Investigation of accidents and incidents during the transportation of dangerous goods

In accordance with the Law of the Republic of Belarus of June 6, 2001 No. 32-Z "On the Carriage of Dangerous Goods" (hereinafter referred to as the Law):

accident – an event that occurred with dangerous goods during their transportation (explosion, fire, leakage, spillage) and resulted in harm to the life or health of an individual (individuals) or damage to property or the environment;

incident – an event that occurred with dangerous goods during their transportation (explosion, fire, leakage, spillage), which did not result in harm to the life or health of an individual (individuals) or damage to property or the environment.

The technical investigation of the causes of accidents and incidents that occurred during the carriage of dangerous goods is defined by the Instruction on the procedure for the technical investigation of the causes of accidents and incidents that occurred during the carriage of dangerous goods, approved by the Resolution of the Ministry of Emergency Situations of the Republic of Belarus of December 16, 2013 No. 67.

This Instruction defines the procedure for the technical investigation of the causes of accidents and incidents that occurred during the organizational and technological operations for the movement of dangerous goods using vehicles from their place of departure to their destination, carried out on a contractual or other legal basis, including loading (filling), unloading (emptying), stops, parking, and any time dangerous goods are in vehicles, tanks, and containers required by the terms of carriage, as well as intermediate temporary storage of dangerous goods for the purpose of changing the mode of transport or vehicle (transshipment, transloading) (hereinafter referred to as the carriage of dangerous goods).

In the event of an accident or incident occurring during the carriage of dangerous goods, the subject of the carriage of dangerous goods shall take measures to preserve the situation at the scene of the accident (incident), except in cases where work is required to eliminate the consequences of the accident (incident) in order to preserve human life and health and protect the environment. If it is impossible to preserve the situation at the scene of the accident (incident), the situation shall be recorded by means of photographic and video recording.

Subjects of dangerous goods transportation, in accordance with Articles 20 and 22 of the Law, are obliged to promptly inform state bodies exercising state supervision in the field of dangerous goods transportation safety, as well as local executive and administrative bodies, within the territory of which accidents and incidents occurred, about accidents and incidents, and to assist state bodies in investigating the causes of accidents and incidents.

Technical investigation of the causes of an accident that occurred during the transportation of dangerous goods (hereinafter referred to as the technical investigation of the causes of the accident) is carried out by a special commission for the technical investigation of the causes of accidents (hereinafter referred to as the special commission), headed by a representative of the Department for Supervision of Safe Industrial Operations of the Ministry of Emergency Situations of the Republic of Belarus.

The composition of the special commission is formed in accordance with the requirements established by Part 9 of Article 28 of the Law.

In the event that an accident occurred during the transportation of dangerous goods by vehicles belonging to the Ministry of Defense, the Ministry of Internal Affairs, the State Security Committee, the State Border Committee, other troops and military formations of the Republic of Belarus, the technical investigation of the causes of the accident is carried out by a special commission headed by a representative of the respective body.

During the technical investigation of the causes of an accident by the special commission:

explanations are requested from employees of dangerous goods transportation subjects involved in the accident;

a survey of the technical condition of dangerous goods transportation facilities at the accident site is carried out, and compliance of the technical and operational characteristics and technical condition of the facilities with the requirements established by the rules for ensuring the safety of dangerous goods transportation is determined;

weather conditions and navigational situation at the time of the accident are established;

circumstances, causes and consequences of the accident, the amount of damage caused, and persons who violated mandatory requirements of technical regulatory legal acts are established;

measures to localize and eliminate the consequences of accidents are determined.

Based on the results of the technical investigation of the causes of the accident, the special commission, no later than 15 working days from the date of its creation, draws up an accident investigation report in accordance with Part 11 of Article 28 of the Law.

A technical investigation into the causes of an incident that occurred during the transportation of dangerous goods (hereinafter referred to as the technical investigation of the incident causes) shall be conducted by a commission for the technical investigation of the incident causes (hereinafter referred to as the commission) of the consumer of transport works and services for the carriage of dangerous goods – in case of an incident that occurred on its territory, or the producer of transport works and services for the carriage of dangerous goods – in case of an incident that occurred during transportation on public roads (routes). The composition of the commission shall be formed in accordance with the requirements established by Part 5 of Article 28 of the Law.

In the event that the incident occurred during the transportation of dangerous goods by vehicles belonging to the Ministry of Defense, the Ministry of Internal Affairs, the State Security Committee, the State Border Committee, other troops and military formations of the Republic of Belarus, the technical investigation shall be conducted by a commission headed by a representative of the relevant authority.

Based on the results of the technical investigation of the incident causes, the commission shall draw up an act of technical investigation of the incident causes no later than 15 working days from the date of its establishment.

The act of technical investigation of the incident causes, drawn up by the commission based on the results of the conducted technical investigation of the incident causes, shall indicate:

  the causes and circumstances of the incident;

  the extent of the damage caused;

  violations of the legislation on the carriage of dangerous goods, including mandatory technical regulatory legal acts, that were committed;

  the subjects of dangerous goods transportation due to whose fault the incident occurred;

  employees of dangerous goods transportation subjects, servicemen of the Armed Forces of the Republic of Belarus, transport troops, state security bodies, border service bodies, other troops and military formations involved in the carriage of dangerous goods, who committed violations of the legislation on the carriage of dangerous goods, including mandatory technical regulatory legal acts, measures taken to localize and eliminate the consequences of the incident;

  measures to be taken based on the results of the technical investigation of the incident causes;

  proposals for incident prevention;

  other information about the incident as decided by the commission.

The deadline for drawing up the technical investigation report on the causes of an accident (incident) may be extended in case of involving expert organizations and specialists from research and design organizations, as well as in the presence of other valid reasons.

The technical investigation report on the causes of an accident (incident) is drawn up in at least two copies. If necessary,

an additional number of copies of the technical investigation report on the causes of an accident (incident) shall be sent to interested organizations. The technical investigation report on the causes of accidents (incidents) shall be signed by all members of the special commission (commission). A member of the special commission (commission) who refuses to sign the technical investigation report on the causes of an accident has the right to express a dissenting opinion in writing with a reasoned justification for the refusal and attach it to the report.

The accounting of accidents and incidents that occurred during the transportation of dangerous goods shall be carried out in accordance with Article 30 of the Law.