On December 16, Chongqing Pengshui County Emergency Bureau issued "Pengshui County Maotian Energy Development Co., Ltd." 9. The direct economic loss is more than 1.2 million yuan.
Pengshui Maotian Energy Development Co., Ltd. suffered a direct economic loss of more than 1.2 million yuan.
According to the provisions of the Safety Production Law of the People's Republic of China, the Regulations on the Reporting and Investigation of Production Safety Accidents (Decree No.493 of the State Council) and the Regulations on Safety Production of Chongqing Municipality. In accordance with the requirements of the Decision of the People's Government of Pengshui Autonomous County on Authorizing the County Emergency Management Bureau to Investigate and Deal with General Accidents of Production Safety (No.7, 2025), it was decided to set up the County Emergency Management Bureau to take the lead. Pengshui Maotian Energy Development Co., Ltd., composed of the Office of the County People's Government, the County Public Security Bureau, the County Federation of Trade Unions and the County Economic Information Commission, 9.
The accident investigation team, in accordance with the principles of "scientific rigor, compliance with laws and regulations, seeking truth from facts and paying attention to practical results", conducts on-site investigation, investigation and evidence collection, access to information and personnel inquiries. Find out the process, causes, casualties and direct economic losses of the accident, identify the nature and responsibility of the accident, and put forward suggestions for dealing with the responsible personnel and units and suggestions for accident prevention measures. After investigation, the
accident investigation team confirmed that Pengshui Maotian Energy Development Co., Ltd. "9.
I. Basic information
of the accident (I) Background
of the accident After investigation, it was found that: 1. The deceased Zhou Yu was an employee of Maotian Cement Plant in Pengshui Autonomous County." The work position is the coal inspection worker in the firing workshop, who is responsible for dispatching and directing the loader to transfer coal and ore, and also responsible for cleaning the feeding port and opening and closing the conveyor belt; 2. Li Xianhe is the team leader of the loader and the driver of the loader at the time of the accident. Li Xianhe and the loader he was driving were appointed by Chongqing Tongyu Rubber Products Co., Ltd. and agreed in the forklift (loader) lease agreement signed by Maotian Cement Plant of Pengshui Autonomous County (Maotian Energy Development Co., Ltd. of Pengshui County) and Chongqing Tongyu Rubber Products Co., Ltd. Maotian Cement Plant of Pengshui Autonomous County is fully responsible for the safety education and training of loader drivers, daily safety management and loader operation arrangement, and the safety responsibility during the plant period is also fully assumed by Maotian Cement Plant of Pengshui Autonomous County; 3.
(II) Loader
involved: Brand and model: Longgong wheel loader LG863N, mechanical environmental protection code: L SH0863NTKB706542, owner: Chongqing Tongyu Rubber Products Co., Ltd.
1. Business license (unified social credit code: 915002437500722065); type: limited liability company (sole proprietorship of a legal person invested or controlled by a non-natural person); domicile: Mafeng Village, Xintian Township, Pengshui Autonomous County, Chongqing; Legal representative: Zhang Hongwei; registered capital: 100 million yuan; date of establishment: June 6, 2003; registration authority: Administration for Industry and Commerce of Pengshui Miao and Tujia Autonomous County; business scope (permitted items): permitted items: shale for cement ingredients; Open-pit mining of limestone for cement (except for projects subject to approval, operating activities shall be carried out independently in accordance with the business license); manufacturing and sales of cement; sales of stone, building materials (excluding dangerous chemicals), decorative materials (excluding dangerous chemicals), concrete, general merchandise, hardware and electrical equipment, furniture, arts and crafts (excluding cultural relics, ivory and its products); waste heat power generation; Sales of electric power (in addition to projects subject to approval according to law, business activities shall be carried out independently according to law with business licenses).
