"Thanks to the prosecutor's concern and help to our company, we will conscientiously do a good job in the company's corporate compliance construction in the coming time." The person in charge of a coal mining company in Libo County said to the prosecutor who undertook it.
On February 13, 2023, when Li Moumou, an employee of a coal mining company in Libo, was working in the mine, he operated the button of the power transmission device without having the qualifications to operate electrical equipment and without the orders of others, privately operating the button of the power transmission device to transmit power, resulting in Wen Moumou, who was carrying out maintenance operations in the electromechanical chamber of the transportation lane, was electrocuted and died after rescue. After the accident, the company's personnel reported the incident, and then the safety supervision department launched an investigation into the accident. On February 15, the company involved in the case reached an agreement with the victim's family on compensation for work-related deaths. On April 27, the safety supervision department transferred the suspected crime of Li Moumou found in the accident investigation to the public security organs, and the public security organs filed and investigated the case. On October 7, the public security organs transferred the case to the procuratorate for review and prosecution.
Comprehensive performance of duties, procuratorial suggestions to help enterprise risk investigation
After visiting the corresponding administrative departments and the enterprises involved in the case, the procuratorial personnel learned that the company involved in the case was formerly a coal mining company in Qiannan Prefecture established in 2006, and was later changed to a coal industry limited company in Guizhou in 2019, with a registered capital of 100 million yuan, and now more than 230 people are employed, and the average annual output value is 80 million yuan to 100 million yuan under normal production conditions. On the day of the accident in this case, the management personnel of the enterprise held a premature meeting on matters such as safety production in the mine, and the main reasons for the accident were: first, the failure to strictly implement and implement the safety production system; second, the investigation and management of production hidden dangers are not in place; the third is the lack of on-site power supply and electricity safety management; Fourth, the victim Wen XX did not carry out maintenance in accordance with the operating specifications; Fifth, the actor Li Moumou operated in violation of regulations. The safety supervision department investigated and found that the victim Wen and the perpetrator Li were directly responsible for the accident. Accordingly, on the basis of the facts ascertained in the case, combined with the investigation and visits, the procuratorial case-handling personnel formulated and issued the "Procuratorial Proposal" to the company involved in the case, and put forward relevant suggestions on compliance risk investigation, compliance system construction, compliance operation system, and compliance culture. Later, the company involved in the case made a compliance commitment and submitted a compliance-related application of the enterprise involved in the case.
Multi-party collaboration to ensure the targeted and effective compliance rectification
In order to ensure that a coal industry company in Guizhou completed the rectification of safety production compliance, after the Guizhou Provincial Procuratorate approved the case of Li's suspected major liability accident to be handled in compliance with the company involved in the case, the People's Procuratorate of Libo County requested the Federation of Industry and Commerce to form a third-party evaluation organization to carry out supervision and inspection by coal mine safety production experts, and took the initiative to invite the court to participate in the entire supervision and inspection process. The third-party assessment organization shall conduct written reviews of the company's production safety compliance plan and implementation plan and draft safety production system from time to time to ensure that the company's compliance rectification covers the risk points existing in the company's production and operation parties. The procuratorate, the third-party assessment organization and the court conducted an on-site investigation of the company, and based on its actual situation, the third-party assessment organization put forward rectification opinions on the company's compliance plan and system construction. According to the rectification opinions put forward by the third-party assessment organization, the company adjusted the compliance plan in a timely manner, added emergency drill plans, occupational disease prevention measures, emergency rescue and other systems on the basis of the established safety production system, and carried out fire prevention drills and emergency drills to improve the awareness of safety production responsibility, mutual insurance awareness and self-protection ability from top to bottom.
Treat both the symptoms and the root causes, and comply with the operation to help enterprises achieve stability and long-term success
On December 12, 2023, the third-party assessment organization made an inspection opinion on the completion of the rectification after conducting a compliance rectification inspection of the enterprise involved in the case. In order to ensure that the compliance rectification of the enterprise involved in the case is truly implemented and enforced, the procuratorial and case-handling personnel shall go to the enterprise to carry out a return visit to the case three months after the completion of the compliance rectification inspection. During the return visit, through in-depth conversations with enterprise managers and coal miners, as well as in-depth inspection of mine records and monitoring, it was learned that the company had newly hired licensed special personnel and increased the proportion of special personnel; Purchase new downhole equipment to improve the safety of downhole production; Regularly organize and carry out safety production training, first aid training, etc., to enhance the awareness of safety production. After the return visit, it was found that the company's implementation of the relevant safety production system and safety production awareness have changed greatly from before the rectification, and its compliance rectification has achieved good results.
This is a microcosm of the Libo County Procuratorate's efforts to punish crimes and protect the production and operation of private enterprises.
Since 2023, the Libo County Procuratorate has focused on the work of "procuratorial protection of enterprises" and "compliance of enterprises involved in cases", and has taken the comprehensive performance of duties and the handling of every enterprise-related case with high quality and efficiency as the basic requirements for procuratorial organs to serve and ensure the high-quality development of the local economy and society. In the future, the Libo County Procuratorate will continue to adhere to the combination of crime punishment and governance, and implement the work requirements of the "three unifications" of case-handling results.
(Source: Libo Procuratorate)