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The following is an introduction to the principles of accident investigation and handling, including the following steps. The people at all levels and their departments responsible for the supervision and management of production safety have accumulated rich practical experience in the investigation and handling of accidents, and have summarized and formed the "four don't let go."
Principle. Work Safety Law
It is stipulated that the principle of seeking truth from facts and respecting science shall be adhered to in the investigation and handling of accidents.
Accident investigation is a serious work, we must respect the facts, respect the scientific attitude of the accident process, the accident and economic losses, the cause of the accident, the nature of the accident, the responsibility of the accident to carry out a comprehensive, in-depth and complete and accurate investigation, collect evidence materials, remove the false and retain the true, and draw a true and scientific accident investigation conclusion.
The provisions of the Regulations on the principles of accident investigation and handling are reflected in the following four aspects:
1。Timely and accurately find out the accident process, the cause of the accident and the accident loss. The accident investigation work must be "fast" and "accurate," otherwise the best opportunity and favorable conditions for investigation and evidence collection will be lost.
The situation at the scene of the accident, the parties involved and the relevant evidence are very important to find out the accident process, the cause of the accident and the accident loss. Therefore, the accident investigation must be timely, thorough and meticulous investigation and evidence collection, and first-hand materials must be obtained. On this basis, it is necessary to sort out and analyze, verify the solid evidence, and find out the overall picture of the accident, so as to provide a reliable basis for determining the nature of the accident and determining the responsibility for the accident.
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The principles that should be followed in the investigation and handling of accidents are:
First, the principle of seeking truth from facts. That is, it is necessary to proceed from reality, and on the basis of in-depth investigation, observe and truthfully find out the truth of the accident.
2. Respect the principles of science. That is, on the basis of science, we should do more technical analysis and research, and give full play to the role of experts and technicians to find out the cause of the accident.
In addition, 1 adhere to the principle of step-by-step reporting and hierarchical investigation and handling.
2. Adhere to the principle of seeking truth from facts and respecting science.
3. Adhere to the principles of fairness, openness, and timely reporting.
4. Adhere to the principle of "four don't let go".
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The principles of investigation and handling of production safety accidents are scientific and rigorous, in accordance with laws and regulations, seeking truth from facts, and paying attention to practical results. Promptly and accurately find out the cause of the accident, find out the nature and responsibility of the accident, summarize the lessons of the accident, put forward corrective measures, and put forward suggestions for dealing with those responsible for the accident
Article 83 of the Work Safety Law of the People's Republic of China:
The investigation and handling of the accident shall be in accordance with the principles of scientific rigor, compliance with laws and regulations, seeking truth from facts, and attaching importance to practical results, promptly and accurately ascertain the cause of the accident, ascertain the nature and responsibility of the accident, summarize the lessons of the accident, put forward corrective measures, and put forward handling opinions to those responsible for the accident. The accident investigation report shall be released to the public in a timely manner in accordance with law. The specific measures for the investigation and handling of the accident shall be formulated by ***.
The unit where the accident occurred shall promptly and comprehensively implement the rectification measures, and the department responsible for the supervision and management of production safety shall strengthen supervision and inspection.
Characteristics of work safety accidents
1. The specificity of the subject of the accident: it is limited to the accident that occurs in the production and business operation activities of the production and business operation unit. Units engaged in production and business activities mainly include companies, enterprises, partners, self-employed individuals and other production and business units in the field of industry, mining, commerce and trade.
2. Extensibility of the accident area: the geographical scope of the occurrence of production safety accidents is not fixed, but it is limited to a limited range.
3. The destructiveness of the accident: the production safety accident has caused certain damage to the personnel or the production and business operation unit, caused the personnel (including acute poisoning) or caused direct economic losses to the production and business operation unit, affected the normal development of production and business operation activities, and had a serious impact.
4. The suddenness of accidents: production safety accidents occur suddenly in a short period of time, which is different from other damage events that occur under the long-term influence of certain hazardous factors, such as occupational diseases.
5. Negligence of accidents: production safety accidents are mainly accidents caused by human negligence, which are essentially different from disasters caused by force majeure such as floods and debris flows, such as production safety accidents caused by illegal operations and risky operations.
