Regulations on Reporting and Investigating Special Equipment Accidents

(Promulgated by Order No. 50 of the State Administration for Market Regulation on January 20, 2022, effective from March 1, 2022)

Chapter 1 General Provisions

Article 1 In order to standardize the reporting and investigation of special equipment accidents, timely and accurately identify the causes of accidents, clarify accident responsibilities, and prevent and reduce accidents, this regulation is formulated in accordance with relevant laws and administrative regulations such as the Special Equipment Safety Law of the People's Republic of China and the Regulations on Special Equipment Safety Supervision.

Article 2: The special equipment accidents referred to in these regulations refer to the accidents caused by the damage or failure of the special equipment listed in the special equipment catalog, its safety devices or accessories, or the violation of special equipment laws, regulations, safety technical specifications by special equipment related personnel.

Article 3: The following situations do not belong to the special equipment accidents referred to in these regulations:

（1） Accidents caused by special equipment as stipulated in Article 100 of the Special Equipment Safety Law of the People's Republic of China;

（2） Accidents caused by force majeure such as natural disasters or external factors such as traffic accidents and fire accidents;

（3） Accidents caused by human sabotage or the use of special equipment to commit illegal activities;

（4） Accidents that occur before special equipment has the function of use or during non operational states such as disassembly, scrapping, and transfer;

（5） Accidents caused by improper or missing labor protection measures among special equipment operators, inspectors, and inspectors;

（6） Accidents caused by specialized motor vehicles driving out of designated areas such as factory areas, tourist attractions, and amusement parks.

Article 4: The State Administration for Market Regulation is responsible for supervising and guiding the reporting, investigation, and handling of special equipment accidents nationwide.

Market supervision and management departments at all levels, under the leadership of the local people's government and the guidance of higher-level market supervision and management departments, shall carry out special equipment accident reporting, investigation, and handling work in accordance with the law.

Article 5: Special equipment accident reports shall be timely, accurate, and complete. No unit or individual shall delay, miss, lie or conceal the report.

The investigation and handling of special equipment accidents should be truthful, objective and fair, respect science, timely and accurately investigate the accident process, causes and losses, determine the nature of the accident, determine the responsibility of the accident, propose handling suggestions and rectification measures.

Article 6: No unit or individual shall obstruct or interfere with the reporting, investigation, and handling of special equipment accidents.

Any unit or individual has the right to report illegal acts in the reporting, investigation, and handling of special equipment accidents to the market supervision and management department and other relevant departments. The department that receives the report shall handle it in a timely manner in accordance with the law.

Chapter 2 Accident Report

Article 7: After a special equipment accident occurs, the relevant personnel at the accident site shall immediately report to the person in charge of the accident unit; After receiving the report, the person in charge of the unit where the accident occurred shall report to the market supervision and management department at or above the county level and relevant departments in the place where the accident occurred within 1 hour.

In case of emergency, relevant personnel at the scene of the accident can directly report to the market supervision and management department at or above the county level where the accident occurred.

Article 8: After receiving reports of special equipment accidents, the market supervision and management department shall immediately organize investigations and verifications. If it belongs to a special equipment accident, it should be reported to the local people's government and reported to the higher-level market supervision and management department, up to the State Administration for Market Regulation. The reporting time for each level shall not exceed 2 hours. If necessary, the accident situation can be reported at a higher level.

For general accidents and major accidents, the market supervision and management department that receives the accident report shall promptly notify the relevant departments at the same level. For major accidents and particularly serious accidents, the State Administration for Market Regulation shall immediately report to the State Council and promptly notify relevant departments of the State Council.

If the place where the accident occurred is not in the same administrative area as the place where the accident occurred, the market supervision and management department of the place where the accident occurred shall promptly notify the market supervision and management department of the place where the accident occurred. The market supervision and management department of the location where the accident occurred shall cooperate in carrying out the relevant work of accident investigation and handling.