2. Business License (Unified Social Credit Code: 91500120 * * * * * * K7Y); Type: Limited Liability Company (sole proprietorship of legal person not invested or controlled by natural person); Address: Attached No.36, No.424, Jinjian Road, Biquan Street, Bishan District, Chongqing; Legal Representative: Liu Qiong; registered capital: 5 million yuan; Date of establishment: September 30, 2024; registration authority: Market Supervision and Administration Bureau of Bishan District, Chongqing; business scope (permitted items): permitted items: road transportation of goods (excluding dangerous goods); installation, transformation and repair of special equipment. (Projects that need to be approved according to the law shall be approved by the relevant departments before carrying out business activities, and the specific business items shall be subject to the approval documents or licenses of the relevant departments.) General items: sales of rubber products; sales of synthetic materials; sales of plastic products; sales of high-quality synthetic rubber; sales of tires; sales of machinery and equipment; installation services of general machinery and equipment; Maintenance of electronic and mechanical equipment (excluding special equipment); sales of special equipment; retail of auto parts; wholesale of auto parts; sales of construction machinery; sales of lubricants; retail of hardware products; wholesale of hardware products; engineering management services; bidding agency services; loading and unloading; professional cleaning, cleaning and disinfection services; repair of general equipment; repair and maintenance of motor vehicles; Automobile towing, rescue and obstacle removal services; repair of special equipment; repair of electrical equipment. (Except for projects subject to approval according to law, business activities shall be carried out independently according to law on the basis of business licenses).
(4) Overview of
the parties concerned 1. Before his death, he was a coal inspector in the firing workshop of Maotian Cement Plant in Pengshui Autonomous County, and died in the vehicle injury accident.
2. The position is the team leader of the forklift (loader), who is the driver of the loader involved in the accident.
(V) The accident happened
at about 12:10 on September 9, 2025. Li Xianhe said to Zhou Yu that he wanted to go back to the dormitory for lunch and then left the scene first. After Li Xianhe returned to the scene of the accident at about 13:00, he did not get in touch with Zhou Yu, nor did he get out of the car to check whether there was anyone at the feeding port. He drove a loader to dump the coal in the coal yard to the screen of the feeding port, and then stopped nearby to rest and wait. At about 13:10, Li Xianhe went to the feeding port to check whether the coal was leaking out. He found that there was a red helmet above the screen of the feeding port, and a person was buried by the coal pile. He immediately called the company leader to report. The factory quickly organized workers to carry out emergency rescue for Zhou Yu. Other workers at the scene called 120, and the ambulance of Xintian Town Health Hospital came to the scene and transferred Zhou Yu to the People's Hospital of Pengshui Autonomous County for treatment. After the rescue was ineffective, Zhou Yu died at 14:00 on the same day. The accident resulted in a direct economic loss of more than 1.2 million yuan.
(VI) Accident-related identification
"Judicial Identification Opinion of Chongqing Zhongkai Zhongdian Judicial Identification Institute" (No.: Zhongdian Sijian 2025 Che Jian Zi No.074) Identification opinion: 1. The tire crown pattern and depth of the identified unlicensed wheel loader conform to GB7258-2017 Motor Vehicle Operation Safety Relevant conditions in 9.1 of Technical Conditions; 2.
Identification Document of Material Evidence Identification Room of Public Security Bureau of Pengshui Autonomous County, Chongqing (Peng Gong Jian Pathology [2025] No.37): Zhou Yu met the requirements for death by asphyxia.
(VII) Overview
of the accident scene: The scene is located at the screen at the feeding port of the coal yard in the firing workshop of Maotian Cement Plant, Pengshui Autonomous County, Chongqing. The coal yard is right in front of the feeding port (due east), and the conveyor belt is below the screen. The conveyor belt on the left side (due south) is connected to the integrated coal yard (round coal bunker) after turning 90 degrees to the left (due east). The length and width of the screen are about 2000 mm * 1500 mm, the width of a single steel bar is about 50mm, and the spacing is about 100mm.
(8) Rescue
of the deceased After the accident, the accident unit organized workers to rescue Zhou Yu at the first time. The ambulance of Xintian Town Health Hospital sent Zhou Yu to the People's Hospital of Pengshui Autonomous County for treatment. He died at 14:00 on the same day.
(9) Casualties and direct economic losses
1.2
.
