation * * specified. The leader of the accident investigation team presides over the work of the accident investigation team. Article 25 The accident investigation team shall perform the following duties:: (1) Find out the occurrence, cause, casualties and direct economic losses of the accident ; (2) Determine the nature of the accident and liability for the accident ; (3) Propose suggestions for handling those responsible for the accident ; (4) Summarize the lessons learned from the accident and propose preventive and rectification measures ; (5) Submit an accident investigation report. Article 26 The accident investigation team has the right to learn about the accident-related situations from relevant units and individuals and require them to provide relevant documents and information. Relevant units and individuals may not refuse. The person in charge and relevant personnel of the unit where the accident occurred shall not leave their posts without authorization during the accident investigation, and shall accept inquiries from the accident investigation team at any time and truthfully provide relevant information. If a suspected crime is discovered during the accident investigation, the accident investigation team shall promptly transfer the relevant materials or copies thereof to the judicial authorities for processing. Article 27 If technical appraisal is required during the accident investigation, the accident investigation team shall entrust a qualified * * Units with specified qualifications shall conduct technical appraisals. When necessary, the accident investigation team can directly organize experts to conduct technical appraisals. The time required for technical appraisal is not included in the accident investigation period. Article 28 Members of the accident investigation team shall be honest, impartial, and conscientious in their accident investigation work, abide by the disciplines of the accident investigation team, and keep the confidentiality of the accident investigation. Members of the accident investigation team are not allowed to release information about the accident without the permission of the accident investigation team leader. Article 29 The accident investigation team shall submit an accident investigation report within 60 days from the date of the accident. ; Under special circumstances, the people responsible for accident investigation * * With approval, the deadline for submitting the accident investigation report may be extended appropriately, but the extended period shall not exceed 60 days at most. Article 30 The accident investigation report shall include the following contents: (1) Overview of the unit where the accident occurred ; (2) The incident and rescue situation ; (3) Casualties and direct economic losses caused by the accident ; (4) The cause of the accident and the nature of the accident ; (5) Identification of accident liability and suggestions for handling those responsible for the accident ; (6) Accident prevention and rectification measures. The accident investigation report shall be accompanied by relevant evidence materials. Members of the accident investigation team shall sign the accident investigation report. Article 31 The accident investigation report shall be submitted to the people responsible for the accident investigation * * After that, the accident investigation came to an end. Relevant materials related to accident investigation shall be archived and preserved. Chapter 4 Accident Handling Article 32 For major accidents, major accidents and ordinary accidents, the people responsible for accident investigation * * An approval shall be issued within 15 days from the date of receipt of the accident investigation report ; For particularly serious incidents, an approval will be issued within 30 days. Under special circumstances, the approval time may be extended appropriately, but the extension time shall not exceed 30 days. Relevant agencies should follow the people's * * In accordance with the authority and procedures stipulated in laws and administrative regulations, administrative penalties shall be imposed on the unit and relevant personnel responsible for the accident, and those responsible for the accident shall be punished. * * Staff members are punished. The unit where the accident occurred shall follow the instructions of the people responsible for the accident investigation. * * Approval will be issued to deal with the personnel responsible for the accident in the unit. If the person responsible for the accident is suspected of committing a crime, he or she shall be held criminally responsible in accordance with the law. Article 33 The unit where the accident occurred shall carefully learn the lessons from the accident, implement preventive and rectification measures, and prevent the accident from happening again. The implementation of preventive and corrective measures shall be subject to the supervision of trade unions and employees. The production safety supervision and management department and the relevant departments responsible for the supervision and management of production safety shall supervise and inspect the implementation of prevention and rectification measures by the units where the accident occurred. Article 34 The handling of accidents shall be determined by the people responsible for accident investigation. * * Or the relevant departments and institutions authorized by it shall disclose it to the public, except for those that should be kept confidential according to law. Chapter 5 Legal Responsibilities Article 35 If the main person in charge of the unit where the accident occurs commits any of the following acts, he shall be fined 40% to 80% of the previous year's annual income. ; belong * * staff and be punished in accordance with the law ; If it constitutes a crime, criminal liability shall be investigated in accordance with the law.: (1) Failure to organize accident rescue immediately ; (2) Late reporting or omission of accident reports ; (3) Leaving work without authorization during the investigation and handling of the accident. Article 36 If the unit where the accident occurred and its relevant personnel commit any of the following acts, the unit where the accident occurred shall be fined not less than RMB 1 million but not more than RMB 5 million. ; A fine of 60% to 100% of the previous year's annual income will be imposed on the principal person in charge, the directly responsible manager and other directly responsible personnel. ; belong * * staff and be punished in accordance with the law ; If it constitutes a violation of public security management, the public security organs shall impose public security management penalties in accordance with the law. ; If it constitutes a crime, criminal liability shall be investigated in accordance with the law.: (1) Falsely reporting or concealing an accident ; (2) Forging or deliberately damaging