Article 9: The market supervision and management department shall report accident information level by level using fast and convenient communication methods, and at the same time, report it through the special equipment accident management system. If it is not possible to report the accident through the special equipment accident management system on site, a supplementary report should be made through the system within 24 hours after receiving the accident report.

Article 10: An accident report shall include the following content:

（1） The time, location, unit overview, and type of special equipment of the accident;

（2） The brief process of the accident, the on-site damage situation, the casualties and number of people involved that have already been or may be caused, and the preliminary estimated direct economic losses;

（3） Measures already taken;

（4） Name and contact phone number of the reporter;

（5） Other situations that need to be reported.

Article 11: If new situations arise after the accident report, as well as if the situation has not been reported clearly, it shall be promptly reported level by level.

If there is a change in the number of casualties within 30 days from the date of the accident, the report should be promptly renewed within 24 hours of the change.

Article 12: After receiving an accident report, the county-level market supervision and management department in the place where the accident occurred shall promptly dispatch personnel to the scene of the accident, and actively organize emergency rescue work under the leadership of the local people's government in accordance with the division of labor in the special equipment emergency plan.

When the superior market supervision and management department deems it necessary, personnel can be dispatched to the accident site for guidance. The market supervision and management department at or above the county level in the place where the accident occurred should actively cooperate.

Article 13: Market supervision and management departments at all levels shall, in accordance with the law, organize the formulation of emergency plans for special equipment accidents, establish an emergency duty system, and publish duty telephone numbers to the society, receiving information on special equipment accident reports.

Chapter 3 Accident Investigation

Article 14: After a special equipment accident occurs, the accident unit and its personnel shall properly protect the accident scene and relevant evidence, collect and organize relevant information in a timely manner, and prepare for the accident investigation; When necessary, equipment, site, and data should be sealed and managed by a dedicated person.

Article 15: The investigation of special equipment accidents shall be carried out in accordance with the relevant provisions of special equipment safety laws and administrative regulations, and shall be subject to graded responsibility.

After receiving the accident report, the market supervision and management department shall make a preliminary on-site judgment and, due to objective reasons, it is temporarily impossible to determine whether it is a special equipment accident. It shall promptly report to the local people's government and carry out relevant work in accordance with the opinions of the local people's government.

Article 16: For special equipment accidents that occur across regions, have complex accident investigation and handling situations, receive public attention and strong public feedback, the higher-level market supervision and management department may supervise the accident investigation and, if necessary, directly conduct the investigation.

If there is a change in the accident level within 30 days from the date of the accident, and the accident investigation should be organized by the higher-level market supervision and management department in accordance with the law, the higher-level market supervision and management department may, in conjunction with relevant departments at the same level, conduct the accident investigation, or, with the approval of the people's government at the same level, entrust the lower level market supervision and management department to continue organizing the accident investigation.

If the number of casualties or direct economic losses caused by the accident changes more than 30 days from the date of the accident, the accident investigation shall be organized according to the original accident level.

Article 17: For general and major accidents involving special equipment with no significant social impact, no fatalities, and clear causes of accidents, the market supervision and management department responsible for organizing accident investigations may independently carry out accident investigation work after obtaining approval from the local people's government. When necessary, with the approval of the local people's government, lower level market supervision and management departments may be entrusted to organize accident investigations.

Article 18: The market supervision and administration department responsible for organizing accident investigations shall apply to the local people's government for approval to establish an accident investigation team.

According to the specific situation of the accident, the accident investigation team should generally be composed of the market supervision and management department in conjunction with relevant departments.

The leader of the accident investigation team shall be the person in charge of the market supervision and management department responsible for the accident investigation or a designated person.

