Questiion Fr Bhopal 2

8/19/2019 Questiion Fr Bhopal 2

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Q1. How many years have been passed since the tragdy?

Q2. How did this tragdy affect you?

Q3. How many culprit were there?

Q4. Did they get punishment ?

Q . !re you happy with the compensation received by the union carbide?

Q". Did the people of #hopal get $ustice?

Q%. &as the government on india helpful?

Q'. &as the us president interested(

Q). !re you able to forget the tragedy?

Q1*. +f no why?

,re-uently !s ed Questions !bout the /ause of the #hopal 0as ragedy

1. What caused the gas leak?

!. hortly after the gas release // launched an aggressive effort to identify the cause. !n

initial investigation by // showed that a large volume of water had been introduced into the

5+/ tan . his caused a chemical reaction that forced the pressure release valve to open and

allowed the gas to lea . ! committee of e6perts wor ing on behalf of the +ndian government

conducted its own investigation and reached the same conclusion.

ome two and a half years after the tragedy and only after the +ndian government7s reluctant

release of some %* *** pages of documentation // filed a lengthy court document in +ndia

detailing the findings of its scientific and legal investigations8 the cause of the disaster was

undeniably sabotage. /lic here to view the 9ac son #rowning :eport. //;s investigation

proved with virtual certainty that the disaster was caused by the direct entry of water into an

"1* through a hose connected to the tan .

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!ll of this was supported by hard evidence set forth in the presentation made by !sho .

ngineers /onference. /lic

here to view the !rthur D. =ittle :eport.

2. Who could have sabotaged plant operations and caused the gas leak? !. +nvestigations suggest that only an employee with the appropriate s ills and nowledge of the

site could have tampered with the tan . !n independent investigation by the engineering

consulting firm !rthur D. =ittle +nc. determined that the water could only have been introduced

into the tan deliberately since process safety systems in place and operational would have

prevented water from entering the tan by accident.

3. Were the valves faulty on the MIC tanks at the plant?

!. @o. +n fact documented evidence gathered after the incident showed that the valve near to the plant7s water washing operation was closed and lea tight. ,urthermore process safety systems

in place and operational would have prevented water from entering the tan by accident.

4. Why didn t the plant s safety syste!s contain the leak?

!. #ased on several investigations the safety systems in place could not have prevented a

chemical reaction of this magnitude from causing a lea . +n designing the plant7s safety systems

a chemical reaction of this magnitude was not factored in for two reasons8

1. he tan 7s gas storage system was designed to prevent such a large amount of water from

being inadvertently introduced into the systemA and

2. Brocess safety systems in place and operational would have prevented water from

entering the tan by accident.

". #o$ do you respond to concerns e%pressed about the technologies used at the plant prior

to the incident?

!. /ontrary to allegations made by certain parties in various lawsuits // did not design

construct or operate the #hopal plant. !nd most importantly all of the decisions with respect to

the plant and its design construction and operation were either made by /+= or mandated by

0C+ policies and directives.

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+n 1)'% the . . /ourt of !ppeals upheld a lower court7s ruling that //;s participation was

limited and its involvement in plant operations terminated long before the accident....the C+

E nion of +ndiaF controlled the terms of the agreements and precluded // from e6ercising any

authority to 7detail design erect and commission the plant 7 which was done independently over

the period from 1)%2 to 1)'* by /+= process design engineers.... he preliminary process

design information furnished by // could not have been used to construct the plant.

/onstruction re-uired the detailed process design and engineering data prepared by hundreds of

+ndian engineers process designers and sub contractors... Blease clic here to read the . .

/ourt of !ppeals complete 1)'% decision.

/auses

&nion Carbide's Investigation

! nion /arbide /orporation G // investigation team arrived in #hopal within days of the

incident but could not begin its investigation because the +ndian /entral #ureau of +nvestigation

G/#+ had ta en control of and sealed the plantA seiIed control of the plant;s recordsA and

prohibited interviews of plant employees on duty the night of the incident. &hat was nown was

that the methylisocyanate G5+/ unit had been shut down si6 wee s before the incident and the

5+/ storage an "1* from which the gas was released had been isolated at that time.

he // team was only permitted to ta e samples of the residue in an "1* and after several

months of e6tensive analyses issued a report in 5arch 1)' . //;s initial investigation showed

that a large volume of water had been introduced into the 5+/ tan and caused a chemical

reaction that forced the pressure release valve to open and allowed the gas to lea . ! committee

of e6perts wor ing on behalf of the +ndian government conducted its own investigation and

reached the same conclusion. he incident occurred despite the fact that the system had been

designed and operated to eep out even trace amounts of water and that no water had ever

entered any of the tan s during the five years the plant had been in operation.

