Accident case analysis: one question per Monday (8). +3 wealth for participation, plus an additional 1–10 wealth for correct answers

Thread Content

This post was last edited by wang*nhua77020 on 2016-6-25 at 13:08. At 15:20 on November 15, 2013, an earth collapse occurred at the construction site of station XX on Metro Line 2 in City J (where open-cut excavation work was being carried out). This caused the construction area, measuring about 100 meters in length and 50 meters in width, to collapse. The embankment on the west side of the construction site sank by around 6 meters, knocking down all the retaining walls used in construction. Water pipes and sewage pipes were broken, resulting in the release of large amounts of sewage. Meanwhile, water from the river on the east side along with silt flowed into the area affected by the collapse, causing it to be gradually flooded with mud and water. The accident caused 11 cars traveling there to sink (2 people in the cars suffered minor injuries, while the rest were able to escape safely), while 17 construction workers died and 4 were missing. Despite the intensive search efforts by the rescue team, no survivors were found. According to preliminary investigations, the construction unit for the section at station XX of Line 2 is a certain Metro Group Co., Ltd.; the design unit is a certain Urban Construction Design and Research Institute; the construction contractor is the Fourth Bureau of a certain Joint Stock Company; and the supervision unit is a certain Project Supervision and Consulting Company. 　Based on the above scenario, answer the following questions (multiple-choice). 1 According to the Provisions on the Reporting, Investigation, and Handling of Production Safety Accidents (Decree No. 493 of the State Council), what is the level of this accident? (　　) View Material A. Extraordinarily serious accident B. Serious accident C. Relatively serious accident D. Ordinary accident E. Accident resulting in serious injuries 2 According to the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents (Decree No. 493 of the State Council), which entity is responsible for investigating this accident? View materials: A. Provincial people’s **; B. People’s ** at the city level with districts; C. Work safety supervision and management departments at the city level with districts; D. County-level people’s **; E. Work safety supervision and management departments at the county level. 3 If the unit where the accident occurred is responsible for the accident, or if the person in charge fails to fulfill his/her duties related to work safety as required by law, then which of the following penalties is appropriate? ( ) View materials: A. Impose a fine of between 500,000 yuan and 2 million yuan on the unit responsible for the accident; B. Impose a fine of between 1 million yuan and 5 million yuan on the unit responsible for the accident; C. Impose a fine equal to 40% of the principal responsible person’s annual income from the previous year; D. Impose a fine equal to 60% of the principal responsible person’s annual income from the previous year; E. Impose a fine equal to 80% of the principal responsible person’s annual income from the previous year. Answer: B, D. 4. According to the Regulations on the Reporting, Investigation, and Handling of Production Safety Accidents (Decree No. 493 of the State Council), the legal nature of an accident investigation team is characterized by “four attributes”, which include ( ). View materials 5. The \"Regulations on the Reporting, Investigation, and Handling of Production Safety Accidents\" (State Council Order No. 493) stipulate that if the unit where the accident occurred and its relevant personnel engage in any of the following behaviors, a fine of between 1 million yuan and 5 million yuan shall be imposed on the said unit; the main responsible persons, those in charge who are directly responsible, and other persons directly liable shall be fined 60% to 100% of their annual income from the previous year. If they are government employees, they shall be given disciplinary action in accordance with the law; if their actions constitute violations of public order regulations, the public security authorities shall impose corresponding penalties in accordance with the law; if crimes are involved, criminal liability shall be pursued in accordance with the law. View materials: A. Those who misreport or conceal accidents; B. Those who fabricate evidence or deliberately damage the accident scene; C. Those who offer bribes to investigators; D. Those who refuse to cooperate with the investigation or refuse to provide relevant information and materials; E. Those who give false testimony during the accident investigation or instigate others to do so. 1 According to the Provisions on the Reporting, Investigation, and Handling of Production Safety Accidents (Decree No. 493 of the State Council), the level of this accident is (B). Refer to Material A. A. Extraordinarily serious accidents; B. Serious accidents; C. Relatively serious accidents; D. Ordinary accidents; E. Accidents resulting in serious injuries. The Regulations on the Reporting, Investigation, and Handling of Production Safety Accidents (State Council Order No. 493) classify ordinary production safety accidents into the following four levels: (1) Extraordinarily serious accidents refer to those that result in 30 or more deaths, or 100 or more people suffering serious injuries (including acute industrial poisoning, the same hereinafter), or direct economic losses of over 100 million yuan. 　　(2) A major accident refers to an accident that results in 10 to 30 deaths, or 50 to 100 serious injuries, or direct economic losses ranging from 50 million yuan to 100 million yuan. 　　(3) A major accident refers to an accident that results in the death of 3 or more but less than 10 people, or serious injuries to 10 or more but less than 50 people, or direct economic losses of between 10 million yuan and 50 million yuan. 　　(4) A general accident 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. 　　In the provisions above, “above” includes the specified number, while “below” does not include it. 　　This accident resulted in 2 people suffering minor injuries, 17 deaths, and 4 people missing, classifying it as a major accident. 　　2 According to the Provisions on the Reporting, Investigation, and Handling of Production Safety Accidents (Decree No. 493 of the State Council), the investigation of this accident should be carried out by (　A　). View materials: A. Provincial people’s **; B. People’s ** at the city level with districts; C. Work safety supervision and management departments at the city level with districts; D. County-level people’s **; E. Work safety supervision and management departments at the county level. The Regulations on the Reporting, Investigation, and Handling of Production Safety Accidents (State Council Order No. 493) stipulate the following regarding the direct organization of accident investigations by the relevant people’s **: (1) Extraordinarily serious accidents are investigated by an accident investigation team organized by the State Council. 　　