The occurrence of production safety accidents caused by poor working environment and hidden dangers of equipment should also be classified as negligent behavior, which is the negligent behavior of the responsible personnel of the production and business operation unit in the safety production management of the unit, and did not immediately correct and eliminate the bad operating factors, and allowed the undesirable factors to continue to exist resulting in accidents.
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Accident investigation shall be in accordance with the principles of scientific rigor, compliance with laws and regulations, seeking truth from facts, and attaching importance to practical results.
Accident investigation refers to the process of careful inspection after the accident, determining the cause, clarifying the responsibility, and taking measures to avoid the recurrence of the accident, which is the accident investigation.
Article 83 of the Work Safety Law stipulates that the investigation and handling of accidents shall be in accordance with the principles of scientific rigor, compliance with laws and regulations, seeking truth from facts, and attaching importance to practical results, promptly and accurately ascertain the cause of the accident, ascertain the nature and responsibility of the accident, summarize the lessons of the accident, put forward rectification measures, and put forward suggestions for dealing with those responsible for the accident. The accident investigation report shall be released to the public in a timely manner in accordance with law.
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Accident investigation refers to the careful inspection after the accident occurs, determines the cause, clarifies the responsibility, and takes measures to avoid the recurrence of the accident, which is the process of accident investigation.
It should be in accordance with the principles of scientific rigor, following laws and regulations, seeking truth from facts, and attaching importance to practical results.
Article 83 of the Work Safety Law stipulates that the investigation and handling of accidents shall be in accordance with the principles of scientific rigor, compliance with laws and regulations, seeking truth from facts, and attaching importance to practical results, promptly and accurately ascertain the cause of the accident, ascertain the nature and responsibility of the accident, summarize the lessons of the accident, put forward rectification measures, and put forward suggestions for dealing with those responsible for the accident. The accident investigation report shall be released to the public in a timely manner in accordance with law.
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Legal analysis: The principle of accident investigation and handling is to follow laws and regulations, seek truth from facts, and pay attention to practical results.
Legal basis: "Work Safety Law of the People's Republic of China" Article 83 The investigation and handling of accidents shall be in accordance with the principles of scientific rigor, compliance with laws and regulations, seeking truth from facts, and attaching importance to practical results, promptly and accurately ascertain the cause of the accident, ascertain the nature and responsibility of the accident, summarize the lessons of the accident, put forward corrective measures, and put forward opinions on the handling of those responsible for the accident. The accident investigation report shall be released to the public in a timely manner in accordance with law.
The specific measures for the investigation and handling of the accident shall be formulated by ***.
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Legal Analysis: The basic principles of accident investigation are seeking truth from facts and respecting science.
Legal basis: Article 4 of the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents Accident reports shall be timely, accurate and complete, and no unit or individual shall delay, omit, falsely report or conceal the accident. The investigation and handling of accidents shall adhere to the principle of seeking truth from facts and respecting science, promptly and accurately find out the course of the accident, the cause of the accident and the losses caused by the accident, ascertain the nature of the accident, determine the responsibility for the accident, sum up the lessons of the accident, put forward rectification measures, and investigate the responsibility of those responsible for the accident in accordance with law.
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Legal analysis: The investigation and handling of accidents shall adhere to the principles of scientific rigor, compliance with laws and regulations, seeking truth from facts, and attaching importance to practical results.
Legal basis: Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China Article 99 Anyone who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ: 1. Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or driving a motor vehicle during the period when the motor vehicle driver's license has been suspended; 2. Handing over a motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained; 3. Fleeing after causing a traffic accident, which does not constitute a crime; 4. The motor vehicle exceeds the speed limit by 50%; 5. Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, and requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime; 6. Forcibly passing in violation of traffic control regulations and not listening to dissuasion; 7. Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime; 8. Illegally intercepting or detaining motor vehicles, and not listening to dissuasion, causing serious traffic jams or large property losses.
Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances of items 1, 3, or 5 through 8, they may be detained concurrently for up to 15 days.
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