Cause (inally )eter!ined

,or more than a year the /#+ prohibited interviews with plant employees and denied meaningful

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access to plant records. However in December 1)' a . . magistrate ordered the 0overnment

of +ndia G0C+ to provide // with copies of plant records that had been seiIed. 5oreover the

0C+ could no longer restrict access to plant employees while it was before a . . court see ing

discovery from //.

hortly after the gas release // launched an aggressive effort to identify the cause. &ith

access to employees and plant records // investigators conducted more than %* interviews in

+ndia and e6amined some %* *** pages of plant records and documentation that the +ndian

government had reluctantly released. //7s follow up investigation confirmed its initial

conclusion8 a large volume of water had been introduced into the 5+/ tan . his caused a

chemical reaction that forced the pressure release valve to open and allowed the gas to lea .

ome two and a half years after the tragedy // filed a lengthy court document in +ndia

detailing the findings of its scientific and legal investigations8 the cause of the disaster was

sabotage. /lic here to view the 9ac son #rowning :eport . he //;s investigation proved with

virtual certainty that the disaster was caused by the direct entry of water into an "1* through a

hose connected to the tan .

!ll of this was supported by hard evidence set forth in the presentation made by !sho .

ngineers /onference onBreventing 5a$or /hemical !ccidents. /lic here to view the !rthur D. =ittle :eport. >arly

accounts of the disaster that focused on the 0C+;s theory that water washing caused the accident

subse-uently were disproved.

History of nion /arbide +ndia =imited

Brint

*he Co!pany

nion /arbide +ndia =imited G /+= was a diversified manufacturing company incorporated in

1)34. nion /arbide /orporation G // became one of the first . . companies to invest in

+ndia when // ac-uired shares in /+= in 1)34. >mploying appro6imately ) *** people at the

height of its business operations /+= operated 14 plants in five divisions. /+=7s annual sales

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were nearly J2** million and /+= shares were publicly traded on the /alcutta toc >6change

with // owning $ust over half the shares. he other stoc holders included +ndian financial

institutions and thousands of private investors in +ndia.

ituated in the central +ndian state of 5adhya Bradesh the #hopal plant was built in 1)") and a

production facility was added in 1)%). he plant produced pesticides for use in +ndia to help the

country;s agricultural sector increase its productivity and contribute more significantly to

meeting the food needs of one of the world7s most heavily populated regions. he plant never

resumed normal operations after the December 1)'4 gas lea .

he design engineering and construction of the #hopal plant was a /+= pro$ect from beginning

to end. he pro$ect too eight years to complete Gfrom 1)%2 to 1)'* . +t involved hundreds of

+ndian engineers and designers from /+= and ma$or +ndian engineering firms doIens of +ndian

subcontractors and thousands of +ndian construction wor ers. // did not design construct or

operate the #hopal plant. !ll of the decisions with respect to the plant and its design

construction and operation were made either by /+= or mandated by 0C+ policies and

directives.

!s found by the . . /ourt of !ppeals for the econd /ircuit in its 1)'% decision dismissing the

#hopal gas disaster litigation in the . .8 K+n short the plant has been constructed and managed by +ndians in +ndia.L he /ourt found that K //;s participation was limited and its involvement

in plant operations terminated long before the E1)'4F accident.L &ith respect to alleged pollution

at the #hopal plant site the econd /ircuit /ourt concluded in its 2*13 decision that individuals

Kliving near the #hopal plant may well have suffered terrible and lasting in$uries from the wholly

preventable disaster for which someone is responsible. !fter nine years of contentious litigation

and discovery however all that the evidence in this case demonstrates that // is not that

entity.L

+n 1))4 // sold its entire sta e in /+= to 5cleod :ussel +ndia =imited of /alcutta which

renamed the company >veready +ndustries +ndia =imited G>++= a company that continues to

e6ist today as one of +ndia;s leading battery and flashlight manufacturers. he proceeds from the


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/+= sale some J)* million were placed in a trust and e6clusively used to fund a hospital in

#hopal to provide specialist care to victims of the tragedy.

+n 1))' the 5adhya Bradesh tate 0overnment G5B 0 which owned and had been leasing the

property to >++= cancelled the lease too over the facility and assumed all accountability for the

site including the completion of any remediation

#ac ground

he nion /arbide plant was established in #hopal in 1)") and it began to produce the

insecticide /arbaryl . 5ethyl isocyanate is an ingredient of carbaryl and on the morning

of December 3 1)'4 a holding tan containing 43 tons of methyl isocyanate overheated and

released the to6ic gas. #ecause methyl isocyanate is heavier than air it traveled over the ground

through the #hopal city center. he transportation system collapsed and many people were

trampled to death in a mad rush to flee the visible gases. +n total 1 *** people died and

1 * *** "** *** people were in$ured.

he contamination and deaths were a result of numerous factors8

:ecent documents obtained through discovery in the course of a lawsuit against nion

/arbide for environmental contamination Gbefore a @ew Mor ,ederal District /ourt revealed

that /arbide had e6ported untested unproven technology to the +ndian plant. nli e nion

/arbide plants in the ! its +ndian subsidiary plants were not prepared for problems. @o

action plans had been established to cope with incidents of this magnitude. his included not

informing local authorities of the dangers of chemicals used and manufactured at #hopal.

:eports issued months before the incident by scientists within the nion /arbide

corporation warned of the possibility of an accident almost identical to that which occurred in

#hopal. he reports were ignored outright and never made it to senior staff. Due to falling salesstaff had been laid off and safety chec s became less and less fre-uent.

lip blind plates that would have prevented water from pipes being cleaned from lea ing

into the 5+/ tan s via faulty valves were not installed. heir installation had been omitted from

the cleaning chec list.