(2) Major accidents are investigated by an accident investigation team directly organized by the provincial people’s ** in the location where the accident occurred. Provincial people’s **refers to the people’s ** of provinces, autonomous regions, and municipalities directly under the Central Government. 　　(3) For major accidents, the people’s ** government at the city level where the accident occurred shall directly organize an accident investigation team to conduct the investigation. The people’s **congresses at the city level with districts also include the regional administrative offices and the people’s **congresses of the autonomous regions and leagues in ethnic autonomous areas. 　　(4) For ordinary accidents, the county-level people’s ** at the location of the accident directly organizes an accident investigation team to conduct the investigation. In cases where no casualties occur, the county-level people’s government may also delegate the entity at which the accident took place to organize an accident investigation team to conduct the investigation. The people’s congresses at the county level also include those of county-level cities and the autonomous counties in ethnic autonomous areas. 　　3 If the entity responsible for the accident is at fault, or if the person in charge fails to fulfill their duties related to safety management as required by law, then the correct penalties are (　BD　). View materials: A. Impose a fine of not less than 500,000 yuan but not more than 2 million yuan on the unit responsible for the accident. B. Impose a fine of not less than 1 million yuan but not more than 5 million yuan on the unit responsible for the accident. C. Impose a fine equal to 40% of the principal responsible person’s annual income from the previous year. D. Impose a fine equal to 60% of the principal responsible person’s annual income from the previous year. E. Impose a fine equal to 80% of the principal responsible person’s annual income from the previous year. In accordance with Article 37 of the Regulations on the Reporting, Investigation, and Handling of Production Safety Accidents (Decree No. 493 of the State Council), if the unit responsible for the accident is at fault, a fine shall be imposed in accordance with the following provisions: (1) In the case of a minor accident, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed. 　　(2) In the event of a major accident, a fine of not less than 200,000 yuan but not more than 500,000 yuan shall be imposed. 　　(3) In the event of a major accident, a fine of not less than 500,000 yuan but not more than 2 million yuan shall be imposed. 　　(4) In the event of a particularly serious accident, a fine of not less than 2 million yuan but not more than 5 million yuan shall be imposed. 　　In accordance with Article 38 of the Regulations on the Reporting, Investigation, and Handling of Production Safety Accidents (Decree No. 493 of the State Council), if the person in charge of the entity where the accident occurred fails to fulfill his or her duties related to production safety management as required by law, thereby causing the accident, a fine shall be imposed in accordance with the following provisions; if such person is a **government employee, disciplinary action shall be taken in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law: (1) In the case of an ordinary accident, a fine of 30% of the person’s annual income from the previous year shall be imposed. 　　(2) In the event of a major accident, a fine of 40% of the annual income of the previous year shall be imposed. 　　(3) In the event of a major accident, a fine of 60% of the annual income of the previous year shall be imposed. 　　(4) In the event of a particularly serious accident, a fine of 80% of the annual income of the previous year shall be imposed. 　　4 According to the Provisions on the Reporting, Investigation, and Handling of Production Safety Accidents (Decree No. 493 of the State Council), the legal nature of an accident investigation team is characterized by \"four attributes\", including (ABCD). 　　A. Legality B. Temporariness C. Professionalism D. Constructiveness E. Comprehensiveness The legal attributes of an accident investigation team are reflected in the \"four characteristics\": first, legality; second, temporariness; third, professionalism; and fourth, constructiveness. 　　5. The Regulations on the Reporting, Investigation and Handling of Production Safety Accidents (Decree No. 493 of the State Council) stipulate that if the unit where the accident occurs and its relevant personnel engage in the following (　ABDE　) behaviors, a fine of not less than 1 million yuan but not more than 5 million yuan shall be imposed on the said unit; fines of 60% to 100% of their annual income from the previous year shall be imposed on the principal responsible persons, the directly responsible supervisors, and other directly responsible persons; if they are **government employees, disciplinary action shall be taken in accordance with the law; if such behaviors constitute violations of public security regulations, the public security authorities shall impose corresponding penalties in accordance with the law; if crimes are involved, criminal liability shall be pursued in accordance with the law. View materials: A. Those who falsely report or conceal an accident; B. Those who fabricate evidence or deliberately damage the accident scene; C. Those who offer bribes to investigators; D. Those who refuse to undergo investigation or refuse to provide relevant information and materials; E. Those who give false testimony during the accident investigation or instigate others to do so. In accordance with the “Regulations on the Reporting, Investigation, and Handling of Production Safety Accidents” (State Council Order No. 493), if the unit where the accident occurred and its relevant personnel engage in any of the following acts, a fine of between 1 million yuan and 5 million yuan shall be imposed on the unit responsible for the accident; fines of 60% to 100% of their annual income from the previous year shall be imposed on the principal responsible persons, the directly responsible supervisors, and other directly responsible individuals. If they are government employees, they shall be given disciplinary action in accordance with the law; if their actions constitute violations of public order regulations, the public security authorities shall impose corresponding penalties in accordance with the law; if crimes are involved, criminal liability shall be pursued in accordance with the law: (1) Those who falsely report or conceal an accident. 　　(2) Those who forge or deliberately damage the accident scene. (3) Those who transfer or conceal funds and property, or destroy relevant evidence and materials. 　　(4) Those who refuse to undergo an investigation or refuse to provide relevant information and materials. 　　(5) Those who give false testimony in an accident investigation or instigate others to do so. 　　(6) Those who fled after the accident.