工伤事故 安全事故 最近,我们一家顾问单位,因为员工发生工伤事故,没有同安监部门报告,事情过去半年后,仍然导致被安监部门进行调查。因此就该问题,我们进行了法律检索,并电话咨询了深圳市,区,街道三级安监机构,明确了以下事实: Recently, one of our clients missed a report to the Safety Supervision Department after an industrial act, and despite the fact that the accident occurred over six months ago it is still being investigated by the Government Work Safety Bureau. In order to help with this problem, we have done extensive legal research, and repeatedly consulted with the city, district, and Sub-district level three Safety Supervision Department of Shenzhen by telephone. We have now confirmed the following facts: 1、这类事情适用的法律规定是国务院493号令《生产安全事故报告和调查处理条例》。条例全文内容可在以下网址浏览打印 。 The legal regulations regarding this matter can be found in Order No. 493 of the State Council 2、发生工伤后需要通知安监局,深圳市的做法是,如果是死亡事故,需要向区安监分局报告,如果是受伤事故,则需要向所属街道办安监办报告,报告的形式没有强制要求,打电话告诉一声即可。 If an industrial accident has occurred, it must be reported to the Safety Supervision Department in time. The typical practice in Shenzhen is this: if the accident is a fatality, the accident needs to be reported to the Shenzhen Work Safety Bureau district branch; if the accident is a common injury, it needs to be reported to the work safety office of the Sub-district where the factory is located. The report does not have a mandatory form requirement, calling is also accepted. 3、特别注意:根据493号令第35条,如果有迟报或漏报行为的,对主要负责人处以上一年度收入40%至80%的罚款。此次安监部门调查,即同该顾问单位提出该罚款要求。 Special note: according to Article 35 of Order No. 493, if the report is delayed or missed, the principal responsible person will be liable to a fine of 40%-80% on the basis of his/her previous year's income. In the investigation into our client, the Safety Supervision Department claimed this fine. 签于此次教训,特提醒我们的各位顾问客户,发生工伤事故后,需要及时通报给相关区或街道办的安监部门。并可同时告知我们,以便我们更详细研究法律风险,提供法律建议。 As for the lesson, we hereby advise to all of our valuable clients: after an industrial accident has occurred, please report to the related district or sub-district Work Safety Bureau in a timely manner, and also let us know. This way, we can study the legal risk and provide legal advice in a more detailed manner.(文章来源:互联网) |