Water Accident Blast "3 · 21" is exposed to a deep security problem
Recovering security risks can not go through that area
● The competent person has committed a criminal offense of environmental pollution, especially if he commits a crime and is sentenced to death due to illegal disposal of hazardous waste, it is forbidden to engage with life in relevant industries.
● Since there are a number of security risks, it is necessary to propose clear and specific reviews of the correction, including which firm or workshop should be interrupted, correct and clear time constraints, etc. And the problem solving needs to be carried out in certain companies and certain responsible persons.
● To ensure the safe production of hazardous chemicals, we need to work on three aspects: legislation, law enforcement, and justice. Specific regulations on production safety for hazardous chemicals should be formulated, strengthened safety management of hazardous chemicals production, strengthened the mechanism of liability and imposed disciplinary sanctions or investigate appropriate legal responsibilities for supervisors who are not acting or act in a slow way; At the same time as the punishment of the companies involved, we also need to increase the criminal responsibility of the company's managerial staff.
Journalist Du Xiao
Intern This magazine was written by Shan Wenyi
On April 4, Jiangsu Yancheng held a meeting of the Permanent Committee of the Municipal Party Committee, saying it would completely shut down the special story of a large explosion, the 3 x 21 ", Xiangshui County Chemical Industry Park, and include Chenjiagang City in the city to improve the resident's living conditions Pilot city of Baicun.
Approximately 14:48 hours on March 21 there was an explosion in Jiangsu Tianjiayi Chemical Co., Ltd. in Chenjiagang City, Xiangshui District, Yancheng City, Jiangsu province. According to official reports, the March 25th accident caused 78 deaths.
Following the blast of water explosions, the CPC Central Committee's Secretary General, the president of the state, and President of the Central Military Commission, Xi Jinping, immediately instructed Jiangsu Province and the relevant departments not to spare their efforts to save and rescue the captured, timely repair the wounded, after that and effectively protect the society. stable. It is necessary to strengthen monitoring and early warning, prevent and control environmental pollution and prevent secondary catastrophes. It is necessary to ascertain the cause of the accident as soon as possible, to promptly publish the relevant information and to strengthen the public opinion guidelines. Secretary-General Xi Jinping emphasized that there have been major security incidents in some places in recent days, and local and relevant departments should learn from lessons, strengthen research on potential security hazards, strictly implement the system of responsibility for production safety, resolutely protect themselves from serious accidents and ensure the safety of life and property of people.
It is understood that the public security authorities have taken criminal measures against three suspects who have significant responsibility for Jiangsu Tianjiayi Chemical Co., Ltd. In the next step, public security bodies will further intensify investigative actions and investigate and prosecute suspected criminals in accordance with the law.
Problems that are reflected in an explosion with water explosion deserve public reflection. Journalist "Legal Daily" talked to relevant industry experts.
Discovery information is detected in a timely manner
Take the mass to protect yourself
The impact of a water explosion accident on the surrounding environment has become one of the biggest public interest.
After the explosion crash, three levels of surveillance forces in Jiangsu Province and the county continued to carry out on-site monitoring, and the Department of Ecology and Environment sent environmental monitoring forces in Wuxi, Suzhou, Nantong, Lianyungang, Yangzhou and Taizhou to control the direction wind and wind. It is downstream from the Guanhe River and the inner river of the park. At the same time, under the point of explosion, the sensitive wind direction performs the navigational control of the organic matter.
Explosive explosion test data showed that the concentration of sulfur dioxide and nitrogen oxides in the atmosphere showed a gradual decline in the trend, and concentrations of pollutants such as benzene, toluene, xylene and chlorobenzene remained stable and standard and pollutants in the aquatic environment were complex. Further tests and analyzes are required. There is no source of drinking water downstream of the accident site, and the safety of drinking water for people is not compromised.
"The chemical industry park Chenjiagang has several companies, supermarkets and business buildings, and a chemical park is located along the river, and there are villagers and towns across the river. the explosion can be plunged into the nearby water body or penetrated into the ground, which is a potential risk to be considered, "said Cao Mingde, a professor at the Chinese University of Political Science and Law.
From the standpoint of the atmosphere, Cao Mingde believes that it is necessary to fully consider the possible impact on the surrounding commercial institutions, villages and cities, kindergartens, elementary and secondary schools. Generally speaking, in the case of better meteorological conditions, pollutant substances in the atmosphere will rapidly expand to other areas, slowing down the local influence.
Article 11 "Measures for the publication of environmental information (trial)" stipulates that: "The Environmental Protection Offices, within their functions and responsibilities, publicly announce plans for the dangers, prognoses, events and disposal of environmental emergencies." After that, local authorities should do their utmost to achieve information disclosure, let people know the real situation they face, and properly lead people to take self-protection measures, "said Gao Guilin, Director of the Center for the Ecological and Economic Rule of Law University of Economics and Business.
