Traditional Culture Encyclopedia - Photography major - Who is responsible for the crane unhooking and hitting the workers?
Who is responsible for the crane unhooking and hitting the workers?
1. It is the employer's responsibility that the crane unhook and hit the workers. In the process of on-site construction, if the crane is unhooked and hits the workers, it is a production safety accident, and the employer shall bear the responsibility, resulting in the death of the workers, which may constitute a criminal offence.
2. Legal basis: Article 134th of the Criminal Law of People's Republic of China (PRC).
If the crime of major accidents violates the relevant provisions on the safety management of production and operation, causing major casualties or other serious consequences, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially bad, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Whoever forces or organizes others to take risks in violation of regulations, or forces others to take risks in violation of regulations, or does not rule out the hidden dangers of major accidents knowing that there are serious casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are particularly bad, they shall be sentenced to fixed-term imprisonment of not less than five years.
2. What is the real danger of serious casualties or other serious consequences?
1. Shut down or destroy monitoring, alarm, protection and life-saving equipment and facilities directly related to production safety, or tamper with, conceal or destroy their relevant data and materials;
2, due to the existence of major accidents, was ordered to stop production, stop construction, stop using related equipment, facilities, places or immediately take corrective measures to eliminate the danger, and refused to implement;
3. Engaging in dangerous production activities such as mining, metal smelting, construction and the production, management and storage of dangerous goods without approval or permission according to law.
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