the accident scene ; (3) Transferring or concealing funds or property, or destroying relevant evidence or materials ; (4) Refusal to accept investigation or provide relevant information and information ; (5) Giving perjury or instructing others to give perjury during the accident investigation ; (6) Escaped after the accident. Article 37 If the unit where the accident occurred is responsible for the accident, it shall be fined in accordance with the following provisions:: (1) In the event of a general accident, a fine of not less than RMB 100,000 but not more than RMB 200,000 shall be imposed ; (2) If a major accident occurs, a fine of not less than 200,000 yuan but not more than 500,000 yuan will be imposed. ; (3) In the event of a major accident, a fine of not less than RMB 500,000 but not more than RMB 2 million will be imposed. ; (4) In the event of a particularly serious accident, a fine of not less than RMB 2 million but not more than RMB 5 million will be imposed. Article 38 If the main person in charge of the unit where the accident occurs fails to perform safety production management duties in accordance with the law, causing the accident to occur, he shall be fined in accordance with the following provisions ; belong * * staff and be punished in accordance with the law ; If it constitutes a crime, criminal liability shall be investigated in accordance with the law.: (1) In the event of a general accident, a fine of 30% of the annual income of the previous year will be imposed ; (2) If a major accident occurs, a fine of 40% of the previous year’s annual income will be imposed ; (3) In the event of a major accident, a fine of 60% of the previous year's annual income will be imposed ; (4) If a particularly serious accident occurs, a fine of 80% of the previous year's annual income will be imposed. Article 39: Local people concerned * * . If the production safety supervision and management department and the relevant departments responsible for safety production supervision and management commit any of the following acts, the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the law. ; If it constitutes a crime, criminal liability shall be investigated in accordance with the law.: (1) Failure to organize accident rescue immediately ; (2) Late reporting, omission of reporting, false reporting or concealment of accident reports ; (3) Obstructing or interfering with accident investigation work ; (4) Giving perjury or instructing others to give perjury during the accident investigation. Article 40 If the unit where the accident occurred is responsible for the accident, the relevant departments shall temporarily detain or revoke its relevant certificates and licenses in accordance with the law. ; For relevant personnel responsible for the accident in the unit where the accident occurred, their professional qualifications and job certificates related to production safety shall be suspended or revoked in accordance with the law. ; If the main person in charge of the unit where the accident occurred is subject to criminal punishment or dismissal from his post, he shall not be the main person in charge of any production and business unit within 5 years from the date of completion of the punishment or punishment. Intermediaries that provide false certificates to the unit where the accident occurred will have their relevant certificates and licenses and the professional qualifications of relevant personnel temporarily detained or revoked by the relevant departments in accordance with the law. ; If a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 41 If a person participating in an accident investigation commits any of the following acts during the accident investigation, he or she shall be punished in accordance with the law. ; If it constitutes a crime, criminal liability shall be investigated in accordance with the law.: (1) Irresponsible for the accident investigation work, resulting in major omissions in the accident investigation work ; (2) Shielding and protecting the person responsible for the accident or taking the opportunity to retaliate. Article 42 Violation of the provisions of these Regulations, the relevant local people * * Or if the relevant departments deliberately delay or refuse to implement the approved opinions on handling the person responsible for the accident, the supervisory authority shall impose sanctions on the relevant responsible persons in accordance with the law. Article 43 The administrative penalties of fines stipulated in these Regulations shall be decided by the production safety supervision and management department.   If laws and administrative regulations have other provisions on the types, extent and decision-making authority of administrative penalties, those provisions shall prevail. Chapter 6 Supplementary Provisions Article 44 For accidents that do not cause casualties but have a negative social impact, the State Council or the relevant local people * * If it is considered necessary to investigate and handle the matter, the relevant provisions of these Regulations shall be followed. * * The reporting, investigation and handling of accidents occurring in agencies, institutions and people's organizations shall be governed by the provisions of these Regulations. Article 45 If there are other provisions in the relevant laws, administrative regulations or the State Council regarding the reporting, investigation and handling of accidents of levels below extremely serious accidents, such provisions shall prevail. Article 46 These Regulations shall come into effect on June 1, 2007. The "Interim Regulations on Investigation Procedures for Particularly Major Accidents" promulgated by the State Council on March 29, 1989, and the "Regulations on Reporting and Handling of Enterprise Employee Casualty Accidents" promulgated on February 22, 1991, were abolished at the same time. This post was last edited by Wuyuwugui on 2009-2-19 19:58 ]
Reply #32009-02-20
Isn’t it surprising that there are so many cases of major accidents being concealed?
Reply #42009-02-20
Anyway, we haven’t reported it, otherwise the Work Safety Supervision Bureau would be too busy. It should be reported only after death.
Reply #52009-02-20
Each unit has different management models and may handle matters differently. Any accidents that occur in our company are reported to the higher-level management unit, as required by the information provided on the second floor. Concealing or underreporting will bear legal responsibility, which is also unfair to employees, and involves employee disability assessment, etc.
Reply #62009-02-20
To report a work-related injury, you must report the accident, otherwise you cannot report a work-related injury.
Reply #72009-02-20
Personally, I think if an accident occurs, it's your fault if you don't report it, but if you report it, it's everyone else's fault if your superiors ignore you. It should be reported.
