At 10: 51 on July 14, 2021, an electric shock accident occurred at the construction site of the third phase project of Longpanhe Park in Chuzhou City, resulting in the death of one worker.
According to the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents (Order No.493 of the State Council) and Articles 18 and 19 of the Measures for the Reporting, Investigation and Handling of Production Safety Accidents in Anhui Province (Order No.232 of the Provincial Government), the Chuzhou Municipal People’s Government authorized the Municipal Emergency Management Bureau to organize the establishment of a unit headed by the Municipal Emergency Management Bureau. The "July 14th, 2021" electric shock accident investigation team (including comprehensive team, technical team, management team and emergency response evaluation team) on the construction site of the third phase project of Longpanhe Park in Chuzhou City, which is composed of the Municipal Public Security Bureau, the Municipal Federation of Trade Unions and the Municipal Housing and Construction Bureau, and invited representatives from the Municipal Supervision Commission to participate (the signature list is attached). In accordance with 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 investigation team, with the active cooperation of relevant departments and units, found out the course, cause, casualties and direct economic losses of the accident through field investigation, investigation and evidence collection, consulting relevant personnel, identified the nature and responsibility of the accident, put forward treatment suggestions, and formed "Longpan, Chuzhou City" The accident investigation is now reported as follows:
I. Basic information
(a) the general situation of the project and the bidding situation
1. General situation of the project
The third phase project of Longpanhe Park was approved by Chuzhou Development and Reform Commission with the document of Chu Development and Reform Examination and Approval (2020) No.229. The construction project starts from Jinpu Railway in the east and ends at Yangming Road in the west. The base is about 1,655 meters long and 50-270 meters wide. The project covers a total area of about 252,000 square meters, including 200,000 square meters of garden landscape and 50,000 square meters of water area. The south side of the project is basically commercial residential land, and the north side will build new roads according to the planning requirements. The design and construction contents: garden landscape, water conservancy flood control and drainage facilities, ancillary buildings, night lighting, weak current system, etc., including management room and No.1 and No.2 public toilets (construction area of 2038 square meters).
2. Bidding situation
(1) On November 26th, 2020, Chuzhou Key Project Construction Management Office made public bidding for Longpanhe Park Phase III project; On December 22, 2020, the project was opened, and Jiangsu Kaijin Ecological Environment Co., Ltd. (the leader of the consortium) and Anhui Shui Mu Construction Engineering Group Co., Ltd. won the bid, with the winning price of eight thousand Wu Bai three hundred and seventy-nine million and fifty-seven yuan and sixty-one cents (￥: 85,370,957.61 yuan), and the winning period was from January 23, 2021 to June 17, 2022.
On February 6, 2021, Jiangsu Kaijin Ecological Environment Co., Ltd. and Anhui Shui Mu Construction Engineering Group Co., Ltd. signed a consortium agreement. Among them, the agreement stipulates: "3. The consortium will submit the bidding documents in strict accordance with the requirements of the bidding documents, perform the contract, and bear joint and several responsibilities externally"; "4. The internal division of responsibilities of each member unit of the consortium is as follows: Jiangsu Kaijin Ecological Environment Co., Ltd. is responsible for hosting the bidding and contract implementation stage, and is responsible for material procurement, engineering construction until it is qualified for completion and acceptance, and warranty during the defect liability period; Anhui Shui Mu Construction Engineering Group Co., Ltd. is responsible for the cooperation and coordination in the contract implementation stage, except for the landscaping construction quantity, until the completion acceptance and the warranty during the defect liability period.
On February 20th, 2021, Chuzhou Key Project Construction Management Office, Jiangsu Kaijin Ecological Environment Co., Ltd. and Anhui Shui Mu Construction Engineering Group Co., Ltd. signed the Landscaping Project Construction Contract (GF-2020-2605) for Longpanhe Park Phase III project.
In March, 2021, introduced by the builder of the project department, the Longpanhe Park Phase III project department subcontracted the construction of two public toilets and management rooms in Longpanhe Park Phase III project No.1 and No.2 to natural person Liu Mouqiang (male, XX, Group X, Village X, Village X, Xinshao County, Hunan Province, ID number: 4305221987XXXXXXXX). Subsequently, Liu Mouqiang and partner Liu Moudong found Duan from the local area. On July 4th, due to problems such as unqualified construction quality, Longpanhe Park Phase III Project Department ordered it to leave. After that, Liu Mouqiang organized workers to collect materials, clean up the scene and prepare to leave.
