IS IT TRUTH THAT AN EXPLOSION CAN TAKE THE EX PROFESSIONAL TO CHAIN?
October 03, 2017
In industries subject to the risk of explosions by gases, vapors, dusts or fibers, such as chemical, petrochemical, petroleum, pharmaceutical, food processing, etc., the explosion is an unwanted fact, which is why large Great efforts are made to prevent or minimize the consequences if this happens. In Brazil in recent years, specific legislation has emerged for this, which has defined “what to do” to prevent this occurrence. These federal and state legislations helped (and how!) To the emergence of the technical standardization that defined “how to” to avoid the fact, highlighting that this standardization is mandatory (is law) and is based on international standards and tuned with the rest of the world. Being the norms understood as “laws” became part of the Brazilian Penal Code, subjecting
therefore, potential violators of civil and criminal liability…. But, what should be understood by "offender"? It's simple: don't meet normalization at different stages of the venture!… Example; The designer must “design, detail and specify” standard and certified solutions, materials and equipment…. The buyer must “supply” the venture with the equipment that has been specified…. The assembler must “install” according to design and relevant standards. … The maintenance professional must “keep” the equipment intact, without changing its characteristics, voiding its certification, etc.
In the face of all this, the answer to the title question is: Yes!… An explosion can drive a professional into jail if forensic evidence proves that a particular action or element was the cause of the event and could blame any of the professionals involved with the project. with assembly or maintenance.