The presence of non-public entities in the domain of public administration, to this day, has not been supported by either a coherent concept within the theory of law for the participation of non-public entities in the undertakings of public administration or in consistent legal solutions devised with such participation in mind. However, since 1997 this presence has been enjoying its constitutional backing in the subsidiarity principle in the Preamble to the Constitution. The subsidiarity principle, perceived as a moral principle, or the foundation for building the rules of public governance, or a legal principle, dictates mutual relations between individuals and various forms of public life. By influencing the shape of public administration, among other things, it also defines the position of non-public entities towards state organs in a broad sense, and towards other non-public entities operating under the legal governance of the state. It can also be seen as the rule implying the participation of non-public entities in the undertakings of public administration. Dissertations in this paper focus on subsidiarity – that is the basis and the principle of participation of non-public entities in the undertakings of public administration.
The paper describes the problem of crude oil transfer in a port oil terminal and includes the safety analysis of this operation and analysis of potential causes and possible scenarios of oil spill events in a port terminal. The operation process of crude oil transfer is described and its statistical identification is given. The reliability and availability analysis of the system of crude oil transfer in a port terminal is performed. Moreover, analysis of crude oil transfer process taking into account the human factor is provided. The Fault Tree Analysis and sensitivity analysis for oil spill event in a port terminal is proposed to identify and analyse potential causes and possible scenarios of oil spill. Introducing methods for the prevention of oil spills, special attention is paid to safety procedures during liquid cargo transfer. Technical solutions used in oil terminals are described and recommendation regarding the Emergency Shutdown System are given. Additionally, associated safety systems, such as surge relief system, are described. Emphasizing the role of human factor in the process of crude oil transfer and its safety, trainings on the Liquid Cargo Handling Simulator are proposed to improve skills and knowledge of personnel on board and ashore.
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