2. Emergency disposal and assessment
of accidents (1) Emergency rescue and disposal
of accidents. After receiving the report, the police station of Xintian Town of Pengshui Autonomous County Public Security Bureau and the people's government of Xintian Town immediately dispatched personnel to the scene for disposal.
Up to now, the accident has been effectively controlled and there are no unstable factors.
(2) After the
accident, the Economic Information Commission of Pengshui Autonomous County, the Public Security Bureau of Pengshui Autonomous County, the Emergency Management Bureau of Pengshui Autonomous County, the People's Government of Xintian Town and other relevant units responded immediately after receiving the accident information, and the emergency disposal work was carried out in an orderly manner and the responsibility was put in place.
3. Analysis of
the cause of the accident Through the inquiry of the relevant personnel and the data extracted by the public security, the comprehensive analysis and judgment concluded that when the accident occurred, Zhou Yu did not set up a safety warning sign in front of the feeding port, and carried out the coal blockage cleaning operation at the screen of the feeding port in violation of the regulations. Violation of the company's safety operation rules for feeding posts; Li Xianhe returned to the site after lunch and drove the loader to implement coal transfer operation without command and without confirming the safety around the feeding port, which violated the company's safety operation rules for feeding posts. Two people's illegal operation is the direct cause of the accident.The indirect cause of the accident was that Dong Xiliang, the accident unit and the principal person in charge, failed to conscientiously perform his statutory duties in safety production. The Economic Information Committee
of Pengshui Autonomous County, as the competent unit of the accident enterprise industry, has performed the following duties: First, it has formulated a safety production supervision and inspection plan for 2025; The second is to hold a work conference on safety production and a special meeting on key supervised enterprises for arrangement and deployment; the third is to carry out daily work on safety production supervision and establish an account for the investigation and management of potential safety hazards; the fourth is to carry out risk assessment and form a risk list; the fifth is to sign a responsibility letter for safety production target management with key supervised enterprises in the industry; Sixth, the Company has implemented, forwarded and issued the documents and meeting spirit related to the safety production of the industry; seventh, the Company has formulated the safety supervision plan for key enterprises and implemented the supervision responsibilities; eighth, the Company has registered the relevant qualifications of Pengshui Maotian Energy Development Co., Ltd.; ninth, the Company has submitted the safety work performance report to the accident investigation team. After investigation, it was found that the Economic and Information Committee of Pengshui Autonomous County and its relevant staff had fulfilled their statutory functions and duties according to law.
(II) The Emergency Management Bureau
of Pengshui Autonomous County, as the competent unit of work safety in the industrial and trade industry, has performed the following duties: First, it has clearly defined the functions and responsibilities of work safety supervision in the industrial and trade industry, and has set up specialized business departments and staff; Second, we have formulated the 2025 safety production supervision and inspection plan; third, we have carried out the safety production supervision and management work in the industry and trade industry according to the law enforcement plan; fourth, we have established the safety hidden danger investigation and management account in the industry and trade industry; fifth, we have implemented the risk assessment and risk list work; sixth, we have signed the safety production target management responsibility letter with the key supervision enterprises in the industry and trade industry; Seventh, we implemented, forwarded and issued the working documents and meeting spirit related to the safety production of the industry; eighth, we formulated the safety supervision plan for key enterprises and implemented the supervision responsibility; ninth, we submitted the safety work performance report to the accident investigation team. After investigation, it was found that the Emergency Management Bureau of Pengshui Autonomous County and its relevant staff had fulfilled their statutory functions and duties according to law.
(III) The People's Government
of Xintian Town of Pengshui Autonomous County, as the territorial supervision unit of the accident enterprise, has performed the following duties: first, it has formulated the 2025 safety production supervision and inspection plan; second, it has issued the special work plan for safety supervision of industry and trade; The third is to hold a regular meeting on safety production work and make arrangements; the fourth is to carry out the daily safety production supervision and law enforcement work of key enterprises; the fifth is to establish an account for the investigation and management of potential safety hazards; the sixth is to implement the work of risk assessment and risk list; the seventh is to sign a responsibility letter for safety production target management with key supervision enterprises; Eight is to implement the documents and meeting spirit of the higher authorities on the safety production of the industry and trade industry; nine is to establish the supervision account of the industry and trade industry in the jurisdiction; ten is to formulate the contingency plan and organize the emergency drill; eleven is to submit the safety work performance report to the accident investigation team. After investigation, it was found that the people's government of Xintian Town in Pengshui Autonomous County and its relevant staff had fulfilled their statutory functions and duties according to law.