Article 19: The accident investigation team shall fulfill the following responsibilities:

（1） Identify the condition of special equipment prior to the accident;

（2） Identify the accident process, casualties, damage to special equipment, direct economic losses, and other consequences;

（3） Analyze the cause of the accident;

（4） Determine the nature and responsibility of the accident;

（5） Propose handling suggestions for the responsible units and personnel involved in the accident;

（6） Summarize the lessons learned from the accident, propose suggestions for preventing similar accidents from occurring and implementing corrective measures;

（7） Submit accident investigation report;

（8） Organize and transfer relevant accident investigation materials.

Article 20: The members of the accident investigation team shall possess the knowledge and expertise required for the investigation of special equipment accidents, and shall not have direct interests with the accident unit or relevant personnel.

Members of the accident investigation team shall obey the leadership of the investigation team leader, correctly perform their duties in the accident investigation work, be honest and impartial, abide by the discipline of the accident investigation team, and shall not disclose relevant accident investigation information.

Article 21: According to the needs of accident investigation work, the accident investigation team may hire relevant experts to participate in the accident investigation; The hired experts should have relevant work experience in special equipment safety supervision and management, production, inspection and testing, or scientific research and teaching. Market supervision and management departments at or above the city level with districts may establish a special equipment accident investigation expert database according to the needs of accident investigation work.

Article 22: The accident investigation team has the right to inquire about the situation related to the accident from relevant units and individuals, and request them to provide relevant documents and materials. Relevant units and individuals shall not refuse and shall be responsible for the authenticity of the information, documents, and materials provided.

The person in charge and relevant personnel of the unit where the accident occurred shall not leave their duties without authorization during the accident investigation period, and shall accept inquiries from the accident investigation team at any time.

Article 23: The accident investigation team shall strictly carry out relevant work such as accident site protection, investigation, inquiry, and investigation and evidence collection in accordance with the law.

During the accident investigation period, without the consent of the accident investigation team, no unit or individual shall move accident related equipment without authorization, conceal or destroy relevant information and items, and forge or intentionally damage the accident scene.

Article 24: If technical appraisal is required in accident investigation, the accident investigation team shall entrust relevant units to conduct technical appraisal. The commissioned unit shall issue a technical appraisal report and be responsible for its conclusions.

Article 25: If the accident investigation team deems it necessary to conduct a direct economic loss assessment of special equipment accidents, it may entrust an assessment institution established in accordance with the law to conduct it. The entrusted evaluation institution shall issue an evaluation report and be responsible for its conclusions.

Article 26: The accident investigation team shall, on the basis of comprehensive examination of evidence, identify the cause of the accident and determine the nature of the accident.

Article 27: The accident investigation team shall determine the responsibility for the accident based on the main and secondary causes of the accident.

The accident investigation team should determine the responsibility of the responsible unit and personnel based on the causal relationship between their behavior and the occurrence and consequences of special equipment accidents, as well as the degree of impact in special equipment accidents. The responsibilities of the responsible unit and personnel are divided into full responsibility, primary responsibility, and secondary responsibility.

If the responsible unit or person forges or intentionally damages the accident scene, destroys, forges or conceals evidence, conceals or falsely reports the accident, etc., resulting in the inability to determine the responsibility for the accident, they shall bear full responsibility.

Article 28: The accident investigation team shall submit an accident investigation report to the market supervision and management department that organizes the accident investigation. The accident investigation report should include the following content:

（1） The situation of the accident unit and the equipment involved in the accident;

（2） The process of the accident and the rescue situation;

（3） The degree of casualties, equipment damage, and direct economic losses caused by accidents;

（4） The cause and nature of the accident;

（5） Identification of accident liability and suggestions for handling accident responsible units and personnel;

（6） Accident prevention and rectification measures;

（7） Technical appraisal reports and other relevant evidence materials.

The accident investigation report shall be collectively reviewed by the accident investigation team and signed by all members of the accident investigation team. If members of the accident investigation team have different opinions, they can submit written materials with their personal signature, which should be attached to the accident investigation report.

