Circular of the Ministry of Finance of the General Administration of National Safety Supervision on the Issuance of Measures for Reporting Rewards in the Field of Work Safety

Safety Supervision General Finance [2018] No. 19

　　Provinces, autonomous regions and municipalities directly under the Central Administration of Work Safety Supervision and Finance Department (Bureau), Xinjiang Production and Construction Corps Administration of Work Safety Supervision and Finance Bureau, and provincial coal mine safety supervision bureaus:

　　The Measures for Reporting Rewards in the Field of Work Safety are hereby issued to you, please follow them.

　　Ministry of Finance, Directorate General of National Safety Supervision　

　　January 4, 2018

Rewards for reporting in the field of work safety

Article 1 In order to further strengthen the social supervision of work safety, encourage the reporting of major accidents and production safety violations, timely detection and elimination of major accidents and hidden dangers, stop and punish violations of the law, according to the "People's Republic of China Work Safety Law" "People's Republic of China Prevention and Control of Occupational Diseases Law" and "the CPC Central Committee and the State Council on the promotion of the reform and development of the field of work safety opinions" and other relevant laws and regulations and other relevant laws and regulations and documents, the formulation of this approach.

Article II of this approach applies to all major hidden accidents and production safety violations of the reported reward.

Other departments with production safety supervision and management responsibilities for the supervision of the industry sector of production safety reporting incentives provided otherwise, in accordance with its provisions.

Article any unit, organization and individual (hereinafter collectively referred to as the whistleblower) has the right to the people's government at or above the county level, production safety supervision and management departments, other departments with production safety supervision and management responsibilities and coal mine safety supervision bodies at all levels (hereinafter collectively referred to as the departments with the responsibility for safety supervision) to report major hidden accidents and production safety violations.

Article IV of the departments responsible for safety supervision to carry out the work of reporting incentives, should follow the "legitimate reporting, appropriate rewards, local management, hierarchical responsibility" and "who accepts, who rewards" principle.

Article 5 of the measures referred to in the major accident hidden danger, refers to the hazards and difficulties in rectification, should be completely or partially shut down, and after a certain period of time rectification and management can be excluded from the hidden danger, or due to the influence of external factors that make it difficult to exclude the hidden danger of the production and management unit itself.

The determination of major hidden accidents in coal mines shall be made in accordance with the provisions of the Determination Standard for Major Production Safety Accident Hazards in Coal Mines (Decree No. 85 of the State Administration of Safety Supervision). Determination of hidden major accidents in other industries and fields shall be made in accordance with the determination standards formulated by the departments responsible for safety supervision and announced to the public.

Article 6 The illegal acts of production safety referred to in these measures shall be determined in accordance with the principles stipulated in the Measures for Investigation and Handling of Illegal and Illegal Acts of Production Safety issued by the State Administration of Safety Supervision (SAFE [2011] No. 158), with emphasis on the following situations and behaviors.

(a) did not obtain the relevant safety production license or incomplete license, expired license, license has not been changed to engage in production and construction activities; not approved or accepted in accordance with the law, without authorization to engage in production and operation activities; closed down and banned and then engaged in production and operation, construction activities without authorization; shutdown and rectification, consolidation and technological transformation of the organization of the production without acceptance and violation of the provisions of the "three simultaneous" of the safety facilities of the construction project. (b) the failure to

(B) not in accordance with the law on production safety education and training of employees, or mines and hazardous chemicals production, operation, storage units, metal smelting, building construction, road traffic and transportation units of the main person in charge and production safety management personnel are not in accordance with the law by the knowledge of production safety and management ability to qualify the examination, or special operators do not obtain the certificate of qualification for special operations in accordance with the law and work; and employees enter into labor contracts, or exemption from the labor contract, or the construction of the construction project, the production of the construction project. Employees to enter into labor contracts, exempt or reduce its employees due to production safety accidents and casualties in accordance with the law should bear the responsibility.

