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Work procedures and contents for accident handling: Accident handling is an important aspect of enterprise safety management. It refers to a series of management activities related to the investigation, analysis, and resolution of accidents, including reporting on accidents, conducting investigations, analyzing them, closing cases, implementing preventive measures, processing claims for work-related injury insurance benefits, maintaining accident records, and conducting statistics. Since the founding of the country, various regulations regarding accident handling have been issued in China, the most notable of which is Order No. 75 issued by the State Council in 1991, titled \"Regulations on Accidents Involving Enterprise Employees and Their Handling\" ； Order No. 34 issued by the State Council in 1989, the Interim Provisions on the Procedures for Investigating Extraordinarily Serious Accidents ； Order No. 302 issued by the State Council in 2001, \"Provisions of the State Council on Holding Administrative Responsibility for Extraordinarily Serious Safety Accidents\" ； The Work Safety Law of the People’s Republic of China, issued by the national **** conference in 2002, established legally a system for investigating and handling work safety accidents, enhanced the legal binding force regarding such investigations and handling, and brought enterprise accident management under greater legal oversight and standardization. I. Accident Handling Procedures The tasks involved in accident handling encompass all the actions taken throughout the entire process from the occurrence of an accident to its resolution. These tasks include reporting the accident, providing emergency rescue, securing the accident scene, conducting investigations into the accident, analyzing it, taking action to address it, preparing accident reports, and archiving related documents. The procedures for these tasks are shown in Figures 20–21. http://www.anquan.com.cn/Manage/UploadFiles_4241/200812/20081222104208563.jpg The procedures shown in Figures 20–21 represent only the relative sequence of steps; in actual accident handling, some of these steps are carried out simultaneously. For example, the follow-up actions related to an accident may take place throughout the entire accident resolution process, and similarly, the investigation and analysis of an accident often occur concurrently as well. II. Reporting and Registration of Accidents An accident report refers to the procedure and requirements regarding the content of reports that must be submitted step by step by the injured persons or those who first discover an accident, after such an accident occurs in a production or business operation unit. 1. Accident reporting Articles 70, 71, and 72 of the Work Safety Law of the People’s Republic of China establish legal provisions regarding the procedures and requirements for accident reporting, as shown in Figures 20–22. http://www.anquan.com.cn/Manage/UploadFiles_4241/200812/20081222104330535.jpg The general requirements for accident reports are \"speed\" and \"accuracy\". “\"Quick\" means acting swiftly and promptly; after an accident occurs, the person who discovers it first must immediately report to the team leader or workshop supervisor, etc. The team leader and others should then report the incident step by step to the company’s safety management department and senior management. In serious cases, reports can be made to a higher level. The report must be submitted to the company’s management no later than before the end of the shift. In the event of a fatal accident, the enterprise’s safety management department must report to the higher-level authorities, as well as the local safety supervision and prosecution agencies and trade union organizations, within 24 hours of the accident occurring. “\"Accuracy\" means that the information provided must be correct; details such as the time and place of the accident, the names, genders, ages of those injured, their job roles and ranks, the locations of the injuries, the severity of those injuries, as well as a brief account of what happened and the causes of the accident, all need to be reported accurately. 2. Registration of accidents Accident registration is carried out after an accident occurs in a company. In order to draw accurate conclusions that are close to objective laws when conducting statistical analysis of accidents, enterprises should register and tally all accidents, including those without injuries. The accident registration is generally the responsibility of the workshop’s safety officer, who is tasked with filling out the \"Accident Registration Form\" accurately; this form must be sent to the factory’s labor union and safety management department within 48 hours after the accident occurs. In cases of serious injuries or deaths, the investigation team is responsible for filling out the \"Accident Investigation Report\" and submitting it within the specified time frame. III. Rescue and Protection at the Accident Scene 1. Emergency Response to Accidents Generally speaking, appropriate emergency measures should be taken based on the nature of the accident to prevent it from worsening and to avoid further casualties. For example, in the event of an electric shock injury, the power supply must be cut off first; insulating materials should be used to separate the electrical appliances and wires, in order to prevent those present and medical staff from being at risk of electric shock. Afterwards, emergency treatment should be provided based on the severity of the injury. For accidents such as poisoning and burns, handling should be carried out according to the characteristics of the accident. In the event of a poisoning incident, the poisoned person should be immediately moved to an area with fresh air, while efforts should be made as quickly as possible to contain the spread of the poison. In the event of a burn injury, the victim should be immediately removed from the site of the burn, any obstruction in the respiratory tract should be cleared, the wound should be protected from further contamination or damage, and the heat source should be eliminated as soon as possible. 2. Transport of the injured Before escorting them, it is necessary to provide first aid to the injured, find suitable stretchers as well as transportation vehicles that are fast and have minimal vibration, and prepare the necessary medical personnel and equipment for treatment during transport. The injured person should be kept calm, with an open airway ensured; artificial respiration may be necessary, bleeding should be controlled, and the injury area should be examined. If it is necessary to move the injured person to a safe place before examining the injury, all parts of their body must be protected to prevent further damage from pulling. Support your hands, legs, head, and back to keep your body in a straight line and prevent it from shaking. Victims with head injuries, fractures of the thighs, calves, or pelvis, or back injuries must under no circumstances be transported while seated. 