The construction unit did not approve the construction first, and did not apply for the approval of the construction permit of construction project after the change of the construction unit Before construction, organize the construction unit to start construction without authorization
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Considering the positive performance of the enterprise after the incident, it is suggested that the enterprise should be given administrative punishment according to the lower limit of relevant laws and regulations
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It is suggested that the Emergency Management Bureau of Xuzhou district should impose administrative penalties on them according to law, and send a copy to the competent construction department where the company is located, and give bad records according to industry regulations
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Without preparing the special construction scheme for tower ceiling lifting, the installation and removal personnel of the company were assigned to enter the site for tower ceiling lifting, resulting in the installation and removal personnel violating the operating procedures and risking operation during the operation, resulting in equipment falling accidents
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It is suggested to impose administrative penalties on them, and the competent construction department shall give bad records
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He is mainly responsible for the management of the accident and is suspected of the crime of major accident
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( 2) Zhao Hai, legal representative of the construction unit (and general manager of the company), the main responsibility for safety production is not implemented
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We turned a blind eye to the outstanding problems such as the construction of the project without approval, the affiliation of the project manager, the undocumented appointment of the project executive manager, and the construction unit’s long-term fraudulent signature under the name of “Yang Ling”
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Under the action of load and impact gravity, The balance arm of the tower crane deformed and bent at the lower section 4, causing the tower crane to rotate above and the jacket to roll over in the direction of the balance arm, and all fell off
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It is suggested that Gongxian Emergency Management Bureau should impose administrative punishment on him according to law
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The on-site supervision personnel did not stop the serious violations of laws and regulations such as the construction of the project without approval, the unqualified project executive manager (signing under the name of “Yang Ling” for a long time), the tower crane without preparing a special construction scheme, etc
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( 6) Huang Tao, director of the Engineering Department of the construction unit, is specifically responsible for the progress, quality, safety and cost management of the company’s bid winning projects
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It is suggested to give administrative punishment (15 persons)( 1) You Yuanping, legal representative of Yibin Kaifeng construction equipment installation and Leasing Co., Ltd., actual controller of accident tower crane property right and subsequent installation
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The construction unit is ordered to suspend business for rectification for 60 days; The affiliated project manager’s registration certificate of first-class constructor whose registered specialty is construction engineering is revoked and will not be registered within 5 years; The director’s registered practice certificate of registered supervision engineer is revoked and will not be registered within 5 years
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During the jacking process, when the right side of the jacking beam is installed in place, but the left side of the jacking beam is not correctly installed in place and is in normal stress state, the operator starts the jack to start stress until the left side of the jacking beam cannot bear the load of the upper mechanism of the whole tower crane, and the gravity falls off
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In 2020, the first instance judgment of China judicial document network: criminal judgment of first instance of Du Yuangen, Feng Jianhua and Xiao Jian on the crime of major liability accident I
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We neglected the prominent problems in the leasing and installation of tower cranes on the construction site, organized supervisors without post certificates to stand on the sidelines, and the on-site supervisor was relieved of his post at the time of the incident
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He has important management responsibility for the accident
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( 3) Hu guode, general manager of the construction unit (and executive manager of Gongxian masland International (hotel) community project)
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Personal punishment: it is suggested that 3 persons (defendants in this case) be investigated for criminal responsibility( 1) Du Yuangen, technical director of tower crane installation of Yibin Kaifeng company (legal representative of Yibin Kaiqiang construction equipment installation and Leasing Co., Ltd.), has seriously neglected his duty
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It is suggested that Gongxian Emergency Management Bureau should impose administrative punishment on him according to law
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Du Yuangen, the technical director of the actual leasing unit of tower crane, committed the crime of major liability accident and was sentenced to fixed-term imprisonment of two years and suspended for three years; 2、 Feng Jianhua, the executive manager of the construction unit, actually performs the duties of the project manager, but does not have the corresponding professional qualification of the project leader, and signs the name of the project manager “Yang Ling” for a long time, commits the crime of major liability accident, and is sentenced to fixed-term imprisonment of one year and suspended for two years; 3、 Xiao Jian, chief supervision engineer of the supervision unit, committed the crime of major liability accident and was sentenced to fixed-term imprisonment of one year and suspended for two years
