Haifeng 1 worker fell to the bottom of the elevator shaft and died

On October 26, 2021, an accident occurred in a private house in Xiaoasawa Village, Rongshan Village Committee, a town attached to Haifeng County, during the process of interior decoration, resulting in the death of a construction worker.

After the accident, the county government established the "Haifeng County Affiliated Town '10.26' General Construction Accident Investigation Team" (hereinafter referred to as the "Accident Investigation Team") in accordance with the relevant provisions of the Work Safety Law and the Regulations on the Reporting and Investigation of Production Safety Accidents (State Council Order No. 493). In accordance with the principle of "four not letting go" in the investigation and handling of accidents, the accident investigation team conducted an in-depth and meticulous investigation, found out the accident process, causes and direct economic losses, ascertained the nature of the accident, determined the responsibility for the accident, put forward handling opinions and preventive measures, and formed an accident investigation report. The accident is reported as follows:

　　First, the basic situation

　　(1) The circumstances of the project contract issuer and contractor

　　1. Project Contractor: Wu *chun, female, contractor and owner of the residential interior decoration project of Rongshan Village Committee of Rongshan Village Committee of Haifeng County.

　　2. Project Contractor: Zhong * Ming, male, contractor of residential interior decoration project in Xiao qian wat Village, Rongshan Village Committee, Fucheng Town, Haifeng County, belongs to the person in charge of the rural housing interior decoration construction team.

　　(2) Relevant circumstances of the project

　　1. Current status of the dwelling

　　The residence is a rural self-built house, covering an area of 105 square meters, since the second half of 2013 began construction, by the end of the same year to complete the seven-storey main structure capping and exterior wall decoration.

　　2. Project contracting

　　In mid-September 2021, the owner Wu *chun and the contractor Zhong *Ming verbally agreed: Zhong *Ming would carry out indoor decoration of the residence in the form of contracted materials, and the two parties did not agree on the construction period, the total decoration price was about 420,000 yuan, and the specific decoration price would be calculated after completion. After the verbal agreement was reached, Zhong *Ming began to arrange for workers Sun *Fu and Yin *Quan to enter the construction site on October 3, 2021.

　　(3) The situation at the scene of the accident

　　The location of the accident was located in the residential building of Wu *chun, the owner of Xiao qianwat village of Rongshan Village Committee in the attached town of Haifeng County. After investigation, the site is a building construction interior decoration site, the bottom of the first floor elevator shaft can be seen a large beach of blood, there is a simple wooden ladder from the first floor stair rest platform to the bottom of the elevator shaft, the fourth floor elevator shaft reserved mouth frame is equipped with 2 bamboo rows (north and south direction, the elevator shaft reserved port is not paved), there are no safety protection measures around the elevator shaft reserve on the first to seventh floor; the fourth floor of the residential room wall near the west side of the elevator shaft reserve has collapsed, and the construction tools such as wind cannons, hammers, and shovels are placed on the ground on the north and south sides of the elevator shaft reserve. A suit sits by the north window. No other anomalies were found at the site.

　　Second, the accident and the accident rescue situation

　　At about 7:30 a.m. on October 26, 2021, workers Sun *fu and Yin *Quan arrived at the Wu *Chun Residence in Xiao Qian Wat Village, Rongshan Village Committee, Anfu Town, Haifeng County, to carry out interior decoration work, and Sun *Fu and Yin *Quan took turns to demolish a wall on the fourth floor near the west side of the room on the elevator shaft reservation. At about 8:00 a.m., Sun *Fu took a large hammer to smash the wall against the door frame of the room, Yin *Quan used an air cannon machine to drill holes under the wall, the two alternated operations, about 9:30, Sun *Fu stood at the fourth floor staircase while drinking water and resting, Yin *Quan used a large hammer to smash three times in a row in the middle of the wall, the wall suddenly fell in the direction of Yin *Quan, smashed into Yin *Quan's body, Yin *Quan was hit, and then fell to the elevator shaft next to the reserved opening and fell to the bottom of the elevator shaft.