3. Scene preservation Preserving the accident scene means maintaining the original state of damage at the location where the accident occurred. Its scope includes the environment affected by the accident and related locations. The handling and investigation of the accident scene are the primary steps in the analysis of casualty accidents, and they hold a particularly important role in accident investigation. When it is necessary to move objects at the scene to rescue the injured and eliminate hazards, markers must be placed. Since the accident scene is the primary location where physical evidence is found, and it constitutes an essential objective condition for investigating the accident, it is required that the position, color, shape, as well as the physical and chemical properties of various objects at the scene be maintained as closely as possible in their original state at the time of the accident. All possible measures must be taken to prevent damage caused by human and natural factors. The cleanup of the accident site should only be carried out after the investigation team confirms that there is nothing left to collect as evidence and all relevant details have been properly documented. Production resumption must not be used as an excuse to clean up the site without authorization, thereby concealing the truth of the accident. IV. Investigation and Analysis of Accidents 1. Purpose of Investigating Casualty Accidents The investigation of casualty accidents in enterprises generally involves two aspects: one is the handling of such accidents after they occur, and the other is comprehensive investigations aimed at providing guidance at a macro level. Specifically, the main purpose of investigating casualty accidents is as follows. (1) Clarify the sequence of events surrounding the accident. An accident that results in physical injuries is different from chemical or physical phenomena that occur in laboratories. Chemical and physical phenomena can be subject to repetitive experiments based on the substances involved, the conditions of the objects, their quantities, and the relationships between various parameters. However, the conditions that lead to industrial accidents are complex, and in most cases it is impossible to recreate such situations through experiments. Therefore, investigators must sort through the traces left at the accident scene, changes in the spatial environment, accounts from witnesses to the accident, and statements from those who were injured, in order to determine the true causes and course of the accident, discarding the false information and expressing the facts accurately in concise words. (2) Identify the cause of the accident. Analysis of the cause of the accident is the core part of the investigation into casualty incidents. Accidents resulting in injuries or deaths are often the result of the interaction of multiple factors; accidents caused by a single factor are quite rare. Therefore, the process of accident investigation involves a comprehensive analysis of various factors such as human factors, management factors, and environmental factors that contributed to the accident. It uses scientific methods to objectively identify all the factors closely related to the accident, analyze the internal relationships between these factors as they interact with one another, and uncover the true causes of the accident. When conducting an accident analysis, identifying those responsible should not be the main purpose of investigating an incident resulting in injuries or deaths; moreover, such investigations should not be carried out using the procedures and methods employed for investigating criminal offenses, as this is not conducive to proper accident analysis. The occurrence of the accident was caused by multiple factors, with the observed phenomena being interrelated in a causal manner. In many fatal accidents, there is such a phenomenon: a certain condition in the stage prior to the accident may serve as the basis for another condition to occur in the subsequent stage ； And in the latter stage, it is the result of another phenomenon. Therefore, when investigating an accident, one should not focus solely on a single cause; rather, a comprehensive analysis is needed to identify the causal relationships behind the phenomena, otherwise it will also lead to errors in the accident analysis. (3) Learning from accidents: Through the investigation of the accident process and the pursuit of its causes, people can draw many lessons and devise effective safety measures. For example, unsafe factors in aspects such as engineering design, process arrangement, and production operations can be identified, and new insights are gained into the causes behind the mechanisms underlying serious casualties in those unknown areas. The information obtained from the investigation provides new insights, enabling people to acquire the techniques and skills necessary to prevent similar accidents from occurring. (4) Conduct macro-level studies on accident patterns in order to control casualties. Accident investigations are carried out in accordance with the Work Safety Law and relevant regulations; an accident investigation report is prepared, documenting the key facts and important data related to the accident, as well as the findings of the investigation. These written records of the accidents are reported at each level, forming the accident archives for the safety production supervision and management departments at various levels. By using accident records for scientific research or comprehensive analysis, it is possible to identify patterns, which is of great significance for the prevention and control of casualty accidents as well as for providing macro-level guidance. (5) To amend safety regulations and provide a basis for strengthening supervision of work safety, the investigation of accidents resulting in injuries or deaths requires the participation of the local safety supervision authorities responsible for the enterprise, trade unions, procuratorial agencies, as well as leaders at all levels in charge of safety work, in accordance with the Work Safety Law and relevant regulations issued by the State Council. The occurrence of an accident objectively serves as a serious examination of a company’s safety management practices, raising the need for corrections and remedies in such management. The occurrence of casualties also serves to verify whether various safety regulations, safety measures, safety training, and safety inspections are effective and properly implemented. Investigations into accidents and injuries enable the identification of the characteristics and patterns of accidents occurring in different industries and companies under various conditions. They help to uncover the risk factors and management deficiencies that lead to such accidents. These findings can be utilized to improve safety practices, enabling targeted improvements and the development of safety measures and management systems. This enhances a company’s ability to prevent and control production accidents, thereby improving its safety management. Such investigations can also be used to formulate regulations for work safety, to train personnel responsible for overseeing work safety, and to strengthen oversight and guidance regarding a company’s work safety efforts. 2. Procedures for investigating casualties The investigation procedures are shown in Figures 20–23. http://www.anquan.com.cn/Manage/UploadFiles_4241/200812/20081222104915221.jpg The main procedures include forming an investigation team, conducting on-site inspections, interviewing relevant personnel, and carrying out accident assessments. Through simulation tests and other methods, various physical evidence, testimonial evidence, and materials related to the facts of the accident are collected, including information on personnel, the working environment, equipment, management practices, and the sequence of events surrounding the accident. The investigation results serve as the basic material for accident analysis. 3. Accident investigation organization and basic principles ① An accident investigation team should be established after an injury or death accident occurs, and it is this team that will carry out the investigation of the accident. Members of the accident investigation team should possess the knowledge and expertise required for investigating accidents, and should have no conflicts of interest with the entity where the accident occurred or with any relevant individuals. ②For incidents resulting in minor or serious injuries, the production and operation unit shall organize an accident investigation team. The accident investigation team consists of relevant personnel from the unit’s safety, production, and technical departments, as well as representatives from the unit’s labor union. When the comprehensive supervision and management department for work safety of the county (city, district, banner) where the accident occurred deems it necessary, it may send personnel to join the investigation team for serious accidents or directly organize the establishment of such a team. ③Generally, after a major or extremely serious casualty accident occurs, an accident investigation team is established in accordance with the following provisions: a. In the case of an extremely serious casualty accident, the comprehensive supervision and management department for