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企业职工伤亡事故报告和处理规定(1)

分类: 法律英语 
 

国务院令第75号
(Promulgated by Decree No. 75 of the State Council of the People's Republic of China on February 22, 1991 and effective as of May 1, 1991)
颁布日期:19910222  实施日期:19910501  颁布单位:国务院

Chapter I General Provisions

Article 1 These Provisions are enacted for the purposes of promptly reporting, counting, investigating and handling casualty accidents to enterprises employees, actively taking preventive measures and forestalling casualty accidents.

Article 2 These Provisions apply to all enterprises within the territory of the People's Republic of China.

Article 3 “Casualty accidents” used in these Provisions refers to accidents of personal injury and acute poisoning to enterprises employees occurring in the process of labour.

Article 4 The principles of realism and scientism shall be maintained in reporting, counting, investigating and handling casualty accidents.

Chapter II Report of Accidents

Article 5 The injured or other involved persons on the scene of a casualty accident shall, upon the occurrence of the accident, immediately report to the enterprise principal directly or level by level.

Article 6 An enterprise principal shall, upon the receipt of a report on a serious injury, death or heavy death accident, immediately report to the department responsible for the enterprise, the labour department, the public security authority, the people's procuratorate and the trade union in the place where the enterprise is located.

Article 7 The department responsible for the enterprise and the labour department shall, upon the receipt of a report on a death or heavy death accident, immediately report to higher departments level by level according to their respective administrative relationship; a death accident shall be reported to the provincial, autonomous regional or municipal level and a heavy death accident to the competent department and the labour department of the State Council.

Article 8 An enterprise suffering a death or heavy death accident shall keep the scene of the accident and shall promptly take necessary measures in saving persons and property and avoiding the extension of the accident.

Chapter III Investigation of Accidents

Article 9 An enterprise principal or his authorized person shall organize an investigation group which is composed of personnel in charge of production, technology and safety and the trade union members to investigate a slight or serious injury accident.

Article 10 The department responsible for the enterprise shall consult with the labour department, the public security authority and the trade union at the level of districted city (or at the level equivalent to a districted city) in the place where the enterprise is located to form an investigation group to investigate a death accident.

The department responsible for the enterprise at the provincial, autonomous regional or municipal level or the competent department of the State Council shall, according to the administrative relationship to the enterprise, consult with the labour department, the public security authority, the administrative supervision department and the trade union at the same level to form an investigation group to investigate a heavy death accident.

The investigation groups mentioned in the preceding two paragraphs shall invite the people's procurator its to join in, and may also invite other departments and relevant experts to join in

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