On April 20, the Housing and Urban-Rural Construction Department of Hainan Province issued a notice on the publication of the first batch of typical cases of construction quality and safety violations in 2023.
Wuhan Changbo Construction Group Co., Ltd. failing to insure safety production liability insurance in accordance with national regulations. On December 26, 2022, Haikou Housing and Urban-Rural Construction Bureau carried out safety production inspection on the Z-04 plot project of Changying Global 100 Baolong City. It was found that the construction unit, Wuhan Changbo Construction Group Co., Ltd., had not insured the safety production liability insurance in accordance with the state regulations, and its behavior violated the provisions of Article 51, paragraph 2, of the Safety Production Law of the People's Republic of China. The production and business operation units must participate in the industrial injury insurance according to law and pay the insurance premium for the employees. According to Article 109 of the Production Safety Law of the People's Republic of China, if a production and business operation entity in a high-risk industry or field fails to purchase production safety liability insurance in accordance with the provisions of the State, it shall be ordered to make corrections within a time limit and shall be fined not less than 50,000 yuan but not more than 100,000 yuan; if it fails to make corrections within the time limit, it shall be fined not less than 100,000 yuan but not more than 200,000 yuan. On March 9, 2023, Xiuying Branch of Haikou Comprehensive Administrative Law Enforcement Bureau imposed a fine of RMB seventy-five thousand yuan on Wuhan Changbo Construction Group Co., Ltd., the construction unit.
Case 3: Haikou City investigated and dealt with the case
that the safety production management personnel of Hainan Yongshun Construction Engineering Co., Ltd. failed to perform their safety production duties. On February 10, 2023, the Housing and Urban-Rural Construction Bureau of Haikou City carried out a safety production inspection on the municipal engineering project of Daoke 2nd Road. It was found that the safety production management personnel of Hainan Yongshun Construction Engineering Co., Ltd. of the construction unit had not fulfilled their duties of supervising and implementing the safety production rectification measures of the unit (the temporary electricity consumption at the construction site had not been carried out in accordance with the requirements of the Technical Specification for Temporary Electricity Safety at the Construction Site, such as "three-level distribution, two-level leakage protection" and "TN-S" system). In violation of Article 25 of the Safety Production Law of the People's Republic of China, the safety production management organization and the safety production management personnel of the production and business operation unit shall supervise and implement the safety production rectification measures of the unit. According to Article 96 of the Safety Production Law of the People's Republic of China, if other persons in charge of production and business operation units and safety production management personnel fail to perform their duties of safety production management as stipulated in this Law, they shall be ordered to make corrections within a time limit and shall be fined not less than 10000 yuan but not more than 30000 yuan. On March 9, 2023, Haikou Comprehensive Administrative Law Enforcement Bureau imposed a fine of RMB 18000 on Hainan Yongshun Construction Engineering Co., Ltd., the construction unit.
Case 4: Haikou City investigated and dealt with the case
of falling from a high place in the construction project of Qihang Building of No.1 Primary School directly under Hainan Agricultural Reclamation. On September 23, 2022, a falling accident occurred in the construction project department of Qihang Building of No.1 Primary School directly under Hainan Agricultural Reclamation in Haikou City, resulting in one death. After on-site verification by the Housing and Urban-Rural Construction Bureau of Longhua District, Haikou City, it was found that the construction unit of the project, Zhongnan Urban Construction First Engineering Bureau Co., Ltd., had inadequate safety protection measures such as guardrails and protective nets at the construction site during the construction process, which violated the provisions of Article 28 of the Regulations on Safety Production Management of Construction Projects. Take corresponding safety construction measures at the construction site. According to Item (2) of Article 64 of the Regulations on the Administration of Safety in Production of Construction Projects, if a construction unit commits any of the following acts, it shall be ordered to rectify within a time limit; Those who fail to make corrections within the time limit shall be ordered to suspend business for rectification and shall be fined not less than 50000 yuan but not more than 100000 yuan. They shall not take corresponding safety construction measures at the construction site according to the different construction stages and the changes of the surrounding environment, season and climate, or the construction site of the construction project in the urban area shall not be enclosed. On December 8, 2022, Longhua Branch of Haikou Comprehensive Administrative Law Enforcement Bureau imposed a fine of RMB 99,000 on the construction unit, Zhongnan Urban Construction First Engineering Bureau Co., Ltd.
