What do you think of the accident investigation report that it can be exempted from liability according to law？

Not long ago, the Emergency Management Bureau of Ezhou City, Hubei Province published an investigation report on a major lifting injury accident. The investigation report suggests that the unit that fails to fulfill the main responsibility of safety production should be held accountable, and at the same time, it is determined that the engineering construction unit has fulfilled the main responsibility of safety production according to law, so it is exempt from punishment. The basis for determining that the unit performs the main responsibility of safety production is described in detail.

In the accident investigation report, there are many cases that clearly put forward the suggestion of accountability, but few cases clearly put forward the responsibility of the main body of production safety according to law, so this case is called a typical case of "due diligence and exemption" by many netizens.

Investigation report on "12 8" heavy lifting accident of urban complex project in gedian Economic and Technological Development Zone, Ezhou City

At about 12: 15 on December 8, 2021, during the jack-up operation of the No.4 tower crane in Building C1 of the urban complex of gedian Economic and Technological Development Zone (hereinafter referred to as the "urban complex") in Ezhou City, a serious lifting accident occurred, resulting in three deaths and one injury, with a direct economic loss of 3.648 million yuan.

After the accident, the main leaders of Ezhou Municipal Party Committee and Municipal Government, Hubei Provincial Emergency Management Department and Provincial Department of Housing and Urban-Rural Development attached great importance to it and immediately launched the emergency plan for production safety accidents in Ezhou City. Sun Bing, secretary of the Municipal Party Committee, and Chen Ping, mayor, made important instructions at the first time, demanding that they do their best to treat the injured and deal with the aftermath of the deceased, draw lessons from the accident, and resolutely put an end to similar accidents; Quickly find out the cause of the accident and investigate the responsibility of the accident according to the law and regulations. Subsequently, Sun Bing, secretary of the Municipal Party Committee, Chen Ping, mayor, Yu Ke, member of the Standing Committee of the Municipal Party Committee and deputy mayor, and Jiang Feilun, deputy mayor, led the principals of the municipal emergency management bureau, the municipal housing and urban-rural development bureau, the municipal market supervision administration and other relevant departments to rush to the scene to organize rescue. The director of the provincial emergency management department assigned a working group to rush to the scene of the accident to coordinate and guide the accident investigation. Zhang Wentong, director of the Provincial Housing and Construction Department, rushed to the scene of the accident to learn about the accident and guide the rescue work.

On December 9th, with the approval of the municipal government, Cao Hui, deputy secretary general of the municipal government, was established as the team leader, with the supervision committee of the Municipal Commission for Discipline Inspection, the Municipal Procuratorate, the Municipal Federation of Trade Unions, the Municipal Public Security Bureau, the Municipal Emergency Bureau, and the Municipal Federation of Trade Unions. The accident investigation team hired five experts to participate in the accident technical investigation.

According to the principles of "four no-misses" and "scientific rigor, compliance with laws and regulations, seeking truth from facts and paying attention to practical results", the accident investigation team found out the course and cause of the accident, casualties and property losses, identified the nature and responsibility of the accident, and put forward suggestions for dealing with the responsible units and personnel. In view of the outstanding problems exposed by the accident, some suggestions on accident prevention measures are put forward.

The accident investigation team determined that the "12.8" lifting injury accident in plot C of the urban complex project in gedian Economic and Technological Development Zone, Ezhou City was a major production safety accident.

I. Basic information

(a) the relevant units

1. Tower crane installation unit: Wuhan Suyuan Machinery and Equipment Leasing Co., Ltd. (hereinafter referred to as "Suyuan Company"). Enterprise type: limited liability company (invested or controlled by natural person), established on July 8, 2004, located at Room 20, 10th Floor, Unit 1, Hankou East Shopping Park, Aerospace Xingdu, No.2159 Jiefang Avenue, Jiang ‘an District, Wuhan, with legal representative Han Aiping, unified social credit code 91420102764603258U, and business license issued by Wuhan Jiang ‘an District Administrative Examination and Approval Bureau on April 12, 2021.

On November 5, 2019, the Provincial Department of Housing and Urban-Rural Development issued a safety production license,No.: (e) JZ Anxu Zhengzi [2016] 013731. The permitted scope: building construction, valid from November 5, 2019 to November 5, 2022.

On April 12, 2021, the Provincial Department of Housing and Urban-Rural Development issued the qualification certificate for construction enterprises, with the certificate number of D242029108, valid until June 30, 2022, and the qualification category and grade: Grade I for professional contracting of lifting equipment installation engineering.

On January 10, 2021, China Resources Construction Co., Ltd. (hereinafter referred to as "Huajian Company"), the general contractor of the project, signed a sub-contract for tower crane leasing for the first phase of BC plot of urban complex project with Suyuan Company responsible for the installation, disassembly, operation and maintenance of the tower crane, with a contract amount of RMB 4,920,260.

2. Supervision unit: Wuhan Civil Engineering Construction Supervision Co., Ltd. (hereinafter referred to as "Civil Supervision Company"). Type of enterprise: limited liability company (natural person investment or holding), established on March 7, 2002, located at No.1, Floor 5, Building A, Wangjiadun Advertising Project at the intersection of Changqing Road and Houxiang North Road, Jianghan District, Wuhan City, with legal representative Wei Wenfeng, registered capital of RMB 3,002,000 Yuan only, and unified social credit code of 91420103000398719, which was approved by Jianghan District of Wuhan City on June 28, 2021. Technical consultation of construction engineering; Construction equipment installation (projects with special provisions of the state can only be operated after examination and approval or with valid licenses) has a long-term business term, with 54 registered supervision engineers, 5 first-class registered construction engineers and 2 registered cost engineers.

On June 24, 2019, the Ministry of Housing and Urban-Rural Development of the People’s Republic of China issued the project supervision qualification certificate, the certificate number is E142003831-4/2, and the qualification grade is Grade A for housing construction supervision and Grade A for municipal public works supervision, valid until June 24, 2024.

On August 30, 2020, Ezhou Runzhi Real Estate Development Co., Ltd. (hereinafter referred to as "Runzhi Company"), an engineering construction unit, signed a construction project supervision contract (direct contracting) with the civil supervision company, which was responsible for checking the safety, quality and progress of the project construction.