(2) On November 26th, 2020, Chuzhou Key Project Construction Management Office made public bidding for the supervision of Longpanhe Park Phase III project (the second time). On January 27, 2021, the project was opened and won by Jiangsu Open Source Engineering Consulting and Supervision Co., Ltd. On February 2, 2021, the bid-winning notice was issued, and the bid-winning price was 48.2% of the price standard stipulated in the Notice of the Ministry of Construction of the National Development and Reform Commission on Printing and Distributing the Provisions on the Management of Construction Project Supervision and Related Fees (No.670 [2007] of the Development and Reform Commission). The bid-winning period (supply period) was from February 3, 2021 to 2022.
On February 6, 2021, Chuzhou Key Project Construction Management Office and Jiangsu Open Source Engineering Consulting and Supervision Co., Ltd. signed the Construction Project Supervision Contract (GF-2012-0202) for Longpanhe Park Phase III Project.
(two) the accident related units and individuals.
1. Construction management unit
(1) Chuzhou Key Project Construction Management Office (hereinafter referred to as "Key Office"), with unified social credit code: 123411005532839441; Type: fully funded institutions; Address: Jianshe Building, Langya West Road, Chuzhou City; Legal Representative: Zhang; Start-up capital: 1.288 million yuan, valid from March 27, 2019 to March 27, 2027; Purpose and business scope: responsible for the organization, implementation, coordination and management of urban infrastructure projects invested by the government at the same level, public welfare social projects and other key projects designated by the municipal government; Responsible for on-site management and coordination, project quality, safety production, technical file management, disbursement of funds according to project progress, preparation of project final accounts, completion report and participation in project completion acceptance. According to the Notice of the Office of Chuzhou Municipal People’s Government of the Office of Chuzhou Municipal Committee of the Communist Party of China on Adjusting the Function Allocation, Internal Organizations and Staffing of Chuzhou Key Project Construction Management Office (Chu Ban Zi [2019] No.58), the key offices are composed of: comprehensive planning department, comprehensive coordination department, engineering construction department I, engineering construction department II, engineering construction department III, engineering supervision department, public utilities department and municipal landscape management center, municipal facilities management center, and so on. Among them: Ding Moming, member of the leading party group of the key department and director of the municipal facilities management center, is in charge of the public utilities department and the above three management centers.
After the signing of the construction contract for the third phase of Longpanhe Park, the city landscape management center will be responsible for the specific work. In February, 2021, the City Landscape Management Center arranged for Wang Mogu, the chief of the Engineering and Technology Section, to be stationed at the third phase project site of Longpanhe Park, and to exercise the owner’s management duties on behalf of key departments.
(2) Unified social credit code of Chuzhou Landscape Management Center (hereinafter referred to as "Garden Center"): 12341100486089323D；; Type: fully funded institutions; Address: 8th Floor, Forestry and Landscape Bureau, No.81 Huayuan West Road, Chuzhou City; Legal Representative: Fang Mougou; Start-up capital: 7.26 million yuan, valid from January 15, 2020 to January 15, 2025; Purpose and business scope: urban landscaping construction and management.
2. The consortium contractor
(1) Jiangsu Kaijin Ecological Environment Co., Ltd. (hereinafter referred to as "Kaijin Company"), unified social credit code: 91320115733176855B(1/9), type: limited liability company, domicile: No.8 Shuige Road, Jiangning Economic and Technological Development Zone, Nanjing, legal representative: Zhang, registered capital: 110 million yuan only, date of establishment. Construction of ancient garden buildings; Municipal engineering construction; Building decoration, etc. It has the qualification certificate of construction enterprise, with the certificate number of D332071428, and the validity period: February 5, 2021 (Note: Notice of the General Office of the Ministry of Housing and Urban-Rural Development on Relevant Matters Concerning the Qualification Extension of Construction Engineering Enterprises (J.B.H. [2020] No.334): the validity period of relevant qualification certificates is extended to December 31, 2021); Qualification category and grade: general contracting of construction engineering, general contracting of water conservancy and hydropower engineering, general contracting of municipal public works, professional contracting of ancient architecture engineering, professional contracting of urban and road lighting engineering and professional contracting of environmental protection engineering; Hold the safety production license: (Su) JZ Anxu Zhengzi [2007]010917, valid from May 5, 2019 to May 4, 2022.
