What is a Casualty Loss?

The major casualty accident is a concept in the Criminal Law and its judicial interpretation. It is mainly used for the conviction and sentencing of crimes in the field of safe production. According to Articles 134 and 135 of the Criminal Law, "violating the relevant regulations on safety management in production and operations" or "safety production facilities or conditions of safe production do not meet state regulations", and therefore In the event of a serious injury or death, the responsible person will be investigated for criminal responsibility.

Major casualties

Right!

The major casualty accident is a concept in the Criminal Law and its judicial interpretation. It is mainly used for the conviction and sentencing of crimes in the field of safe production. According to Articles 134 and 135 of the Criminal Law, "violating the relevant regulations on safety management in production and operations" or "safety production facilities or conditions of safe production do not comply with national regulations", and therefore In the event of a serious injury or death, the responsible person will be held criminally responsible.

Chinese name

Major casualties

First

Casualties

Article 2

Critical casualty standards

Article 3

text

Casualty accidents refer to the personal injury,

Object Strike, Vehicle Injury, Mechanical Injury, Lifting Injury, Electric Shock, Drowning, Scorching, Fire, Falling from Height, Collapse, Roofing, Water Permeation, Cannon *, Gunpowder Explosion, Gas Explosion, Boiler Explosion, Container Explosion, Other explosions, poisoning and suffocation, and other injuries.

* In the GB6441-1986 standard, it is "shot". "Blasting" has been standardized as "blasting" in "Technical Terms of Coal"

Severe injuries refer to injuries that result in the limbs of employees or serious damage to organs such as vision and hearing, which can generally cause long-term dysfunction of the human body or significant loss of labor capacity. Lost working days equal and exceed 105 days. death.

According to the casualties or direct economic losses caused by production safety accidents (hereinafter referred to as accidents), accidents are generally divided into the following levels:
(1) A particularly serious accident refers to an accident that causes more than 30 deaths, or more than 100 serious injuries (including acute industrial poisoning, the same below), or direct economic losses of more than 100 million yuan;
(2) Major accidents refer to accidents that cause 10 to 30 deaths, or 50 to 100 serious injuries, or direct economic losses of 50 to 100 million yuan;
(3) Major accidents refer to accidents that cause the death of more than 3 people and less than 10 people, or serious injuries of more than 10 people and less than 50 people, or direct economic losses of more than 10 million yuan but less than 50 million yuan;
(4) General accidents refer to accidents that cause deaths of less than 3 people, serious injuries of less than 10 people, or direct economic losses of less than 10 million yuan.

General loss accident. Accidents with economic losses of less than 10,000 yuan.

Large loss accident. An accident with an economic loss of 10,000 yuan or more but less than 100,000 yuan.

Major loss accident. Accidents with an economic loss of 100,000 yuan or more but less than 1 million yuan.

Extraordinary loss accident. Accidents with an economic loss of 1 million yuan or more.

Accident classification criteria and report investigation and treatment

I. Over the years, although there are corresponding accident classification standards in accident reporting and investigation and processing, there has been no clear and unified standard in administrative regulations and it is relatively chaotic. Road traffic, railways, water transportation, special equipment, fire, Different fields and industries such as civil aviation have different classification standards.

2. The classification of accident levels in the regulations is based on the National Overall Public Emergency Plan (published on January 26, 2005), according to the number of casualties caused by the accident or the size of direct economic losses. This is the regulation The new unified provisions on the classification of accidents, and the legal effects of administrative regulations are higher than national standards and industry standards. After the implementation of the regulations, accident reporting, investigation and processing should be carried out in accordance with the accident classification standards specified in the regulations.

3. Due to the characteristics of production safety accidents in various industries and fields, the accident situations are more complicated and the differences are relatively large. It is difficult to use a standard to classify the accident levels of various industries and fields. Some industries and fields have actually implemented Different accident classification standards, such as fire protection, civil aviation, railway and other fields. Therefore, in accordance with the actual situation, Article 3 of the Regulations authorizes the State Council's work safety supervision and administration department to work with relevant departments of the State Council to formulate supplementary regulations for the classification of accidents.

4. Article 45 of the Regulations stipulates that in the case of reports, investigations, and handling of accidents of a major severity below a particularly serious accident, if the relevant laws, administrative regulations, and the State Council provide otherwise, such provisions shall be followed. China's reporting, investigation and handling of road traffic, railway, water transportation, special equipment, fire, civil aviation and other accidents have been stipulated by relevant laws and administrative regulations, such as the Road Traffic Safety Law, the Fire Protection Law, "Regulations on the Management of Maritime Traffic Safety", "Regulations on the Investigation and Handling of Maritime Traffic Accidents", "Regulations on the Management of Inland River Traffic Safety", etc.