work safety of the province, autonomous region, or municipality directly under the Central Government where the accident took place is responsible for forming the accident investigation team ； b. In the case of serious casualties, an accident investigation team shall be established by the comprehensive safety production supervision and management department of the people’s government (administrative office) of the city (league, state, prefecture) where the accident occurred ； c. For ordinary casualty accidents, an accident investigation team is established by the comprehensive supervision and management department for work safety of the county (city, district, banner) where the accident occurred. When the local people **consider it necessary, they can directly form an accident investigation team. The accident investigation team is composed of personnel from the departments responsible for comprehensive supervision and management of work safety, administrative supervision departments, public security departments, other relevant departments, trade union organizations, as well as relevant experts. If any of the persons responsible for the accident involving casualties are public officials suspected of committing a crime, personnel from the people’s procuratorate should be invited to join the accident investigation team. If the casualty incident involves other regions, other departments, or the military, relevant personnel from those regions, departments, or the military should also be invited to join the accident investigation team. ④Basic principles to be followed in accident investigations a. Accident investigations should respect science and seek truth from facts, based on objective evidence. Accidents can be investigated thoroughly; this is the most fundamental principle in accident investigation ； b. Adhere to the principle of “not letting go of four things”. In other words: do not let go until the cause of the accident has been clearly analyzed; do not let go until those responsible for the accident and the general public have received education; do not let go until preventive measures have been taken; do not let go until those responsible for the accident have been held accountable ； c. The principle of third parties, that is, the members of the investigation team have no direct interest in the accident that occurred ； d. The principle of relying on experts and science and technology. Including necessary testing, inspection, qualitative and quantitative analysis, simulation experiments, etc ； e. The principle that no entity or individual shall obstruct or interfere with the normal work of the accident investigation team. 4. On-site investigation items (1) Handling of the accident scene: During the process in which the investigation team enters the accident scene to conduct investigations, and before any conclusions can be drawn from the analysis of the accident, it is necessary to protect the accident scene; no objects, traces, or conditions related to the accident should be damaged. When entering the site or conducting simulation tests that require moving certain objects there, it is necessary to set up proper markings at the site. Additionally, photography or videography should be used to document any traces that might be removed or damaged. To ensure that on-site investigations can obtain complete information regarding the accident. (2) On-site investigation and collection of physical evidence: The scene of an injury or death accident is the result of the accident itself. Sometimes, the damaged objects at the scene of an accident or the state of motion left by those objects can directly indicate the cause of the injury or death incident. The collection of physical evidence is highly technical, requiring investigators to have extensive experience in handling accidents and injuries, as well as solid fundamental skills. In actual investigation work, only experienced investigators are able to collect physical evidence in a targeted manner based on the characteristics of specific accidents, gathering evidence related to the occurrence of those accidents according to the different types of casualties. In other words, each specific accident involving casualties has its own unique characteristics. Therefore, the collection of physical evidence in the investigation of different types of casualty incidents also focuses on different aspects. The general requirements for evidence collection are as follows. ①Physical evidence at the scene includes: the weapon used to cause harm, the object that triggered the incident, as well as their damaged parts, fragments, and residues. ②All objects collected at the scene should be labeled with the location, time, and person in charge; all items must remain in their original state, and it is not allowed to wash or wipe them. ③For items that are harmful to health, safety measures should be taken to ensure that the original evidence is not damaged. (3) Photography of the accident scene, including all photos showing the wreckage and the original location of the victims ； Traces that may be erased or trampled, such as brake marks, photos of damage caused by fires, and the location of falling objects, etc ； Full view of the accident scene ； Photography and video are used to provide more comprehensive information. Photos or videos should be taken in the following areas: ① Take photos or videos from different angles to show the location of the accident scene within its surrounding environment ； ②Take comprehensive photos or videos that show the relationships between various elements at the accident scene ； ③Take photos or videos at the center to show the situation at the accident site ； ④Take detailed photos or videos to reveal traces and causative factors related to the direct cause of the accident ； ⑤Photos or videos of the human body show the main areas where injuries occurred and that caused death or harm. (4) Accident diagram drawing: For some accidents, it is necessary to draw a schematic diagram of the accident scene. A site map of the accident shows the location and extent of the accident scene, as well as the important objects related to the accident, traces, causative factors, harmful elements, and the exact locations of the injured persons, along with the distances between them. The accident depicted in the diagram must reflect as accurately as possible the characteristics of the incident that occurred, and the drawing method should be chosen based on those characteristics. The symbols and representation methods used in accident diagrams must be easy to understand, in line with general graphic principles, and textual explanations can be added if necessary. (5) Collection of witness information: To understand the causes and course of the accident, it is necessary to conduct interviews and investigations with the parties involved in the accident, namely those who were at the accident scene before and after it occurred, the injured persons or those who first discovered the accident, the persons in charge of the company involved, as well as the engineering technicians and workers related to the location of the accident and the process equipment, as these individuals may be witnesses to the accident. Pay special attention to documenting the instantaneous changes in the position of light, smoke, and various objects as seen by accident witnesses, as well as any abnormal sudden occurrences. Such as changes in the sounds heard, unusual odors detected, etc. These phenomena often play a significant role in tracing the causes of accidents. Since human memory is often affected by people and the environment, over time the initial memories fade away. If too much time passes between the time when the interviewer speaks with the interviewee and the time of the accident, the interviewee may inadvertently add their own subjective opinions when describing the facts of the accident, resulting in testimony that deviates from those facts. Therefore, it is necessary to talk to the person under investigation as soon as possible. Furthermore, it should be noted that casualty accidents differ from criminal cases; the interests of witnesses and victims are aligned, and there is generally no conflict of interest. Therefore, the motives for giving false testimony