Case 5: Haikou City investigated and dealt with the case
of falling from a high place in Hainan Zhuoyang Zhonghua City Project On October 29, 2022, a falling accident occurred in Hainan Zhuoyang Zhonghua City Project Department in Qiongshan District of Haikou City, resulting in one death. After on-site verification by the Housing and Urban-Rural Construction Bureau of Qiongshan District, Haikou City, it was found that the construction unit of the project, Jilin Yurun Construction Engineering Co., Ltd., contracted the tower crane demolition project to Hainan Gaoda Labor Co., Ltd., which did not have the relevant qualifications, without verifying whether Hainan Gaoda Labor Co., Ltd. had the relevant qualifications; Failure to arrange special personnel for on-site management during dangerous operations violates Article 49 of the Safety Production Law of the People's Republic of China, which States that "production and operation units shall not contract or lease production and operation projects, sites or equipment to units or individuals that do not have safety production conditions or corresponding qualifications"; Article 43 "When a production and business operation entity carries out blasting, hoisting, hot work, temporary use of electricity and other dangerous operations prescribed by the emergency management department of the State Council in conjunction with the relevant departments of the State Council, it shall arrange special personnel to carry out on-site safety management to ensure the observance of operating rules and the implementation of safety measures". According to Article 103 of the Safety Production Law of the People's Republic of China, if a production and business operation entity contracts or leases a production and business operation project, site or equipment to a unit or individual that does not have the conditions for safe production or corresponding qualifications, it shall be ordered to make corrections within a time limit and confiscate its illegal income; If the illegal income is more than 100,000 yuan, a fine of not less than two times but not more than five times the illegal income shall be imposed; if there is no illegal income or the illegal income is less than 100,000 yuan, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed separately or concurrently; if the production safety accident causes damage to others, the contractor and the lessee shall bear joint and several liability for compensation. On November 14, 2022, Qiongshan Branch of Haikou Comprehensive Administrative Law Enforcement Bureau imposed an administrative penalty of RMB one hundred and twenty-five thousand yuan on Jilin Yurun Construction Engineering Co., Ltd., the construction unit.
Case 6: Danzhou City investigated and dealt with the case
that Hainan Hongjihui Construction Engineering Co., Ltd. failed to take effective measures to discover and eliminate the hidden dangers of accidents in time. On September 26, 2022, Danzhou Housing and Urban-Rural Construction Bureau carried out a safety production review of Danzhou Xijincheng (Phase IV) Project. If it is found that the construction unit, Hainan Hongjihui Construction Engineering Co., Ltd., has not taken effective measures to discover and eliminate the hidden dangers of accidents in time, and its actions violate the provisions of Article 102 of the Safety Production Law of the People's Republic of China that the production and operation units have not taken measures to eliminate the hidden dangers of accidents, it shall be ordered to eliminate them immediately or within a time limit. According to the Proposal for Quality and Safety Law Enforcement of the Housing and Urban-Rural Construction Department of Hainan Province, Article 3 of the Interim Provisions for the Investigation and Treatment of Hidden Dangers of Safety Production Accidents, and Item 20 and File 1 of the Discretionary Benchmark of Administrative Penalties for Emergency Management in Hainan Province (2022 Edition), the production and business units have not taken measures to eliminate the hidden dangers of general accidents; It shall be ordered to eliminate them immediately or within a time limit, and a fine of less than 30000 yuan shall be imposed. On December 9, 2022, Danzhou Comprehensive Administrative Law Enforcement Bureau imposed a fine of RMB fifteen thousand yuan on Hainan Hongjihui Construction Engineering Co., Ltd., the construction unit.
Case 7: Danzhou City investigates and deals with the death case
of the collapse accident of the sewage treatment project of Danzhou Water Affairs Bureau. On May 13, 2022, a collapse accident occurred in the sewage treatment project department of Danzhou Water Affairs Bureau beside X501 County Road in Wangwu Town, Danzhou City, resulting in one death. After on-site verification by Danzhou Comprehensive Administrative Law Enforcement Bureau, it was found that the construction unit of the project, Xi'an Construction General Engineering Group, failed to investigate potential safety hazards in time, to stop and correct illegal command, to force risky operations, and to violate operating rules, which violated the third, fifth and sixth items of Article 25 of the Safety Production Law of the People's Republic of China. Be responsible for the safety management of the accident. According to the ninety-sixth provision of the Safety Production Law of the People's Republic of China, if other persons in charge of production and operation units and safety production management personnel fail to perform their duties of safety production management as stipulated in this Law, they shall be ordered to make corrections within a time limit and shall be fined not less than 10000 yuan but not more than 30000 yuan; If a production safety accident is caused, the qualification related to production safety shall be suspended or revoked, and a fine of not less than 20% but not more than 50% of the annual income of the previous year shall be imposed. If a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law. On December 21, 2022, Danzhou Comprehensive Administrative Law Enforcement Bureau imposed an administrative penalty of RMB twenty-five thousand and five hundred yuan on Liu Yu, the safety officer of Xi'an Construction Engineering Group, the construction unit.
