Interim Provisions on Procedures for Investigation of Extra Serious Accidents

(Adopted at the 31st Executive Meeting of the State Council on January 3, 1989 and promulgated by Order No. 34 of the State Council on March 29, 1989)

general provisions

Article 1 These Provisions are formulated to ensure the smooth progress of the investigation of particularly serious accidents.
Article 2 The extremely serious accidents mentioned in these Provisions refer to the accidents that cause extremely serious casualties or huge economic losses, as well as the accidents that are extremely serious in nature and have a significant impact.
Article 3 These Provisions shall apply to the investigation of extraordinarily serious accidents (hereinafter referred to as "extraordinarily serious accidents"). Except those already stipulated by national laws and regulations.
Article 4 The investigation of extraordinarily serious accidents must adhere to the principle of seeking truth from facts and respecting science.
Article 5 No unit or individual may illegally interfere in the investigation of extraordinarily serious accidents.

Chapter II On site Protection and Reporting of Extraordinary Accidents

Article 6 After an extraordinarily serious accident occurs, the relevant units in the place where the accident occurred must strictly protect the scene of the accident.
Article 7 After the occurrence of an extraordinarily serious accident, the unit that caused the accident must:
（1） Immediately report the situation of the serious accident to the competent management department at a higher level and the local people's government, and to the competent management department of the State Council and the people's government of the province, autonomous region, or municipality directly under the Central Government where the accident occurs.
（2） The accident report shall be prepared within 24 hours and submitted to the department listed in item (1) of this article.
Article 8 In case of a serious accident involving both military and civilian affairs, the unit that caused the serious accident must immediately report the situation of the serious accident to the local police headquarters or the highest military organ after the accident occurred, and shall write an accident report to the above unit within 24 hours.
Article 9 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the competent administrative department of the State Council shall report to the State Council immediately after receiving a report of a serious accident.
Article 10 A report on an extraordinarily serious accident shall include the following contents:
（1） Time, place and unit of the accident;
（2） A brief description of the accident, the number of casualties, and a preliminary estimate of direct economic losses;
（3） Preliminary judgment of accident causes;
（4） Measures taken after the accident and accident control;
（5） Accident reporting unit.
Article 11 The local people's government of the place where the extraordinarily serious accident occurred receives the report of the extraordinarily serious accident. The public security department, the people's procuratorial organ and the trade union shall be notified immediately.
Article 12 When the public security department in the place where an extraordinarily serious accident occurs learns of the occurrence of an extraordinarily serious accident, it shall immediately send someone to the scene of the accident to be responsible for the protection of the scene of the accident and the collection of evidence.
Article 13 The local people's government of the place where the unit that caused the extraordinarily serious accident is located shall be responsible for organizing the investigation of the scene of the extraordinarily serious accident with the participation of the relevant departments.
Article 14 For reasons such as rescuing personnel, preventing the expansion of the accident and unblocking the traffic, if it is necessary to move the objects on the scene, signs shall be made, a sketch of the scene shall be drawn and written records shall be made, and important traces and physical evidence on the scene shall be properly kept.
Article 15 After the occurrence of an extraordinarily serious accident, the local people's government of the place where the extraordinarily serious accident occurred may, according to actual needs, inform the local garrison of the relevant information about the extraordinarily serious accident, and invite the garrison to participate in the rescue of the accident or provide necessary support.

Chapter III Investigation of Extraordinary Accidents

Article 16 After the occurrence of an extraordinarily serious accident, the people's government of a province, autonomous region, or municipality directly under the Central Government or the centralized administrative department of the State Council shall, according to the affiliation of the unit where the accident occurred, organize and establish an extraordinarily serious accident investigation team to be responsible for the investigation of the extraordinarily serious accident. For a serious accident involving both military and civilian aspects, the unit that organizes the accident investigation shall invite the military to send personnel to participate in the accident investigation.
Article 17 If the State Council considers that an extraordinarily serious accident should be investigated by the State Council, the State Council or a department authorized by the State Council shall organize and establish an extraordinarily serious accident investigation team.
Article 18 The investigation team for an extraordinarily serious accident shall, according to the specific circumstances of the accident, be composed of personnel from the competent administrative department, the public security department, the supervisory department, the comprehensive planning department, the labor department and other units of the unit where the accident occurred, and shall invite the people's procuratorial organ and the trade union to send personnel to participate. The extraordinarily serious accident investigation team may, according to the needs of the investigation, employ personnel from other departments or units to participate in the investigation, and may also employ relevant experts to conduct technical appraisal and property loss assessment. BR>Article 19 Members of the investigation team for serious accidents shall meet the following conditions:
（1） Expertise in one aspect required for accident investigation;
（2） There is no direct interest in the accident.
Article 20 The responsibilities of the investigation organization for extraordinarily serious accidents are as follows:
（1） Find out the cause of the accident, casualties and property losses;
（2） Find out the nature and responsibility of the accident;
（3） Put forward suggestions on accident handling and measures to prevent similar accidents from happening again;
（4） Put forward suggestions on handling the person responsible for the accident;
（5） Check whether the emergency measures for accident control are appropriate and implemented;
（6） Write accident investigation report.
Article 21 The extraordinarily serious accident investigation team shall have the right to learn about the accident and ask for relevant information from the accident unit, relevant departments and relevant personnel, and no unit or individual shall refuse to do so.
Article 22 No unit or individual may obstruct or interfere with the normal work of the accident investigation team.
Article 23 The investigation team for extraordinarily serious accidents shall, after writing the accident investigation report, submit it to the department that organized the investigation. With the consent of the department organizing the investigation, the investigation will be completed.

Chapter IV Penalty Provisions

Article 24 In case of any of the following acts in violation of these Provisions, the investigation team of extraordinarily serious accidents may recommend the relevant departments or units to impose administrative penalties on the relevant personnel; If a crime is constituted, the judicial organ shall investigate the criminal responsibility according to law:
（1） Concealing the occurrence of a serious accident, making a false report or deliberately delaying the reporting period;
（2） Deliberately destroying the scene of the accident;
（3） Obstructing or interfering with the normal conduct of the investigation;
（4） Refusing to accept the inquiry of the investigation team of an extraordinarily serious accident or refusing to provide information and materials related to the accident without justified reasons.
Article 25 Any member of the investigation team of a serious accident who commits one of the following acts shall be subject to administrative punishment by the relevant department; If a crime is constituted, the judicial organ shall investigate the criminal responsibility according to law:
（1） Being irresponsible for the investigation work, resulting in major omissions in the investigation work;
（2） Asking for bribes or taking bribes or covering up the person responsible for the accident takes the opportunity to retaliate.

Chapter V Supplementary Provisions

Article 26 The department that organizes the investigation of an extraordinarily serious accident or the department authorized by it shall be responsible for handling the extraordinarily serious accident; The State Council or a department authorized by the State Council shall be responsible for handling the extraordinarily serious accidents that the State Council considers should be handled by the State Council. The State Council, the Central Military Commission or a department authorized by the State Council or the Central Military Commission shall be responsible for the handling of serious accidents involving both military and civilian parties.
Article 27 The Ministry of Labor shall be responsible for the interpretation of these Provisions.
Article 28 These Provisions shall come into force as of the date of promulgation.