In October, 2021, the company appointed Lei Xiaolin as the chief supervision engineer of plot C of urban complex construction, responsible for the daily work of the project, Li Shaoping as the professional supervision engineer and Lu Kai as the safety officer.

3. Construction unit: Huajian Company. Type of enterprise: Limited liability company (sole proprietorship), established on January 20th, 2001, located at Room 407, Floor 4, China Resources Building, No.8 Jianguomen North Street, Dongcheng District, Beijing, with legal representative Yan Xianjun, registered capital of 1.2 billion yuan, unified social credit code of 9111017109278399, and business license issued by Beijing Dongcheng District Market Supervision Administration on December 1st, 2020. Business scope:

On December 1, 2020, the Beijing Municipal Commission of Housing and Urban-Rural Development issued a safety production license,No.: (J) JZ Anxu Zhengzi [2020] 012625. The permitted scope: construction, valid from July 1, 2020 to June 30, 2023.

On December 8, 2020, the Ministry of Housing and Urban-Rural Development of the People’s Republic of China issued the qualification certificate for construction enterprises, the certificate number is D111004849, and the qualification grades are: first-class general contracting for construction projects, first-class general contracting for municipal public works and first-class general contracting for electromechanical projects, and the validity period is until December 31, 2021.

On January 5, 2021, Runzhi Company and Huajian Company signed a construction contract (direct contract), and Huajian Company was responsible for the general contracting construction of the project. In the construction contract of the construction project, both parties agreed on the rights and obligations of safety production management.

4. Labor unit: Wuhan Anxin Changyuan Labor Service Co., Ltd. (hereinafter referred to as Anxin Labor Service Company). Address: Room 3, Floor 3, Unit 1, Office Building 1, Block 16, Vanke Golden City, No.4 Baishasi Road, Hongshan District. Legal Representative: Zhu Laishan. Business scope: subcontracting of construction services, housing construction projects, etc. Safety production licenseNo.: (E) JZ Anxu Zhengzi [2018] 023921, valid until June 15, 2024.

Suyuan Company has a labor dispatch relationship with Anxin Labor Service Company. On January 3, 2020, Suyuan Company signed a labor dispatch contract and a safety responsibility agreement with Anxin Labor Service Company. The safety responsibility agreement stipulates that Suyuan Company shall bear the safety responsibility of Anxin Labor Service Company in the whole operation process of tower crane and construction elevator installation, operation and maintenance.

5. Project construction unit: Runzhi Company. Enterprise type: limited liability company (wholly owned by a foreign legal person) was established on October 22, 2020, located at Room 207, Floor 2, Building B-IIId, No.1 Industrial Zone, gedian Development Zone, Ezhou City, with a registered capital of RMB 550 million only and a unified social credit code of 91420700MA49L6G214. On October 22, 2020, Ezhou Municipal Market Supervision Administration issued a business license. Scope: real estate development and sales. Real estate development and sales. Housing lease; Advertising design, production and release; Design and construction of indoor and outdoor decoration engineering; Hotel management, etc., the business period is long-term.

On January 14th, 2021, Runzhi Company obtained the project registration certificate of urban complex plot C (code: 2101-420796-89-01-239711), the Construction Land Planning Permit (D.Zi. No.4207032021005) on January 20th, and the Construction Project Planning Permit (January 26th)

(II) Basic information of the C1# building involved in the accident project

The urban complex plot C project is located in the south of Gaoxin Avenue and on both sides of Chuangye Avenue in gedian Development Zone. The construction scale of the project is 44,900 ㎡. The project consists of three high-rise buildings (numbered C1, C2 and C3), with 29 floors above ground, a total height of 85.9m, 1 underground floor and an area of 10,800 ㎡. The height of residential buildings is 2.9m, and the height of some commercial buildings ranges from 5.6 to 6.7m. CFG is used for the foundation treatment of C1-C3 main building, and the buried depth of the foundation is about 6m. The garage foundation is independent foundation+waterproof board. The accident happened in C1# building.

The project started construction on February 9, 2021. Before the accident, the main structures of the three buildings were all constructed to the 26th floor. On November 29, 2021, a site observation meeting on the quality and safety of the BC plot was held.

This project is equipped with two Zoomlion QTZ80(TC5613-6) tower cranes, including 4# tower crane (accident tower crane) installed in C1# building and 5# tower crane installed in C3# building.

(III) Accident 4# tower crane and its installation

The accident tower crane is the No.4 tower crane installed in the south side of Building C1. The equipment model is QTZ80(TC5613-6) (hereinafter referred to as "TC5613"), and the manufacturer is Changsha Zhonglian Heavy Industry Technology Development Co., Ltd. (hereinafter referred to as "Zoomlion"). The factory date is June 18, 2018, and the factory number is 1802TC01802868. It was filed on June 20, 2018. The property right unit is Chongqing Suhuayuan Machinery and Equipment Leasing Co., Ltd., and the registration certificate number is Chongqing JL-T03838. The filing authority is Chongqing Jiulongpo District Housing and Urban-Rural Development Committee. On January 25, 2021, the property right was changed to Chengdu Branch of Wuhan Suyuan Machinery and Equipment Leasing Co., Ltd., and the registration certificate number was Chuan AC-T-2101-36185. The registration authority was Chengdu jinniu district Construction Engineering Quality and Safety Supervision Station.

The installation of No.4 tower crane in C1# building began in February, and it was tested by Zhongan Testing Center Hubei Co., Ltd. on March 2, 2021. The inspection report number was B-TW20210007, and it was accepted on March 6, 2021 and registered for use on March 19, 2021. The registration number of construction hoisting machinery and equipment is Sichuan AC-T-2101-36185 (valid from March 19, 2021 to March 1, 2022), and the registration date is March 19, 2021. The registration authority is Ezhou Housing and Urban-Rural Development Bureau.

Before the incident, the 4# tower crane of C1# building was lifted and jointed for 8 times and attached for 5 times, namely, lifted on June 4, 2021, lifted on July 19, 2021, lifted and attached on August 2, 2021, lifted and attached on September 5, 2021, lifted and attached on October 6, 2021, lifted and attached on October 31, 2021.

