企业职工伤亡事故报告和处理规定（2）

　　（1） having expertise² in a certain field necessary for the investigation of the accident； and

　　（2） not having personal interests in the accident.

　　Article 12 The functions of the investigation group are：

　　（1） to ascertain³ the cause and course of the accident and the number of casualties and the state of economic losses；

　　（2） to determine the person responsible for the accident；

　　（3） to make a proposal for handling the accident and taking preventive measures； and

　　（4） to give a investigation report on the accident.

　　Article 13 The investigation group has power to collect information and demand materials relating to the accident from the enterprise suffering the accident and any involved organization and individual who may not refuse to assist.

　　Article 14 If the investigation group disagrees in an alysing the accident and handling the person responsible for the accident upon ascertaining⁴ the facts， the labour department has power to raise a conclusive⁵ opinion. If the disagreement remains⁶， the case shall be referred to the higher labour department for handling in consultation⁷ with relevant departments. Should the departments disagree， the case shall be referred to the people's government at the same level for decision. However， the time limit for handling the accident shall not be exceeded.

　　Article 15 No organization or individual may obstruct⁸ and interfere⁹ in the normal working of the investigation group.

　　Chapter IV Handling of Accidents

　　Article 16 An enterprise suffering an accident and its responsible department shall deal with the proposals made by the investigation group for handling the accident and taking preventive measures.

　　Article 17 Where anyone causes an accident by neglecting production safety， commanding or operating against rules and regulations， neglecting duties or failing to take effective measures upon finding potential dangers of accidents or damages， the department responsible for the enterprise or the enterprise shall， in accordance with the relevant provisions of the state， impose disciplinary sanctions on the enterprise principle and persons directly responsible； if a crime has been constituted， the judicial¹⁰ organs shall investigate for criminal responsibilities.

　　Article 18 Where anyone， in violation¹¹ of these Provisions， conceals¹²， or falsely reports， or deliberately¹³ delays reporting an accident， or deliberately destroys the scene of an accident， or refuses to accept investigation and refuses to provide information and materials relating to an accident without justified¹⁴ reasons， the competent department shall， in accordance with the relevant provisions of the state， impose disciplinary sanctions on principals of involved organizations and persons directly responsible； if a crime has been constituted， the judicial organs shall investigate for criminal responsibilities.

　　Article 19 Where anyone neglects his duties， bends laws for his personal interests， or makes retaliation¹⁵ when investigating and handling a casualty accident， the organization to which he belongs shall， in accordance with the relevant provisions of the state， impose disciplinary sanctions on him； if a crime has been constituted， the judicial organ shall investigate for criminal responsibilities.

　　Article 20 The work for handling a casualty accident shall be closed within 90 days， or 180 days if the circumstances are special. The conclusion shall be published after the closing of handling a casualty accident.

　　Chapter V Supplementary¹⁶ Provisions

　　Article 21 The labour department of the State Council shall， in accordance with the relevant provisions of the state， formulate¹⁷ measures of casualty statistics and report forms in consultation with the statistics department of the State Council.

　　The labour department of the State Council shall， in consultation with the relevant department of the State Council， formulate measures to determine economic losses in casualty accidents and measures to classify accidents.

　　Provisions governing the investigation and handling of casualty accidents in other laws and regulations than these Provisions shall prevail.

　　Article 22 The labour departments shall supervise and inspect the implementation¹⁸ of these Provisions by enterprises.

　　Article 23 In the case of specially¹⁹ serious accidents， relevant provisions of the state shall apply.

　　Article 24 Casualty accidents suffered by state organs， institutions and mass organizations shall be handled with reference to these Provisions.

　　Article 25 The labour department of the State Council shall be responsible for the interpretation²⁰ of these Provisions.

　　Article 26 These Provisions shall enter into force as of May 1， 1991. Procedures for the Report of Casualty Accidents to Workers and Staff promulgated by the State Council in 1956 shall be repealed at the same time