5. Responsibility analysis and handling suggestions
(1) Zhou Yu, an individual
who is recommended to be exempted from administrative punishment (died in the accident). Its behavior violates Article 57 of the Production Safety Law of the People's Republic of China: "In the course of operation, employees shall strictly implement their post safety responsibilities, abide by the safety production rules and regulations and operating rules of the unit, obey the management, and correctly wear and use labor protection articles". In view of Zhou Yu's death in the accident, it is suggested that he be exempted from accountability.
(2) As an enterprise affiliated to Maotian Cement Plant in Pengshui Autonomous County
, Maotian Energy Development Co., Ltd. In this accident, it bears the main responsibility of the enterprise that the safety production management work has not been implemented: First, it has not strictly educated and urged the coal intake patrol workers and loader drivers in the firing workshop to strictly implement the post safety operation rules, resulting in the violation of the company's safety violation management system in the feeding operation. The production and business operation entity shall educate and urge the employees to strictly implement the rules and regulations for safe production and the rules for safe operation of the entity, and shall truthfully inform the employees of the dangerous factors existing in the workplace and the work post, the preventive measures, and the emergency measures for accidents. Second, there was no eye-catching safety warning sign in front of the screen at the feeding port, resulting in the failure to warn and remind the operators, which violated the provisions of Article 35 of the Safety Production Law of the People's Republic of China: "The production and operation units shall set up obvious safety warning signs on the production and operation sites and related facilities and equipment with greater risk factors". Third, the company did not include the identification of potential accident hazards at the feeding port in the risk assessment, nor did it take effective technical and management measures to eliminate potential accident hazards, which violated the second paragraph of Article 41 of the Safety Production Law of the People's Republic of China: "Production and business units shall establish, improve and implement the system of investigation and management of potential accident hazards in production safety, and adopt technical and management measures." Find out and eliminate hidden dangers of accidents in time. The investigation and treatment of potential accident hazards shall be recorded truthfully, and the employees shall be informed by means of workers'congresses or workers' congresses, information bulletin boards, etc. Among them, the investigation and treatment of hidden dangers of major accidents shall be reported to the departments responsible for the supervision and management of production safety and the workers'congresses or workers' congresses in a timely manner.
According to Item 1 of 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: The accident investigation team recommended that the Emergency Management Bureau of Pengshui Autonomous County impose administrative fines on Maotian Energy Development Co., Ltd. of Pengshui County according to law.
In view of the existing problems and the implementation of the follow-up rectification, the accident investigation team suggested that the Emergency Management Bureau of Pengshui Autonomous County should supervise and rectify the problems existing in Maotian Energy Development Co., Ltd. of Pengshui County, and timely report the implementation of the rectification to the Office of the Safety Production Committee of Pengshui Autonomous County for the record.
(3) Dong Xiliang, the
general manager of Maotian Cement Plant in Pengshui Autonomous County, is fully entrusted by Zhang Hongwei, the legal representative of Maotian Energy Development Co., Ltd. in Pengshui County, to be responsible for the overall management of daily production and safety work. He is the actual principal person in charge of Maotian Cement Plant in Pengshui Autonomous County of Pengshui Maotian Energy Development Co., Ltd. As the main person in charge of the work safety of the accident unit, he did not seriously supervise, inspect and timely discover and eliminate the hidden dangers of accidents in the feeding operation. Its behavior violates Item 5 of Article 21 of the Production Safety Law of the People's Republic of China: "The principal responsible person of a production and business operation entity shall bear the following responsibilities for the work of production safety of the entity: to organize the establishment and implementation of a dual prevention mechanism for the hierarchical control of safety risks and the investigation and management of hidden dangers, and to supervise and inspect the work of production safety of the entity." Timely elimination of hidden dangers of production safety accidents.