(four) the relevant contractors to fulfill the main responsibility of production safety.

1. Suyuan Company: the installation unit of tower crane, with corresponding qualification for installation and jacking. On December 8, 2021, Peng Zhichun, the safety administrator of Suyuan Company, commanded illegally and operated the 4# tower crane without a license. Han Xinguo, the dismantling worker of Suyuan Company, operated illegally and operated the 5# tower crane without a license.

2. Civil supervision company: the engineering supervision unit. On December 8, 2021, the company arranged for supervisor Lu Kai to supervise the jacking operation of No.4 tower crane in urban complex plot C. At about 11: 30 that day, the jacking operator of No.4 tower crane was still working, and Lu Kai left the construction site without confirmation and on-site verification by the jacking operator, and did not implement the whole process.

3. Huajian Company: the project construction unit (general contractor) failed to set warning area and obvious warning signs on the lifting operation site of No.4 tower crane on December 8, 2021; Failing to report the accident to the local emergency department as required after reporting the accident to the district quality supervision station.

4. Anxin Labor Service Company: the engineering labor dispatching unit. On December 8, 2021, the laborers Long Xingchun, Wan Cheng and Wang Jianhong who were working on the 4# tower crane refused to obey the illegal command according to the relevant regulations, and stopped and reported Peng Zhichun’s illegal operation and risky operation in time.

5. Runzhi Company: the project construction unit. Before the project started, the company applied for and obtained the Construction Project Planning Permit and the Construction Project Construction Permit according to law, and awarded the construction project to Huajian Company with corresponding construction qualification and safe production conditions. The two sides signed a safety production agreement, and the contractor shall be responsible for the production safety accidents caused by the contractor.

The company has established the Urban Complex Project Department, which is equipped with the project general manager, project manager, electromechanical manager, civil engineering manager, etc. who are responsible for the overall management of the project development, and a full-time safety production supervisor with the qualification certificate of registered safety engineer. The organization and staffing meet the requirements. The tripartite safety work coordination group established by the project department, the general contractor and the supervision unit is responsible for the unified coordination and management of the project. From February to November, 2021, 10 coordination meetings were held, and from March to November, 9 monthly safety inspections were carried out, and special investigation and treatment of large mechanical equipment were carried out. The company’s payment of safety measures met the statutory requirements, organized the general contractor to prepare the Comprehensive Emergency Plan for Production Safety Accidents, and urged seven emergency rescue drills and fire emergency drills. The company has fulfilled the main responsibility of safety production according to law.

(5) Weather conditions on the day of the accident.

December 8: Cloudy, northerly winds 2-3, minimum temperature 8 degrees Celsius, maximum temperature 17 degrees Celsius.

Second, the accident and emergency response

(1) The course of the accident

On December 4, 2021, Peng Zhichun, the safety officer of Suyuan Company, received a notice from Liu Xingchao, the safety officer of Huajian Company of the urban complex plot C project, requesting that the fifth wall-attached and jacking operation be installed for the 4# tower crane in C1 building of the project on December 8. After receiving the task, Peng Zhichun arranged the personnel and organized the materials for the project. Five standard sections, one set of attachment frame and three attachment rods used for this installation have arrived in the project on November 29th, 2021.

At about 7: 30 on the day of the accident on December 8, four laborers from Anxin Labor Service Company, including Long Xingchun, Wang Jianhong, Wan Cheng and Li Yunzhong, arrived at the construction site. At about 7: 40, Feng Xuequan, the deputy general manager of Suyuan Company and the person in charge of the installation project, and Liu Xingchao, the safety officer of Huajian Company, made a safety technical disclosure to four laborers. After the disclosure was completed, the four workers entered Building C1 to start their work. At about 7: 50, Peng Zhichun and Han Xinguo, another dismantler of Suyuan Company, arrived at the construction site, and Liu Xingchao made a safety technical disclosure to Peng Zhichun and Han Xinguo. At about 9 o’clock in the morning, after Feng Xuequan met Pu Guobao outside the gate of the construction site, he told Pu Guobao that the 4# tower crane would be upgraded to 5 knots, and a wall was attached, and he said that he had something to do temporarily, and then left the job site. At about 10: 30 in the morning, the fifth attached installation of the 24th floor was completed. After self-inspection, the next jack-up work was carried out.

After the tower crane successfully completes the jack-up in the first standard section (the 33rd section of the tower is about 89.6 meters from the ground), it is ready for the jack-up in the second section. When the tower crane jacket and its superstructure are jacked up for about 0.5 meters (at this time, the tower body is disconnected from the rotary lower support), the jacking oil cylinder can’t continue to be jacked up and raised. According to the preliminary judgment of the dismantling personnel, the oil pump motor is faulty. After confirming the cause of the failure, Peng Zhichun thought that the oil pump motor was damaged and needed to be replaced. In order to eliminate the fault and complete the jack-up operation as soon as possible, Peng Zhichun decided to borrow the oil pump of the same model adjacent to the 5# tower crane in this project to continue the operation.