(C) the production and management projects, premises, equipment contracted or leased to do not have the safety conditions or corresponding qualifications (qualifications) of the unit or individual, or not with the contracting unit, the lessee signed a special production safety management agreement, or not in the contract, lease contract to clarify their respective responsibilities for production safety management, or not contracted, the lessee's safety of the unit of unified coordination and management. of.

(d) Failure to manage dangerous goods in accordance with relevant state regulations or use of state-ordered elimination, prohibited processes and equipment that jeopardize production safety.

(e) Issuance of false certificates by organizations undertaking safety evaluation, certification, testing, inspection work and occupational health technical services.

(F) Production safety accident concealment, misreporting and major accidents and hidden dangers concealed, or not according to the prescribed deadline to be remedied, or production and management units, the main person in charge of the casualties in the event of escape and concealment.

(g) Failure to carry out the "three simultaneous" occupational disease protection facilities, or failure to carry out testing and evaluation of occupational disease hazards in accordance with the law.

(H) laws, administrative regulations, national standards or industry standards for other production safety violations.

Article VII whistleblower reported major hidden accidents and production safety violations, belonging to the production and management units and departments responsible for safety supervision did not find, or although found but not dealt with in accordance with relevant provisions of the law, verified to be true, to give the whistleblower a cash reward. Production safety management, supervision, monitoring responsibilities of staff and their close relatives or their authorization of others are not included in the reward.

Article VIII of the whistleblower report should be objective and true, and is responsible for the authenticity of the content of their reports, shall not fabricate, distort the facts, shall not be falsely accused, framed others and enterprises; otherwise, once verified, the whistleblower's legal responsibility shall be investigated.

Whistleblowers can report production safety complaints through the special service telephone "12350", or by letter, e-mail, fax, visit and other ways to report major accidents and production safety violations.

Article IX of the departments with responsibility for safety supervision should be established and improved major hidden accidents and production safety violations reported acceptance, verification, processing, coordination, supervision, referral, response, statistics and reporting system, and to the community to disclose the mailing address, postal code, e-mail address, fax phone and bonus collection methods.

Article 10 verification and handling of major hidden accidents and production safety violations of reported matters, in accordance with the following provisions.

(a) local departments at all levels with responsibility for safety supervision is responsible for accepting the reported matters within the jurisdiction;.

(B) the municipal level above the local people's government has the responsibility for safety supervision, the state has the responsibility for safety supervision departments can be in accordance with their respective responsibilities to directly verify and deal with the jurisdiction of the reported matters; (C) various types of safety supervision departments are responsible for accepting the jurisdiction of the reported matters.

(C) all types of coal mine reports by the area under the jurisdiction of the local coal mine safety supervision departments responsible for verification and handling. Coal mine safety inspection agencies at all levels directly received involving coal mine major accidents and hidden dangers and production safety violations of the report, should be promptly reported to the local government, and cooperate with the local coal mine safety supervision and other departments to verify and deal with;;.

(D) the local people's government coal mine safety supervision departments and coal mine safety supervision agencies in the verification of coal mine reporting matters before, should communicate with each other to avoid duplication of verification and reward;.

(F) accept the report of the department responsible for safety supervision should be timely verification and processing of reported matters, from the date of acceptance within 60 days of completion; complexity of the situation, subject to the approval of the department responsible for safety supervision at a higher level, may be appropriate to extend the time for verification and processing, but the extension period shall not exceed 30 days and inform the informant of the reasons for the extension. Restricted by the means of verification, can not be identified, it should be promptly reported to the relevant local government, which will take the lead in organizing the verification.

Article XI of the investigation is true, accepting reports of departments with safety supervision responsibilities should be in accordance with the following provisions of the meritorious real-name whistleblower cash incentives:.

