Reward Measures for Reporting on Production Safety

Article 1 In order to strengthen social supervision in the field of work safety, encourage reporting of major safety accidents and illegal violations, promptly discover and eliminate major accident risks, and stop and punish illegal and illegal acts, according to the "People's Republic of China *** and the National Work Safety Law", the "Special Provisions of the State Council on the Prevention of Coal Mine Production Safety Accidents" (State Council Order No. 446) and other laws and administrative regulations, as well as the "State Council Notice on Further Strengthening Enterprise Safety Production Work" (State Council Notice on Further Strengthening Enterprise Safety Production Work) [2010] No. 23) and the "Opinions of the State Council on Adhering to the Scientific Development of Safety and Promoting the Sustained and Stable Improvement of the Safety Production Situation" (Guofa [2011] No. 40), these measures are formulated.

Article 2 These Measures apply to safety production matters involving coal mines, non-coal mines, road transportation, hazardous chemicals, fireworks, metallurgical machinery and other industries and fields.

Article 3 Any unit, organization or individual (hereinafter collectively referred to as the whistleblower) has the right to report to the department responsible for the supervision and management of production safety and other departments responsible for the supervision and management of production safety (hereinafter referred to as the whistleblower) of the people's government at or above the county level (collectively referred to as the safety supervision department)) to report major safety accidents and illegal and illegal acts, which involve major safety accidents and illegal and illegal acts in coal mines, directly to the national coal mine safety supervision agency and its offices in various provinces, autonomous regions, municipalities and coal mining areas. Report to the coal mine safety supervision agency.

Article 4 When conducting reporting and reward activities, the safety supervision department shall follow the principles of convenience for the masses, hierarchical responsibility, and appropriate rewards.

Article 5 The hidden dangers of major safety production accidents as mentioned in these Measures refer to hidden dangers that are harmful and difficult to rectify, and which can only be eliminated after a certain period of rectification and treatment by suspending all or part of the production and operations, or due to The influence of external factors causes hidden dangers that are difficult to eliminate for the production and operation units themselves.

The hidden dangers of major accidents in coal mine production safety shall be determined in accordance with the "Special Provisions of the State Council on the Prevention of Coal Mine Production Safety Accidents" (State Council Order No. 446) and the "Measures for the Identification of Major Safety Production Hazards in Coal Mines (Trial)" (Director of Work Safety) Coal Mine Characteristics [2005] No. 133).

If laws, administrative regulations, and standards related to road traffic and other aspects have other provisions on the hidden dangers of major safety production accidents in this field, those provisions shall prevail.

Article 6: Illegal and illegal acts on production safety as mentioned in these Measures shall be in accordance with the principles stipulated in the "Measures for the Investigation and Punishment of Illegal and Illegal Acts on Work Safety" issued by the State Administration of Work Safety (General Administration of Work Safety [2011] No. 158) For identification, the focus includes the following situations and behaviors:

(1) Engaging in production, operation, and construction activities without a license, incomplete license, or expired license; engaging in production and business activities without authorization or passing the acceptance inspection in accordance with the law; ; those who engage in production, operation, and construction activities without authorization after closure; those who suspend production for rectification, integrate technical reforms, organize production without acceptance, and violate the "Three Simultaneities" regulations on safety facilities in construction projects.

(2) Failure to provide safety production education and training to employees in accordance with the law, or special operations personnel to work without obtaining special operation qualification certificates in accordance with the law; enter into labor contracts with employees to exempt or reduce their rights Employees who are injured or killed due to production safety accidents shall bear the responsibilities according to law.

(3) Contract or lease production and operation projects, sites, and equipment to units or individuals that do not have safety production conditions or corresponding qualifications, or fail to sign a special production safety management agreement with the contracting unit or lessee unit Or fail to clarify their respective safety production management responsibilities in the contract or lease contract, or fail to coordinate and manage the safety production of the contracting or leasing units in a unified manner.

(4) Failure to manage dangerous goods in accordance with regulations or using processes and equipment that endanger production safety that have been eliminated or banned by the state.

(5) Institutions responsible for safety assessment, certification, testing, and inspection issues false certificates.

(6) Concealing or false reporting of production safety accidents or concealing major hidden dangers, or failing to rectify them within the prescribed time limit, or the main person in charge of the production and business unit escaping after a casualty accident.

(7) Other illegal and illegal acts on production safety stipulated in laws, administrative regulations, national or industry standards.

Article 7 If the hidden dangers of major safety accidents and illegal acts reported by the whistleblower are not discovered by the safety supervision department, or are discovered but not handled in accordance with the law in accordance with relevant regulations, and are verified to be true, the whistleblower will be given Cash rewards.

Article 8 Reporting matters should be objective and true, and the whistleblower is responsible for the authenticity of the content of the report. He or she may not fabricate or distort facts, or falsely accuse or frame others.