At about 11: 30, Peng Zhichun arranged for Li Sanmurong, the tower crane driver of Anxin Labor Service Company, and Li Yunzhong, the demolition worker, to get off the tower crane first for dinner. He and two other demolition workers Long Xingchun and Wang Jianhong stayed on the tower crane for standby. At the same time, Han Xinguo, who works on the ground, is required to cooperate with Wan Cheng, who got off the tower crane, to go to the 5# tower crane to disassemble the oil pump for replacement. Peng Zhichun operated the tower crane in the cab of No.4 tower crane, and asked Yan Sanying, the signal engineer of Anxin Labor Service Company, to stand by on the ground. After Han Xinguo and Wan Cheng unloaded the oil pump on the platform of 5# tower crane jacket, Han Xinguo operated the 5# tower crane to lift it to the 26th floor of the main building of C2# building. When the slewing support of the 4# tower crane of C1# building was not effectively connected with the standard section tower, and it was about 0.5m high, Peng Zhichun operated the slewing boom of the tower crane to the east, and put the standard section for balancing on the hook behind the 26th floor of the main building of C2# building. After the oil pump is lifted by the hook to about 2.3 meters below the boom, the recovery trolley is ready to drop the oil pump on the 4# tower crane jacket to replace the damaged oil pump. When the trolley is recovered to a distance of about 15 meters from the tower, the tower crane boom points to the east and the balance arm points to the west, which is completely opposite to the normal joint adding direction. Because the moment balance between the crane boom and the balance boom of the tower crane was destroyed, the imbalance of the upper structure of the tower crane turned over, and the balance boom fell. After the crane boom rose and rotated counterclockwise by about 180, the jacket and the upper structure of the tower crane fell to the ground. When the accident happened, the dismantlers Long Xingchun and Wang Jianhong noticed the abnormality, and they hid in the standard section of the tower in time to avoid danger.And climb down through the ladder, enter the building from the fourth attached personnel passage, and descend to the ground by yourself. Wang Jianhong accidentally fell and injured his arm in the process of descending the tower. When the crane boom of the tower crane fell to the ground, Yan Sanying, the foreman, and Zhang Liqun, the construction elevator driver of C1# building, were killed. Peng Zhichun fell to the ground with the superstructure of the tower crane in the cab and died.

(2) accident report

After the accident, at 12: 22, on-site construction personnel called "120" and "110" for help.

At 12: 36, yangjin, the project manager of Huajian Company, the general contractor of the project, telephoned the Quality Supervision Station of Housing and Construction Environmental Protection Bureau of gedian Development Zone to report the accident.

At 13: 19, the Housing and Construction Environmental Protection Bureau of gedian Development Zone reported the accident to the District Management Committee.

At 13: 22, the Safety Supervision Bureau of gedian Development Zone telephoned the Municipal Emergency Bureau to report the accident.

At 13: 24, the Quality Supervision Station of gedian Development Zone telephoned the Municipal Housing and Construction Bureau to report the accident.

At 13: 53, the Municipal Housing and Construction Bureau reported the accident to the Provincial Housing and Construction Department.

At 14: 00, gedian Development Zone Management Committee reported the accident to the municipal government.

At 15: 00, the Municipal Housing and Construction Bureau reported the accident to the municipal government and the Municipal Emergency Bureau.

At 15: 31, the Municipal Emergency Bureau reported the details of the accident to the Provincial Emergency Department, and reported the accident information through the accident network direct reporting system according to the time limit specified in the accident statistical report.

(3) Emergency rescue situation

At 12: 45, the ambulance of the "120" emergency center rushed to the scene of the accident, reported to the "120" platform after preliminary judgment by the medical staff that the accident caused three deaths and one injury, and immediately sent the injured to tongji hospital in Guanggu for treatment.

At 13: 00, gedian police station rushed to the scene of the accident, set up a cordon, maintained order and diverted onlookers.

At 13: 05, gedian Development Zone Housing and Construction Environmental Protection Bureau and Quality Supervision Station arrived at the scene of the accident to learn about the accident.

At 13: 08, Chen Weibing, member of the Working Committee of gedian Development Zone Management Committee and deputy director in charge of urban construction, arrived at the scene of the accident, directed on-site rescue, and coordinated the funeral home to deal with related problems on the spot.

At 13: 41, Gao Fei, director of gedian Development Zone Management Committee, arrived at the scene of the accident to arrange emergency rescue and related work.

At 14: 57, gedian Development Zone Fire Emergency Rescue Brigade arrived at the scene of the accident.

At 15: 00, Vice Mayor Jiang Feilun led the principals and relevant personnel of the Municipal Housing and Construction Bureau, the Municipal Emergency Bureau, the Municipal Market Supervision Bureau and other departments to the scene of the accident, demanding on-site rescue, preventing the occurrence of secondary accidents, doing a good job in the aftermath, and calming the emotions of family members.

(four) the aftermath and assessment.

After the accident, under the leadership of the two levels of government in the urban area, the "120", "110" and "119" and relevant departments made concerted efforts to rescue, and the on-site rescue work ended at 15: 30 on December 8. By December 10th, the related aftercare compensation work was over, the bodies of three deceased were cremated, the relatives of the deceased were in a stable mood, and the injured recovered after treatment.

The emergency rescue and disposal of accidents was scientific and effective, with strong command and proper measures. No secondary accidents and mass incidents occurred, and public opinion was generally stable.

(5) Determination of the number of casualties

The number of casualties approved in this accident is: 3 people were killed and 1 person was injured. The basic situation is as follows:

Third, the cause and analysis of the accident

(1) The direct cause of the accident

During the lifting operation of tower crane, the hydraulic system (oil pump) broke down. In the process of handling the fault, Peng Zhichun, the site safety administrator of Suyuan Company, violated the QTZ80(TC5613-6) Instruction Manual for Tower Crane and Technical Regulations for Installation, Use and Dismantling of Tower Crane in Construction (JGJ196-2010) and other regulations when the tower body and the rotary lower support were not effectively connected.

(2) Management reasons of related enterprises

1. Suyuan Company. Dangerous engineering technology management is not in place, and on-site management personnel’s special construction scheme disclosure work has not been implemented. The on-site personnel failed to find and stop the wrong behavior of hydraulic system fault handling in time. The construction personnel did not strictly implement the operation rules, and commanded, operated illegally and took risks.

2. Civil supervision company. The performance of supervision duties is not in place, and the supervision of the disclosure of the special construction plan for tower crane jacking operation is not in place. The supervision station was not thorough, and the illegal operation behavior of the operators of Suyuan Company was not found and stopped in time. The installation of tower crane is not included in the detailed rules for the implementation of dangerous project supervision.

3. Huajian Company. The safety responsibility of general contracting is not fulfilled effectively, and the technical disclosure of special construction scheme of tower crane jacking operation management personnel is not implemented in place. The safety administrator of the construction site failed to supervise the whole process, failed to implement the patrol inspection system, and failed to find and stop the illegal operation behavior of the operators of Suyuan Company in time.

4. Anxin Labor Service Company. Safety production rules and regulations are not perfect, safety management institutions are not set up as required, and safety education and training files are not complete.