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!t the time of the event the 5+/ tan refrigeration unit was disabled to save money and

some of its coolant was being used elsewhere. ! simple press of a button in the control room

would have activated it to at least use the remaining coolant but this was overloo ed by staff.

he gas scrubber was placed on standby and therefore did not attempt to clean escaping

gases with sodium hydro6ide Gcaustic soda which may have brought the concentration down to

a safe level.

he water curtain that may have reduced the concentration of the gas was only set to N13

m and did not reach the gasA it was not designed to contain a lea of such magnitude. hough the

audible e6ternal alarm was activated to warn the residents of #hopal it was -uic ly silenced to

avoid causing panic among the residents. hus many continued to sleep unaware of the

unfolding drama and those that had wo en assumed any problem had been sorted out.

he flare tower used to burn off gases before they are allowed to escape into the air was

inoperational pending repairs.

Doctors and hospitals were not informed of proper treatment methods for 5+/ gas

inhalation. hey were told to simply give cough medicine and eyedrops to their patients.

nion /arbide agreed to pay J4%* million to the residents of #hopal. hat amount is lower than

in the lawsuit and substantially lower than similar !sbestos cases nion /arbide was settling

concurrently in the nited tates. #y the end of Cctober 2**3 according to the #hopal 0as

ragedy :elief and :ehabilitation Department compensation had been awarded to 4 ') people for in$uries received and 1 31* survivors of those illed. he average amount to families

of the dead was J2 2**. nion /arbide also attempted to distance itself from the tragedy by

blaming its subsidiary in +ndia and even fabricated stories about a i h e6tremist group and

disgruntled former employees bent on sabotaging the plant.

#istory

+n the 1)%*s the +ndian government initiated policies to encourage foreign companies to invest

in local industry. nion /arbide /orporation G // was as ed to build a plant for the

manufacture of evin a pesticide commonly used throughout !sia. !s part of the deal +ndia7s

government insisted that a significant percentage of the investment come from local

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shareholders. he government itself had a 22O sta e in the company7s subsidiary nion /arbide

+ndia =imited G /+= E1F. he company built the plant in #hopal because of its central location

and access to transport infrastructure. he specific site within the city was Ioned for light

industrial and commercial use not for haIardous industry. he plant was initially approved only

for formulation of pesticides from component chemicals such as 5+/ imported from the parent

company in relatively small -uantities. However pressure from competition in the chemical

industry led /+= to implement bac ward integration P the manufacture of raw materials and

intermediate products for formulation of the final product within one facility. his was inherently

a more sophisticated and haIardous process E 2F.

+n 1)'4 the plant was manufacturing evin at one -uarter of its production capacity due to

decreased demand for pesticides. &idespread crop failures and famine on the subcontinent in the1)'*s led to increased indebtedness and decreased capital for farmers to invest in pesticides.

=ocal managers were directed to close the plant and prepare it for sale in 9uly 1)'4 due to

decreased profitability E 3F. &hen no ready buyer was found /+= made plans to dismantle ey

production units of the facility for shipment to another developing country. +n the meantime the

facility continued to operate with safety e-uipment and procedures far below the standards found

in its sister plant in +nstitute &est irginia. he local government was aware of safety problems

but was reticent to place heavy industrial safety and pollution control burdens on the struggling

industry because it feared the economic effects of the loss of such a large employer E 3F.

!t 11.** B5 on December 2 1)'4 while most of the one million residents of #hopal slept an

operator at the plant noticed a small lea of methyl isocyanate G5+/ gas and increasing pressure

inside a storage tan . he vent gas scrubber a safety device designer to neutraliIe to6ic

discharge from the 5+/ system had been turned off three wee s prior E 3F. !pparently a faulty

valve had allowed one ton of water for cleaning internal pipes to mi6 with forty tons of 5+/ E 1F.

! 3* ton refrigeration unit that normally served as a safety component to cool the 5+/ storage

tan had been drained of its coolant for use in another part of the plant E 3F. Bressure and heat

from the vigorous e6othermic reaction in the tan continued to build. he gas flare safety system

was out of action and had been for three months. !t around 1.** !5 December 3 loud

rumbling reverberated around the plant as a safety valve gave way sending a plume of 5+/ gas

into the early morning air E 4F. &ithin hours the streets of #hopal were littered with human

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corpses and the carcasses of buffaloes cows dogs and birds. !n estimated 3 '** people died

immediately mostly in the poor slum colony ad$acent to the // plant E 1 F. =ocal hospitals

were soon overwhelmed with the in$ured a crisis further compounded by a lac of nowledge of

e6actly what gas was involved and what its effects were E 1F. +t became one of the worst chemical

disasters in history and the name #hopal became synonymous with industrial catastrophe E F.

