Article 1 In order to effectively prevent the occurrence of safety accidents, investigate the administrative responsibility for major safety accidents, ensure the safety of people's lives and property, and maintain social stability, the Law of the People's Republic of China on Work Safety, the Law of the People's Republic of China on Administrative Supervision, the Regulations of the State Council on Reporting, Investigation and Handling of Work Safety Accidents and other relevant laws and regulations are formulated in light of the actual situation of this Municipality. Article 2 These Measures shall apply to the investigation of administrative responsibility for major safety accidents and dereliction of duty and dereliction of duty in safety precautions within the administrative area of this Municipality. Article 3 The term "major safety accidents" as mentioned in these Measures refers to accidents that cause more than three deaths and less than ten deaths, or serious injuries (including acute industrial poisoning) of more than ten people and less than fifty people, or direct economic losses of more than ten million yuan and less than fifty million yuan.
the "above" mentioned in the preceding paragraph includes this number, and the "below" does not include this number. Article 4 The municipal, district (county) supervisory organs shall, in accordance with the provisions of administrative supervision laws and regulations, supervise the administrative organs and their staff in performing their duties of safety supervision and management.
the municipal, district (county) safety production supervision and management departments shall carry out comprehensive supervision and management of safety production within their respective administrative areas, and assist the supervisory organs to do a good job in investigating the administrative responsibility for major safety accidents. Article 5 The persons who shall be investigated for administrative responsibility for major safety accidents include:
(1) leaders of people's governments of districts (counties), people's governments of towns (street offices) (hereinafter referred to as governments at all levels) and relevant industrial park management institutions;
(2) leaders of various departments of the municipal, district (county) people's governments, institutions that exercise administrative functions, organizations that manage public affairs, and other units (hereinafter referred to as government departments) appointed and recruited by state administrative organs;
(3) Other national staff with safety management responsibilities. Sixth safety supervision and management, the implementation of "territorial management" and "who permits, who is responsible", "who is in charge, who is responsible" principle.
the main leaders of governments at all levels and relevant government departments or the administrative leaders who are in charge of overall work are the first responsible persons for production safety, and take overall leadership responsibility for production safety in their own regions, systems and departments (or within the scope of their duties). Leaders of governments at all levels and government departments in charge of various business work are directly responsible for production safety within the scope of business work, and bear direct leadership responsibility for production safety involved in business work. Article 7 If the main leaders of governments at all levels and government departments or the administrative leaders who preside over the overall work have dereliction of duty or leadership responsibilities in the prevention and occurrence of the following major safety accidents in accordance with the provisions of laws, regulations and these Measures, they shall be given administrative sanctions in accordance with the provisions of these Measures; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) a serious fire accident;
(2) major traffic accidents;
(3) major construction quality and safety accidents;
(4) Major safety accidents involving civil explosives and dangerous chemicals;
(5) major safety accidents in mines;
(6) major safety accidents of special equipment;
(7) Other major safety accidents.
the leaders in charge, the directly responsible persons in charge and other directly responsible personnel who are responsible for the prevention and occurrence of major safety accidents by governments at all levels and government departments shall be given administrative sanctions according to these measures; If a crime is constituted, criminal responsibility shall be investigated according to law.
the criminal punishment, administrative punishment and civil liability of the units and individuals involved in major safety accidents shall be implemented in accordance with the provisions of relevant laws, regulations and rules. Article 8 governments at all levels shall, in accordance with the provisions of relevant laws, regulations and rules, perform the following duties:
(1) to implement laws, regulations, rules, guidelines and policies on safety in production, incorporate safety in production into the national economic and social development plan, establish and improve the leadership system on safety in production, and improve the supervision and administrative law enforcement agencies on safety in production. The main leaders of the government or the entrusted leaders in charge of the government shall preside over at least one work conference on preventing safety accidents every quarter, and the main leaders of the government or the entrusted leaders in charge of the government shall lead the team to supervise the work of preventing safety accidents in their respective jurisdictions at least twice a year.
(2) increase the investment of special funds for safety production, and include the special funds for safety production in the annual budget of the government at the corresponding level to ensure the expenses of supervision and management of safety production.
(3) fully implement the responsibility system for production safety, establish and improve the target management system for production safety, clarify the responsibilities of leaders and relevant staff of governments at all levels and relevant government departments, and conduct an annual assessment of the responsibility system for production safety for those responsible for production safety as an important part of assessing the achievements of relevant leaders.
(4) Establish and improve the emergency rescue system for production safety, formulate and implement the emergency rescue plan for local safety accidents, and report it to the people's government at the next higher level for the record according to regulations; The district (county) people's government shall establish a professional rescue team; The people's governments of towns (street offices) shall establish full-time fire fighting teams in accordance with the regulations.
(5) Establish a three-level safety production information management network at city, district (county) and town (street), and improve the system of reporting, handling and monitoring potential safety accidents.
(6) Establish a safety inspection system, organize relevant departments to conduct strict management and key inspection of units, places, equipment and facilities prone to safety accidents in this area according to their respective responsibilities, and submit the investigation and rectification status of major accident hidden dangers to the safety production supervision and management department at the next higher level every month; Establish a town (street) safety inspection system and improve the safety inspection record filing system; Establish safety production management data of enterprises in this area, and urge enterprises to implement the safety production file system.
(7) After receiving a report of a major safety accident, the government where the accident occurred shall truthfully report the accident to the government at the next higher level and relevant departments, and shall not conceal it, make a false report or report it late; The main leaders of the local government should immediately rush to the scene to organize emergency rescue and deal with the aftermath, and organize or assist in the investigation and handling according to their duties and powers.
the relevant industrial park management institutions shall, in accordance with the relevant laws, regulations and rules and the requirements of the Municipal People's Government, perform the duties of supervision and management of production safety and prevent the occurrence of safety accidents.