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Taking the Case as a Mirror | Explosion Accident in a Hazardous Waste Warehouse of a Hazardous Waste Management Unit in Zhejiang Province
发布时间:2024-04-19

01


Accident process


The enterprise rented an empty room on the northeast side of the second floor of Building 5 in Hongjiatang Village, Changkou Town, Fuyang District as a warehouse without the consent of relevant departments. Starting from the end of April 2022, the warehouse was used as a temporary hazardous waste storage warehouse without environmental impact assessment approval, and hazardous waste sorting and classification operations were carried out.


At around 13:10 pm on July 8, 2022, an explosion accident occurred while workers were working at the hazardous waste temporary storage warehouse on the second floor of the factory. The accident resulted in one death and one injury, with a direct economic loss of 2 million yuan. At the time of the incident, there were dozens of hazardous wastes on site, including discarded banana water, ethanol, methanol, formaldehyde solution, organic solvents, and various experimental chemical reagents for primary and secondary schools. Some hazardous waste containers had missing or altered labels.

以案为鉴 _ 浙江某危废经营单位危废仓库爆燃事故1.png


02


Cause of accident


(1) Direct cause


Failure to effectively ventilate and detect flammable and explosive gases in the affected warehouse before homework; Employees smoking in violation of regulations while working in the warehouse, resulting in open flames that ignite flammable and explosive mixtures in the warehouse and cause explosions.


(2) Indirect causes


1. The enterprise's safety management is not strict, and the second floor incident warehouse has not implemented safety risk identification and safety control measures; Failure to implement safety hazard investigation at the work site; Inadequate safety education and training for operators, resulting in employees engaging in illegal and risky operations.


2. Safety management personnel at all levels of the enterprise have not implemented their safety production management responsibilities layer by layer, failed to timely and effectively stop employees from engaging in illegal and risky operations, did not designate a dedicated person to be responsible for the work site, and did not promptly and effectively eliminate accident hazards.



3. The local and industry management departments have not strictly supervised the daily safety production of the company, and the inspection and investigation of hidden dangers at the work site are not in place.


03


Accident liability


The enterprise is a production and operation unit with lax safety management, and the incident warehouse has not implemented safety risk identification and safety control measures; Failure to implement safety hazard investigation at the work site; Inadequate safety education and training for operators, resulting in employees engaging in illegal and risky operations, and being held responsible for the occurrence of accidents.


The legal representative of the enterprise failed to effectively fulfill the safety management responsibilities of the main person in charge, and the emergency management department imposed administrative penalties on him. The vice president and safety officer of the enterprise shall be held criminally responsible in accordance with the law. One employee engaged in illegal and risky operations and bears certain responsibility for the accident. Considering that they have died, they are exempt from relevant responsibilities.


04


Interpret the law by case


Article 21 of the Safety Production Law stipulates that the main person in charge of a production and operation unit shall have the following responsibilities for the safety production work of the unit: (2) organize the formulation and implementation of the unit's safety production education and training plan; (5) Establish and implement a dual prevention mechanism for safety risk classification control and hazard investigation and treatment, supervise and inspect the safety production work of the unit, and promptly eliminate production safety accidents and hazards.


Article 25 of the Safety Production Law stipulates that the safety production management institutions and safety production management personnel of production and operation units shall fulfill the following responsibilities: (2) organize or participate in the education and training of their own units, and truthfully record the situation of safety production education and training; (3) Organize the identification and evaluation of hazards, and supervise the implementation of safety management measures for major hazards in the unit; (6) Stop and correct behaviors that violate command rules, force risky operations, and violate operating procedures.


Article 95 of the Safety Production Law stipulates that if the main person in charge of a production and operation unit fails to fulfill the safety production management responsibilities stipulated in this law, resulting in a production safety accident, the emergency management department shall impose a fine in accordance with the following provisions:


(1) If a general accident occurs, a fine of 40% of the annual income of the previous year shall be imposed.


Article 96 of the Safety Production Law stipulates that if other responsible persons and safety production management personnel of production and operation units fail to fulfill their safety production management responsibilities as stipulated in this Law, they shall be ordered to make corrections within a specified time limit and fined not less than 10000 yuan but not more than 30000 yuan; For those who cause production safety accidents, their qualifications related to safety production shall be suspended or revoked, and a fine of not less than 20% but not more than 50% of the annual income of the previous year shall be imposed; If a crime is constituted, criminal responsibility shall be pursued in accordance with the relevant provisions of the Criminal Law.


05


Security implications


The occurrence of the accident exposed prominent problems such as the lack of firm awareness of the enterprise's safety red line, chaotic on-site safety management, serious "three violations", inadequate risk identification, and incomplete hazard investigation.


Each production and operation unit should deeply learn from the lessons of accidents, based on its own production process characteristics, and in accordance with the requirements of the Safety Production Law of the People's Republic of China, establish and improve a comprehensive safety production responsibility system for all employees, sort out and improve safety production rules and regulations such as operating procedures and emergency response plans that are suitable for team positions, implement a dual prevention mechanism of safety risk grading control and hidden danger investigation and treatment, systematically, fully, and dynamically carry out safety risk identification and implement control measures, strengthen education and training for all employees, and improve the essential safety level of the enterprise.


Regarding the management of hazardous waste, it is necessary to standardize the construction of hazardous waste storage facilities in accordance with the requirements of the Solid Waste Pollution Prevention and Control Law of the People's Republic of China, the Technical Specification for the Setting of Hazardous Waste Identification Marks, and the Pollution Control Standards for Hazardous Waste Storage, comprehensively improve the level of standardized management of hazardous waste, and effectively control environmental risks of hazardous waste.