On March 2, 2021, Kaijin Company established Longpanhe Park Phase III Project Department (hereinafter referred to as Longpanhe Project Department) with the document of Kaijin Eco-herringbone [2021] No.04. The company appointed Li Mounan as the project manager (builder’s certificateNo.: Su 23211XXXXXXXX, valid until January 8, 2023; Project leader’s safety qualification certificate number: Su Jian ‘an B (2017) 050xxxxx, valid until February 24, 2023), technical leader Pan Mouhua, safety officer Chen Mou Yu (safety production management personnel certificate number: Su Jian ‘an C2 (2020) 002xxxxx, valid until October 23, 2023), and quality controller Dong Mounan, with information. Office of the Project Department: south of the intersection of Longpan River and Jinling Road, Chuzhou City. At the end of March 2021, the project department entered the site and started construction. During the construction period, Chen Mou Yu, the full-time safety officer determined during the bidding, was responsible for data sorting in the project department, and Xu Moucheng, the safety officer actually responsible for safety management at the site, had no safety officer qualification certificate.
On June 1, 2021, Kaijin Company hired a natural person Cheng Mou (without the qualification certificate of safety production management personnel) to take charge of the accident site management. By the time of the incident, the two parties had not signed an employment agreement.
(2) Anhui Shui Mu Construction Engineering Group Co., Ltd. (hereinafter referred to as "Shui Mu Company"), unified social credit code: 91341125394205374C(1-1), type: limited liability company (invested or controlled by a natural person), domicile: Floor 1, JD.COM International Building, Dingyuan County, Chuzhou City, Anhui Province, legal representative: Wei Mochun, registered capital:. Special design of engineering design, architectural decoration, building curtain wall, building intelligence, lighting and fire protection facilities in the construction industry; -urban landscaping, etc. Having the qualification certificate of construction enterprise,No.: D234061897, and the validity period: December 21, 2022; Qualification category and grade: Grade II general contracting of building engineering, Grade II specialized contracting of waterproof, anticorrosion and thermal insulation engineering, Grade II specialized contracting of building curtain wall engineering, Grade II specialized contracting of building decoration and decoration engineering, Grade II general contracting of municipal public works. Hold the safety production license: (Wan) JZ Anxu Zhengzi [2016]002407, valid from August 30, 2019 to August 29, 2022.
3. Supervision unit
Jiangsu Open Source Engineering Consulting and Supervision Co., Ltd. (hereinafter referred to as "Open Source Company"), unified social credit code: 9132000060895833XB(1/4), type: limited liability company, domicile: Building 08, Dingshan Urban Industrial Park, Pukou District, Nanjing, legal representative: Wang Mouhuai, registered capital: 10 million yuan, date of establishment: 1995. General project management services; Bidding agency services, etc. The company holds the qualification certificate of engineering supervision, the certificate number is E132003824-4/1, and the validity period is June 27, 2023; Business scope: Grade A of housing construction engineering supervision and Grade A of municipal engineering supervision, and can carry out project management and technical consultation of corresponding similar construction projects.
On February 20th, 2021, the open source company established the "Longpanhe Park Phase III Project Supervision Department" with Su Kaiyuan [2021] No.07 (hereinafter referred to as the Longpanhe Project Supervision Department). The project director is Zheng Yeming (the registered practice certificate number of supervision engineer is 3400XXXX, and the registered major is housing construction engineering and municipal public works, and the validity period is until May 10th, 2024; Professional supervision engineer Hu Mohong (supervision engineer certificate number: 2101JL00000XXXXX, valid until May 10, 2024), professional supervision engineer Wang (supervision engineer certificate number: Su Jian Jian Jian zhuan 20200XXXXX), witness Wang (witness certificate number: JZJN(2020)0XXXXX).
(3) Information on administrative licensing
After investigation, the third-phase construction project of Longpanhe Park in Chuzhou City is a key project of the municipal government in 2021. When applying for land use approval, it coincides with the decentralization of land approval authority from the provincial level to the municipal level, so the construction permit has not yet been obtained.