Once devoted to environmental pollution
It was necessary to ban the business
On March 23, special major for major accident investigation Jiangsu Xiangshui Tianjiayi State Council Company held its first plenary session, claiming that the accident accident problem is highly prominent, suggesting that some places and businesses in Jiangsu Province have absorbed the accident in the past. The good lessons and the improvement of the security production work were not serious, they were not solid, they took the form and wandered in the scene of an accident, companies were continually investigating, reporting and punishing, and the responsible person in the company still seriously violates the law and doing its own thing, which eventually resulted in a tragic accident.
Relevant search media Chinese court found that due to environmental pollution, the main person in charge of the chemical company Jiangsu Tianjiayi Chemical Co., Ltd. sentenced by the City People's Court in January 2017 and fined.
As soon as the tribunal investigated, in late 2012, the Tianjiayi unit co-operated with others in violating state regulations and illegally disposing of more than 100 tons of hazardous waste, seriously polluting the environment, and its behavior was a criminal offense of environmental pollution, a unique crime and common crime. The defendants Zhang Qinyue and Wu Guozhong, as the person directly responsible for the company and other directly responsible personnel, should also bear the criminal responsibility for environmental pollution. According to relevant court interpretations, the illegal disposal of more than 3 tons of hazardous materials is one of serious environmental pollution cases, and the number of hazardous waste in this case is estimated at 124.18 tons.
The first-instance court verdict found that the accused unit of Jiangsu Tianjiayi Chemical Co., Ltd. convicted of environmental pollution and sentenced to one million RMB. The accused Zhang Qinyue was sentenced for environmental pollution and sentenced to one and six months in prison, suspended for two years and a fine of 300,000 yuan, and the accused Wu Guozhong was sentenced for environmental pollution and sentenced to one and three months in prison and suspended for six years. Months, with a fine of 200,000 RMB.
Gao Guilin told reporters that according to the "prohibition of employment" as provided for in Article 37 of the Criminal Code (9), "a criminal offense of condemnation for professional comfort or the execution of a certain obligation that violates professional requirements, the People's Court" is pronounced "According to the circumstances of the crime and the need to prevent recidivism, it is forbidden to engage in relevant occupations from the day of completion of the sentence or on parole, for a period of three to five years. "Persons who are prohibited from participating in relevant occupations violate the National Tribunal in accordance with the foregoing paragraph. If a decision has been made, the public security body shall impose a sentence in accordance with the law.
Cao Mingde also said that according to the "Summary Symposium on Contaminant Contamination of Environmental Pollution" issued by two high and three departments on February 20, 2019, the national courts should generally declare a prohibition of access to probation officers sentenced to a suspended sentence . During the test period, it deals with business activities related to waste disposal or disposal of hazardous waste. According to the Prohibited Provisions, the Department of the Environment should not issue a permit for drainage or hazardous waste business to the designated personnel as the actual controller, the principal or the senior management.
"The responsible person has committed a crime of environmental pollution, especially if he committed a crime and was sentenced to death because of illegal disposal of hazardous waste, which would have to prohibit his life in relevant industries." This explosion is a blood test, "said Cao Mingde.
Correcting security hazards in place
Stop production can not cure all illnesses
According to relevant media reports, "The letter from the State Security Office for Work dated 7 February 2018, issued by the General State Security Office on Safety Regulatory Affairs, has 13 security hazards." At the beginning of August 2018, the official the Xiangshui People's Government website has announced a public announcement of Tianjiayi's request for the resumption of production. "" According to the regulations, companies in the park punished with punishment must complete the correction before they can continue production. In this "Jiangsu Tianu" In Jiayi Chemical Co., Ltd. Environmental Protection Efficiency Evaluation and Rehabilitation Report Rehabilitation, the continuation of production audit only involves the assessment of the efficiency of environmental protection facilities, and does not include safety.
"This is a relatively obvious way, companies have serious security threats, and the relevant competent authorities have made a clear letter asking for a correction, but in the process of rectification, local authorities have avoided the danger and avoided the dangers of the production process. security risks were not seriously audited, and the company was given permission to resume production, and local authorities should have certain responsibilities, "said Cao Mingde.
Cao Mingde believes that relevant local departments may have problems in their work methods because they can not remove hidden dangers from the production safety just through meetings and production suspensions, and must take targeted measures. "Since there are a number of security threats, clear and specific thinking about correction needs to be made, and for problem-solving safety-related measures, the measures to address the problem should be implemented by certain companies and certain responsible persons, and the general departments should pay due attention. understand the actual situation of each company in the chemical park and propose concrete solutions to the problem, including the company, which workshop should be broken down, correct and set a clear deadline, "said Cao Mingde.
Gao Guilin believes that, in accordance with Article 62 of the Law on Safe Production, "the Department of Supervision and Production Safety Management and other departments responsible for overseeing and managing the security production must carry out work on implementing the law on production safety in accordance with law and enforce production safety laws manufacturing and business units, supervising and verifying regulations and national standards or industrial standards and performing hidden hazards found in inspections, they must be immediately excluded, and if major accident safety can not be guaranteed before or during the elimination process, they will be ordered to withdraw from dangerous areas. The operator is ordered to temporarily suspend production or suspend business or stop using related facilities and equipment after major accident, production and operation and use of & # 39; rights & powers & # 39; can be continued after review and approval. "In Jiangsu Tianjiayi Chemical Co., Ltd. Environmental Protection Efficiency Evaluation and Rehabilitation Report Recovery", the continuation of production audit only includes the assessment of the environmental performance of facilities, and does not include security, apparently not in accordance with the legal provisions. " Gao Guilin said.