Reporters can report major safety accidents and illegal activities through the special production safety reporting and complaint hotline "12350", or by letters, emails, faxes, visits, etc.

Article 9 The safety supervision department shall establish and improve the acceptance, verification, processing, coordination, supervision, transfer, reply, statistics and reporting system of reports of major safety accidents and illegal violations, and disclose them to the public. Correspondence address, postal code, email address, fax number and bonus collection method.

Article 10: Report handling work shall follow the following principles:

(1) When investigating and verifying the situation, the original or copy of the reporting materials shall not be produced, and the whistleblower shall not be exposed; except in the investigation work Unless necessary, handwriting identification on handwritten anonymous letters is not allowed.

(2) To publicize reports and reward those who report meritoriously, the name and unit of the whistleblower shall not be disclosed except with the consent of the whistleblower.

(3) Within 10 days after the investigation and verification is completed, unless the whistleblower cannot be contacted, appropriate methods should be used to feedback the verification results to the whistleblower.

Article 11 The verification and handling of reports of potential safety hazards and illegal activities, as well as rewards for whistleblowers, shall be handled in accordance with the following provisions:

(1) Local levels at all levels The safety supervision department of the people's government is responsible for accepting reports within its own administrative region.

(2) The safety supervision departments of local people's governments at or above the districted city level and the relevant national safety supervision departments may directly verify and handle reported matters within their jurisdiction.

(3) National coal mine safety supervision agencies. Coal mine safety supervision agencies located in provinces, autonomous regions, and municipalities directly under the Central Government and branches located in coal mining areas are responsible for reporting matters of various coal mines within their jurisdiction.

(4) The departments responsible for the supervision and management of coal mine production safety and the coal mine safety supervision agencies of the local people's government should communicate with each other before verifying matters reported in coal mines to avoid repeated verification and rewards.

(5) If the reported matter does not fall within the scope of acceptance of the unit, the safety supervision department that receives the report shall inform the whistleblower to report to the unit with the right to handle it, or transfer the reporting materials to the unit with the right to handle it. and take appropriate measures to inform the whistleblower.

(6) The safety supervision department that accepts the report shall promptly verify and handle the reported matters and resolve the matter within 60 days from the date of acceptance; if the situation is complicated, the verification may be appropriately extended with the approval of the higher-level safety supervision department processing time, but the extension period shall not exceed 30 days, and the reporter shall be informed of the reasons for the extension.

Article 12 If the report is found to be true after investigation, the safety supervision department that accepts the report shall give cash rewards to the meritorious real-name whistleblower in accordance with the following provisions:

(1) Reporting on work safety Major accident hazards and illegal production safety violations will be rewarded from 1,000 yuan to 10,000 yuan.

(2) For those who report concealed or lied reports of general accidents, a reward of 3,000 to 5,000 yuan will be given; for those who report concealed or lied reports of major accidents, a reward of 5,000 to 10,000 yuan will be awarded; For major accidents, a reward of 10,000 to 20,000 yuan will be awarded; for reporting concealment or false reporting of particularly major accidents, a reward of 30,000 yuan will be given.

Article 13 If multiple people report the same matter multiple times, the safety supervision department that first accepts the report will give a one-time reward to the meritorious real-name whistleblower.

If multiple people jointly report the same matter, the bonus can be divided equally, and the first signer who reports the report in real name or other signers authorized by the first signer in writing can receive the bonus.

Article 14 After receiving the notification of receiving the prize, the whistleblower shall go to the designated place to collect the prize within 60 days with the whistleblower’s valid certificate; if it is impossible to notify the whistleblower, the safety supervision department that accepts the report may do so within a certain period of time. Announcement within the scope. Those who fail to claim the prize within the time limit will be deemed to have given up their right to receive the prize; if the reasons can be explained, the time for receiving the prize can be extended appropriately.

Article 15 The specific amount of the bonus shall be determined by the safety supervision department responsible for verifying and handling reported matters based on the specific circumstances, and shall be reported to the safety supervision department at the next higher level for record.

Article 16 The bonuses given to whistleblowers shall be included in the financial budget of the same level.

Article 17 The safety supervision department that accepts reports shall protect the legitimate rights and interests of the whistleblower in accordance with the law and keep them confidential. It is strictly prohibited to disclose the name, work unit, home address, etc. of the whistleblower; it is strictly prohibited to disclose or transfer the reporting materials and relevant information of the whistleblower to the unit and person being reported.

Article 18 The State Administration of Work Safety and the Ministry of Finance are responsible for the interpretation of these Measures.

Article 19 These Measures shall come into effect from the date of promulgation. "Notice of the State Administration of Work Safety and the Ministry of Finance on Issuing the "Measures for Rewards for Reporting Major Hidden Safety Hazards and Illegal Acts in Coal Mines (Trial)" issued on September 24, 2005 (Work Safety Supervision and Administration Office Zi [2005] No. 139) Abolished at the same time