(four) the scene of the incident
The accident occurred in the construction enclosure area on the south side of the intersection of Longpanhe Park and Ziwei Road. The east side of the accident site is the construction area fence, the west side is the open space, the south side is the Ziwei Tianyue community fence, and the north side is the prefabricated house (which was rented by Liu Mouqiang and Liu Moudong when they entered the site in April, and was used as a resting place for Liu Moudong’s daily care site materials and a temporary Chinese dining hall for workers). The south side of the prefabricated house was equipped with an outdoor air-conditioning host, and the deceased was lying in the east with one hand broken. The cable is connected from Ziwei Tianyue Community on the south side of the construction area (see Figure 3).
Figure 1 Site Plan Location Map
Figure 2 Accident scene map
Fig. 3 wiring diagram
(five) the situation of the dead
Liu Modong, male, Han nationality, 43 years old, natural person, home address: XX, Group X, a village in Muchuan County, Leshan City, Sichuan Province, ID number: 5111291978XXXXXXXX, who lives in the prefabricated house on the construction site every day, is responsible for on-site management and care of materials and cooking, and was electrocuted in the accident.
(6) Weather conditions
According to the investigation, on July 14th, Chuzhou was sunny and cloudy, with the lowest temperature of 26 degrees Celsius and the highest temperature of 37 degrees Celsius. The southerly wind changed from 3-4 to 1-2, and the relative humidity was 0.91%.
Second, after the accident
As only one person was present at the scene when the incident occurred, it was impossible to know the scene conditions at the time of the incident by asking others. Only by reading the video data of the monitoring probe on the wall of Ziwei Tianyue Community in the south of the incident site, the situation at the time of the incident can be restored:
At 10: 34 a.m. on July 14th, 2021, three workers packed up materials, tools and other sundries on the west side of the prefabricated house. Liu Moudong was naked and wearing slippers to watch, and then returned to the prefabricated house. The three workers also left the scene successively.
At 10: 36: 29, Liu Moudong went to the accident site on the south side of the prefabricated house to check the cable situation (according to the investigation, on the morning of the accident, an excavator passed by the south side of the prefabricated house, which may have broken the cable on the ground). At that time, two workers also walked nearby, suspected to discuss the power failure of the cable. Subsequently, Liu Moudong returned to the board room and took the electrician’s pliers, and connected the electricity at the broken end of the cable. When the electricity was connected, he was shocked by the current. After the connection, Liu Moudong returned to the movable board room; During the period, two workers watched the electricity connection, and then they also entered the movable board room;
At 10: 41: 56, two workers left the prefabricated house;
At 10: 43: 29, Liu Moudong came out of the prefabricated room, holding a vise and a red plastic bag in his hand, came to the broken line, wrapped his hand in a plastic bag, and began to connect the cable. During this period, he was shocked twice and returned to the prefabricated room after the connection;
At 10: 46: 40, Liu Moudong came out of the movable board room again and connected the electricity to the broken end of the cable again;
At 10: 50: 11, a worker dressed in black came to the scene and stood by to watch Liu Moudong connect the electricity; At 10: 50: 24, the worker left the scene;
At 10: 51: 27, Liu Moudong was shocked to the ground when he bent down to connect the cable again, and never stood up again. At this time, no one else was seen at the scene.
At about 11 o’clock, workers Duan Mocai and Wang Mogen of the project department cleared the scene at the construction site of the third phase of Longpanhe Park on Fengyang North Road. The main job was to tidy up the steel pipes. At 11 o’clock in the morning, the two came to the construction site and prepared to have lunch in the prefabricated room (usually the prefabricated room is used as a canteen, and the deceased Liu Moudong is responsible for making lunch). Entering the room from the door on the north side of the prefabricated house, Liu Moudong was not found (normally, Liu Moudong would cook meals in the prefabricated house at this time) and the air conditioner in the room was not turned on. Duan only walked to the south side of the prefabricated house, and he saw Liu Moudong lying on his back on the ground 5 or 6 meters away from the prefabricated house. He walked in and saw Liu Moudong holding a black wire under his head with his left hand, and his right hand was naturally stretched out beside him. The whole person was pale and pale. Later, Duan used a stick to pick up the wire from Liu Moudong and cut off the power, and called 120 emergency number (the time was 11:07). The 120 ambulance arrived at the scene soon. After examination by the emergency doctor, the injured person had no vital signs and was declared dead. Duan Mou called 110 again. Soon, the Chuzhou Public Security Bureau rushed to the scene by the police of Wenfeng Road Police Station of the Development Zone Branch to investigate the scene and bring the relevant personnel to the police station for inquiries.