Iv. Identification of accident responsibility and suggestions on handling those responsible for the accident

(1) Persons who are suggested to be exempted from criminal responsibility.

Peng Zhichun, safety officer of Suyuan Company. Illegal command, illegal operation, risky operation, operating the tower crane without a license, operating the tower crane to rotate, luff and lift when the slewing bearing of the tower crane is not effectively connected with the standard section of the tower body, which destroys the moment balance between the crane boom and the balance arm of the tower crane, causes the imbalance of the upper structure of the tower crane to turn over, and the jacket and the upper structure of the tower crane fall to the ground, resulting in an accident, resulting in three deaths and one injury. His behavior violated the relevant provisions of People’s Republic of China (PRC) Law on Work Safety, People’s Republic of China (PRC) Construction Law, Regulations on Management of Work Safety in Construction Projects and Regulations on Safety Supervision and Management of Construction Hoisting Machinery, and he was directly responsible for the accident. Because of his death in the accident, it is suggested to be exempted from criminal responsibility.

(two) the judicial investigation.

On January 13th, 2022, the Public Security Bureau of gedian Development Zone of Ezhou City (gedian Police Station) filed an investigation on the December 8th heavy lifting accident of the urban complex project of gedian Economic and Technological Development Zone in Ezhou City.

(three) suggested to give disciplinary and administrative accountability personnel.

According to the Regulations on Disciplinary Actions in the Communist Party of China (CPC), the Law on Administrative Actions of Public Officials in People’s Republic of China (PRC) and the Implementation Measures of Party and Government Responsibility for Work Safety in Hubei Province, it is suggested to give the following personnel and units disciplinary and administrative accountability:

1. Wang Peng, a staff member of gedian Development Zone Construction Engineering Quality Supervision Station, is the head of urban complex project supervision. The implementation of safety production supervision responsibilities in the construction industry is ineffective, the daily supervision and inspection of law enforcement is not strict, supervision is not in place, there is no strict implementation of the provisions of inspection and supervision personnel of not less than two people, and law enforcement behavior is not standardized. In violation of the relevant provisions of the Measures for the Supervision of Construction Safety of Housing Construction and Municipal Infrastructure Projects in Hubei Province, he has an important leadership responsibility for the accident in supervision. According to the relevant provisions of the Law of People’s Republic of China (PRC) on Administrative Punishment of Public Officials, it is suggested to give administrative warning.

2. Zeng Xiaolin, party member of the Communist Party of China, is the head of the construction engineering quality supervision station in gedian Development Zone. Inadequate supervision of production safety in the construction industry under its jurisdiction, and inadequate management of daily safety supervision of staff; The internal management of the unit is not standardized, and the division of labor is not in place; It is inaccurate to check and report the casualty information of the accident personnel. In violation of the relevant provisions of the Measures for the Supervision of Construction Safety of Housing Construction and Municipal Infrastructure Projects in Hubei Province and the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents, he has an important leadership responsibility for the accident in supervision and the main leadership responsibility for reporting the casualty information of the accident personnel. According to the relevant provisions of the Regulations on Disciplinary Actions in the Communist Party of China (CPC) and the Law on Administrative Actions of Public Officials in People’s Republic of China (PRC), it is suggested that he be given a warning within the party and a demerit in government affairs.

3. Yuan Jie, party member, deputy director of the Housing and Construction Environmental Protection Bureau of gedian Development Zone, is in charge of and in contact with the construction engineering quality supervision station of gedian Development Zone. The supervisor in charge of safety production in the construction industry is not enough, and the performance of duties is not in place. In terms of supervision, he bears the main leadership responsibility for the accident. According to the relevant provisions of the Law on Administrative Punishment of Public Officials in People’s Republic of China (PRC), it is recommended to give a admonishing conversation.

4. Jiang Weibin, party member of the Communist Party of China, director of the Housing and Construction Environmental Protection Bureau of gedian Development Zone, is responsible for the overall work of building construction projects in the area. The supervision of construction safety in production is not in place, the leadership of the construction quality supervision station is weak, and the supervision bears an important leadership responsibility for the accident. According to the relevant provisions of the Law on Administrative Punishment of Public Officials in People’s Republic of China (PRC), it is suggested that it make a written inspection to the Party Working Committee and Management Committee of gedian Development Zone, and report it to the Municipal Housing Construction Bureau and the Municipal Safety Committee Office for the record.

5. Chen Weibing, party member of the Communist Party of China, member of the Party Working Committee of gedian Development Zone and deputy director of the Management Committee, is responsible for urban construction, project management, housing and environmental protection bureau. The leadership of safety production in the construction industry in the jurisdiction is weak, the supervision of safety production in the housing and construction sector is insufficient, and the grassroots supervision force is insufficient. He has an important leadership responsibility for the accident in supervision. According to the relevant provisions of the Law of People’s Republic of China (PRC) on Administrative Punishment of Public Officials, it is suggested to criticize and educate him.

6. Bin Luo, party member of the Communist Party of China, is the stationmaster of the labor safety supervision station of the municipal construction industry. Business guidance on the supervision of construction hoisting machinery safety production in gedian Development Zone is not in place. In the work guidance, he has the main leadership responsibility for the accident. According to the relevant provisions of the Law of People’s Republic of China (PRC) Municipality on Administrative Punishment of Public Officials, it is recommended that he make a written inspection to the Municipal Housing and Construction Bureau.

(four) units that suggest giving administrative accountability.

1. gedian Development Zone construction engineering quality supervision station, the implementation of the construction industry safety production supervision responsibilities are not in place, the law enforcement inspection force is insufficient, the law enforcement behavior is not standardized, the daily supervision and inspection of construction enterprises are not deep or detailed, and the inspection and inspection of the installation and dismantling of special equipment on the construction site are not in place. Instruct the gedian Development Zone Quality Supervision Station to make a written inspection to the Housing and Construction Bureau of gedian Development Zone.

2. The Housing and Construction Environmental Protection Bureau of gedian Development Zone failed to seriously perform the safety supervision duties on the safety production work in the industries and fields under its jurisdiction, and urged the district quality supervision stations to perform the industry safety supervision and inspection work poorly. Instruct the Housing and Construction Bureau of gedian Development Zone to make a written inspection to the Party Working Committee and Management Committee of gedian Development Zone, and report to the Municipal Housing and Construction Bureau and the Municipal Safety Committee Office for the record.

