Discussion on the supervision gap in the long chain of dangerous goods transportation in Wenling explosion accident

 Discussion on the supervision gap in the long chain of dangerous goods transportation in Wenling explosion accident

Frequent accidents have also tightened the supervision of relevant departments. In fact, on January 1 this year, the measures for the safety management of road transport of dangerous goods (hereinafter referred to as the measures) issued by the Ministry of transport and other six departments has just been implemented. More than one month before the accident, the Ministry of communications also released the opinions on Comprehensively Strengthening the work of safe transportation of hazardous chemicals, which requires the strict implementation of the management measures, and in combination with relevant departments, strengthen the safety supervision of the whole chain of road transportation of hazardous goods such as consignment, transportation, loading and unloading, vehicle operation, etc. in accordance with the law and responsibility.

The complexity of supervision links is a distinctive feature of road transportation supervision. Li Yanxia, researcher of the Research Institute of science of the Ministry of transport, said: the management measures are jointly issued by the departments of transport, emergency response, public security, industry and information technology, environment and market supervision, but there are more involved supervision departments, which is similar to the supervision of online car Hailing. The Interim Measures for online car Hailing management are jointly issued by seven departments, but there are more than seven involved departments.

Industry insiders believe that it is precisely because of the long supervision chain and many regulatory departments of hazardous chemicals road transportation that it is easy to have regulatory gaps and repeated law enforcement. Where are these gaps and how should they be improved in the future?

Risky transportation

At about 6 a.m. on June 13, master Xiong and master Xie, the drivers of the tank car, planned to go from Wenzhou to Ningbo Beilun District to fill the wharf outside guanwai with liquefied gas. In recent years, because of the high-speed dangerous chemicals transportation accidents, Zhejiang Province stipulates that from 0 to 6 oclock every day, dangerous chemicals transportation vehicles are prohibited in the expressway sections of the province.

This vehicle belongs to Ruiyang dangerous goods transportation Co., Ltd. of Ruian City, Wenzhou City. The liquefied gas contained in this vehicle belongs to Changtai electric power and Gas Co., Ltd. According to the report, Lin weizhe, deputy director of Ruian road transport administration, said the vehicle has an operation license and the drivers and escorts are also qualified to work. The tankers involved were just licensed in April 2019, and both tractors and trailers are new vehicles.

According to relevant regulations, the production enterprises of dangerous goods transport vehicles shall carry out production in accordance with the product models announced by the competent industrial and information technology departments. The tank production enterprise shall obtain a production license for industrial products. Vehicles and tanks shall also be subject to regular inspection. Vehicles shall be inspected by the transportation department once a year.

The supervision of personnel is relatively centralized. Transportation enterprises, drivers, loading and unloading managers, escorts, declaration personnel, etc. shall pass the examination of the transportation department and obtain the employment qualification.

According to public reports, Xiong, the driver, has the dual qualifications of road transport driver and road transport escort of dangerous goods, both of which are within the validity period; Xie, the escort, has the qualification of road transport escort of dangerous goods.

At about 13 oclock that day, they finished filling and set out from Ningbo to Changtai company, located in Ouhai, Wenzhou. The filling process is also strictly regulated by many departments.

It should be noted that the accident occurred in the transportation process, but the risk may be hidden in the previous link.

Zhang Zhuting, a professor at the cadre management college of the Ministry of transport, told reporters, before transporting dangerous goods, carriers should check the technical conditions of transport vehicles, tanks and satellite positioning devices. Before starting, the driver and the escort shall also conduct visual inspection on the vehicle and tank body to ensure that there are no defects affecting the transportation safety.

Some scholars have analyzed nearly 100 cases of traffic accidents of dangerous goods in China from 2008 to 2018 and found that the proportion of accidents caused by human errors is as high as 62%, and the proportion of accidents caused by vehicle failures is about 18%.

Even in the context of streamlining administration and delegating power, in recent years, the state has been strengthening the supervision of road transport of dangerous chemicals. Relevant carriers, drivers, escorts, safety management personnel, stevedores, etc. must obtain professional qualifications. But all of these belong to pre supervision. In order to prevent accidents, we must strengthen supervision during and after events. Zhang Jinpeng, former director of the traffic management and Transportation Law Committee of Beijing Lawyers Association, said.

Long chain of supervision

When the tank car gets off the high-speed ramp near Liangshan village, Daxi Town, Wenling City, G15 Shenhai high-speed, the tank body suddenly disintegrates. The main tank was sprayed with white mist and flew to a place about 300 meters away. The road section here is also quickly covered in the white dense fog of liquefied gas. About 90 seconds later, combustion and explosion occur.