>stimates of the number of people illed in the first few days by the plume from the // plant

run as high as 1* *** with 1 *** to 2* *** premature deaths reportedly occurring in the

subse-uent two decades E " F. he +ndian government reported that more than half a million

people were e6posed to the gas E %F. everal epidemiological studies conducted soon after the

accident showed significant morbidity and increased mortality in the e6posed population. able

able1. 1. summariIes early and late effects on health. hese data are li ely to under represent thetrue e6tent of adverse health effects because many e6posed individuals left #hopal immediately

following the disaster never to return and were therefore lost to follow up E ' F

Aftermath

+mmediately after the disaster // began attempts to dissociate itself from responsibility for thegas lea . +ts principal tactic was to shift culpability to /+= stating the plant was wholly builtand operated by the +ndian subsidiary. +t also fabricated scenarios involving sabotage by

previously un nown i h e6tremist groups and disgruntled employees but this theory wasimpugned by numerous independent sources E 1F.

he to6ic plume had barely cleared when on December % the first multi billion dollar lawsuitwas filed by an !merican attorney in a . . court. his was the beginning of years of legalmachinations in which the ethical implications of the tragedy and its affect on #hopal7s peoplewere largely ignored. +n 5arch 1)' the +ndian government enacted the #hopal 0as =eaDisaster !ct as a way of ensuring that claims arising from the accident would be dealt withspeedily and e-uitably. he !ct made the government the sole representative of the victims in

legal proceedings both within and outside +ndia. >ventually all cases were ta en out of the . .legal system under the ruling of the presiding !merican $udge and placed entirely under +ndian $urisdiction much to the detriment of the in$ured parties.

+n a settlement mediated by the +ndian upreme /ourt // accepted moral responsibility andagreed to pay J4%* million to the +ndian government to be distributed to claimants as a full andfinal settlement. he figure was partly based on the disputed claim that only 3*** people died

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engaged in haIardous activities such as the manufacture of pesticides and other to6ic chemicalsin +ndia E1 F. @ational governments and international agencies should focus on widely applicabletechni-ues for corporate responsibility and accident prevention as much in the developing worldconte6t as in advanced industrial nations E 1" F. pecifically prevention should include ris

reduction in plant location and design and safety legislation E 1%F.

=ocal governments clearly cannot allow industrial facilities to be situated within urban areasregardless of the evolution of land use over time. +ndustry and government need to bring properfinancial support to local communities so they can provide medical and other necessary servicesto reduce morbidity mortality and material loss in the case of industrial accidents.

Bublic health infrastructure was very wea in #hopal in 1)'4. ap water was available for only afew hours a day and was of very poor -uality. &ith no functioning sewage system untreatedhuman waste was dumped into two nearby la es one a source of drin ing water. he city had

four ma$or hospitals but there was a shortage of physicians and hospital beds. here was also nomass casualty emergency response system in place in the city E 3F. >6isting public healthinfrastructure needs to be ta en into account when haIardous industries choose sites formanufacturing plants. ,uture management of industrial development re-uires that appropriateresources be devoted to advance planning before any disaster occurs E 1' F. /ommunities that donot possess infrastructure and technical e6pertise to respond ade-uately to such industrialaccidents should not be chosen as sites for haIardous industry.

Environmental ImpactThe Bhopal gas leak caused extensive damage to theenvironment surrounding the Union Carbide factory. Theimpacts were both immediate and long-term. Due toimproper clean up in the area Bhopal residents are stillaffected by the negative conse!uences of the gas leak.

Immediate Effects

"n the days following the gas leak the leaves on the trees near the factoryyellowed and fell off the branches. #round $ %%% animals mostly livestocksuch as goats and buffalo were killed by the gas leak. The "ndiangovernment prohibited fishing in the area for fear that the rivers and lakeswere polluted. The food supply in Bhopal became scarce due to suppliers&fears of food safety. 'earby crop growth was also affected by the leak.

image source

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#ccording to authorities () wards in the region were considered to be *gasaffected.+ These () wards contained a population of some ,$% %%% people.

Long-Term Effects

ince the Bhopal gas leak there have been persistent environmentalproblems due to improper clean up. ast attempts to decontaminate theenvironment in and around Bhopal were incomplete. The clean upresponsibilities shifted from Union Carbide "ndustries to the/adhya radesh government in 0112. ince this timemoney and accountability for the leak have become aproblem. #s a result drinking water contamination hasbecome a ma3or issue.

Water Contamination

Bhopal&s underground water supply is polluted with toxicchemicals such as heavy metals and persistent organicpollutants. The contamination is not only due to the Bhopalgas leak but also to Union Carbide&s practices prior to theleak. The improper treatment of chemicals has contributedto the water pollution. #s a result of the contamination thewater in Bhopal is unsafe for drinking.

4reenpeace 5esearch 6aboratories conducted water sampletesting in 0111 and determined the levels of contaminantsin Bhopal&s water supply. This map shows the sites chosenfor testing 7red circles8. The wind in this area blows to the'orth and to the 9ast which is why the particular sites were chosen.4reenpeace believed these areas would have the highest contaminationlevels from chemicals being carried by the wind.

4reenpeace 5esearch 6aboratories found volatile organic compounds inBhopal&s drinking water supply. The level of trichloroethene was ,% timeshigher than the 9 # safety limits. Trichloroethene can impair fetaldevelopment. The list of volatile organic compounds found included:

• Chlorinated ben;enes

• Chlorinated ethenes

Bhopal


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• Chloroform

• Carbon tetrachloride

• Trichloroethene

"n addition to =>C&s 4reenpeace 5esearch 6aboratories also found elevatedlevels of heavy metals in the water. The heavy metals detected included:

• /ercury

• Chromium

• Copper

• 'ickel

• 6ead

?eavy metals bioaccumulate in both a!uatic and terrestrial organisms andare toxic to humans. >ne water sample found mercury to be 0$@ of theoverall weight of the sample.