After the accident, Sun *fu immediately informed the project contractors Zhong *Ming and Yin *Quan's son Yin *Jun by telephone. About 10 minutes or so, the project contractor Zhong *Ming arrived at the scene and asked his nephew who was going with him to call the 120 emergency number; about 30 minutes or so, Yin *Quan's son Yin *Jun arrived at the scene and dialed the 110 police number. After receiving the report, the relevant departments immediately sent personnel to the scene to deal with it and carry out rescue work.

　　Third, casualties caused by accidents, aftermath and direct economic losses

　　(1) An accident causes the death of a person

　　Yin *Kwon, male, on-site construction worker, died in the accident.

　　(2) Handling of the aftermath

　　After mediation and consultation between Wu *chun, the contractor, Zhong *ming, the contractor, and the family of the deceased, the two parties reached a "People's Mediation Mediation Agreement": the contractor and the contractor jointly compensated the deceased's family, including funeral expenses, death, and all other compensation totaling 790,000 yuan, and the aftermath of the accident was properly handled.

　　(3) Direct economic losses

The accident compensated the family of the deceased for a total of RMB790,000, other disposal costs of about RMB30,000, and estimated direct economic losses of RMB820,000.

　　Fourth, the cause of the accident and the nature of the accident

　　(1) The cause of the accident

　　Combined with the on-site investigation and comprehensive analysis of the relevant departments and the accident investigation team, the accident excluded other killings, and the causes of the accident were determined to be as follows:

　　1. Direct cause

　　Yin *quan, in the construction process of the fourth floor, the safety awareness is weak, the relevant safety protection measures are not done, the operating procedures are violated, and the collapsed wall is directly hit by the body, causing its center of gravity to be unbalanced, resulting in falling from the reserved port of the elevator shaft on the fourth floor to the bottom of the elevator shaft on the first floor, which is the direct cause of the accident.

　　2. Indirect causes

　　(1) Construction contractor Zhong * Ming. Weak legal awareness, contracting for building construction interior decoration and decoration projects, failure to perform the safety production management duties of the main person in charge, failure to set up safety warning signs (1) in production and business sites and related facilities and equipment with large risk factors, and failure to take reliable safety protection measures for the construction site are indirect causes of accidents.

　　(1) Article 35 of the Work Safety Law of the People's Republic of China Production and business units shall set up obvious safety warning signs in production and business sites and relevant facilities and equipment with relatively large risk factors.

　　(2) Wu *chun, the contractor of the project. Contract for residential interior renovation works

The contractor Zhong *ming did not sign a special safety production management agreement with him, or agreed on their respective safety production management responsibilities; did not coordinate and manage the safety production work of the contractor Zhong *Ming, conducted regular safety inspections, and found safety problems

Supervision and rectification (2) is an indirect cause of the accident.

　　(2) Paragraph 2 of Article 49 of the Law of the People's Republic of China on Work Safety: Where a production and operation project or site is contracted or leased to another unit, the production and operation unit shall sign a special safety production management agreement with the contracting unit or the leasing unit, or stipulate their respective safety production management responsibilities in the contracting contract or lease contract;

　　(2) The nature of the accident

　　Referring to the relevant interpretation (3) of the Letter on Several Opinions on the Determination of Production Safety Accidents (Political and Legal Letter [2007] No. 39), after investigation and comprehensive analysis, it was determined that the "10.26" general construction accident in Haifeng County's attached town was a production safety liability accident.

　　(3) Letter on Several Opinions on the Determination of Production Safety Accidents (Political and Legal Letter [2007] No. 39) IV. Determination of Accidents Caused by Rural Housing Construction:

　　1. Accidents that cause personal injury or direct economic losses in the process of new construction, reconstruction and repair of houses in rural areas contracted by construction units (including unqualified construction teams) are production safety accidents;

　　 2. Although there is no construction unit (including unqualified construction team) contracting, but the peasants pay labor remuneration (currency or in kind) or mutual assistance between each other to invite people to carry out new construction, reconstruction and repair of houses in the process of personal injury or direct economic losses, is a production safety accident.