After the accident, the safety committee of the State Council decided to sign up for supervision, urge all parties to compact the responsibility of safety production, further strengthen the safety supervision of the whole chain of dangerous goods transportation, improve the joint law enforcement mechanism, promote the implementation of the main responsibility of safety production by enterprises, and prevent and resolve major safety risks.

At present, the cause of the accident has not been announced, but the fact that there are many risk points in the road transportation of dangerous goods and long supervision chain is indisputable. In the division of responsibilities for safety supervision of Hazardous Chemicals issued by a prefecture level city, 24 departments are set up.

As the main law enforcement basis, the regulations on the safety management of hazardous chemicals defines the supervision links of production, storage safety, use safety, operation safety, transportation safety, emergency rescue, etc.

The vulnerability of multi department supervision also includes inadequate information sharing. The public security department is responsible for the examination and approval of hazardous chemicals vehicle transportation pass, but if the information is not informed to the transportation department, it will bring difficulties to the supervision of vehicle transportation status. The inspection information of the pressure gauge, safety valve and tank body of the dangerous chemical vehicle of the market supervision department also needs to be shared in time.

In fact, due to the lack of information sharing, some local transportation, public security, market supervision and other departments will require vehicle detection, resulting in repeated waste. Said the law enforcement official.

For the regulatory system of Jiulong water control, experts in the industry have long called for the establishment of a professional regulatory team.

The U.S. Department of transportation has established the pipeline and dangerous goods transportation administration (phmsa) and five regional offices in the eastern, central, western, southern and southwest regions. The Transport Department of Canada has set up its own law enforcement team for the transport of dangerous goods.

Enterprises bear the main responsibility of safety production

Wenling explosion accident is still under investigation. What kind of punishment and accountability will the relevant personnel receive?

In the past similar accidents, there have been criminal punishments for the relevant responsible persons. Zhang Jinpeng told reporters that the crimes committed by the person responsible for road transport accidents of dangerous chemicals are generally the crime of causing accidents with dangerous goods, the crime of major liability accidents and the crime of dereliction of duty.

The crime of causing an accident with dangerous goods and the crime of major liability accident are all negligent crimes. The sentencing is divided into different files according to the circumstances. I think if the Wenling explosion accident is recognized as a production safety liability accident, the consequences of 20 peoples death have met the circumstances of particularly serious consequences and especially bad circumstances in the two charges, and can be sentenced to fixed-term imprisonment of more than three years but less than seven years. He said.

The crime of causing an accident with dangerous goods must violate the regulations on the management of dangerous goods, so it is generally committed by the personnel engaged in the production, storage and transportation of dangerous chemicals. The crime of major liability accident can be committed by all the enterprise personnel and public officials who violate the relevant regulations on safety management. If some public officials fail to perform or seriously perform their duties, leading to major losses, they are suspected to commit the crime of dereliction of duty. u201dHe said.

For the supervision of road transportation of dangerous goods, the enterprise shall bear the main responsibility of safety production. However, it is reported that Ruiyang dangerous goods transportation Co., Ltd. of Ruian City was punished by Wenzhou and Ruian road transportation administration 10 times from 2016 to 2018, but the total fine amount was only RMB 149 thousand.

Before the accident investigation results are published, it cant be concluded that the accident is related to the problems that have been punished before, but an enterprise has been punished many times, which shows that the safety management awareness of the enterprise is not in place, and the safety management work is insufficient. Zhang told reporters. According to Li Yanxia, small mistakes often lead to major disasters, but even if an enterprise always makes small mistakes, it must be punished in accordance with the legal circumstances, and it cannot be punished excessively for a small mistake beyond the law. In order to prevent small mistakes from becoming big ones, Li Yanxia believes that more information evaluation mechanisms can be used to manage the red blacklist of enterprises that have been punished continuously for a period of time, and collect the administrative punishment information related to enterprises into the national enterprise credit information publicity system in a timely manner. (author: Wang Feng editor: Geng Yanbing) source: editor in charge of 21st century economic report: Zhang Mei_ NF2100

According to Li Yanxia, small mistakes often lead to major disasters, but even if an enterprise always makes small mistakes, it must be punished in accordance with the legal circumstances, and it cannot be punished excessively for a small mistake beyond the law.

(author: Wang Feng editor: Geng Yanbing)