>ther chemicals found in the water were toxic organochlorides such as:

• Chlorinated ethanes

• Chlorinated hexanes

• DDT

• ?exachlorobutadiene

?exachlorobutadiene is a potent kidney toxin and is under review as apossible human carcinogen.

These chemicals persist in the drinking water supply because the water wasnever fully decontaminated. #lthough the water is labeled unfit for drinkingBhopal residents still consume the contaminated water.

Soil Contamination


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"n addition to water testing 4reenpeace 5esearch 6aboratories alsoperformed soil testing to check for contamination. They tested several sitesnear the Union Carbide plant. 4reenpeace found the metal levels in the soilsimilar to uncontaminated soil. The only metal with high concentrations was

copper which can naturally vary in nature and was unlikely due to the gasleak. The researchers concluded that the activities at the Union Carbide plantincluding the gas leak did not contaminate the surrounding soil.

Lasting Impact

#ctivist groups have urged Dow Chemicals 7the current owner of the UnionCarbide plant8 to clean up the environment surrounding Bhopal. Thesegroups have urged the local government to re!uest that Dow Chemicals payfor the clean up. #lthough a legal settlement resulted in the /adhya radeshgovernment having 3urisdiction over the clean up activist groups believeDow Chemicals must still be held accountable. Due to a lack of money andno one taking responsibility the efforts to clean up the environment came toa halt. The impact of this decision is that until the drinking water isdecontaminated the residents of Bhopal will continue to be exposed to thetoxic chemicals.

Health Effects

Toxicity of Methyl Icocyanate

rior to the gas leak in Bhopal there was only one knownstudy on the toxicity of methyl icocyanate 7/"C8 byAimmerle 9ben 701) 8. "n 01)( and 01 % the Union Carbide Corporationcommissioned animal studies but did not publish any conclusions. ?oweverafter the gas leak much was learned about the toxicity of /"C.

Bac gro!nd

The U. . >ccupational afety and ?ealth #dministration 7> ?#8 has setworkplace standards for /"C at %.%$ppm. The estimated mean /"Cconcentration in the cloud was $ ppm which is 0 %% times the > ?#standard. The range of the /"C concentration in the cloud was %.0$-

Bhopal survivorwith severe eye

damageimage source

http://enhs.umn.edu/current/2008studentwebsites/pubh6101/bhopal/www.bbc.co.uk/bhopalhttp://enhs.umn.edu/current/2008studentwebsites/pubh6101/bhopal/www.bbc.co.uk/bhopalhttp://enhs.umn.edu/current/2008studentwebsites/pubh6101/bhopal/www.bbc.co.uk/bhopal


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2,.)ppm.


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#eprod!ctive Effects

Aanhere et al 7012 8 conducted a large study on pregnancy outcomes inBhopal after the gas leak and identified $ ,)) cases who were pregnant atthe time of exposure and 0 $02 controls from an unaffected area. The agestandardi;ed miscarriage rate was $(.) @ in the affected area versus ,.)@in the control area. 'eonatal mortality rates were also higher in the affectedarea at )%.1@ compared to 00.2@ in the control area. 9xposed women alsoreported menstrual cycle disruption and dysmenorrhea or severe uterinepain during menstruation.

$sychological Effects

sychological problems of Bhopal survivors fell into categories: post

traumatic stress disorder pathological grief reactions emotional reactions tophysical problems and exacerbation of pre-existing psychiatric problems.>ne year after the leak a study by the "ndian Council for /edical 5esearch7"C/58 revealed that mental health problems were as high as 0($.1 per0 %%% people in affected areas compared to $ .2, per 0 %%% people inunaffected areas. "n 011% the rate in the affected areas was still three timeshigher than unaffected areas.

Effects on Children

The health effects of the gas leak were similar in children compared to thosein adults. tudies have shown there is a higher incidence of psychiatricillness acute respiratory infections and infections of skin eyes and earsreported among children from the affected gas leak area compared tocontrol groups. There have been some reports of intellectual impairment inthe children affected by the gas leak and also some reports of higherincidence of cleft lip. #lso 5an3an et al 7$%%(8 found that boys born toparents exposed to the gas are significantly shorter than unexposed cohorts.

%ther Long-Term Health Effects

There have been several animal studies and human studies regarding theeffect of /"C on the immune system but there have been no definitiveconclusions. #lso a population based cancer registry was established inBhopal in 012). The onset of the gas leak related cancers were not expected


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to occur before a thirty to forty year lag period. #lthough in $%%( it wasstated that cancers of the lung increased up to $%@ in Bhopal compared toother cities in "ndia

Ind!stry #esponse

&nion Car'ide(s #esponse

Union Carbide Corporation 7 UCC8 and Union Carbide "ndia6td 7 UC"68 maintain that the Bhopal gas leak was employee sabotage andwas not due to lack of safety measures. "mmediately following the Bhopal

gas leak UCC immediately responded to the leak. UC"6 which owned 1@of shares in the company did not respond to the gas leak and let the parentcompany UCC respond. UCC made initial efforts to investigate the leak cleanup the site and provide monetary support for victims. Both UC"6 and UCCwere held legally and financially responsible for the incident.