Iii. Emergency Response and Rescue of Accidents
After the accident, at 11: 08 am, Liu Mouqiang, who was returning the rented steel pipe outside, immediately took a taxi to the scene of the accident after receiving a phone call from Wang; At 11: 20, Liu Mouqiang called Liu Mouqing (180XXXX9100), the budget officer of the project department, to report the accident. After Liu Mouqiang arrived at the scene of the accident, Cheng Mou, the person in charge of the project department, Ni Mou, the material buyer of the team, and other personnel had arrived at the scene. At that time, the 120 ambulance had gone back, but the 110 police were still on the scene. Subsequently, the forensic doctor rushed to the scene to conduct an on-site autopsy. Subsequently, the police informed the funeral home to transport the deceased to the funeral home, and Liu Mouqiang went to the funeral home with the car to sign.
At 15: 54 on the same day, Hang Moupeng, director of the key department, received a WeChat from Dou Mouwen, the municipal government office, asking whether there was an accident in the third phase of Longpanhe Park. Hang Moupeng transferred the WeChat to Ding Mouming, member of the Party Committee of the key department and director of the municipal facilities management center (in charge of the public utilities department and the garden landscape management center of the key department), asking him to verify the accident. Ding Mouming, who was in a meeting, asked Fang Mougou, director of the Landscape Management Center, about the accident at the first time. Fang Mougou replied that he didn’t know the accident either, so Ding Mouming asked Fang Mougou to rush to the scene to understand the accident. After the meeting, he rushed to the Longpan River Project Department at 16: 25, and called the supervision department of the key department on the way to ask them to rush to the Longpan River Project Department. At 15: 58, on the way to the Longpan River Project Department, Wang Mougu received a phone call from Zhang Mouru, the public utility department of the key department, saying that something had happened to the third phase of the Longpan River Park, and Wang Mougu rushed to the project department. Other relevant personnel also rushed to Longpanhe Project Department after learning the information. After understanding the preliminary situation of the accident, Li Mounan reported to Wang Mogu. After Ding Moming arrived at the scene, he asked to set up a special work class immediately: one is to inquire about the accident in detail, and the other is to urge the project department to do a good job in the aftermath. At the same time, Ding Mouming arranged for Zhang, deputy director of the office of the Garden Landscape Management Service Center, to report the accident to the Municipal Emergency Bureau, and Zhang Jun telephoned the Municipal Emergency Bureau at 16: 59.
After receiving the accident report, the relevant leaders of the Municipal Emergency Management Bureau led the relevant personnel to rush to the scene of the accident, investigate the scene of the accident and guide the aftermath of the accident.
On July 17th, Kaijin Company reached a compensation agreement with the family of the deceased. The aftermath of the accident was handled in a timely manner, and there was no incident that affected social stability.
From the process of this emergency response, Longpanhe Project Department’s post-site protection was good, but the site was not properly handled, the emergency plan was not started in time, and the information was not submitted in time.
Fourth, the accident losses
One person was killed in the accident, and the direct economic loss was about 1.9 million yuan.
V. Cause of the accident
(A) the direct cause
1. When temporary electricity is connected, it is directly connected from the lower opening of the electric meter, without leakage protector and safety protection measures;
2. Liu Moudong’s safety awareness was weak, and he did not have an electrician’s operation certificate. Without taking corresponding insulation protection measures, he repeatedly violated the rules and risked live working, which eventually led to the accident.
(2) Indirect causes
1. Kaijin Company failed to implement the main responsibility for production safety, and entered the site for illegal construction without a construction permit; Inadequate supervision and inspection of the safety production work of Longpanhe Park Phase III Project Department; There are some problems in the project department of Longpanhe Park Phase III, such as ignoring the package and chaotic on-site safety management.
2. Shui Mu Company, as a member of the consortium, failed to implement the main responsibility of production safety, and failed to supervise and inspect the production safety work of Longpanhe Park Phase III Project Department.
3. The open source company failed to implement the supervision responsibility, failed to stop the illegal construction of the contractor without a construction permit, and failed to report to the competent department; Failing to effectively urge the construction party to strengthen on-site safety management, failing to find out the potential safety hazards of temporary electricity consumption on the construction site in time and urging the rectification in place.
4. The key points failed to seriously fulfill the owner’s safety management responsibilities, the project construction did not have a construction permit, and the safety hazards such as temporary electricity consumption in the project were overlooked.