3. The Administrative Committee of gedian Development Zone has weak links in organizing and leading the safety production of construction projects in its jurisdiction, and has insufficient guidance and supervision on the safety production of construction projects. Instruct the Party Working Committee and Administrative Committee of gedian Development Zone to make a written inspection to the municipal party committee and municipal government, and report to the Municipal Commission for Discipline Inspection and the Municipal Safety Committee Office for the record.

4 city construction industry labor safety supervision station, there are weak links in the safety production of construction projects, which are ineffective in guiding the safety production of construction hoisting machinery in gedian Development Zone. Instruct the municipal construction industry safety supervision station to make a written inspection to the Municipal Housing and Construction Bureau.

5. The Municipal Housing and Construction Bureau failed to guide the safe production of construction hoisting machinery in gedian Development Zone. Instruct the Municipal Housing and Construction Bureau to make a written inspection to the municipal party committee and municipal government, and report to the Municipal Commission for Discipline Inspection and the Office of the Municipal Safety Committee for the record.

(5) Persons who suggest administrative punishment.

1. Zhu Laishan, general manager of Suyuan Company and legal representative of Anxin Labor Service Company, is fully responsible for the production and operation of Suyuan Company and Anxin Labor Service Company. Performance of the unit’s work safety responsibilities is ineffective, and the dangerous engineering and technical management is not in place. Failing to organize the formulation and implementation of safety production education and training plan, and the safety education and training for employees is not in place. On-site safety administrators violate operating rules, command against regulations, take risks, and technicians fail to supervise on-site and stand by in place, failing to find and stop violations in time; Anxin Labor Service Company failed to set up a safety management organization as required, and the safety education and training files were incomplete. Violation of the relevant provisions of the "Safety Production Law of People’s Republic of China (PRC)" and the main leadership responsibility for the accident. It is suggested that the Municipal Emergency Bureau should impose a fine of 60% of the previous year’s income according to the provisions of Article 95 of the Law of People’s Republic of China (PRC) on Work Safety.

2. Feng Xuequan, deputy general manager in charge of safety of Suyuan Company and head of eastern Hubei area, is fully responsible for safety production of Suyuan Company. Failing to perform his duties in safety production, failing to supervise and manage the safety management department of Suyuan Company, and failing to urge the safety department of the company to carry out safety education and training in accordance with relevant regulations; The side station failed to perform its duties effectively, and did not formally hand over the side station work according to the regulations, that is, left the side station post, resulting in the absence of the side station, which violated the relevant provisions of the Law of People’s Republic of China (PRC) on Safety in Production, the Construction Law of People’s Republic of China (PRC) and the Regulations on Safety in Production of Construction Projects, and was directly responsible for the accident. It is suggested that the Municipal Emergency Bureau should impose administrative punishment on it according to the provisions of Article 96 of the Law of People’s Republic of China (PRC) on Work Safety.

3. Wei Wenfeng, the legal representative of the civil supervision company, is responsible for the overall work of the supervision company. Failing to perform the duties of safety production, failing to provide safety education to the project director and supervisors, failing to fully observe the work standards of the supervisors on the construction site, failing to observe the supervision of key working procedures and nodes in the whole process, lacking comprehensiveness and pertinence in the detailed rules for supervision implementation, and failing to include the tower crane installation project in the detailed rules for supervision implementation of dangerous projects, which violates the relevant provisions of the Safety Production Law of People’s Republic of China (PRC) and bears an important leadership responsibility for the accident. It is suggested that the Municipal Emergency Bureau should impose a fine of 60% of the previous year’s income in accordance with the provisions of Article 95 of the Law of People’s Republic of China (PRC) on Work Safety.

4. Lu Kai, safety officer and supervision engineer of civil supervision company. The supervision of the disclosure of the special construction scheme for tower crane jacking operation is not in place, the tower crane jacking operation is not completely on the sidelines, and the key working procedures and nodes are not on the sidelines in the whole process, which violates the relevant provisions of the Regulations on Safety Supervision and Management of Construction Hoisting Machinery, the Regulations on Safety Production Management of Construction Projects and the Code for Supervision of Construction Projects and is mainly responsible for the accident. It is suggested that the Municipal Emergency Bureau should impose administrative punishment on it in accordance with the provisions of Article 96 of the Law of People’s Republic of China (PRC) on Work Safety. Instruct the Municipal Housing and Construction Bureau to deal with it in accordance with the relevant provisions of industry supervision; At the same time, it is suggested that the civil supervision company should handle it according to the company’s internal management regulations and report it to the municipal safety Committee office for the record.

5. yangjin, the head of Wuhan area of Huajian Company, the project manager of plot C of urban complex, and party member prepared by CPC, is responsible for the management of Wuhan area of Huajian Company and the overall work of the project department of plot C of urban complex. Inadequate performance of safety production management responsibilities, weak awareness of safety management and risk control, lax organization and management of safety production, weak safety management in the project department, weak safety management at the construction site before shutdown, shift change and off-duty, and failure to set warning areas and obvious warning signs at the tower crane jacking operation site, which violated the relevant provisions of People’s Republic of China (PRC) Safety Production Law, Regulations on Safety Production Management of Construction Projects and Regulations on Safety Supervision and Management of Construction Lifting Machinery, and assumed important leadership responsibilities for the accident. It is suggested that the Municipal Emergency Bureau should impose a fine of 60% of the previous year’s income according to the provisions of Article 95 of the Law of People’s Republic of China (PRC) on Work Safety; Instruct the Municipal Housing and Construction Bureau to deal with it in accordance with the relevant provisions of industry supervision; At the same time, it is suggested that the party organization cancel its qualification to prepare for party member, deal with it according to the company’s internal management regulations, and report the results to the office of the Municipal Security Committee for the record.