Gao Guilin also believes that, after an explosion crash, on the one hand, the relevant regulatory agencies should immediately intervene in the investigation, initiate relevant procedures and investigate corporate liability lawsuits and related persons, including criminal liability, and on the other hand, local oversight the board may If the responsible person in the department conducts a conversation and may be suspected of a criminal offense of non-committal, he / she has to immediately initiate the investigation of his / her duty and investigate the legal responsibility of the manager for neglect of duty.
A senior security expert who asked not to be appointed to reporters said that companies must be the most responsible for the body, followed by regulatory responsibility, including industry oversight and comprehensive oversight, and appropriate accountability needs to be investigated. Very mature. For example, it is a major responsibility to find out who the actual person is in control, because her right to speak is very important. There is a balance between security and efficiency, and how to balance that balance is the key. Some people seriously understand their interests and have the opportunity to invest in safe production. For a safe investment in production, the actual control side has a great voice, and investment in production safety is not enough to bear a great deal of responsibility.
Prevention of resource management
Supervision has been established to strengthen accountability
After an accident with a water explosion, several provinces also urgently considered the danger of dangerous chemicals production.
It is understood that the Standing Committee of the 12th National Congress in 2014 discussed and passed the "Decision on Amendments to the Food Safety Act of the People's Republic of China" and first revised the Law on Production Safety.
In 2018, the General Office of the Central Committee of the Communist Party of China and the General Council of State Council issued a "Rulebook on the Responsibility Responsibility Responsibility for Local Party and Government Creation Security", which clearly defines responsibility for producing the security of party committees and government leaders at county level and above.
Following the accident of the explosion, the State Security Council issued an urgent notice stating the strict implementation of the "Rule of Law on Responsibility for the Safety of Production of Local Parties and Governments", and emphasizing and compiling the responsibility for the production of security of all units at all levels and departments. Maintain the basics of basic production of security production. It is necessary to solve the underlying and fundamental causes of the accident, to make painful thoughts, to deepen the reflection, to solve real problems and to encourage the production of security at a new level.
Cao Mingde believes that after the accident will generally conduct extensive research, intensive correction and completely eliminate potential security hazards. For safe production and environmental protection we must try to avoid finishing, prevent it from the source and prevent it. The precautionary principle is also the fundamental principle of environmental law. Compared to the ex-post administration, the cost of ex ante prevention is much smaller, especially for hazardous chemicals companies.
"Hazardous chemical products companies must adhere to regulations on hazardous chemicals management and implement effective measures to prevent dangerous production accidents in hazardous chemicals companies from sources. In terms of knowledge training it is often necessary to be responsible for companies with hazardous chemicals. People and employees should be trained and relevant departments should carry out day-to – day supervision and encourage companies to establish a strict internal control mechanism. Public oversight, the principle of public participation, is also an important principle of environmental law. It is necessary to ensure the right of public and social organizations to know and participate, and to enable public and social organizations to supervise and correct, including the submission of administrative disputes and litigation in the public interest of the environment. External oversight can compensate for the lack of government oversight to effectively protect public environmental rights and interests, including the rights and interests of some employees of hazardous chemicals companies.
Gao Guilin has suggested that, in order to ensure the safe production of hazardous chemicals, efforts must be made on three aspects of legislation, law enforcement and justice. Specific regulations on production safety should be formulated for companies dealing with hazardous chemicals, strengthen the safety management of hazardous chemicals production, strengthen the mechanism of accountability and give disciplinary sanctions to supervisors who do not work slowly and slowly until appropriate legal responsibility is investigated; Simultaneously with the punishment of the companies involved, it is necessary to increase the criminal responsibility of the company's managerial staff and to investigate the management's responsibility for their misconduct. Such a tripartite approach can reduce similar incidents.
"To control dangerous chemical companies, first and foremost, it is necessary to strengthen and implement the already existing surveillance system. It can learn from supervisory methods in mining companies and timely upload images to relevant monitoring departments at all levels in order to carry out real-time monitoring. the link has been holes in the law, the supervisory instrument must be upset for the first time, and the relevant departments will immediately give the company correction instructions, "said Gao Guilin.
Said experts in the area of production safety, who do not want to be named, believe that China conducts hierarchical surveillance or hierarchical surveillance. The so-called hierarchical oversight, that is, according to the company's results in the area of production safety, to control its historical performance, the frequency of inspections for companies with many zeal is very high. It is necessary to look after companies that have always been in distress and are not afraid to interfere in their production order. The worst-performing companies have the highest frequency of inspections and are combined with regular and irregular regulations.
Read the full article