Case 8: Tunchang County investigated and dealt with the case
that Hainan Sansha Construction Engineering Co., Ltd. failed to implement effective dust control measures. On October 31, 2022, Hainan Sansha Construction Engineering Co., Ltd., the construction unit of a residential commercial housing project in Tunchang County, failed to effectively clean vehicles entering and leaving the construction site. Causing vehicles to pollute the road surface; When workers use excavators to level the site, they do not open the spraying facilities of the southern fence, do not open the fog gun, and do not implement effective measures to prevent and control dust pollution. Its behavior violates the first paragraph of Article 26 of the Regulations on the Management of Urban and Rural Appearance and Environmental Sanitation of Hainan Province, which States that "Construction units shall operate within the approved scope of land use and abide by the following provisions: (1) Set up hard enclosures at construction sites, and take effective dust control measures such as covering, sectional operation, timing construction, sprinkling water to suppress dust, washing roads and vehicles." The rules of. According to the second paragraph of Article 26 of the Regulations of Hainan Province on the Management of Urban and Rural Appearance and Environmental Sanitation, the construction earthwork, engineering dregs and construction waste shall be cleared and transported in time. If they are piled up in the site, they shall be covered with a closed dust-proof net; they shall be ordered to make corrections, and a fine of more than 10,000 yuan and less than 100,000 yuan shall be imposed. If they refuse to make corrections, they shall be ordered to stop work for rectification. On January 19, 2023, Tunchang County Comprehensive Administrative Law Enforcement Bureau imposed an administrative penalty of RMB 20000 on the construction unit, Hainan Sansha Construction Engineering Co., Ltd.
Case 9: Changjiang Li Autonomous County investigated and dealt with the fatal case
of falling accident in Changjiang Yiming Xiangzhou Project. On May 14, 2022, a falling accident occurred in Changjiang Yiming Xiangzhou Project Department of Changjiang Li Autonomous County, resulting in one death. After on-site verification by the Housing and Urban-Rural Construction Bureau of Changjiang Li Autonomous County, it was found that the construction unit of the project, Inner Mongolia yuanhe Industrial Co., Ltd., was not in place during the construction process, and that the risk identification and control were not in place, which violated the provisions of Article 41 of the Safety Production Law of the People's Republic of China. Production and business units shall establish a safety risk classification control system and take corresponding control measures according to the safety risk classification. Production and business units shall establish, improve and implement the system of investigation and management of hidden dangers of production safety accidents, and adopt technical and management measures to discover and eliminate hidden dangers of accidents in time. According to Article 114 of the Production Safety Law of the People's Republic of China, in the event of a production safety accident, the responsible production and business operation entity shall be required to bear the corresponding compensation and other liabilities according to law, and the emergency management department shall impose a fine in accordance with the following provisions: in the event of a general accident, a fine of not less than 300,000 yuan but not more than 1 million yuan shall be imposed. On December 8, 2022, the Comprehensive Administrative Law Enforcement Bureau of Changjiang Li Autonomous County imposed a fine of RMB 500,000 on the construction unit, Inner Mongolia yuanhe Industrial Co., Ltd.
Case 10: Changjiang Li Autonomous County investigated and dealt with the case
of electric shock injury accident in the waste tire resource utilization project. On June 28, 2022, an electric shock injury accident occurred in the waste tire resource utilization project department of Changjiang Li Autonomous County, resulting in one death. After on-site verification by the Housing and Urban-Rural Construction Bureau of Changjiang Li Autonomous County, it was found that the construction unit of the project, Fujian Putian Lianfa Construction Engineering Co., Ltd., was not in place to implement the responsibility for safety production, and that the investigation and management of potential safety hazards were not in place, which violated the provisions of Article 41 of the Safety Production Law of the People's Republic of China. Production and business units shall establish a safety risk classification control system and take corresponding control measures according to the safety risk classification. Production and business units shall establish, improve and implement the system of investigation and management of hidden dangers of production safety accidents, and adopt technical and management measures to discover and eliminate hidden dangers of accidents in time. According to Article 114 of the Production Safety Law of the People's Republic of China, in the event of a production safety accident, the responsible production and business operation entity shall be required to bear the corresponding compensation and other liabilities according to law, and the emergency management department shall impose a fine in accordance with the following provisions: in the event of a general accident, a fine of not less than 300,000 yuan but not more than 1 million yuan shall be imposed. On February 27, 2023, the Comprehensive Administrative Law Enforcement Bureau of Changjiang Li Autonomous County imposed a fine of RMB 500000 on the construction unit, Fujian Putian Lianfa Construction Engineering Co., Ltd.
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