are also quite different from those in criminal cases. After the accident, people were deeply shaken, grieving for those who were injured or killed, and feeling depressed. At first, people generally are reluctant to testify voluntarily to the investigators, out of concern that they might be held responsible if something is said incorrectly, as well as because they want to discuss with others how to phrase their statements. All these ideological tendencies will pose difficulties for the investigation. Therefore, the following points should be considered when collecting witness materials. ①When talking to witnesses, one should be gentle, patient, and mindful of the approach. Investigators should be adept at creating a positive atmosphere for conversation with the persons being interviewed, so that witnesses understand that the purpose of the accident investigation is to prevent such accidents from happening again. It shows that the investigation work is in the interest of the people and those who have been harmed. The language used in the conversation should be simple and easy to understand; it is important to be adept at dispelling the interviewee’s concerns, and to use skillful approaches to help the interviewee relax and become willing to cooperate with the accident investigation team. If the investigator is biased, the conversation exhibits clear bias, or acts in a superior manner toward the person being interviewed, it will provoke resentment on the part of the interviewee and result in the loss of their trust and genuine cooperation. ②Respect witnesses and allow them to narrate in their own customary way of speaking. During the conversation, investigators should generally not interrupt the witness or urge them to speak. But guidance must be provided in a timely manner to keep the conversation on track. Investigative interviews must also adhere to the principle of confidentiality. If witnesses mention views unrelated to the accident, or opinions regarding the leadership of the organization, as well as topics such as personal privacy, family and neighborhood relationships, and conflicts with colleagues, these matters should be kept strictly confidential for the person under investigation, in order to maintain credibility. ③When talking to the person under investigation, attention should be paid to the setting; generally, conversations should not take place in public places to avoid interfering with the person’s ability to provide testimony properly. ④Talking to the injured person requires the doctor’s permission; the conversations and questions should be brief. If further details are needed, they can be obtained after the injury improves or the person has recovered. ⑤When recording the testimony of the person under investigation, attention must be paid to the method used; consent from the witness must be obtained to avoid placing an additional psychological burden on them. Strive to get the person under investigation to describe the circumstances of the accident causing casualties in a truthful manner, driven by a willingness to cooperate. Investigators need to master recording techniques and be adept at recording in a way that satisfies the other party. When taking notes, attention should be paid to recording the main contents of the interviewee’s statements, and the accuracy of the records must be ensured. Try to complete each conversation record in one go. At the end of the investigation, the records must be carefully reviewed to avoid missing any important questions. During the conversation, if anything is unclear, take the opportunity to ask politely. For things that the person being interviewed cannot recall immediately, give them enough time to think and arrange to talk again at a later time; do not press them too quickly. 5. Accident Analysis (1) Investigation and analysis of accident causes, including the investigation and analysis of both direct and indirect causes of the accident. Investigating and analyzing the direct causes of an accident involves conducting in-depth and thorough investigations into both the objects and the people involved, in order to identify all the factors related to accidents involving humans and objects. Clarify their interrelationships and the importance of each, in order to determine the direct cause of the accident. The investigation into the indirect causes of an accident involves analyzing the reasons that led to unsafe human behaviors, unsafe conditions of objects, and mismatches between people, objects, and the environment. It aims to determine why such unsafe behaviors and conditions arose, and why measures were not taken before the accident occurred to prevent it. (2) Accident liability analysis and handling: Accident liability analysis involves identifying the causes of an accident in order to determine who is responsible, so that the persons in charge of the production and operation units as well as other employees can learn from these lessons and improve their work. In accident liability analysis, by investigating the direct and indirect causes of the accident, the direct responsible parties, the leadership responsible parties, and the main accountable individuals are identified. And propose measures against the responsible parties based on the consequences of the accident. ①In the event of an accident caused by the reasons listed below, the leaders shall be held accountable first. a. Failing to provide workers with necessary safety education and technical training as required, or allowing them to start working without passing the relevant skill tests ； b. Lack of safety technical operating procedures or inadequate ones ； c. The equipment is severely worn out or operating under overload ； d. Lack of or defects in safety measures, safety signals, safety signs, safety equipment, and personal protective equipment ； e. Turning a blind eye to accidents, failing to take proper measures or misappropriating funds intended for safety technologies, resulting in the repeated occurrence of similar accidents ； f. Those who lack oversight or provide incorrect guidance for on-site work. ②Those responsible for an accident caused by the following reasons shall be held accountable. s. Giving illegal instructions or carrying out illegal operations, or engaging in risky operations ； b. Violating the safety production responsibility system, breaking labor discipline, or neglecting duties ； c. Starting machinery and equipment without authorization, or altering, removing, destroying, or misusing safety devices and equipment. ③Those responsible for the accident or other individuals who fall under any of the following circumstances shall be given a heavier punishment. a. Destroying or falsifying evidence, damaging or altering the scene of an accident, interfering with investigations, or shifting blame to others ； b. Repeatedly failing to comply with management instructions, violating safety production regulations, or forcing workers to carry out work in hazardous conditions ； c. Those who retaliate against those who offer criticism, stop violations, or truthfully report accident situations. If no consensus can be reached regarding accident analysis and the handling of those responsible, the safety management department has the authority to issue a final decision. If disagreements persist, the matter should be referred to the higher-level safety management department for consultation with relevant departments; if still no agreement is reached, it shall be submitted to the people’s court at the same level for a ruling, provided that this does not exceed the deadline set for concluding the accident investigation. The time required to close a case related to an injury or death accident generally does not exceed 90 days, and in special cases, it does not exceed 180 days. After the handling of an injury or death incident is completed, the results of that handling should be made public, and the relevant documents should be compiled and archived for future reference. Those who violate the law shall be dealt with by the judicial authorities in accordance with the law. (3) Analyze and formulate preventive measures. The fundamental purpose of accident management is to prevent accidents; after identifying the causes of an accident, measures should