　　V. Determination of accident liability and suggestions for handling those responsible for accidents

　　This accident belongs to the construction activities of rural residential interior decoration buildings, the Construction Law of the People's Republic of China, the Regulations on the Quality Management of Construction Projects, and the Construction Engineering Safety

The relevant provisions of relevant laws and regulations such as the Regulations on the Administration of Total Production and the Measures for the Administration of Residential Interior Decoration (Decree No. 110 of the Ministry of Construction of the People's Republic of China) do not apply to the construction activities of rural residential interior decoration buildings, and the relevant laws and regulations do not explicitly require the contractor of the construction project to have the corresponding construction qualifications. The recommendations for the determination of liability for accidents and the handling of those responsible for accidents are as follows:

　　(1) Yin *quan, who failed to take relevant safety protection measures and operated in violation of regulations, was directly responsible for the occurrence of the accident. Because of his death in the accident, it is recommended that he not be held responsible for the accident.

　　(2) The project contractor, Zhong * Ming, is responsible for the occurrence of the accident. It is suggested that the Haifeng County Emergency Management Bureau impose administrative penalties on the project contractor Zhong Xinming in accordance with the provisions of the "Work Safety Law" and other relevant laws and regulations.

　　(3) Wu *chun, the contractor of the project, is responsible for the occurrence of the accident. It is recommended that the Haifeng County Emergency Management Bureau impose administrative penalties on Wu *chun, the contractor of the project, in accordance with the "Work Safety Law" and other relevant laws and regulations.

　　6. Suggestions for accident prevention measures

　　In order to draw lessons from the "10.26" general construction accident in the attached town of Haifeng County and prevent the occurrence of similar accidents, the following accident prevention measures are proposed:

　　(1) The project contractor should learn the lessons of the accident, strictly abide by the relevant laws and regulations, strengthen the safety production education and training of construction workers, must effectively ensure the investment of safe production funds, effectively take effective safety measures, provide employees with labor protection products that meet national standards or industry standards, and supervise and educate employees to wear and use them in accordance with the rules of use.

　　(2) County housing and urban-rural construction management departments should strengthen the supervision and guidance of daily law enforcement in townships and towns in connection with the matters of decentralizing administrative law enforcement in town streets. In accordance with the principle of "who is in charge and who is responsible," it is necessary to draw inferences from each other, conscientiously perform duties, strengthen routine supervision and investigation of hidden dangers, make full use of legal means to investigate and deal with illegal construction behaviors, promptly discover and eliminate hidden dangers of accidents, and prevent similar accidents from occurring.

　　(3) The people's governments attached to cities and towns should, in accordance with the principle of "territorial management" and in combination with the requirements of decentralization of administrative law enforcement powers, strengthen supervision and inspection of the safety production status of production and business units in their administrative regions, and strengthen publicity and education on the safety of indoor decoration in rural residential buildings in view of the problems exposed by this accident. It is necessary to draw inferences from one another, conduct a comprehensive investigation of rural self-built housing projects within the jurisdiction, actively carry out special safety rectification in the field of rural self-built housing, and promptly discover and strictly investigate and deal with violations of laws and regulations in rural self-built housing construction.

　　(4) Relevant functional departments should strengthen safety production education and training and publicity work, supervise and urge production and business units to strictly implement the safety production rules and regulations and safety operation procedures of their units, and do a good job of relevant safety protection measures, enhance the safety awareness and self-protection awareness of employees in the construction industry, and put an end to risky operations, illegal commands, illegal operations and other behaviors. It is necessary to standardize the safe production behavior in the field of self-built houses, including the interior decoration of rural residences, and plug the legal blind spots and management vacuum.

Source: Haifeng County Emergency Management Bureau