VI. Nature of the accident
After investigation, it was found that this was a general production safety accident.
Seven, accident responsibility identification and treatment suggestions
(1) Persons exempt from accountability
Liu Modong, male, Han nationality, 43 years old, is a natural person. He lives in the prefabricated house on the construction site every day, and is responsible for on-site management and taking care of materials and cooking. He has a weak sense of safety, and illegally connects temporary power lines. Without taking corresponding insulation protection measures, he has repeatedly ventured to work with electricity, which eventually leads to electrocution and is directly responsible for the accident. In view of his death in the accident, it is suggested that he should not be held accountable.
(2) Suggestions on handling the persons responsible for the accident.
1. Cheng Mou, male, 40 years old, ID number: 3401221971XXXXXXXX, the site manager of Longpanhe Park Phase III project of Jiangsu Kaijin Ecological Environment Co., Ltd., failed to manage the safety of the project site, lacked the investigation and management of hidden dangers, and the hidden safety hazards existed for a long time; If the accident is not reported to the project department in time, the main management responsibility shall be borne for the accident. The above acts violate the provisions of Article 22, paragraph 5, Article 23 and Article 80 of the Law of People’s Republic of China (PRC) on Work Safety (Decree No.13 of the former President of the State), and it is suggested that the project department of Longpanhe Park Phase III be dismissed and removed from the scene.
2. Li Mounan, male, 31 years old, ID number: 3403211990XXXXXXXX, project manager of Longpanhe Park Phase III project of Jiangsu Kaijin Ecological Environment Co., Ltd., the first person in charge of safety production in the project department, failed to perform the statutory safety production management duties and entered the site for illegal construction without a construction permit; Inadequate supervision and inspection of the project site, inadequate safety management, and long-standing security risks; The education and training of employees is not in place, and there is a phenomenon of "three violations"; Failing to carry out emergency plan drills as required, and taking the main management responsibility for the accident. The above acts violate the provisions of the second, fourth and fifth paragraphs of Article 22 and Article 23 of the Law of People’s Republic of China (PRC) on Work Safety (Decree No.13 of the former President of the State). According to Item (1) of Article 45 of Measures for Administrative Punishment of Illegal Acts in Work Safety (Order No.15 of the State Administration of Work Safety, as amended by Order No.77), it is suggested to impose a fine of 9,000 yuan.
3. Zhang, male, 45 years old, ID number: 3201211976XXXXXXXX, legal representative of Jiangsu Kaijin Ecological Environment Co., Ltd., the first person in charge of production safety, failed to perform the statutory duties of production safety management, and entered the site for illegal construction without a construction permit; Failing to supervise and inspect the safety production work of the third phase project department of Longpanhe Park, and taking the main leadership responsibility for the accident; After the accident, if it is not reported to the municipal emergency management department and the department responsible for safety supervision within the prescribed time limit, it shall be directly responsible for the late repayment of accident information. The above acts violate the provisions of Article 5, Paragraph 5 and Paragraph 7 of Article 18 of People’s Republic of China (PRC) Law on Work Safety (Decree No.13 of the former President of the State). According to the second paragraph of Article 106 of the Law of People’s Republic of China (PRC) on Work Safety (Decree No.13 of the former President of the State), it is suggested that it should be fined 70% of its annual income of two hundred and ten thousand yuan (210,000 yuan) in the previous year, totaling one hundred and forty-seven thousand yuan (147,000 yuan).
4. Wei Mochun, male, 35 years old, ID number: 3401041986XXXXXXXX, legal representative of Anhui Shui Mu Construction Engineering Group Co., Ltd., the first person in charge of safety production, failed to perform the statutory safety production management duties, neglected to supervise and inspect the safety production work of Longpanhe Project Department, and should bear the leadership responsibility for the accident. The above acts violate the provisions of Article 5 and Paragraph 5 of Article 18 of People’s Republic of China (PRC) Law on Work Safety (Decree No.13 of the former President of the State). According to the provisions of Article 92 of the Law of People’s Republic of China (PRC) on Work Safety (Decree No.13 of the former President of the State), it is suggested that it should be fined 30% of its annual income of 140,000 yuan (140,000 yuan) in the previous year, totaling 52,000 yuan (52,000 yuan).