6. Liu Xingchao, safety officer of plot C of urban complex of Huajian Company, is responsible for daily management of large-scale equipment and standing by the construction site. The supervision of safety technical disclosure is not in place; Failing to observe the whole process of the construction site, failing to find and stop illegal command, risky operation and violation of operating procedures in time, violating the relevant provisions of the Law of People’s Republic of China (PRC) on Work Safety and the Regulations on the Administration of Work Safety in Construction Projects, and taking the main responsibility for the accident. It is suggested that the Municipal Emergency Bureau should impose administrative punishment on it according to the provisions of Article 96 of the Law of People’s Republic of China (PRC) on Work Safety. Instruct the Municipal Housing and Construction Bureau to deal with it in accordance with the relevant provisions of industry supervision; At the same time, it is suggested that Huajian Company should deal with it according to the company’s internal management regulations, and report the results to the office of the Municipal Safety Committee for the record.

(six) units that suggest administrative punishment and administrative treatment.

1. Suyuan Company. The enterprise technical management system is not perfect, and the dangerous engineering technical management is not in place; The safety education for construction workers is not in place, the disclosure of the special construction scheme of the site management personnel is not implemented, the illegal command and risky operation behavior are not found and stopped in time, and the site operation personnel operate the hoisting machinery in violation of the operating rules, which violates the relevant provisions of the People’s Republic of China (PRC) Law on Safety in Production, the People’s Republic of China (PRC) Construction Law, the Regulations on Safety in Production of Construction Projects and the Regulations on Safety Supervision and Management of Construction Hoisting Machinery, and is directly responsible for the accident. It is suggested that the Municipal Emergency Bureau should impose administrative punishment according to the relevant provisions of the "Safety Production Law of People’s Republic of China (PRC)"; Instruct the Municipal Housing and Construction Bureau to deal with it according to the relevant regulations of industry supervision.

2. Civil supervision company. The work of safety in production was ineffective, the supervisors of the project department did not strictly perform their supervisory duties, the supervision of the disclosure of the special construction scheme for tower crane jacking operation was not in place, the supervision was not thorough, and the violations were not found and stopped in time. The tower crane installation project was not included in the detailed rules for the implementation of project supervision, which violated the People’s Republic of China (PRC) Law on Safety in Production, the People’s Republic of China (PRC) Construction Law, the Regulations on Safety in Production of Construction Projects, the Regulations on Safety Supervision and Management of Construction Lifting Machinery and the staffing standards of project supervision institutions. It is suggested that the Municipal Emergency Bureau should impose administrative punishment according to the relevant provisions of the "Safety Production Law of People’s Republic of China (PRC)"; Instruct the Municipal Housing and Construction Bureau to deal with it according to the relevant regulations of industry supervision.

3. plot c project department of urban complex of Huajian company. Failing to fulfill the safety responsibility of the construction unit, failing to implement the technical disclosure of the special construction scheme of the tower crane jacking operation management personnel, failing to set warning areas and obvious warning signs on the tower crane jacking operation site as required, failing to supervise the safety of the construction site, and failing to manage the safety personnel of the project department in the whole process, which violated the relevant provisions of the People’s Republic of China (PRC) Law on Safety in Production, the People’s Republic of China (PRC) Construction Law, the Regulations on Safety in Production of Construction Projects and the Regulations on Safety Supervision and Management of Construction Hoisting Machinery, and took an important leadership responsibility for the accident. It is suggested that the Municipal Emergency Bureau should impose administrative punishment according to the relevant provisions of the "Safety Production Law of People’s Republic of China (PRC)"; Instruct the Municipal Housing and Construction Bureau to deal with it according to the relevant regulations of industry supervision.

4. Anxin Labor Service Company. The implementation of the main responsibility of safety production is not in place, the rules and regulations of safety production are not perfect, the safety management organization is not set up according to the regulations, and the safety education and training files are incomplete, which violates the relevant provisions of the Law of People’s Republic of China (PRC) on Safety Production. It is suggested that the Municipal Emergency Bureau should impose administrative penalties according to the relevant provisions of the Law of People’s Republic of China (PRC) on Safety Production.

(seven) other suggestions to give accountability personnel.

1. Han Xinguo, dismantling worker of Suyuan Company. Weak safety awareness, illegal operation, unlicensed operation of 5# tower crane, not only failed to refuse, stop and report Peng Zhichun’s illegal command and operation in time, but also cooperated with his illegal operation and risky operation, which violated the relevant provisions of "People’s Republic of China (PRC) Law on Safety in Production" and "Regulations on Safety Supervision and Management of Construction Hoisting Machinery" and was mainly responsible for the accident. It is suggested that Suyuan Company handle it according to the company’s internal management regulations and report the handling results to the office of the Municipal Safety Committee for the record; Instruct the Municipal Housing and Construction Bureau to deal with it in accordance with the relevant provisions of industry supervision.

2. Pu Guobao, on-site technician of Suyuan Company, assisted Peng Zhichun in his work. Failing to give full play to the role of technicians on the sidelines, failing to find and stop the wrong behavior of hydraulic system fault handling in time, violating the relevant provisions of the Regulations on the Administration of Safety in Production of Construction Projects and the Regulations on Safety Supervision and Management of Construction Hoisting Machinery, and suggesting that Suyuan Company handle it according to the internal management regulations of the company, and report the handling results to the office of the Municipal Safety Committee for the record; Instruct the Municipal Housing and Construction Bureau to deal with it in accordance with the relevant provisions of industry supervision.

3. Gu Guohua, manager of safety management department of Suyuan Company, is responsible for safety education and training, technical disclosure, etc. Failure to perform safety management duties, inadequate safety education and training work, failure to formulate safety education and training plans and no safety education and training programs violated the relevant provisions of the Law of People’s Republic of China (PRC) on Safety in Production. It is suggested that Suyuan Company should handle it according to the internal management regulations of the company and report the handling results to the office of the Municipal Safety Committee for the record; Instruct the Municipal Housing and Construction Bureau to deal with it in accordance with the relevant provisions of industry supervision.

