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At about 16:50 on November 18, 2019, in the second phase of expansion project of cement grinding station of Xuzhou Longshan Cement Co., Ltd., when pouring + 31.5m high-rise beam and slab concrete, the floor formwork support system collapsed in the central area, resulting in one death and five injuries, with a direct economic loss of about RMB 5 million
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On February 26, 2021, the first instance criminal judgment on the accident was issued by China judicial document network, and the actual person in charge of the construction was sentenced to one year and two months’ imprisonment
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In May 2019, without construction qualification, the defendant Li Yikui took over the expansion project of cement grinding station of Xuzhou Longshan Cement Co., Ltd
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in the name of Jiangsu Zhan * Construction Co., Ltd
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In the process of construction, the defendant, Li Yikui, as the person in charge of the actual construction unit, did not organize the preparation of construction organization design and special construction scheme for “large and dangerous projects” and expert argumentation, nor did he organize safety education and training, safety technical disclosure, etc
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for construction personnel entering the site
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In the afternoon of November 18, 2019, due to improper pouring construction method, the bearing capacity and stability of high formwork and support system were not up to standard, and the formwork support system was partially piled up and overloaded, resulting in local instability and overall collapse of formwork support system, resulting in casualties of workers under construction
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In March 2020, the people’s Government of Jiawang District, Xuzhou City, Jiangsu Province issued the investigation results of “11.18” high formwork collapse accident “of Xuzhou Longshan Cement Co., Ltd
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As a result, a number of violations were found
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Causes and nature of the accident (1) the direct cause of the accident is that the construction of the high formwork is not carried out according to the national standard, the bearing capacity and stability of the high formwork and support system are not up to the standard, and the local accumulation and overloading lead to the local instability and damage of the formwork support system and the overall collapse
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（2） Indirect reasons: 1
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The main responsibility of safety production of Jiangsu Zhan * Construction Co., Ltd
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is not implemented, and the responsibility system of safety production and safety management rules and regulations are not implemented in place
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The project manager and other construction management personnel were not assigned to the project site for construction management
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Li Mou Kui, who has no relationship with the company and does not have the qualification of relevant construction industry, is allowed to contract the project illegally
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2
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Xuzhou long * Cement Co., Ltd
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started the construction without permission, without going through the construction permit and other relevant procedures, and without stopping the work in accordance with the requirements of the notice of work stoppage (verification) (Jia Zhujian Ting Zi [2019] No
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028); Contract out the project to Li Mou Kui who does not have the qualification of relevant construction industry
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It is default that Li Mou Kui is attached to Jiangsu Zhan * Construction Co., Ltd
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and signs the contract and safety production agreement with him, and builds while designing
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The main responsibility of safety production is not implemented, and the management of construction and supervision units is not effective
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The signing of supervision contract is not standard, the chief supervision engineer is not clear, and the scope of supervision is not clear
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3
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Xuzhou Hua * construction engineering supervision company failed to dispatch project supervision organization and personnel according to the supervision contract, and failed to implement supervision in accordance with relevant laws, regulations, technical standards and design documents
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From the commencement of the project to the occurrence of the accident, the supervision engineer of the unit was not assigned to perform his duties
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Suggestions on the identification of accident responsibility and the treatment of responsible persons (1) Jiangsu Zhan * Construction Co., Ltd
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(2 persons) 1
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Li Yikui, the actual construction director of the expansion project of cement grinding station of Xuzhou long * Cement Co., Ltd., is extremely weak in legal concept and safety awareness, and does not have construction related qualification; It has not organized the preparation of construction organization design and the special construction scheme of “large and dangerous projects” exceeding a certain scale and organized experts to demonstrate; it has not organized the safety education and training, safety technical disclosure, etc
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of the construction personnel entering the site, conducted the command in violation of regulations, and is directly responsible for the accident
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It is suggested that it be transferred to the judicial organ to investigate its criminal responsibility according to law
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2