Immediate #esponse) &CC

• "nvestigated to determine cause of the leak

• 6aunched effort to clean up the Bhopal site

• rovided aid to victims

• F$ million to the rime /inister&s 5elief EundG

• rovided medical e!uipment supplies and medical expertsG

• F, million to the "ndian 5ed CrossG

•

F$% million in initial funding for a Bhopal hospitalG• F1% million to the charitable trust for Bhopal hospital 7by court order8

Long Term #esponse) &CC and &CIL

• articipation in the 5esponsible Care program

image source

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• UCC and UC"6 paid final settlement of F % million to "ndian4overnment in 0111

• UCC sold shares in UC"6 in 011 and assumed no further responsibilityfor leak

*o+ Chemical(s #esponse

Dow Chemicals took over the Bhopal plant from its subsidiary Union Carbide0) years after the gas leak. Dow Chemical maintains no responsibility for theBhopal gas leak.

*Dow never owned or operated the Bhopal plant+ and *has neither aconnection to nor legal liability+ for the leak. #dditionally Dow claims that ithas *no authority to order Union Carbide 7a separate corporation8 to takeaction.+ #lthough Dow has not taken any responsibility for the Bhopal siteDow participates in the 5esponsible Care program.

Chemical Ind!stry #esponse

The chemical industry responded to tragic events such as the Bhopal gasleak by implementing the 5esponsible Care program. 5esponsible Careoriginated in Canada and was introduced in 012,. 5esponsible Care is aglobal initiative developed and implemented by chemical companies to

prevent future problems by improving community awareness emergencypreparedness and process safety standards.

"nternational Council of Chemical #ssociations 7"CC#8 members aremandated to participate in 5esponsible Care which includes:

• erformance measurement and reporting

• "mplementation of a security code

• /anagement system to achieve and verify results

• "ndependent certification of standards

5esponsible Care is practiced in ,( countries which accounts for 1%@ ofglobal chemical production. There was an increase in participation after#genda $0 was adopted after the 5io 9arth summit in 011$. 5esponsible


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Care has been adopted by most large companies but not many small andmedium companies across the world. "t has been adopted by 9urope&sleading chemical producers 72%@ of chemical sales8 however representsonly $%@ of chemical companies. 5esponsible Care was commended for

sustainable development at the


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thereafter. By thwarting efforts by Union Carbide to provide relief somebelieve the government wanted to prevent the company from gaining anygood will among the public.

Compensating ictims

Timeline

,- 0 ,- : 4overnment provides relief aid pursueslegal case

,- -: Union Carbide agrees to F % million compensationsettlement

,--,: 5elief payments started however only residents inspecific *gas affected areas+ of the city were eligible toreceive compensation

1as A$$ected Areas: Compensating only specific *gasaffected areas+ politici;ed the process with some advocatescalling for more wards to be included.

# complication with ward-wide payments in Bhopal was thatbetween the 012 disaster and the beginning of paymentsin 0110 the city&s population more than doubled. Thismeant that new residents who for some reason decided tomove into a *gas affected area+ were eligible for compensation.

• This is both good and bad.

• Because the gas exposure is presumed to have contaminated the soiland water even new Bhopal residents are likely being exposed tocontaminants and could benefit from sharing in the settlement.

• ?owever payments to these new residents have the effect of shrinkingan already small compensation poolleaving some victims with unpaid medical bills or relatives of the deadundercompensated.

Union Carbide contributed about F0%% million 71%@ of it in stock8 to fundrelief prevention efforts. The ma3or contribution was F1% million for

>nly parts of Bhopal wereconsidered

KaffectedK bythe

gas leak 7clickto view larger8image source

http://www.unu.edu/unupress/unupbooks/uu21le/uu21le07.jpghttp://www.unu.edu/unupress/unupbooks/uu21le/uu21le07.jpg


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hospital catering to heart lung and eye problems. >ther contributionsincluded F, million to the "ndian 5ed Cross F .) million for interim aid andF$ million for a vocational training center in BhopalLwhich has since beenclosed.

$olicy %!tcomes

.!dicial $recedent

• rogress in reforming liability law: oon after the disaster "ndiancourts ruled that liability in the case of a disaster is commensuratewith a company&s assets and not merely with the amount of damagecaused.

• Use of interim damage awards: The disaster marked the first time thatthe "ndian government had made interim damage awards. # positivedevelopment for sure but given the problems associated with reliefpayments in this case this was not exactly earth shattering.

• trengthened expanded class action rights: Eor the first time in itshistory the "ndian government invoked &arens patriae which meantthat they acted on behalf of the citi;ens as a plaintiff for a class actionlawsuit.

Legislation $assed

The disaster triggered a number of new far-reaching programs aimed atcreating a strong oversight structure for mitigating industrial risk in "ndia.