5. Zheng Moming, male, 37 years old, ID number: 3411021984XXXXXXXX, chief supervision engineer of Longpanhe Park Phase III project of Jiangsu Open Source Engineering Consulting and Supervision Co., Ltd., failed to strictly perform supervision duties, and failed to stop the illegal construction of the construction unit without a construction permit and did not report to the competent department; Oversight of the on-site security officer’s taking up his post without a license and regardless of the package; Failing to find and eliminate the major safety risks and hidden dangers in the construction in time, it should bear the main supervision responsibility for the accident. The above acts violate the provisions of Article 32 of the People’s Republic of China (PRC) Construction Law, Article 14 of the Regulations on the Administration of Work Safety in Construction Projects and Item (1) of Article 45 of the Measures for Administrative Penalties for Violations of Work Safety (revised by Decree No.15 and Decree No.77 of the former State Administration of Work Safety). According to Item (1) of Article 45 of Measures for Administrative Punishment of Illegal Acts in Work Safety (Order No.15 of the former State Administration of Work Safety, as amended by Order No.77), it is suggested to impose a fine of Qian Lu Yuan (6,000 yuan).
6. Wang Mouhuai, male, 59 years old, ID number: 3201071962XXXXXXXX, the legal representative of Jiangsu Open Source Engineering Consulting and Supervision Co., Ltd., failed to strictly perform the statutory supervision duties, and did not stop the illegal construction of the construction unit without a construction permit and did not report to the competent department; The supervision department of the third phase project of Longpanhe Park neglected to supervise and inspect the production work, and should bear important supervision responsibility for the accident. The above acts violate the provisions of Article 38 of the People’s Republic of China (PRC) Law on Work Safety (Decree No.13 of the former President of the State), Article 32 of the People’s Republic of China (PRC) Construction Law and Article 14 of the Regulations on the Administration of Work Safety in Construction Projects. According to the provisions of Article 92 of the Law of People’s Republic of China (PRC) on Work Safety (Decree No.13 of the former President of the State), it is suggested to impose a fine of 30% of its annual income of one hundred and twenty thousand yuan (120,000 yuan) in the previous year, totaling thirty-six thousand yuan (36,000 yuan).
7. Wang Mogu, male, 40 years old, ID number: 3403221981XXXXXXXX, chief of engineering technology department of Chuzhou Landscape Management Center, representing the key project construction management office of Chuzhou City, as the representative of the owner of Longpanhe Park Phase III project, failed to seriously fulfill the owner’s safety management responsibility and handle the construction permit in time; Oversee the hidden dangers such as temporary power consumption in the project, and be responsible for the management of accidents. It is suggested that the municipal key project construction management office should deal with it according to the cadre management authority.
(three) suggestions on the handling of the relevant responsible units
1. Jiangsu Kaijin Ecological Environment Co., Ltd., the lead contractor of Longpanhe Park Phase III project consortium, failed to seriously perform the statutory main responsibility of production safety, and entered the site for illegal construction without a construction permit; Failing to establish a system for investigation and management of hidden dangers in production safety; The project department of the third phase of Longpanhe Park illegally subcontracted the project to natural persons; The full-time safety management personnel of the project department are insufficient, the on-site safety officer is on duty without a license, and the on-site management is lacking; The "three-level" safety education and training of employees is not in place, and the coverage is not complete. Employees work at their posts without safety assessment; Daily safety inspection and hidden danger investigation and management go through the motions, and the hidden danger of temporary electricity consumption exists for a long time; Failing to carry out emergency plan drills as required; Failing to report to the emergency management department, the housing construction department and the owner within 1 hour after the accident, and bearing the main management responsibility for the occurrence of the accident and the late report of the accident. The above acts violate the provisions of Articles 4, 25, 38, 41 and 80 of the Law of People’s Republic of China (PRC) on Work Safety (Decree No.13 of the former President of the State). According to the provisions of Article 109 of the Law of People’s Republic of China (PRC) on Work Safety (Decree No.13 of the former President of the State), it is suggested to impose a fine of 340,000 yuan.