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Zhu Yiyang, the legal representative and main person in charge of Jiangsu Zhan * Construction Co., Ltd., as the first person in charge of safety production of the company, failed to fulfill the leadership responsibility of safety production, and failed to implement the safety production responsibility system and safety management rules and regulations
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No project manager and other construction management personnel are assigned to the accident project for construction management; individuals who have no relationship with the company are allowed to contract the project in the name of the enterprise, and they are responsible for the accident
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According to Article 92 of the work safety law of the people’s Republic of China, it is suggested to impose a fine of 30% of the previous year’s income
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（2） Xuzhou long * Cement Co., Ltd
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(2 persons) 3
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Li Shanfu, the legal representative and main person in charge of Xuzhou long * Cement Co., Ltd., as the first person responsible for the safety production of the enterprise, is responsible for the poor management of the construction and supervision units, the poor performance of the leadership responsibility for safety production, and the leadership responsibility for the occurrence of accidents, according to Article 92 (1) of the production safety law of the people’s Republic of China According to the regulations, a fine of 30% of the previous year’s income is recommended
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4
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Qiu Jiagui, the on-site director of the expansion project of cement grinding station of Xuzhou Longshan Cement Co., Ltd., did not review Li’s professional qualification, but acquiesced that he was affiliated with the construction enterprise to undertake the project construction; Without examining Zhang’s professional qualification, he acquiesced that he was affiliated with the supervision enterprise to undertake the project supervision, did not coordinate and manage the safety production of the contractor, and was responsible for the accident
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According to the second paragraph of Article 100 of the law of the people’s Republic of China on work safety, it is suggested to impose an administrative penalty of RMB 10000 and Xuzhou Longshan Cement Co., Ltd
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should be dismissed
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（3） Xuzhou Hua * Construction Engineering Supervision Co., Ltd
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(2 persons) 5
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Mr
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Sun, general manager and legal representative of Xuzhou Hua * Construction Engineering Supervision Co., Ltd., failed to perform safety supervision duties and did not appoint chief supervision engineer and other supervision personnel in the project, so he was responsible for the accident
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According to Article 45 (1) of “measures for administrative punishment of illegal acts in production safety” It is suggested that they should be given an administrative penalty of 10000 yuan
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6
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Zhang Mou yuan is an external staff member of Xuzhou Hua * Construction Engineering Supervision Co., Ltd
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Ma Anfu, who is not appointed by the supervision company to supervise the project, has not prepared the supervision plan and special implementation rules; If the supervision is not carried out in accordance with relevant laws, regulations, technical standards and design documents, it shall bear certain responsibility for the occurrence of accidents
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According to the first paragraph of Article 45 of the measures for administrative punishment of illegal acts in production safety, it is suggested to impose an administrative penalty of RMB 10000
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（4） Relevant functional departments district housing and Urban Rural Development Bureau (2 persons) 7, district housing and Urban Rural Development Bureau secondary director staff Shi Mou Liang, responsible for urban construction plan arrangement, urban construction project construction, project management, administrative law enforcement and other work
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It is suggested that we should give admonition talk for the poor performance of the expansion project of cement grinding station of Xuzhou Longshan Cement Co., Ltd
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and be responsible for the accident
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8
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Feng, leader of the Supervision Brigade of the district housing and Urban Rural Development Bureau, is responsible for the investigation of illegal cases of production safety supervision and management
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The supervision of the expansion project of cement grinding station of Xuzhou Longshan Cement Co., Ltd
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is not in place, so we should be responsible for the accident and give a warning within the party
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Jiangzhuang town (2 persons) 9
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Shao, deputy mayor of Jiangzhuang Town People’s government, failed to perform his duties for the expansion project of cement grinding station of Xuzhou Longshan Cement Co., Ltd., and was responsible for the accident
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It is suggested to give admonition talk
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10
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Li Yiyu, director of the planning and construction management service center of Jiangzhuang Town People’s government, is responsible for the quality and safety supervision of construction projects within the jurisdiction, and is responsible for the supervision and assistance of project construction procedures within the jurisdiction, so as to ensure the legitimacy of village and town project construction.
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