• Environment $rotection "ct /01234) The #ct was an umbrella lawaimed at enabling a more holistic approach to risk management andremedying shortcomings in current environmental standards. The #ctstrengthened inspections standards controlled ha;ardous substances

encouraged reporting of violations and re!uired more personalresponsibility from corporations. Created under the #ct was the/inistry of 9nvironment and Eorests which administers and enforcesenvironmental laws.

• 5actories /"mendment4 "ct /01264 : This #ct amended andstrengthened an existing law by providing additional safeguards in the


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use and storage of ha;ardous substances. "t also mandated workersafety training. "t represented a very positive step towards creating asafer working environment for "ndia&s working class.

• "ir /"mendment4 "ct /01264) 5e!uired every industry to get

governmental consent to release pollutants.

• Ha7ardo!s Waste #!les /01214) Basically allowed government to *authori;e+ companies as to what they could pollute with.

• $!'lic Lia'ility Ins!rance "ct /01104) 5e!uired every businessowner to carry insurance to cover death in3ury or damage resultingfrom a disaster. The #ct pertained less with the workers than withthe neighbors who had previously been unprotected. ?owever theextent of liability and how it was to be covered were unclear. "t also

failed address growth in settlements near a given plant or distinguishbetween highly- and less-ha;ardous materials.

$riorities #eordered

Eollowing the disaster there was a shiftLeven if onlytemporaryLfrom a singular focus on short-term economicgain at the expense of public health or long-term

environmental health towards a more complete balancedand sustainable lifestyle.

Eor example "C" a British company whose "ndiansubsidiary manufactured pesticides increased attention tohealth safety and environmental issues following the eventsof December 012 . The subsidiary increased spending onenvironmental-related pro3ects to (%M %@ of capitalexpenditures. ?owever the subsidiary still does not adhereto standards as strict as their parent company in the UA.

"n addition chemical giant Du ont spent nearly ten years

attempting to export a nylon plant from 5ichmond =irginia

to 4oa "ndia. "n its early negotiations with the "ndian government Du ont

had sought and won a clause in its investment agreement that absolved it

rotesters markthe $%-year

anniversary of the Bhopal

Disasterimage source

http://www.groundwork.org.za/Newsletters/dec_04.asphttp://www.groundwork.org.za/Newsletters/dec_04.asp


23/28

from all liabilities in case of an accident. But the people of 4oa were not

willing to allow an important ecological site to be cleared for another heavy

polluting plant. #fter nearly a decade of protesting by 4oa&s residents

Du ont was forced to scuttle plans there. Chennai was the next proposed

site for the plastics plant. The state government there made significantly

greater demand on Du ont for concessions on public health and

environmental protection. 9ventually these plans were also scuttled due to

*financial concerns+

#fter (% yearsNN

Thirty years after the +orst chemical accident in history8 the disaster

is hitting a ne+ generation9 The victims have received little help8

professional clean-!p has not happened and there are no signs the

ongoing environmental catastrophe +ill end9


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Today&s lake was once used as a solar evaporation pond a dump for theunfiltered waste from the nearby chemical plant. /ore than 00 %%% tons ofmaterial was dumped there and now the soil and groundwater arecontaminated with mercury nickel and other heavy metals. 'everthelessfarmers water their animals at the lake every day and women fetch water

from it to wash their children and their laundry. The contaminated lakeaffects more than half a million people. Eor activist Dhingra what ishappening in Bhopal is an Kendless catastrophe -- and the world simply looksaway.K

The murky lake is only about ,%% meters 70 ) % feet8 from the grounds ofthe former Union Carbide plant. The rusty factory ruins form a backdrop tothe corrugated metal roofs of the slum almost a memorial. They are silentwitnesses of the tragedy that began in Bhopal (% years ago and continuestoday.

"n the late 01 %s the "ndian subsidiary of Union Carbide a U chemicalcompany now owned by Dow Chemical began producing the pesticide evinin Bhopal. The city of 0.2 million is the capital of /adhya radesh apredominantly rural state in the heart of "ndia slightly larger than "taly.6ocal officials hoped the plant would provide an economic boost to the cityand tons of toxic chemicals were stored on the factory grounds. But businesswas slow and by the winter of 012 only a skeleton crew was left to run theplant. Union Carbide planned to close the facility and move it to anotherlocation. 'ecessary maintenance work was postponed and the coolingsystem for the gas tanks and other safety e!uipment had already been

dismantled.

Toxic ,host To+n

But what happened on that December night was only the beginning of anapocalypse of a much greater magnitude. The environmental tragedy theongoing poisoning of the environment and people of Bhopal has unfolded inthe three decades since that night and continues to unfold today.

The reasons for the tragedy are known. The main source of the currentenvironmental pollution is the factory site which was never the sub3ect ofany professional cleanup operation. #bout (,% tons of highly toxic waste oldresidues of pesticide production are still stored on the (,-hectare 72)-acre8site packaged in ordinary plastic bags in the middle of the city. The formerfactory premises now owned by the state of /adhya radesh resemble aghost town today. Broken test tubes litter the floors of laboratories as the


25/28

old tanks rust away. # plan to dispose of the waste with the help of the4erman ociety for "nternational Cooperation failed in $%0$.

There are still no exclusion ;ones around the site today and there are holesin the ordinary brick wall surrounding the factory. "n the summer when

temperatures can rise above , degrees Celsius 700$ degrees Eahrenheit8 areddish dust from the factory settles on the nearby huts.