Article 29: The market supervision and management department responsible for organizing accident investigations shall conduct a complete review of accident investigation reports and materials in accordance with prescribed procedures. If necessary, a request for additional investigation can be made to the accident investigation team.

Article 30: The investigation of special equipment accidents shall be completed within 60 days from the date of the establishment of the accident investigation team. In special circumstances, with the approval of the market supervision and management department that organizes the investigation, the accident investigation period may be appropriately extended, but the longest extension period shall not exceed 60 days.

The time for economic loss assessment and technical appraisal is not included in the accident investigation period.

If it is not possible to conduct an accident site investigation, the accident investigation period shall be calculated from the date when the on-site investigation conditions are met.

Chapter 4 Accident Handling

Article 31: After the accident investigation is completed, the market supervision and management department that organizes the accident investigation shall submit the accident investigation report to the local people's government for approval and report it to the higher-level market supervision and management department for filing.

Article 32: The market supervision and management department responsible for organizing accident investigations shall, within 15 days from the date of receiving the approval, deliver the accident investigation report and approval opinions to the relevant local people's government and relevant departments, and copy the accident occurring unit, responsible unit, and responsible personnel.

Article 33: The market supervision and administration department and relevant departments shall, based on the approved accident investigation report, impose administrative penalties on the relevant units and personnel responsible for the accident in accordance with legal authority and procedures, and impose penalties on the public officials responsible for the accident.

If the market supervision and management department and its staff engage in disciplinary and illegal activities in the investigation and handling of special equipment accidents, the disciplinary inspection and supervision organs shall impose disciplinary and administrative sanctions in accordance with the law.

Those suspected of committing crimes shall be transferred to supervisory and judicial organs for processing in accordance with the law.

Article 34: The unit where the accident occurred and the unit responsible for the accident shall implement accident prevention and rectification measures. The implementation of prevention and rectification measures should be subject to the supervision of trade unions and employees.

The responsible unit for the accident shall promptly report the implementation of prevention and rectification measures to the municipal market supervision and management department in the place where the accident occurred.

Article 35: The investigation and handling of accidents shall be made public to the public by the market supervision and management department that organizes the investigation in accordance with the relevant provisions of the Regulations of the People's Republic of China on Government Information Disclosure.

Article 36: The relevant materials of accident investigation shall be archived and preserved by the market supervision and management department that organizes the accident investigation.

The archived materials include on-site survey records, technical appraisal reports, accident investigation reports, accident approval documents, etc.

Article 37: The market supervision and administration department responsible for organizing accident investigations shall, within 30 days from the date of receiving the approval of the accident investigation report, report the accident investigation report and the approval opinions to the State Administration for Market Regulation level by level.

Article 38: The market supervision and management department responsible for organizing accident investigations shall promptly report to the higher-level market supervision and management department any relevant laws, regulations, safety technical specifications, and standards that need to be formulated or revised discovered during the accident investigation, and propose suggestions for formulation or revision.

Article 39: Market supervision and management departments at all levels shall regularly conduct statistical analysis on the situation, characteristics, and causes of special equipment accidents in their respective administrative regions. Based on the management and technical characteristics of special equipment and the situation of accidents, targeted work measures shall be studied and formulated to prevent and reduce the occurrence of similar accidents.

Chapter 5 Supplementary Provisions

Article 40: The specific work related to accident reporting, investigation coordination, statistical analysis, and submission mentioned in these regulations shall be the responsibility of the market supervision and management department responsible for organizing accident investigations, or may be entrusted to relevant special equipment accident investigation and handling institutions.

Article 41: For other safety accidents related to special equipment, if the relevant people's government designates the market supervision and management department to organize accident investigations, these regulations may be referred to.

Article 42: These regulations shall come into effect on March 1, 2022. The Regulations on Reporting and Investigating Special Equipment Accidents, promulgated by the former General Administration of Quality Supervision, Inspection and Quarantine Order No. 115 on July 3, 2009, are simultaneously abolished.