According to Item 1 of Article 95 of the Production Safety Law of the People's Republic of China: "If the principal person in charge of a production and business operation entity fails to perform the duties of production safety management stipulated in this Law, resulting in a production safety accident, the emergency management department shall impose a fine in accordance with the following provisions: A fine of 40% of the annual income of the previous year. The accident investigation team suggested that the Emergency Management Bureau of Pengshui Autonomous County should impose administrative penalties on Dong Xiliang according to law.
In addition, according to the relevant work requirements of the Measures for Linking Administrative Law Enforcement and Criminal Justice in Safety Production (Emergency [2019] 54), the accident investigation team conducted a comprehensive and detailed investigation and collective discussion, and the members of the accident investigation team agreed that although Dong Xiliang had committed illegal acts, he had no subjective intent and little social impact. And I actively cooperate with the accident investigation, properly handle the aftermath, no secondary accidents occurred, and actively compensate the relatives of the deceased. During the investigation, Dong Xiliang was not found to have violated the Criminal Law of the People's Republic of China on production safety crimes, and it was suggested that Dong Xiliang should not be investigated for criminal responsibility.
(4) Other suggestions for
handling 1.
According to Article 107 of the Production Safety Law of the People's Republic of China: "Employees of production and business units fail to fulfill their post safety responsibilities, disobey management, and violate production safety rules and regulations or operating rules." The production and business operation entity shall give criticism and education and impose sanctions in accordance with relevant rules and regulations; If a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law "and the first paragraph of Article 134 of the Criminal Law of the People's Republic of China:" Whoever violates the relevant provisions on safety management in production or operation, thus causing serious casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. The accident investigation team believes that Li Xianhe is suspected of committing the crime of "major liability accident".
According to the first paragraph of Article 27 of the Administrative Punishment Law of the People's Republic of China: "If an illegal act is suspected of committing a crime, the administrative organ shall promptly transfer the case to the judicial organ and investigate the criminal responsibility according to law.". For those who do not need to be investigated for criminal responsibility or exempted from criminal punishment according to law, but should be given administrative punishment, the judicial organ shall promptly transfer the case to the relevant administrative organ. The accident investigation team suggested that Li Xianhe's suspected criminal clues be transferred to the public security organs for investigation in accordance with legal procedures.
2. The accident investigation team recommends that the Economic Information Commission of Pengshui Autonomous County, the Emergency Management Bureau of Pengshui Autonomous County and the People's Government of Xintian Town of Pengshui Autonomous County and their relevant staff be exempted from administrative and disciplinary responsibilities.
6. Suggestions
on accident prevention and rectification measures In order to draw lessons from this accident and prevent and avoid the recurrence of similar accidents, in view of the characteristics of this accident. The following preventive measures and suggestions are put forward:
(I) The relevant industry supervision departments at the county level should draw lessons from the accident, formulate effective daily supervision measures according to the characteristics of safety production in the industry, and supervise the key supervision enterprises to do a good job in daily safety production management. In particular, we urge enterprises to do a good job in risk assessment, accident hidden danger investigation and the implementation of post safety operation rules, scientifically plan and coordinate administrative law enforcement and service enterprises, and prevent the recurrence of such accidents.
(II) The township people's governments (sub-district offices) shall organize and carry out a large-scale investigation of hidden dangers in production safety in their respective jurisdictions in view of the key objects of supervision of accident risks in their respective jurisdictions, carry out joint law enforcement and inspection actions with relevant county-level departments in a timely manner, and regularly go deep into enterprises to find out all kinds of safety risks and hidden dangers of accidents. Illegal acts of production safety should be found, investigated and punished, and deterred, so as to force production and business units to do a good job in production safety.
(III) The key production and operation units in each county shall take this accident as a lesson, strictly implement the national laws and regulations, national standards, industry standards and relevant requirements for safe production within the enterprise, improve and perfect the post safety operation rules, implement the reward and punishment system for safe production, consolidate the responsibility for safe production layer by layer, and always bear in mind that safety is the life of the enterprise. Safety production is the greatest benefit of enterprises, and truly achieve the full implementation of the main responsibility of enterprises for safety production.
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