The authority to investigate accidents related to machines and equipment in the execution of construction works

Decree No.06/2021/NĐ-CP Accordingly, provide for the authority to investigate accidents related to machines and equipment in the execution of construction works.

Decree No.06/2021/ND-CP in which the investigation into accidents related to machines and equipment is carried out:

- The power to investigate accidents related to machines and equipment:

+ Provincial People's Committees shall investigate the accidents related to machines and equipment in the province, except for the cases prescribed in Point b and Point c this Clause;

+ The Minister of National Defense and the Minister of Public Security;

+ The specialized construction management Ministry shall assume the prime responsibility for investigating accidents related to machines and equipment used for construction activities in case it is assigned by the Prime Minister.

- The agency competent to investigate the incident specified in Clause 1 of this Article shall set up an investigation team to investigate the incident. The Incident Investigation Team shall be composed of representatives of construction specialized agencies, relevant agencies and experts in relevant specialized techniques. The authority in charge of the investigation shall appoint a consulting organization to find the cause of the accident and offer remedial measures if necessary.

- Contents of investigation into accidents related to machines and equipment:

+ Collect relevant documents and specifications and carry out professional tasks to identify the reasons;

+ Evaluate the safety of machines, equipment, construction works and adjacent works (if any) after the accident;

+ Assignment of responsibilities of concerned organizations and individuals;

+ Prepare the investigation record, including: the investigation report and relevant documents.

- The investor shall advance the cost of the investigation. When the result of the investigation is received and the responsibility delimitation is defined, the organization/individual that causes the incident shall pay the cost of the investigation. If the incident is caused by a force majeure event, the cost of the investigation shall be paid in accordance with the relevant construction contract.

- For accidents related to machines and equipment not on the list of machines and equipment with strict requirements for use in work construction, which do not seriously injure or cause death, the investors shall have to organize the investigation and handling of accidents related to machines and equipment.

Anh Duy

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