be put in place to prevent similar accidents from occurring again. Regarding the problems existing in a company’s production process, improvement plans should be proposed by leveraging advanced technologies and best practices. Based on the problems existing in the employees’ operating methods and in comparison with these safety technical regulations, improvement proposals are put forward. Technical assessments can be conducted on the issues existing in equipment and facilities as well as their current safety devices, allowing for timely repairs to keep them in a safe and functional state; those without safety devices should be equipped with such devices in accordance with regulations. Problems in organizational management should be resolved in accordance with relevant regulations and modern safety management requirements, such as adjusting organizations and personnel, establishing sound rules and regulations, and providing safety training. Among the preventive measures, improving working conditions and the working environment, as well as enhancing the level of safety equipment, should be given top priority, with the aim of eliminating risk factors at their root. V. Handling of Personnel 1. Post-accident follow-up The management of an accident can generally be divided into 4 stages: the first is the organization of rescue efforts, reporting, and site protection after the accident occurs ； Second, organize an investigation team to conduct an investigation and analysis of the accident, and prepare an investigation report ； Third is the follow-up handling of the accident ； Fourth is the handling of those responsible for the accident. It can be seen that the follow-up handling of an accident is an important part of the overall accident management process; if handled improperly, it may disrupt the normal progress of production and even affect social stability. (1) Proper handling of the victims: The basic principle is to handle them promptly without delay ； Handle the situation separately to prevent gatherings of the injured and the families of those who have lost their lives. Achieve unity of understanding and standards; the members responsible for handling accidents must work together to carry out their tasks effectively. After an injury or death incident occurs, a formal hospital must confirm the death, the cause of death, and the nature of the incident, with the attending doctor signing off. From the confirmation of death, the determination of where the body will be stored, to notifying the family, this process should generally be completed within 4–5 hours. After the death is confirmed, the body should first be taken to an funeral home for storage, and then the family should be informed. It is necessary to specifically study how to inform the family members and handle matters related to them. Some family members first propose compensation conditions before dealing with the body, while others may demand exorbitant amounts that cannot be met, or they may delay things due to fundamental disagreements regarding the cause and nature of death. In such cases, it is necessary to seek assistance from the relevant authorities to facilitate negotiations; if an agreement still cannot be reached, then the law enforcement agencies should make a decision and notify the relevant organizations and the family members. (2) Handling of compensation for injuries and deaths: Compensation under work-related injury insurance should be provided to the injured persons or the families of those who died, in accordance with the relevant regulations on work-related injury insurance. If the employer is covered by social work-related injury insurance, a claim should be filed with the insurance company; if not, the employer shall provide compensation in line with the standards set for work-related injury insurance. Article 48 of China’s Work Safety Law stipulates that employees who are injured as a result of work-related accidents, in addition to being entitled to work-related injury social insurance in accordance with the law, shall also have the right to seek compensation in accordance with relevant civil laws; such employees may file claims for compensation with their employer. In the event of an injury or death accident caused by the fault of the employer, in addition to compensating in accordance with the standards set forth in work-related injury insurance, the employer shall also bear the corresponding civil liability for compensation. (3) Conduct proper safety education to resume production as soon as possible. Enterprises should use the accident cases that have occurred to provide safety education to their employees, so that they can learn from them. At the same time, the accident site should be cleaned up promptly to resume production as soon as possible. (4) Actions after the approval of the accident report: Upon receiving the decision regarding the handling of the accident as outlined in the accident investigation report, the production and operation unit must inform its employees of the findings of the investigation and handling, and educate them to learn from the lessons learned. The persons responsible for the accident must be dealt with in accordance with the approved decision, and corrective measures must be implemented. While taking appropriate action against those responsible as required, it is important to carry out safety education to ensure that they truly realize their mistakes at a conceptual level. Rectification measures must be assigned to specific individuals, with deadlines set for completing the tasks in order to achieve intrinsic safety. 2. Legal accountability of those responsible for accidents China’s Work Safety Law, in Articles 77 to 93 and Article 95, details the administrative, criminal, and civil liabilities that must be borne for violations of work safety regulations, thereby fully reflecting the mandatory force of the law. (1) Principle of holding legal responsibility: The purpose of establishing legal responsibility is to impose legal sanctions on those who violate the law and provide material and moral compensation to the victims, thereby restoring social order and achieving social justice. To fully achieve this goal, the following principles should be followed when holding lawbreakers legally accountable. ①Principle of causality. When determining whether a violator bears legal responsibility, it is first necessary to establish the existence of a causal relationship. Causal relationships fall into two categories: one is the causal relationship between an act and the harmful consequence, that is, whether a specific tangible or intangible harmful consequence is caused by that act. Another category is the causal relationship between mental activities and behavior, that is, whether the offender’s actions are the result of their thoughts controlling their body. According to the principles of dialectical materialism, causal connection is an essential and inevitable form of relationship that exists between things. The causal link required to establish legal liability is an inherent, direct, and primary connection between the illegal act and the harmful consequence, as well as between mental states and actions. Otherwise, the offender should not be held legally liable. ②The principle of legal liability. As a negative legal consequence, legal liability must be prescribed in advance by legal norms and be incorporated within the logical structure of those norms. When an act in violation of legal norms occurs, the offender should be held accountable in accordance with the pre-determined nature, scope, degree, timeframe, and method, and compulsory obligations should be imposed. This is the concrete application of the principles of socialist rule of law in classification issues. At its core, the principle of legal certainty is an exclusive and negative principle; it aims to exclude and reject arbitrary imposition of liability, ensuring that \"what is explicitly provided by law shall not be punished\" and that \"what is explicitly provided by law shall not constitute a crime.