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It is suggested that Yibin Emergency Management Bureau should impose administrative punishment on it according to law, and send a copy to the competent construction department where the company is located, and give bad records according to industry regulations
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On February 24, 2019, the tower crane of building 10 of masland International (hotel) community project in Gong county, Yibin City, Sichuan Province collapsed during jacking operation, resulting in the death of three workers under construction from high altitude
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Supervision unit and labor service unit
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It is suggested that the public security organ file a case for investigation because he is suspected of the crime of major accident( 3) Xiao Jian, the chief supervision engineer of the project dispatched by the supervision unit, failed to perform the supervision duties in strict accordance with laws and regulations
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Construction unit
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It is suggested that Yibin Municipal Bureau of housing and urban rural development report to the superior to revoke its supervisor qualification certificate
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( 2) Feng Jianhua, the executive manager of the construction unit in the project, does not have the corresponding professional qualification of the project leader
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It is suggested that the company be instructed to remove its on-site deputy general manager and be given administrative punishment by Yibin Emergency Management Bureau according to law
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Construction unit
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It is suspected of the crime of major liability accident, and it is suggested that the public security organ file a case for investigation
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On July 8, 2021, the Ministry of housing and urban rural development issued 6 punishment documents, of which 3 were responsible for the tower crane accident in Yibin
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( 5) Luo Wenbin, deputy general manager of the construction unit (appointed orally by Zhao Hai, the legal person of the company, is specifically responsible for the construction of Gongxian masland International (hotel) community project)
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Organize the personnel of the project department to falsely sign under the name of “Yang Ling” for a long time; In the process of organizing the project construction, the safety responsibility was not implemented, the safety training and technical disclosure of new operators were not supervised, and the dangerous parts and links on the construction site were not controlled by special personnel
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It is suggested that the public security organ file a case for investigation
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Individual supervisors on site did not have post certificates, and the supervisor was not arranged to stand by at the jacking operation site at the time of the incident
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The collapse of Yibin tower crane caused 3 deaths, and there were many problems such as project manager’s affiliation, supervisor’s off-duty and so on
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It is suggested that the company be instructed to remove its director of Engineering Department.
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After the intermediary personnel of the Commission contacted the tower crane lessee and signed the hoisting equipment lease contract with the lessee in the name of Kaiqiang company, they actually organized the subsequent installation process and instructed the installation and disassembly personnel of Kaifeng company to install
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The construction unit shall organize the tower crane installation unit and labor service company to enter the site for construction without the construction unit handling the construction permit of construction project; The company has obtained the filing permission of the supervision unit, the construction unit and the competent department of the industry by temporarily purchasing the project manager qualification certificate from the social intermediary and resorting to fraud; The person in charge of the site designated by the company does not have corresponding qualifications; The supervision of the on-site tower crane leasing and installation process of the project department is weak
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Indirect cause of photo source cover news: the tower crane installation site constructed by the tower crane leasing unit was disorganized
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According to the accident investigation report, the direct cause: the tower crane lifting operator (the deceased) violated the rules during the lifting of the tower ceiling of building 10 of masland International (hotel) community construction project
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It is suggested to impose administrative penalties on them
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( 4) Tu Xiaojing, chairman of the construction unit (one of the shareholders of the company)
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Unit punishment: tower crane leasing unit
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It is suggested to give administrative punishment, and the competent construction department shall temporarily withhold its work safety license and give bad records
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The supervision unit and the company reported that the dispatched supervisors of the project were inconsistent with the actual dispatched supervisors
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