Penalties for safety accidents under the Safety Law
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According to Article 92 of the Work Safety Law, a fine of 30 percent of the individual’s income from the previous year is imposed in the case of a minor accident. What exactly constitutes such a minor accident? If a worker falls from a height but no injuries occur, does this count as an accident? Is a fine also required? If there is a leak in the workshop, and although no injuries occur, raw materials are lost, is a fine still imposed? Incidents like these, although they do not result in any casualties, are still, strictly speaking, safety accidents – should the safety supervision agency impose penalties as well? Do the safety officers of production units also need to report such accidents?
In cases where there are no accidents such as injuries or fires, the matter is generally handled internally by the company, and the workshop will be held accountable for it.
These are all internal company incidents; they have nothing to do with safety laws at all.
A general accident as defined in the Work Safety Law refers to an accident that results in 3 or fewer deaths, 10 or fewer serious injuries, or direct economic losses of less than 10 million yuan. However, what the original poster mentioned does not meet the criteria for penalty under safety regulations in case of an accident.
Isn’t everything clearly specified for this, just as mentioned above? For accidents like the one you mentioned, it’s sufficient for the company to handle the punishment and management internally
In addition to causing trouble for themselves, they also create difficulties for the safety supervision authorities. . :Lol, generally, when it’s handled internally by the company, it’s not reported outside.
Economic losses of less than 10 million yuan certainly include amounts in the thousands or tens of thousands; although there are no deaths or serious injuries, economic losses still occur. Strictly speaking, this can also be considered an industrial safety incident. To what extent should the safety supervision agency intervene? Where is it clearly stated? According to safety laws, everything needs to be regulated; any accident must be reported. If it isn’t reported, both the person responsible for the accident and the person in charge of the organization will be punished. If the officials from the safety supervision agency or other authorities insist on imposing a fine on a particular organization, what are the ways to resolve this situation? Where is the legal principle? Are there any terms specified?
It is undoubtedly a safety accident; whether the conditions for the intervention of the safety supervision agency are met gives that agency considerable discretion – it can decide to impose a penalty or not.
This degree of freedom is way too high; is the safety law also nothing more than a rubber band that allows those in charge of safety to make arbitrary decisions? What if he doesn’t like you and decides to fine you fifty thousand or a hundred thousand just for a small mistake? How can you explain that to him? Isn’t this just an unjust law?
Some friend who knows the law, please explain what exactly should be done? To what extent must a company be before it is required to submit reports? 10 yuan, 100 yuan, 1000 yuan, or 10,000 yuan, or over 100,000 yuan? If a company experiences an safety incident without any casualties but suffers financial losses, if it reports the incident it will still face penalties; if it doesn’t report it, the authorities will find out anyway and impose penalties. Having already suffered financial losses, the company now has to bear additional fines from the authorities, which constitutes an additional form of loss – essentially a secondary accident. But what is the definition of an incident for reporting under the safety law? Which friend knows? This is not meant to create difficulties for officials, but rather to prevent officials from imposing penalties on companies arbitrarily; after reading this safety law carefully, it indeed seems like an unjust law, with too much arbitrariness in it.