\" When dealing with illegal acts related to production safety accidents, safety enforcement actions are carried out in accordance with the legally prescribed nature of such acts, scope of penalties, degrees of punishment, and procedures for imposing penalties. ③The principle of fairness. Justice is the moral and value foundation of attribution. Justice first requires that those who are responsible be held accountable. From a legal perspective, any illegal act constitutes an infringement and deprivation of legitimate rights and interests. It is only right that the perpetrators be punished and those who deprive others of something have that taken away from them; it is the perpetrator’s own fault. If such violations are not held accountable, it is equivalent to allowing and encouraging people to profit from their mistakes. It will inevitably lead to the inversion of right and wrong, truth and falsehood, good and evil. Justice also requires that responsibility be balanced with illegal acts. That is, the nature, type, and severity of legal liability must be commensurate with the nature of the alleged illegal act and the degree of harm caused to others and society; in other words, light offenses should not be punished severely, nor should serious offenses be punished lightly. Be neither lenient nor harsh, nor biased in any way. The principle of fairness requires that law enforcement agencies or officers ascertain the facts of the violation, apply relevant legal provisions accurately, exercise their discretion properly, and ensure that penalties are appropriate, proportionate, strict, lawful, and reasonable. ④Timeliness, and the principle that violations of the law must be pursued. If legality, rationality, transparency, and fairness are the guarantees of accuracy in holding people legally accountable, then timeliness is an essential condition for achieving the best social outcomes from such accountability. Only by promptly holding lawbreakers accountable within the statutory time limit can illegal acts be effectively addressed, disputes resolved swiftly, and the escalation of conflicts or the expansion of problems prevented. Punishing those who break the law is a fundamental requirement in the development of China’s legal system. It means that any organization or individual who commits illegal acts must be held accountable under the law and face corresponding legal consequences. (2) Administrative liability refers to the legal responsibility that a person must bear for violating administrative management regulations. Administrative liability is generally divided into liability for duty-related faults and liability for administrative faults; the former refers to the legal responsibilities that officials of administrative agencies must bear due to the abuse of power or illegal or negligent actions committed in the course of performing their duties ； The latter refers to the legal responsibilities that the parties involved in administrative management must bear for violating administrative regulations. Articles 77 to 93 of China’s Work Safety Law stipulate the administrative sanctions or penalties for violations of this law. The parties who are held accountable for such violations mainly include **staff members related to work safety, as well as the departments responsible for work safety supervision and management and their staff ； The parties liable for administrative fault include production and operation entities and their responsible persons, management staff, employees, intermediary agencies and their staff, etc. Administrative liability sanctions are divided into two types: administrative disciplinary actions and administrative penalties. The administrative disciplinary actions for **staff members include seven categories: warning, reprimand, serious reprimand, demotion, dismissal from office, suspension with pay, and expulsion; a fine may also be imposed. The types of administrative penalties include warnings, public reprimands, orders to make corrections within a specified time limit, and other advisory penalties ； Penalties such as ordering the suspension of production and business operations, halting construction, closing down the business, revoking the business license, removing eligibility, and expelling from relevant lists ； Financial penalties such as fines and confiscation of property. (3) Civil liability refers to the legal responsibility that a person must bear for violating their own civil obligations or infringing upon the civil rights of others. Civil liability is primarily manifested as property liability and has a clear compensatory nature. At the same time, the scope of civil liability should correspond to the rights damage caused by civil violations, so as to restore or compensate for the victim’s loss of rights. Articles 79, 86, and 95 of the Work Safety Law stipulate the civil liability that must be assumed for causing injuries as a result of an accident. Article 95 stipulates: “Where a production or business operation entity causes an industrial safety accident that results in casualties or losses to others’ property, it shall bear liability for compensation in accordance with the law.” ； If they refuse to assume responsibility or their responsible persons flee, the People’s Court shall enforce it in accordance with the law. If the person responsible for a production safety accident fails to assume liability for compensation in accordance with the law, and still cannot provide adequate compensation to the victims even after the people’s court takes enforcement measures in accordance with the law. The obligation to compensate should continue to be fulfilled ； If the victim discovers that the liable party has other assets, they may request the people’s court to enforce seizure at any time. ”According to this provision, the entities liable for civil liability can be either the production and business entities (legal persons) that cause casualties or damage to others’ property as a result of production safety accidents, or the persons responsible for such accidents (natural persons). In other words, if an accident occurs due to personal reasons, resulting in injury to persons or property damage, in addition to being held administratively or criminally liable depending on the nature of the violation and the severity of its consequences, the individual must also bear civil liability for compensation. For accident perpetrators (including legal entities and natural persons) who fail to assume liability for compensation in accordance with the law, the people’s court will take compulsory enforcement measures in accordance with the law. After the people’s court takes enforcement measures in accordance with the law, if the liable party still fails to provide full compensation to the victim, they must continue to fulfill their compensation obligations under the \"principle of unlimited liability.\" If the victim discovers that the liable party possesses other assets, they may request the people’s court to enforce collection at any time. Joint civil liability refers to the situation where, due to the faults in Party A’s actions, an accident occurs during Party B’s production and business operations, resulting in casualties and property losses; in such cases, Party A is required to bear civil liability together with Party B. Article 79 of the Work Safety Law stipulates that intermediary agencies, in carrying out safety assessment, certification, testing, and inspection services, shall bear joint and several liability for compensation if, due to their own faults, an accident occurs in a production or business operation entity, causing damage to others. Article 86 stipulates that if a production or business operation entity assigns or leases its production projects, premises, or equipment to entities or individuals that do not meet the safety requirements or possess the necessary qualifications, thereby causing a production safety accident that results in harm to others, such entity shall bear joint and several liability for compensation together with the contractor or lessee. (4) Criminal liability refers to the legal responsibility that a person must bear for committing a criminal offense. Since criminal offenses are the most serious in nature, criminal liability is also the most severe. In our country, the entities responsible for determining guilt and imposing criminal liability can only be the judicial organs, namely the people’s courts at all levels. The