(a) for reporting major accidents and hidden dangers, illegal production and operation of construction, the amount of reward calculated in accordance with the 15% of the amount of administrative penalties, the minimum award of 3,000 yuan, up to 300,000 yuan. Administrative penalties in accordance with the "Work Safety Law", "Measures for Administrative Penalties for Work Safety Violations", "Work Safety Administrative Penalties Discretionary Standards", "Coal Mine Safety Supervision Administrative Penalties Discretionary Implementation Standards", and other laws, regulations and rules;.

(ii) For those who report concealed or falsely reported accidents, rewards will be given in accordance with the final confirmation of the level of the accident and the number of deaths confirmed and reported as concealed or falsely reported. Among them: general accidents according to the verification of concealment and misreporting of a person reward 30,000 yuan; larger accidents according to the verification of concealment and misreporting of a person reward 40,000 yuan; major accidents according to the verification of concealment and misreporting of a person reward 50,000 yuan; especially major accidents according to the verification of concealment and misreporting of a person reward 60,000 yuan. The maximum reward does not exceed 300,000 yuan.

Article XII of more than one person reporting the same matter, by the first to accept the report of the department responsible for safety supervision to give credit to the real name of the informer of a one-time award.

More than one joint report on the same matter, the first signatory by the real name of the report or the first signatory entrusted in writing by the other signatory to receive the award.

Article XIII of the whistleblower received notice of the award, should be within 60 days of the whistleblower with valid documents to the designated place to receive the award; unable to notify the whistleblower, accepting the report of the department responsible for safety supervision can be announced within a certain range. Failure to collect the prize, as a waiver of the right to claim the prize; can explain the reasons, you can appropriately extend the time to collect.

Article XIV of the specific amount of money by the verification and handling of reported matters responsible for safety supervision of the department responsible for determining the specific circumstances, and reported to the higher level of safety supervision departments for the record.

Article XV of the personnel involved in the processing of reports must strictly abide by the confidentiality discipline, according to the law to protect the legitimate rights and interests of whistleblowers, without the consent of the whistleblower shall not be disclosed in any way the identity of the whistleblower, report the content of the report and rewards and other circumstances, violators shall be held accountable according to law.

Article XVI of the whistleblower bonus into the financial budget at the same level, through existing funding channels, and accept the audit, supervision and other departments of supervision.

Article XVII of this approach by the State Administration of Safety Supervision and the Ministry of Finance is responsible for the interpretation.

Article XVIII of these measures shall come into force on the date of issuance. State Administration of Safety Supervision, Ministry of Finance, "on the issuance of production safety reporting incentives notice" (Safety Supervision General Finance [2012] No. 63) is repealed at the same time. 

First, the scope of reporting incentives has been expanded. On the basis of the original measures identified coal mines, non-coal mines, road traffic, hazardous chemicals, fireworks, metallurgical machinery and other industry sectors, the scope of production safety reporting incentives will be expanded to all industry sectors of major hidden accidents and production safety violations.

Secondly, the reward amount has been increased. Reporting of major accidents and hidden dangers and illegal production and construction behavior by the original method of 1,000 yuan to 10,000 yuan, increased to 3,000 yuan to 300,000 yuan; reporting of concealment and false reporting of accidents by the original method of 3,000 yuan to 30,000 yuan, increased to a maximum of 300,000 yuan.

Third, enhanced the operability of the reward. For reporting major accidents and hidden dangers, illegal production and operation construction, the reward is calculated in accordance with 15% of the amount of administrative penalties; for reporting concealment and false reporting of accidents, the reward is given in accordance with the final confirmation of the level of accidents and the number of deaths of the confirmed report of concealment and false reporting. General accidents, major accidents, major accidents, especially major accidents, respectively, according to the verification of the concealment of false reports of one person reward 30,000 yuan, 40,000 yuan, 50,000 yuan, 60,000 yuan. The maximum reward does not exceed 300,000 yuan.

Whistleblowers can report major accidents and production safety violations through the production safety reporting and complaint special service telephone "12350", or by letter, e-mail, fax, visit and other means.