Safety Production Accidents And Definition Of Civil Accidents

The Dongguan intermediate people's court held a court hearing of two administrative penalties relative to the Dongguan work safety administration, and Kang Renfei, deputy director of the Dongguan Safety Supervision Bureau, appealed in court.

About 100 law enforcement officers attended.

Case 1: Hu Moucheng bought two air conditioners at the newly opened convenience store, but found no air conditioning outlet. Through a presentation of a decorative material store, he talked with Tang Mouhui and Chen about the installation fee of 150 yuan. In the afternoon, when Chen climbed up the aluminum ladder to check the ceiling line, he accidentally electrocuted and fell down from the ladder to cause death.

Case two: a bag company in Dongguan discovered that the aquarium could not be electrified. The next day, the company contacted the factory worker Huang Qiang to come to the maintenance. The two sides had an oral agreement of 200 yuan. During the repair process, Huang Mouqiang accidentally fell from an artificial ladder and led to death.

Dongguan City Safety Supervision Bureau believes that the above accident is caused by

Inadequate measures result in general safety accidents at high altitude.

Hu Moucheng and a bag company of Dongguan limited contracted the production and operation projects (wiring and circuit maintenance engineering) to individuals who did not have the conditions of production safety or corresponding qualifications, and did not sign special production safety management agreements or contracts with them. In their work, they did not specify their own safety production management duties, causing the maintenance work of the units outside the unit to die when they repaired the wiring circuits, which violated the provisions of the forty-sixth article of the People's Republic of China safety production act.

An administrative penalty of 200 thousand yuan is fined for the accident.

Hu Moucheng believed that he hired an electrician through a decorative material store to install power outlets, and asked whether Chen had an electrician license. He had done the duty of citizen's reasonable care. He worked as an electrician for a long time while he worked for a month, and possessed relevant electrical and technical knowledge.

Moreover, the object of our safety production law is the production enterprise that bears the responsibility of safety production, and Hu is a self-employed person, not a production enterprise in the legal sense.

A bag company in Dongguan believed that the case of Huang Mouqiang, who was involved in the case, was proved to be an accident rather than a general safety production accident. It was also considered that there was a mistake in the application of the law in the Dongguan Safety Supervision Bureau.

Hu Moucheng and a bag company in Dongguan have applied for administrative reconsideration to the Dongguan Municipal People's government, and the municipal government has maintained the administrative sanction of the Safety Supervision Bureau.

Hu Moucheng and a bag company in Dongguan still refuse to accept an administrative lawsuit against the first people's Court of the city.

After hearing the case, the first people's court held that in the contractual relationship, the Contractor would give the contractor all or part of the management right within a certain period of time, and the Contractor would be in charge of the operation and management, and the Contractor would bear the risk of operation or gain the proceeds.

The above two cases can not be reflected in the whole or part of the right of management to be delivered to Mr. Chen or Huang, and the nature of operation or risk gained by Chen or Huang.

The two case decided to cancel the administrative penalty decision made by the City Safety Supervision Bureau and the administrative reconsideration decision made by the municipal government, and the Municipal Security Supervision Bureau refused to accept the first instance judgment, and the two case appealed to the Municipal Intermediate People's court.