ones who bear criminal liability are solely the perpetrators of criminal offenses themselves, and no others should be held accountable as a result. ①The crimes related to the crime of safety accidents as stipulated in the Criminal Law are mainly as follows. a. Crimes endangering public safety: Crimes of serious flight accidents, Crimes of safety accidents in railway operations, Crimes of traffic accidents, Crimes of serious dereliction of duty, Crimes of serious safety accidents in labor environments, Crimes resulting from the misuse of hazardous materials, Crimes of serious safety accidents in construction projects, Crimes of serious safety accidents in educational facilities, Crimes of dereliction of duty in fire protection ； b. Crimes of dereliction of duty: including crimes of abuse of power and crimes of negligence in performing duties ； c. Crime of producing and selling fake or substandard goods: includes the crime of producing and selling fake or substandard goods, as well as those products that do not meet safety standards. d. Crime of serious environmental pollution accidents. Articles 77, 79, 80, 81, 83, 84, 85, 88, 90, 91, and 92 of the Work Safety Law all stipulate the imposition of criminal liability for acts that constitute crimes. The establishment of a crime is a prerequisite for pursuing criminal liability; whether a violation of the Work Safety Law constitutes a crime shall be determined in accordance with the Criminal Law. ②The crime of causing a major liability accident refers to the act of employees in factories, mines, plants, construction enterprises, or other enterprises and institutions, who, by refusing to comply with management requirements, violating rules and regulations, or forcing workers to carry out dangerous tasks in violation of regulations, result in major casualties or other serious consequences. Article 134 of the Criminal Law stipulates that those who commit the crime of major responsibility accidents shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention, or public surveillance ； For cases of particularly severe nature, the penalty is fixed-term imprisonment of not less than 3 years but not more than 7 years. ③The crime of serious labor safety accidents refers to the act in which the labor safety facilities in factories, mines, plants, construction enterprises, or other enterprises and institutions fail to comply with relevant regulations; despite warnings from relevant departments or employees, no measures are taken to address these safety hazards, resulting in serious casualties or other severe consequences. Article 135 of the Criminal Law stipulates that those who are directly responsible shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention; if the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. ④The crime of causing an accident with hazardous materials refers to the act of violating the regulations governing explosive, flammable, radioactive, toxic, or corrosive substances, thereby leading to serious accidents and severe consequences during their production, storage, transportation, or use. Article 136 of the Criminal Law stipulates that those who violate the provisions of this article and thereby cause a major accident with serious consequences shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention ； In cases where the consequences are particularly severe, the penalty is fixed-term imprisonment of not less than 3 years but not more than 7 years. ⑤The crime of serious safety accidents in construction refers to the acts of construction entities, design firms, construction companies, and project supervision agencies that violate relevant regulations by lowering the quality standards of construction projects, thereby causing serious safety accidents. Article 137 of the Criminal Law stipulates that if construction entities, design entities, construction companies, or project supervision entities violate relevant regulations by lowering the quality standards of projects, thereby causing serious safety accidents, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention, and shall also be fined ； In cases where the consequences are particularly severe, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and shall also be fined. ⑥The crime of dereliction of duty refers to the acts of **public officials who, in the course of performing their duties or exercising their powers, neglect their responsibilities, abuse their authority, or act in a corrupt manner, thereby causing significant losses to public property, ** and the interests of the people. Article 397 of the Criminal Law stipulates that: **If a public official abuses his or her powers or fails in his or her duties, thereby causing significant losses to public property, **and the interests of the people, he or she shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention; if the circumstances are especially serious, he or she shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Where otherwise provided by this Law, such provisions shall apply. **If a government official engages in malpractice for personal gain and commits a crime, they shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention ； In cases of particularly serious circumstances, the penalty is fixed-term imprisonment of not less than 5 years but not more than 10 years. Where otherwise provided by this Law, such provisions shall apply. VI. Accident Investigation Report 1. Contents of the Accident Investigation Report The core contents of the accident investigation report should reflect the results of the investigation and analysis of the accident, that is: the entire course of the accident and its causes ； Casualties and economic losses caused by work-related injuries ； The person responsible for the accident and the extent of their liability ； Suggestions on accident handling and preventive measures, etc. Depending on the severity and complexity of an accident, accident investigations are usually divided into specialized investigations and comprehensive investigations. If the accident process and causes are relatively simple and clear, generally only a comprehensive report is required. Otherwise, in addition to a comprehensive report, a specialized analysis report is also required. The content requirements for the comprehensive accident investigation report are shown in Table 20–5. http://www.anquan.com.cn/Manage/UploadFiles_4241/200812/20081222110158125.jpg 2. Requirements for drafting accident investigation reports (1) Accurate investigation and analysis are necessary; understanding exactly how the accident occurred is crucial for analyzing the causes and identifying responsibilities, so it is essential to get the facts right. If no one was present when the death accident occurred, it is difficult to determine the exact cause. To conduct an accurate analysis, it is necessary to consider the process requirements, the deceased’s operating habits, their physical condition, the environmental conditions during operation, the details prior to the accident, and to gather opinions from the employees, before proceeding with analysis and research. When discussing, it can be described in the sequence of events before, during, and after the accident occurred. The people involved in the accident, the objects involved, and the environmental conditions must be clearly explained. (2) The cause analysis should be thorough. Based on the characteristics of the accident, an analysis should be conducted taking into account aspects such as ideology, production, technology, equipment, and management, to determine which are the direct causes, which are the primary causes, and which are the fundamental causes. The analysis must be thorough, facts must be backed by evidence, and the content must be convincing. Lays the foundation for responsibility analysis and the implementation of preventive measures. (3) The responsibility analysis must be clear: based on the known causes, analyze each cause to determine who is responsible. It is generally divided into: direct responsibility, primary responsibility, significant responsibility, and leadership responsibility (including safety education, safety inspections, and inadequate safety measures). Depending on the specific circumstances, responsibility