4. Lei Xiaolin, chief supervision engineer of plot C of urban complex construction of civil supervision company, is responsible for the daily supervision of the project. Inadequate inspection of supervisors’ work, lax examination and approval of the detailed rules for the supervision of dangerous projects, and failure to include the installation of tower cranes in the detailed rules for the supervision of dangerous projects, which violates the relevant provisions of the Regulations on Safety Supervision and Management of Construction Hoisting Machinery and the Code for Supervision of Construction Projects. It is suggested that the civil supervision company handle it according to the internal management regulations of the company and report the handling results to the office of the Municipal Safety Committee for the record; Instruct the Municipal Housing and Construction Bureau to deal with it in accordance with the relevant provisions of industry supervision.

5. Tang Xiang, Head of Urban Complex Security Department of Huajian Company. Inadequate performance of safety management responsibilities, inadequate management supervision and education and training of safety personnel, low working standards of safety personnel, failure to supervise the whole construction process, violation of the relevant provisions of the "Safety Production Law of People’s Republic of China (PRC)", and major leadership responsibility for the accident. It is suggested that Huajian Company handle the accident according to the company’s internal management regulations, and report the handling results to the Municipal Safety Committee Office for the record; Instruct the Municipal Housing and Construction Bureau to deal with it in accordance with the relevant provisions of industry supervision.

6. Long Xingchun, the shift leader of Anxin Labor Service Company. Failing to stop the illegal personnel from taking risks in time and report the unsafe factors in the construction site in time violates the relevant provisions of the Law of People’s Republic of China (PRC) on Work Safety and the Regulations on the Administration of Work Safety in Construction Projects. It is suggested that Anxin Labor Service Company should handle it according to the company’s internal management regulations and report the handling results to the office of the Municipal Safety Committee for the record.

7. Wang Jianhong, an dismantler of Anxin Labor Service Company. Failing to stop the illegal personnel from taking risks in time and report the unsafe factors in the construction site in time violates the relevant provisions of the Law of People’s Republic of China (PRC) on Work Safety and the Regulations on the Administration of Work Safety in Construction Projects. It is suggested that Anxin Labor Service Company should handle it according to the company’s internal management regulations and report the handling results to the office of the Municipal Safety Committee for the record.

8. Wan Cheng, an Xin Labor Service Company dismantles workers. Failing to stop the illegal personnel from taking risks in time and report the unsafe factors in the construction site in time violates the relevant provisions of the Law of People’s Republic of China (PRC) on Work Safety and the Regulations on the Administration of Work Safety in Construction Projects. It is suggested that Anxin Labor Service Company should handle it according to the company’s internal management regulations and report the handling results to the office of the Municipal Safety Committee for the record.

V. Suggestions on accident prevention measures

In order to fully implement the important exposition and instructions of the Supreme Leader General Secretary on safety production, adhere to the principle of life first, people first, adhere to the concept of safe development, adhere to the insurmountable red line that development must not be at the expense of human life, profoundly draw lessons from accidents, focus on strengthening the main responsibility of enterprise safety production, plug the loopholes in supervision and management, and focus on solving the problem of non-compliance with laws and regulations, the following suggestions are put forward:

(a) immediately carry out a major inspection of the construction safety of the construction site in the city.

The Municipal Housing and Construction Bureau shall organize self-examination and self-correction of safety construction in construction sites within the city, and timely check and record the progress of self-examination and self-correction of relevant participating enterprises. The general contractor and the construction unit should strictly implement the main responsibility of production safety, regularly check the safety construction, safety management and system implementation of subcontractors, equipment installation and leasing units and labor dispatch units, urge them to quickly rectify related problems, and follow up the completion of acceptance and rectification. Equipment leasing units and labor service units should keep an eye on key posts and special types of work, and deal with those who violate the rules habitually in a timely and serious manner.

(two) to carry out accident case warning education in a timely manner to enhance the safety awareness of employees in the construction industry.

The Municipal Housing and Construction Bureau should take the lead in organizing safety education activities in the construction industry throughout the city, and conduct safety training and education for employees in construction sites in the city with typical cases as the starting point. Departments in charge of construction industry at all levels should actively carry out warning education on construction safety production, hold accident case analysis meetings, deeply analyze the causes of accidents, fully interpret the responsibilities and hazards of accidents, make full use of channels such as Internet and WeChat official account, vigorously publicize the hazards of illegal command, illegal operation and risky construction, and further improve the safety awareness and preventive skills of construction industry personnel.

(3) Check loopholes and fill shortcomings, and quickly carry out special rectification work for construction hoisting machinery.

The competent departments of the construction industry at all levels should supervise and urge all construction enterprises to carry out special rectification work on the installation, jacking and dismantling of construction hoisting machinery, and focus on supervising whether the construction unit has carried out safety technical disclosure and patrol station work in accordance with the provisions of relevant laws and regulations, and whether the construction site safety personnel can play the role of safety supervision; Whether the supervision unit has improved the detailed rules for the implementation of supervision in accordance with relevant regulations, whether the supervision work of supervisors is in place and whether the whole process supervision has been achieved; Whether the lifting machinery company has made corresponding preparations in accordance with relevant regulations, whether it is equipped with necessary staff, and whether the staff has achieved the "integration of people and certificates", etc., the construction lifting machinery operation must strictly implement the station-by-station, disclosure and supervision.

(four) the full implementation of safety risk management and control, strengthen the investigation and management of hidden dangers in the construction site.

All construction enterprises should scientifically define the safety risk categories according to their own conditions. It is necessary to control the work of safety in production at different levels from multiple dimensions such as technology and system, implement the responsibility of safety control of enterprises, projects, teams and posts in detail, and strengthen the safety control of major hazard sources, important construction links, important posts and important personnel. It is necessary to improve the system of investigation and management of hidden dangers on the construction site, clarify the matters of investigation and management of hidden dangers, refine the contents of investigation and management of hidden dangers, compact the responsibility of investigation and management of hidden dangers layer by layer, and implement the responsibility of investigation and management of hidden dangers step by step. In particular, it is necessary to increase the frequency of investigation and management of hidden dangers at key points such as lifting machinery, formwork scaffolding and deep foundation pit, so as to ensure careful investigation and timely management of hidden dangers, strictly implement closed-loop management of investigation and management of hidden dangers, and comprehensively improve the ability of investigation and management of hidden dangers.

Interpreter: Office of Hohhot Emergency Management Bureau

Interpretation Tel: 0471-5181120