For your reference, so it depends on which industry or field your unit belongs to.

2. Is there a standard for the amount of direct economic losses? Do all security incidents need to be implemented in accordance with this regulation? For example: Minor burns of employees can also cause direct economic losses, but they are small. Should they be reported within one hour and fined 100,000 to 200,000?

I. Direct economic loss standards:

According to the Notice of the State Administration of Safety Supervision on Adjusting the Statistical Report on the Dispatching of Production Safety Accidents (An Jian Zong Dispatch [2007] No. 120), the direct economic losses are based on the Statistical Standards for the Economic Loss of Employees' Accidents (GB6721-86) "Direct economic loss" refers to the total of personal injuries and deaths caused by accidents, after-treatment, accident rescue, accident treatment, and the value of property losses caused by accidents in production and business operations.

1. Expenses incurred after personal injury:

Medical expenses (including nursing expenses)

Funeral and pension expenses

Subsidies and relief costs

Salary pay

2.After-treatment costs:

Transactional costs for handling accidents

On-site rescue costs

(3) Cleaning up site costs

3. Property loss value:

Loss value of fixed assets

Loss value of current assets

2. Not all production safety accidents must be implemented in accordance with the regulations. For details, please refer to "I. Criteria for Accident Classification and Report Investigation and Handling".

3. The time limit for reporting production safety accidents. As long as other laws and administrative regulations do not provide, they must report within the specified time limit (1 hour) in accordance with the requirements of the regulations. The production and operation unit reports to the relevant government departments. Note: First, Report to the production safety supervision and management department of the people's government at or above the county level in the place where the accident occurred, and the second is to report to the relevant departments (that is, the competent department in charge of industry) that have the responsibility for supervision and management of safety production.

4. Administrative penalties for fines

The Notice of the State Administration of Safety Supervision on Adjusting the Statistical Report on Production Safety Accidents Dispatch (An Jian Zong Dispatch [2007] No. 120) stipulates the standards for severe injuries and acute industrial poisoning:

Severe injuries-According to the "Classification Standards for Employees' Casualties in Enterprises" (GB6441-86) and "Working Day Standards for Loss of Accident Injuries" (GB / T15499-1995), "severe injuries" refer to the employee's physical disability or serious visual or auditory organs Injuries generally cause long-term dysfunction of the human body, or injuries that result in significant loss of labor capacity. Specifically, it refers to disability injuries with a loss of workdays equal to and exceeding 105 days.

Acute industrial poisoning: Refer to the "Answers to the Statistical Questions and Answers on the Reports of Employees' Casualties in the General Office of the Ministry of Labor" (September 17, 1993). "Acute industrial poisoning" refers to the human body's exposure to industrial poisons and harmful gases prescribed by the state. Inhaling a large amount of industrial toxic substances in a short period of time causes the human body to develop lesions in a short time, resulting in immediate interruption of work. Inpatient treatment was included in the statistics of acute work poisoning accidents.

First, the authority for investigation and handling of minor injuries: According to the provisions of Article 19, paragraph 3 of the Regulations, "General accidents that do not result in personal injury or death, the county-level people's government may also entrust the accident unit to organize an accident investigation team to investigate", specifically referring to only For accidents that caused minor injuries or direct economic losses of less than 10 million yuan, the county-level people's government may entrust the accident unit to conduct an investigation. The accident unit shall organize an accident investigation team as required and report the results of the investigation.

Second, the basis for fines for production safety accidents: According to Article 14 of the "Provisional Regulations on Penalties for Penalties for Production Safety Accidents and Investigation and Handling" (General Administration Decree No. 13), the accident unit caused deaths of less than 3 people, or If there are 3 or more but less than 10 people who are seriously injured (including acute industrial poisoning), or who are directly responsible for an economic loss of 3 to 10 million yuan, they shall be fined 100,000 to 200,000 yuan. It can be considered that there is no administrative penalty for an accident that causes only minor injuries and the direct economic loss is less than 3 million yuan.

3. General accidents refer to accidents that cause the death of less than 3 people, or serious injuries of less than 10 people, or direct economic losses of less than 10 million yuan. "Below": There is no lower limit for the amount included. I don't know how to grasp it?

Direct economic amount lower limit:

According to the "Notice of the State Administration of Safety Supervision on Adjusting the Statistical Report of Production Safety Accident Dispatching