must be assigned to individual persons; for example, if technical safety measures are inadequate, it is the technical responsible personnel who should be held accountable ； “Poor implementation of the \"five simultaneities\" is the responsibility of those in charge of production. If a unit experiences consecutive major casualties, the responsibility of the factory director (manager) must be investigated. Any statements regarding the assumption of responsibility must be based on facts and supported by accurate and reliable evidence. (4) Strict action must be taken against those responsible. For those responsible for accidents, education should be the primary approach; whereas those who violate safety regulations and fail to fulfill their duties, thereby causing serious accidents, must be given administrative sanctions depending on the circumstances. In cases of severe offenses, party discipline and national laws shall be applied. Serious action should be taken in all cases involving the following situations. ①Those in which obvious signs of an accident were detected, but no measures were taken in a timely manner to eliminate the potential hazards, resulting in a serious casualty accident. ②Those who fail to abide by rules and regulations, take the lead in or order illegal operations, resulting in serious casualties. ③Injuries and deaths have already occurred, yet no lessons are learned; preventive measures exist but are not actively implemented, resulting in similar injuries and deaths again. ④Those who frequently violate labor discipline and operating procedures, refuse to correct their behavior despite repeated warnings, thereby causing accidents that result in injuries or deaths to others. ⑤Dismantling safety equipment and safety devices without reason, resulting in serious casualties. ⑥Those who are extremely irresponsible in their work or fail in their duties, resulting in serious accidents. (5) Preventive measures must be specific. Only when the measures to prevent accidents are specific, detailed, and thorough can they be implemented more effectively. Otherwise, the measures cannot be implemented and will turn into empty words and nonsense. Measures to prevent accidents should be formulated based on the vulnerabilities that lead to accidents and the actual weaknesses in overall safety production practices. These measures must be specific, there must be someone responsible for their implementation, deadlines must be set for completion, and it must be clearly stipulated who is responsible for checking the progress of these measures. (6) Signatures of investigation team members: Once the investigation team members reach a consensus or a basic consensus regarding the circumstances of the accident, the analysis of causes, the assessment of responsibilities, the recommendations for handling the situation, and the preventive measures, each member of the team must sign the investigation report. If there are differing opinions, specific reservations can be noted at the time of signing. Upon signing, it is declared that the task of the investigation team has been completed. (7) Thorough discussion of the investigation report: The person in charge of the production and operation unit must thoroughly discuss and examine the investigation report, and should respect the opinions of the investigation team. This is because the members of the investigation team come from various positions and roles, and in particular, they go to the accident site to obtain first-hand information. The person in charge of the production and operation entity shall not arbitrarily modify the report of the investigation team. To enable higher authorities to accurately understand the situation and issue timely approvals, the person in charge of the production and operation unit may submit any objections to the investigation report, along with the report itself when it is submitted. (8) Announcement of investigation and handling results: Investigation reports on accidents involving multiple people or serious injuries shall be approved and implemented by the production and operation entity. In the event of a death accident report, it shall be approved and implemented by the higher-level competent authority. After receiving the decision regarding the handling of the investigation report, each unit shall announce the results of the investigation and handling to the public, educate its employees to learn from the lessons, and earnestly implement the relevant measures. 3. Archiving of investigation reports and accident registration Investigation reports for accidents involving multiple people, serious injuries, or deaths, as well as the decision-making outcomes from higher authorities, on-site investigation materials, technical assessment and test reports, diagnostic conclusions from medical departments regarding the injured and deceased along with their copies, evidence related to physical and verbal witnesses, and examination records of those who were subject to disciplinary action must all be stored separately in the files of the deceased and injured persons and those who were held accountable, to be available for reference at any time. Accidents must also be registered in accordance with the requirements outlined in the form for registering employee injury and death accidents. VII. Accident record-keeping, statistics, and reporting 1. Accident record-keeping The main tasks related to accident record-keeping include collecting, organizing, storing, conducting statistical analysis on accident records, and utilizing them for relevant purposes. The main contents include: ① Employee injury and death accident registration form ； ②Investigation report and approval documents for employee death and serious injury accidents ； ③On-site investigation records, drawings, photos, videos ； ④Technical appraisal and test report ； ⑤Physical evidence and witness materials ； ⑥Materials on direct and indirect economic losses ； ⑦The accident perpetrator’s self-narrative statement ； ⑧Diagnosis certificates for the injured and deceased issued by the medical department ； ⑨Process conditions, operating conditions, and design data at the time of the accident ； ⑩Disciplinary decision and inspection materials of the person subject to discipline ； 11. Notifications, briefings, and documents related to accidents ； 12 List the names, positions, and organizations of the members participating in the accident investigation team. 2. Statistical Analysis Statistical analysis of accidents involves systematically collecting information and data related to accidents, analyzing and inferring the numerical characteristics of such recurring phenomena, so as to identify the patterns associated with them and use this knowledge to guide safe production practices. It is generally believed that statistical analysis of accidents and injuries serves the following purposes: ① Safety indicators can be used to describe the safety status of a production or business unit or department ； ②Understand the trends in injury and accident occurrences through accident trend analysis, and use this as a basis for predicting future injuries and accidents ； ③Primary and secondary analysis are used to determine the scope of the issue, explore the causes of the accident, identify common problems underlying it, and provide a basis for formulating safety measures. 3. Statistics on economic losses from accidents (1) The scope of statistics on economic losses from casualty accidents includes both direct and indirect economic losses. See Table 20—6. http://www.anquan.com.cn/Manage/UploadFiles_4241/200812/20081222110540975.jpg (2) Accident statistics reports: In order to obtain timely, accurate, and comprehensive information on accidents involving employees in production and business units, China has implemented a system for compiling statistics on such accidents; safety supervision and management agencies at all levels are required to collect and submit such data in accordance with relevant regulations. The casualty accident statistics reporting system consists of a total of 13 form numbers, as shown in Table 20–7. http://www.anquan.com.cn/Manage/UploadFiles_4241/200812/20081222110612206.jpg http://www.anquan.com.cn/Manage/UploadFiles_4241/200812/20081222110624328.jpg