2. Jiangsu Open Source Engineering Consulting and Supervision Co., Ltd. failed to strictly perform its engineering supervision duties and failed to stop the illegal construction of the project without a construction permit in time; Failing to effectively urge the construction party to strengthen on-site safety management, failing to timely discover and urge the rectification of long-standing safety hazards on the construction site; The supervisor failed to find out in time that the full-time security officer on the construction site was on duty without a license, and was responsible for the accident. The above acts violate the provisions of Article 32 of the People’s Republic of China (PRC) Construction Law, Article 14 of the Regulations on the Administration of Work Safety in Construction Projects and Item (1) of Article 45 of the Measures for Administrative Penalties for Violations of Work Safety (revised by Decree No.15 and Decree No.77 of the former State Administration of Work Safety). According to Item (1) of Article 45 of Administrative Punishment Measures for Illegal Acts in Work Safety (Order No.15 of the former State Administration of Work Safety, as amended by Order No.77), it is suggested to impose a fine of 20,000 yuan (20,000 yuan).
3. Anhui Shui Mu Construction Engineering Group Co., Ltd., one of the contractors of Longpanhe Park Phase III project consortium, failed to seriously perform the statutory main responsibility of production safety, failed to supervise and inspect the investigation and management of hidden dangers in production safety in Longpanhe Park Phase III project department, and was responsible for the accident. The above acts violate the provisions of Item (1) of Article 45 of the Measures for Administrative Punishment of Violations of Work Safety (Order No.15 and Order No.77 of the former State Administration of Work Safety), and according to the provisions of Item (1) of Article 45 of the Measures for Administrative Punishment of Violations of Work Safety (Order No.15 and Order No.77 of the former State Administration of Work Safety), it is suggested to impose a fine of 20,000 yuan (20,000 yuan).
4. Chuzhou key project construction management office failed to seriously fulfill the owner’s responsibility of unified coordination and management of production safety; It is responsible for the management of accidents by neglecting the performance of key positions of all parties involved in the project and the hidden dangers such as temporary power consumption on the construction site. It is suggested that it be ordered to make a profound written inspection to the municipal government.
(4) Other suggestions
It is suggested that the relevant units and individuals involved in the construction of this project who have not applied for the construction permit and illegally entered the site should be handled by the Municipal Bureau of Urban Administration and Law Enforcement according to the law.
VIII. Preventive Measures and Suggestions
The lessons of this accident are extremely profound. In order to effectively prevent and contain the accident, it is suggested that the following preventive measures should be taken:
(a) the consortium leader and participating units should strictly implement the main responsibility for production safety, establish and improve the responsibility system for production safety for all employees, and implement the responsibility for production safety at all levels; Strengthen the safety education and training of employees, focusing on the study and training of rules and regulations and operating procedures, enhancing employees’ safety awareness and self-prevention ability, and putting an end to "three violations"; Complete the on-site safety management personnel, strengthen the safety management of the construction site and operation teams, intensify the investigation and management of on-site hidden dangers, eliminate the blind spots and dead corners of safety management, and effectively improve the level of safety production management.
(II) The supervision unit shall carry out supervision in strict accordance with relevant laws, regulations and mandatory engineering standards, earnestly perform supervision duties, and timely require the construction unit to immediately rectify and implement closed-loop management if potential safety accidents are found in the supervision process.
(three) the construction unit should strictly implement the responsibility of the employer for safety production management, standardize the project construction procedures, equip the necessary safety management personnel, and strictly manage the construction contract and project construction process to ensure the safe operation of the construction project; It is necessary to urge the responsible subjects of all parties involved in the construction to conscientiously perform their duties of safety production management and prevent the recurrence of production safety accidents.
(4) The competent departments of relevant industries should strengthen the supervision and management of safety production of construction projects in accordance with the provisions of the Law on Safety Production, which stipulates that "safety must be managed in the industry, business, production and operation", and urge construction, construction, supervision and other contractors to strictly implement the main responsibility of safety production and strictly implement laws, regulations, rules and mandatory standards for engineering construction; It is necessary to standardize the order of the construction market, strengthen the supervision and inspection on the quality and safety of the whole process of engineering construction, strengthen the supervision and management of various construction behaviors of construction, construction, supervision, labor subcontracting and other units, urge relevant units to strictly fulfill the legal procedures for construction projects, standardize all administrative examination and approval procedures for projects as soon as possible, strengthen management, and put an end to the behavior of building without approval and approving while building to ensure the safety of engineering projects.
                                                          "July 14th, 2021" electric shock accident investigation team of the third phase project of Longpanhe Park in Chuzhou City.
                                                                                                                                        September 14th, 2021
(Note: The relevant private information has been dealt with in this public version)
Attachment-Su Jian Zhi An [2022] No.129. doc
