Recently, Qidong people’s court made a first instance judgment on the crime of major labor safety accident
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The defendant Yang was sentenced to nine months’ imprisonment for committing the crime of major labor safety accident
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According to reports, Yang is the site manager of Jiangsu bajian Group Co., Ltd., responsible for the construction of Hongxing living town in Huiping town of Qidong City
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On March 20, 2019, in order to heighten the three door openings on the west side of Building 1 in Hongxing living Town, Yang informed the construction worker Shao to contact the scaffolder and set up the ground double row fastener type steel pipe scaffold on the west side of Building 1
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In the case of scaffold does not meet the safety technical standards, Yang did not carry out the safety acceptance according to the relevant provisions
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At about 8:40 on March 23, 2019, worker he fell to the northwest side of the scaffold and was injured when he was digging the wall in Building 1
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After rescue, he died on the same day
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After identification by the material evidence identification room of Qidong Public Security Bureau, he died of falling from height
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According to the production safety accident investigation team, Yang was mainly responsible for the accident
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Qidong court held that Yang did not comply with the safety technical standards and norms of construction scaffolding, and the safety acceptance of scaffolding caused the victim to fall to the ground and die during construction
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His behavior has constituted a major labor safety accident crime, and his criminal responsibility should be investigated according to law
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The person in charge of on-site production is responsible for on-site safety! Don’t think the shelf is a safety officer’s business any more! Investigation report on 3.23 falling accident in Hongxing Town, Qidong City at 8:40 am on March 23, 2019, a falling accident occurred in Building 1 of Hongxing town project in Huiping Town, Qidong City, causing one death
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According to the production safety law, regulations on the reporting, investigation and handling of production safety accidents and other laws and regulations, Qidong Municipal People’s government has established an accident investigation team led by the Emergency Management Bureau and composed of the supervision committee, the Public Security Bureau, the housing and Urban Rural Development Bureau, the Federation of trade unions and the people’s Government of Huiping town
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The accident investigation team conducted careful investigation, evidence collection, demonstration and Analysis on the scene of the accident
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Now the accident investigation report is as follows: 1
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Accident related units and project overview (1) Qidong GANGLONG household Co., Ltd
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(hereinafter referred to as GANGLONG household), unified social credit Code: 91320681ma1nkd2qxa; type: limited liability company; address: Group 15, Hongdong village, Huiping Town, Qidong City; legal representative: Wu Xiaofeng; registered capital: 20 million yuan only; date of establishment : March 16, 2017; business term: March 16, 2017 to March 15, 2037; business scope: home sales, exhibition services, real estate development, operation, civil engineering, municipal engineering, etc
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(for projects that need to be approved according to law, business activities can only be carried out with the approval of relevant departments)
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（2） Jiangsu bajian Group Co., Ltd
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(hereinafter referred to as bajian company), unified social credit Code: 913206815512215047; type: limited liability company; address: No
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1977, Renmin West Road, Qidong City; legal representative: Zhang Hui; registered capital: 108 million yuan only; date of establishment: March 10, 2010; business term: March 10, 2010 to March 9, 2030; business scope : contract the construction of industrial and civil construction projects (the above projects shall be operated with qualification certificate)
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（3） On March 1, 2017, GANGLONG home acquired the state-owned land use right of 66355.6 square meters at the junction of Renmin East Road and Zhongshan Road, Huiping Town, Qidong City through joint bidding
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On June 25, 2017, GANGLONG household and the eighth construction company signed the construction contract of the construction project, the project name is red star life town; the planned commencement date is June 25, 2017, the planned completion date is June 14, 2019; the project manager is Yang Longsheng
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2、 On March 21, 2019, Yang Jianshi, the site manager of the construction project of Hongxing life Town, called Zhan Dehua, a long-term cooperative social worker, and asked him to chisel the door on the west wall of the ground floor of Building 1 of Hongxing life town
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At 8 am on March 23, Zhan Dehua asked He Jing, the crusher who worked together, to work in Building 1 of Hongxing life town
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After he Jing arrives at the construction site, he asks Shao Wei, the construction worker at the construction site
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Shao Wei informs him of the relevant operation requirements and safety tips and then leaves
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He Jing alone makes preparations at the construction site
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At about 8:40 a.m., witness Chen Yongjun saw he Jing carrying a springboard between the platform and the scaffold on the second floor
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He was ready to run from the platform to the scaffold
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After a while, Chen Yongjun heard a sound and saw he Jing fall beside the scaffold on the west corner of the north side of building 1
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After the accident, He Jing was immediately sent to Qidong people’s hospital
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At 14:31 p.m., He Jing died after rescue
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3、 Investigation and evidence collection 1
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Yang Jianshi and Zhan Dehua’s records show that Zhan Dehua and He Jing are specialized in crushing operations, and Yang Jianshi calls them to work whenever the site needs them
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2
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Yang Jianshi and Zhu Saibo, the security officer, recorded that He Jing, the deceased, didn’t go to work on March 23 and didn’t go through the face recognition management system of the site personnel, and didn’t accept the safety technical disclosure on that day
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3
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Witnesses Chen Yongjun, Yang Jianshi and Zhu Saibo recorded that they did not see he Jing fall from the scaffold
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He Jing climbed directly from the platform on the second floor to the scaffold without taking the safety stairs of Building 1 during the operation
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4
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Zhang Zhubin and Zhu Saibo, the project leaders of the construction party, recorded that the scaffold was built temporarily and no protective net was installed
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5
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The record of Yang Longsheng, the project manager, showed that he was injured by his foot and had been recovering at home a few days before the accident
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Yang Jianshi was responsible for the management of the construction site
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4、 Casualties and economic losses caused by the accident one person died and the direct economic loss was more than 1.2 million yuan
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He Jing: male, Han nationality, born in December 2, 1970
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Address: No
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84, No
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five, Han Miao village, Longkang Town, Huaiyuan, Bengbu, Anhui
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The ID number is 340321********6450
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5、 Causes and nature of the accident (1) the direct cause of the accident is He Jing’s weak safety awareness and unauthorized climbing of scaffolding
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（2） Indirect reasons: 1
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The scaffold protection facilities of Hongxing living town are missing, the construction project department does not supervise and inspect the safety production work at the construction site, and does not find and eliminate the hidden dangers of production safety accidents in time
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（3） The nature of the accident the investigation team found that it was a production safety responsibility accident
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6、 Responsible person 1
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He Jing: weak safety awareness, unauthorized climbing scaffolding, directly responsible for the accident
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Handling suggestions: in view of He Jing’s death, He Jing will not be held responsible according to relevant national laws
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Yang Jianshi: construction site manager, responsible for the management of the project site, supervising and checking that the safety production work on the construction site is not in place, and the hidden dangers of production safety accidents are not found and eliminated in time, so he is mainly responsible for the occurrence of this accident
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Handling suggestions: the public security organ shall file a case for handling the illegal act
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（2） Relevant unit: No.8 Construction Co., Ltd.: supervise and inspect the safety production work on the construction site is not in place, and the hidden dangers of production safety accidents are not found and eliminated in time
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Responsible for the accident
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Treatment suggestions: the Municipal Emergency Management Bureau shall give administrative punishment according to the relevant laws and regulations on work safety
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7、 Accident prevention and rectification measures: the eighth construction company should draw lessons from the accident and strengthen safety management.
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