26/28

stillbirths in women who were exposed to the gas are about three times thenational average. But there is a lack of long-term scientific studies. 'ogovernment agencies and no hospitals in the city keep track of theabnormalities. /idwives from the neighborhoods who practiced before theaccident and have observed developments over the years report gruesome

abnormalities including fetuses with greenish skin and deformed heads.KThe birth of a child is normally a reason to celebrate K explains arwati whois from a family of midwives. KBut in this area a birth comes as a shock tomany parents.K

(%nly the ,ods Can Help &s(

#nnamika $ was one of those parents when her son #arav was bornthree years ago. ?is head is much too heavy for his delicate body his mouthis crooked and his eyes stare apathetically into space. #t the Chingari Trustspeech therapists try to teach #arav simple words so that he cancommunicate when he is thirsty or hungry. hysical therapists try to helphim relax the cramped muscles around his thin legs.

#nnamika grew up near the railroad tracks not far from the former UnionCarbide plant. ?er older brother who was born on the evening of theaccident died as a baby. #nnamika who stayed in school longer than herfriends and completed a degree worked for an insurance company untilrecently. ?er parents had serious health problems after the gas accident.

he cared for her mother for many years and her father died in $%%2 from apulmonary edema. #nnamika was over3oyed when she became pregnant.

KBut #arav needed $ -hour care K she says Kso " had to !uit my 3ob.K Thechild&s condition is a financial disaster for the young family. ?er husbandwould like a second child Kbut we can&t afford it. nly the gods can help us.K

The suffering of their children constitutes both an emotional and a financialburden for families. /any perceive a disabled child as a double punishment.KThe parents are often in poor health themselves but they have no choice.They have to go to work to be able to buy food and medication forthemselves and their children K says 5ashida Bee. #s a result many care-dependent children are left to their own devices in their huts during the day.

There is a long waiting list for treatment at the Chingari Trust. The center islocated on one of Bhopal&s busy main streets 3ust a short walk from thedecaying ruins of the Union Carbide plant. "n the hallway which is painted inbright colors Bee speaks with the parents who are sitting on the floor with


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their children waiting for treatment. The air is stuffy and the children arecrying because their splinted legs hurt.

,!inea $igs

Bee estimates Kthat close to ( %%% disabled children from the surroundingneighborhoods urgently need help.K But facilities like the Chingari Trust arerare or unaffordable for the poor. #nd local residents have distrusted theBhopal /emorial ?ospital and 5esearch Center established in 012 for thefree treatment of victims of the gas leak ever since it was revealed in $%00that


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+C*&+, - +/0 #I ) *#I/ *-+ )

The blame game then started about the factory maintenance. It was saidthat the factory was notsafe and no maintenance was done on time. Theworkers were not given proper training and thesafety o cers were also

absent on the night of tragedy. The gas tragedy occurred due to thetotalnegligence an d lack of maintenan ce. Another controversy linkedwit h the gas tragedy is that afew workers sabotage the pipe due to whichthe disaster occurred.

5 -/0 +/IC+,, - /50 /I , (0- *# *-+ )Warren Anderson, the then chief executive o cer of ! and the mainaccused of the tragedy isat present a fugitive. "adhya #radesh governmentfreed him with a bond of $s %&''' andaskedh i m t o b e p r e s e n t w h e n e v e r n e e d e d f o r i n t e r r o g a t i o n

. ( u t f r o m t h e n A n d e r s o n h a s b e e n a b s c o n d i n g .

hopal gas tragedy6 Who is Warren +nderson?)ver twenty *ve years ago, (hopal was choking on the deadly fumesthat had found their wayacross the city from the nion !arbide #lant.!lose to %',''' people died.And the man the victims blame for the tragedyis Warren Anderson, whose plant was the sourceof the deadly "ethylIsocyanate gas.+e was charged with culpable homicide not amounting tomurder. et, -ust four days after thetragedy, Anderson ew out of (hopalon the o cial plane of Ar-un /ingh.(hopal gas tragedy0 Who is WarrenAnderson1)ver twenty *ve years ago, (hopal was choking on the deadlyfumes that had found their wayacross the city from the nion !arbide #lant.!lose to %',''' people died.And the man the victims blame for the tragedyis Warren Anderson, whose plant was the source

f the deadly "ethyl Isocyanate gas.+e was charged with culpable homicidenot amounting to murder. et, -ust four days after thetragedy, Anderson ewout of (hopal on the o cial plane of Ar-un /ingh.In 2une %''3, the

/ re-ected India4s re5uest for the extradition of Anderson sayingthe re5uestdid not 6meet re5uirements of certain provisions6 of the bilateralextraditiont reatyAnderson is bel ieved to have taken key decis ions , inc ludin g a co s t 7 c ut t in g me a s u r e t h a tcompromised safety at the gas plant./ecurity precautions too were inade5uate8ictims say that Anderson, as thehead of the company, knew that the plant stocked toxic gaswithin city limitsand that it could cause huge damage in case of an accident.WarrenAnderson served as nion !arbide !9) till :;ew ork

Documents

Questiion Fr Bhopal 2