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Newspaper Haikou, September 17 (Reporter Lin Ying special correspondent Jane) due to conceal serious accidents, Fujian fifth construction company, company project manager Lin Moumou, Moumou company project department safety officer were a fine of 100 million yuan, 74,400 yuan, 8640 yuan. September 17, judgment in the Court of Hainan, Wenchang City maintain administrative penalty decision made by the Administration of Work Safety.
The company was fined one million concealed the accident
March 12, 2008, blue sea Wenchang City project site major accidents occurred, causing the death of a worker. The project department woodworking group of workers at the blue sea and the city of Dongyuan top surface of the second floor of Building 12 construction jobs fell accidentally, just press the operation of circular saws, Liu Moubo lung position is transverse incision, cause it died on the spot.
After the accident, Wenchang City Safety Authority (hereinafter referred to as the innings) After an investigation, evidence collection,http://syunsite.com, to the construction of the project in Fujian five construction companies concealed the accident on the grounds, made the decision on February 3, 2009, Fujian five construction companies fined 1 million yuan, the company's project manager Lin Moumou fine of 74,400 yuan, the company's project department safety officer Moumou fined 8640 yuan.
Fujian five construction companies and Lin Moumou,parka woolrich, Moumou above all pleaded penalty decision, administrative proceedings to Wenchang City Court, petitioned the revocation of the three penalty decisions.
Wenchang City Court that, in accordance with relevant provisions of the "People's Republic of China production safety incident reporting and investigation Regulations", after the production of liability accident, the accident unit should be timely, comprehensive and truthful reporting to the relevant authorities. Fujian five construction companies and project manager Lin Moumou, Moumou project department safety officer after the accident did not fulfill legal obligations,http://meguru.jp/cgi-bin/joyful/./joyful.cgi,woolrich outlet, report the accident, but with the deceased entered into a settlement agreement in private,http://darrelldv.f2s.com/index.php?item/create_form/1, compounding approach adopted for dealing with incidents. Especially in the month after the accident, Wenchang City Construction Bureau is still investigating the accident report. Finds that the company and the relevant responsible person intentionally concealed the existence of an accident, to avoid legal liability actions, under the law, the company and the persons responsible behavior, is concealed the accident. Administrative penalties Wenchang City Administration of Work Safety Fujian five construction companies, project manager Lin Moumou, Moumou security officer made the facts are clear,http://vegalta7.s156.xrea.com/aska/aska.cgi/index.php?/news/comments/20061111_web20_design,louboutin, correctly applies the law, legal procedures.
Wenchang City Court of First Instance upheld the administrative punishment made Wenchang City Administration.
Fined not convinced appeal was dismissed
After the first trial,hogan scarpe,http://www.goowar.com/home.php?mod=space&uid=2103853, Fujian five construction companies and Lin Moumou, Moumou appealed his conviction to the Court of First Instance grounds of error of fact, one hospital to Hainan appeal.
Hainan in a court hearing that after five construction companies in Fujian production safety accidents occurred in the city of Wenchang sea and the construction of the project site, should fulfill their legal obligations, in an objective and pragmatic principles, in accordance with the "production safety incident reporting and investigation regulations "Article IX, timely, comprehensive will to production safety supervision and management departments and bear safety production supervision and management responsibilities of the relevant circumstances of the accident report.
More than a month after the accident, when Wenchang City Construction Bureau to investigate the circumstances of the accident, Fujian five construction companies have yet to report the accident, Wenchang City Administration Bureau in the course of a formal investigation of the accident, Fujian five construction companies only report the accident to the Wenchang City Administration. Therefore, investigation into the accident has made, according to legal procedures appellee investigation is made,http://www.2188c.com/home.php?mod=space&uid=40970, not Fujian five construction companies report. According to "& lt; production safety incident reporting and investigation regulations & gt; fines Interim Provisions" Article 5 (d) provides that "intentionally concealed the accident has happened, and verified by the authorities, is concealed." According to the above provisions,louboutin milano, Fujian five construction companies on the occurrence of the accident concealed the existence of behavior and intention to avoid legal liability.
Lin Moumou Fujian five construction companies in project engineering manager for the city of Wenchang blue sea, Moumou a security officer for the project,http://www.usrcyclisme.fr, which should be strictly in accordance with the provisions of its own responsibilities, "production safety incident reporting and investigation of Treatment" execution. Article 36 of the above "production safety incident reporting and investigation regulations" be punished for the accident unit at the same time, the main person responsible, directly in charge and other persons directly responsible for 60 percent of the income of the year to 100 % penalty, in accordance with the provisions of Wenchang innings while Lin Moumou, Moumou made the punishment, in line with the law.
Case by the Judicial Committee of Hainan in the hospital a discussion and decision, in accordance with the relevant provisions of the "Administrative Procedure Law of People's Republic of China",http://www.hacosuke.com/hacobbs/hacobbs.cgi, the judgment dismissed the fifth Fujian Construction Engineering Corporation, a company project manager Lin Moumou, Moumou company project department safety officer the appeal and upheld the original verdict.
The case is the first case of Hainan production safety administration in the hospital concluded. |
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