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Industry Dynamics


Ma'anshan Municipal Market Supervision and Administration Bureau Administrative Punishment Decision (Zhang Benfa failed to perform the safety management duties of special equipment, resulting in a special equipment accident)

Counts:88    Time: 22-08-18    From: Suzhou Teknect Engineering Co., Ltd.

Party: Zhang Benfa

On March 28, 2022, the law enforcement personnel of our bureau received the "Transfer Form of Clues in Special Equipment Cases" [2022] No. 01 of the Mashi Special Supervision Case, and at the same time received the "Ma'anshan Municipal Market Supervision and Administration Bureau's Request for Instructions on Approving< the Investigation Report of the "6.7" Forklift Collision Accident in Ma'anshan City, Anhui Province> (Mashi Supervisor [2021] No. 169), "Investigation Report on the "6.7" Forklift Collision Accident in Ma'anshan City, Anhui Province" Reply of the Ma'anshan Municipal People's Government on agreeing to the investigation report of the "6.7" forklift collision accident in Ma'anshan City, Anhui Province (Ma Zhengbi [2021] No. 121). In the "Accident Investigation Report", it is reflected that at about 8:30 on June 7, 2021, in the finished product warehouse of Anhui Jinxing Titanium Dioxide (Group) Co., Ltd. (hereinafter referred to as Anhui Jinxing Company), the forklift drivers of Ma'anshan Kangteng Labor Service Co., Ltd. (hereinafter referred to as Kangteng Labor Service Company) collided during the process of driving the forklift operation, resulting in Xie being squeezed by the overturned forklift, and died at about 9:22 minutes on the same day after being sent to The Deyi Medical Ma'anshan General Hospital for rescue.

After the investigation of the accident investigation team, it was determined that the secondary reason for the accident was: Anhui Jinxing Company, the forklift property rights unit, did not perform the safety management duties of special equipment:

1. Violating the requirements of Article 37 of the Special Equipment Safety Law of the People's Republic of China, failing to set up a forklift operation safety distance and safety protection measures in the finished product warehouse; Violated the requirements of the "Regulations on the Safety And Technical Supervision of Special Motor Vehicles in the Field (Factory)" (TSG N0001-2017), and did not set up protection facilities, warning signs and speed limit tips for special road conditions with steep and long slopes in the forklift driving route;

2. The safety management of the operators of the labor outsourcing unit and the forklift is not in place, effective measures are not taken to prevent the forklift driver from not wearing a safety helmet, not wearing a seat belt, speeding and other illegal operations, and the safety status of the forklift is not carried out daily inspection.

After the investigation of the accident investigation team, it was determined that the nature of the accident was a "special equipment liability accident", the level of the accident was "general accident", and the direct economic loss caused by the accident was 1.4545 million yuan.

On September 30, 2021, the Ma'anshan Municipal People's Government approved the following reply to our bureau in the "Reply of the Ma'anshan Municipal People's Government on Agreeing to the Investigation Report on the "6.7" Forklift Collision Accident in Ma'anshan City, Anhui Province" (Ma Zhengbi [2021] No. 121): First, agreed to the accident investigation team's analysis of the cause of the accident and the determination of the nature of the accident, and the "6.7" forklift collision accident was a special equipment liability accident. 2. Agree with the accident investigation team's recommendations on the responsibility identification and handling of relevant responsible units and personnel. It is necessary to strictly implement the decision on the handling of relevant responsible units and responsible personnel. Fourth, your bureau should urge all relevant units to implement the requirements of the accident investigation report in accordance with laws and regulations.

Based on the above facts, on April 1, 2022, our bureau opened a case investigation against you. It has been ascertained that your annual income in 2020 totals 102,000 yuan. After investigation, it was confirmed that you had no objection to your own determination of the cause, nature and responsibility of the accident in the "Investigation Report on the "6.7" Forklift Collision Accident in Ma'anshan City, Anhui Province.

On June 9, 2022, our bureau directly served you with the Notice of Administrative Punishment (Mashi Supervision and Punishment Notice [2022] No. 313). You have not exercised your right to make representations, to plead, or to request a hearing within the statutory time limit.

The Bureau determined that on the date of the accident, you were the legal representative of Anhui Jinxing Titanium Dioxide (Group) Co., Ltd., as the main person in charge of the unit using special equipment, failed to perform the safety management duties of special equipment, resulting in a special equipment accident, and the above facts have violated the first paragraph of Article 13 of the Special Equipment Safety Law of the People's Republic of China, "The unit producing, operating and using special equipment and its main responsible person are responsible for the safety of the special equipment they produce, operate and use." ". According to Article 91 (1) of the Special Equipment Safety Law of the People's Republic of China, "if the principal responsible person of the unit responsible for the occurrence of the accident fails to perform his duties or has leadership responsibility in accordance with the law, he shall be fined in accordance with the following provisions; Those who belong to state employees shall be punished in accordance with law: (1) In the event of a general accident, a fine of 30 percent of the annual income of the previous year shall be imposed; ", shall be given administrative punishment in accordance with law.

In view of the fact that the accident caused 1 death, the direct economic loss caused by the accident was 1.4545 million yuan. According to article 64, paragraph 1, item (1) of the Regulations on the Safety Supervision of Special Equipment, "a general accident occurs in any of the following circumstances: (1) a special equipment accident causes the death of less than 3 people, or serious injuries to less than 10 people, or direct economic losses of 10,000 yuan to 10 million yuan; "The accident is a general accident of special equipment.

In summary, you have not performed the safety management duties of special equipment, resulting in a special equipment accident, which violates the provisions of the first paragraph of Article 13 of the Special Equipment Safety Law of the People's Republic of China, and in accordance with the provisions of Article 91 (1) of the Special Equipment Safety Law of the People's Republic of China, it has been decided to impose a fine of 30,600 yuan on you.

The parties concerned shall, within 15 days from the date of receipt of this administrative punishment decision, pay the fine to the Ma'anshan Municipal Non-tax Revenue Management Center (issue a notice of payment to the Unified Public Payment Platform of Anhui Province to the Financial Office of the Ma'anshan Municipal Market Supervision Comprehensive Administrative Law Enforcement Detachment). If the fine is not paid when due, in accordance with the provisions of Article 72 of the Administrative Punishment Law of the People's Republic of China, the Bureau will impose a fine of 3% of the amount of the fine every day and apply to the people's court for compulsory enforcement in accordance with law.

If the parties concerned are dissatisfied with this administrative punishment decision, they may apply for administrative reconsideration to the Anhui Provincial Market Supervision and Administration Bureau or the Ma'anshan Municipal People's Government within 60 days of receiving this administrative punishment decision; It is also possible to file an administrative lawsuit with the Yushan District People's Court of Ma'anshan City within six months in accordance with law. During the period of applying for administrative reconsideration or initiating an administrative lawsuit, the enforcement of the administrative punishment shall not be stopped.

  

Ma'anshan Municipal Market Supervision and Administration Bureau

July 21, 2022