Reply #82009-02-20
Of course it should be reported! Classification standards for work-related accidents have clear classifications ; In addition, State Council Order No. 493 also clearly stipulates the types of accident reporting, procedures, accident investigation, etc.
Reply #92009-02-20
A system with Chinese characteristics! Besides, it’s not up to you to decide whether to report it or not. This post was last edited by hw197358 on 2009-2-20 21:08 ]
Reply #102009-02-20
Except for multi-person accidents, generally minor injuries are not reported to the safety supervision department, but directly to the work-related injury insurance department.
Reply #112009-02-20
According to the actual situation, if you can hide it, you will not report it to save trouble. If you can't hide it, you should report it and give an explanation to the leader to reduce trouble.
Reply #122009-02-20
According to regulations, you should report it, but it is best not to report it if you can solve it yourself, so as not to affect the normal production and make life difficult if you offend the leader. The result of reporting is to be punished, so why bother.
Reply #132009-02-20
The basis is the "Regulations on Reporting, Investigation and Handling of Production Safety Accidents", which clarifies the definition and classification of accidents. According to the regulations, only serious injuries are reported, but minor injuries are not.
Reply #142009-02-24
Serious injuries need to be reported, minor injuries do not need to be reported. The "Regulations on the Investigation and Handling of Production Safety Accidents" is a regulation. Of course, it does not stipulate the definition of minor and serious injuries. Instead, it must check the standard GB6441-1986 "Classification of Enterprise Employee Casualty Accidents". In our country, 105 lost working days are used as the boundary to classify minor or serious injuries. Those with less than 105 lost working days are classified as minor injuries, and those with equal to or exceeding 105 lost working days are classified as serious injuries. The lost working days corresponding to various types of injuries can be found in this standard. In the United States, Britain and other Europe and America * * , injuries equal to or exceeding three lost working days must be reported to the safety supervision department.
Reply #152009-02-24
We only report fatal accidents here.
Reply #162009-04-12
Minor injuries and serious injuries do not need to be reported in actual operations. In addition to reporting work-related injuries, non-combustible enterprises will suffer huge losses.
Reply #172009-04-12
To be honest, you don’t need to report minor injuries at all. The company can handle it on its own. Deaths must be reported, otherwise you will be responsible for the consequences. For serious injury accidents, whether to report it or not mainly depends on whether the impact on society is great. If the impact is great and someone reports it, you can’t do it even if you don’t report it. If the company can coordinate the relationship between all parties well, it is not impossible not to report serious injury accidents.
Reply #182009-04-12
In our company, if you want to apply for work-related injury insurance, you will apply for it; if you don’t, you will not apply for it.; The sure retribution of death!
Reply #192009-04-12
Minor or serious injuries do not need to be reported, as long as they are reported to the medical insurance department within 24 hours, deaths must be reported
Reply #202009-04-12
"Regulations on Investigation and Handling of Production Safety Accidents" Article 2 Accidents occurring during production and business activities* These Regulations shall apply to the reporting, investigation and handling of production safety accidents involving personal injury, casualties or direct economic losses. ; This Regulation does not apply to the reporting, investigation and handling of environmental pollution accidents, nuclear facility accidents, and national defense scientific research and production accidents. Article 3 According to the casualties or direct economic losses caused by production safety accidents (hereinafter referred to as accidents), accidents are generally divided into the following levels:: (1) Extraordinarily serious accidents refer to accidents that cause more than 30 deaths, or serious injuries to more than 100 people (including acute industrial poisoning, the same below), or direct economic losses of more than 100 million yuan. ; (2) Major accidents refer to accidents that cause the death of more than 10 but not more than 30 people, or serious injuries of more than 50 but not more than 100 people, or direct economic losses of not less than 50 million yuan but not more than 100 million yuan. ; (3) Major accidents refer to accidents that cause death to 3 to 10 people, serious injuries to 10 to 50 people, or direct economic losses of 10 million yuan to 50 million yuan. ; (4) General accidents refer to accidents that cause the death of less than 3 people, serious injuries to less than 10 people, or direct economic losses of less than 10 million yuan. Article 4 Accident reports must be timely, accurate, and complete. No unit or individual may report an accident late, omit it, lie, or conceal it. According to Articles 2 and 3 of the Regulations on Investigation and Handling of Production Safety Accidents, there is no lower limit for general accidents. Therefore, in theory, as long as an accident occurs * Production safety accidents involving personal injury or direct economic losses should be reported in accordance with the provisions of these regulations! In addition, according to Article 14 of the "Interim Provisions on Fines and Penalties" (General Administration Order No. 13): If the unit where the accident occurs is responsible for an accident that causes the death of less than 3 people, or serious injuries (including acute industrial poisoning) between 3 people and 10 people, or a direct economic loss of more than 3 million yuan and less than 10 million yuan, it shall be fined not less than 100,000 yuan but not more than 200,000 yuan. Therefore, accidents that cause serious injuries to less than 3 people (excluding 3 people), minor injuries, and direct economic losses of less than 3 million yuan (excluding 3 million yuan) will not be subject to administrative penalties if they are not reported.
Reply #212009-04-12
Minor injuries do not need to be reported as long as they meet the requirements for general accidents.

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