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Seminar Title: Legal Provision and implementation to prevent MAH in India and comparison with Seveso -II directives. Satya Prakash Patel Email: [email protected] Student-Green Industry MBA ICPE/Josef Stefan International Postgraduate School Ljubljana (Slovenia) Mentor: Dr. Marko Gerbec

Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

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Page 1: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Seminar Title:Legal Provision and implementation to prevent MAH in India and

comparison with Seveso -II directives.

Satya Prakash Patel Email: [email protected] Industry MBAICPE/Josef Stefan International Postgraduate SchoolLjubljana (Slovenia) Mentor: Dr. Marko Gerbec

Page 2: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Agenda

Part-I : Background, Definition, Objectives and Scope of MAH Regulation 

Part-II : General and Specific Obligation and MAH control System

• General and Specific Obligation and MAH control System

• Major Accident Prevention Policy(MAPP)

• Measure for Limitation of MAH Consequences

Part-III : MAH Information system, Reporting Obligation and Administrative Coordination

• MAH Information system, Reporting Obligation

• Power of Inspections, Prohibition of C.A. and Administrative Coordination among C.A. and Nodal Agency

• Review of Implementation of MAH regulations In India

• The key gaps—Regulation and Implementation related.

• Suggestions and Conclusion

Page 3: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Definition of Major Accident

• Definition of MAH according to Seveso -II directives passed on 9 th December 1996( 96/82/EC ) and its amendment in 2003-(105/2003/EC) -“major accident’ shall mean an occurrence such as a major emission, fire, or explosion resulting from uncontrolled developments in the course of the operation of any establishment covered by the Directive, and leading to serious danger to human health and/or the environment immediate or delayed, inside or outside the establishment, and involving one or more dangerous substances”.

• Indian regulation MSIHC Rule 1989 define MAH as in Rule2(j): "major accident" means -an incident involving loss of life inside or outside the installation, or ten or more injuries inside and/or one or more injuries outside or release of toxic chemicals or explosion or fire or spillage of hazardous chemicals resulting in on-site or off-site emergencies or damage to equipment leading to stoppage of process or adverse affects to the environment

An occurrence such as •major emission, fire or explosion•resulting from uncontrolled developments in the course of an industrial activity,•leading to a serious danger to humans or environment•immediate or delayed,•inside or out side the establishment and•involving one or more dangerous substances

Page 4: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

MAH Regulations in Europe and India

E.U.- MAH Prevention Provisions

• Seveso-I- adopted in 1982. and amended in 1986 and in 1987.

• Seveso II directives passed on 9 th December 1996( 96/82/EC ) and its amendment in 2003-(105/2003/EC)

Indian MAH Prevention ProvisionsThe Environment (Protection) Act, 1986 (amended 1991) and following Rules there under—• The Manufacture, Storage and Import of Hazardous

Chemicals(MSIHC) Rules, 1989 (amended, 1994 and 2000).

• The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996.

• The Hazardous Wastes (Management and Handling) Rules, 1989 (amended 2000 and 2003).

The Factory Act, 1948 (amended 1987)---and state factory rules.

The Motor Vehicles Act, 1988 (amended 2001).

• The Central Motor Vehicles Rules, 1989 (amended 2005).

Public Liability Insurance (PLI) ACT, 1991

Disaster Management (DM) Act 2005

Page 5: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Aim and Legal basis Item EU directive Seveso II (96/82/EC

and its amendment 105/2003/EC)MSIHC Rule-1989 as amended in 1994 and 2000

Date of enactment

On 9 December 1996 MSIHC Rules, 1989(27thJuly1989) as amended in subsequently amended in 1990,1994 and in 2000

Legal basis It is based on Article 130s of the Treaty of EC- [Environmental Policy of the European Community

This rule is made from power conferred by Environmental Protection Act-1986 under Section 6, 8 and 25

Aim Art.-1 (i)the prevention of major-accident hazards involving dangerous substances.(ii)- limitation of the consequences of such accidents for man (safety and health aspects) & for the environment (environmental aspect).

Rule4(2)(b)(i) To prevent such major accidents and to limit their consequences to persons and the environment;

Page 6: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Scope/Application area/Approach of regulationsItem EU directive Seveso II (96/82/EC

and its amendment 105/2003/EC)MSIHC Rule-1989 as amended in 1994 and 2000

Scope Art.2 -Presence of dangerous substances in Establishments(Industrial Activity and Storage of hazardous chemical)

According to rule 2(h) and schedule 04 presence of one or more hazardous chemical substance at –Industrial installation or isolated storage or pipeline

Area of Application

Applied for Establishment not only for installation-“the whole area under the control of an Operator where dangerous substances are present in one or more installations, including common or related infrastructures or activities”.

Rule-4(1)(a) shall apply to, an industrial activity in which a hazardous chemical, which satisfies any of the criteria laid down in Part I of Schedule 1 [or listed] in Column 2 of Part II of this Schedule

(b)isolated storage of a hazardous chemical listed in Schedule 2 in a quantity equal to or more than the threshold quantity specified in Column 3,

Approach Two tier based on quantity of hazardous material-(I)Upper tier,(II) Lower tier

Threshold quantity of hazardous chemical as mentioned in column 3of schedule 2 and 3 of this rule. 3 levels of controls on chemicals-Low level (434),Medium level(179) and high level(27) of requirement.

Page 7: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

General and Specific Obligations for Occupier/operators: MAH—Contd---

Item "EU directive Seveso II (96/82/EC and its amendment 105/2003/EC)

MSIHC Rule 1989 as amended in 1994 and 2000.

Remarks

General and specific Obligations(Based on two fold aim) of Occupier

• the prevention of major accidents;

• limitation of the consequences of major accidents

Rule4(2)(a) identified(MAH) the major accident hazards; *Rule4(2)(b)(i) -*Rule 4(2)(b)(ii)-To prevent such major accidents and to limit their consequences to persons and the environment;

In India till 2008 1995 MAH units

are Identifies.

Control measures aimed at prevention

All operators need to meet requirements including:• General obligations/ notification• major-accident prevention policy•  controls on modifications of

establishments/installations• ‘upper tier’ establishments• need to meet requirements on:safety reports and safety management systems

*Ensure the safety and training of person working at on site.*Notification of site for new or modification in existing establishment.* Safety report (rule-10) for all industrial activities covers under schedule-8 of this rule *Rule 10(4) :Occupier have to carried out safety audit by an independent safety auditor.

*DGFASLI is giving the training.

*Notification of site is strictly

followed in India*safety reports

and Safety Audits are regularly

checked by C.A.s

Page 8: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

General and Specific Obligations for Occupier/operators: MAH—Continued-------Item "EU directive Seveso II (96/82/EC and

its amendment 105/2003/EC)MSIHC Rule 1989 as amended in

1994 and 2000.Remarks

Control measures aimed at limitation of the consequencesof a major accident

land-use planning(for all establishment)-Art-12

For Upper Tier—emergency planning

and information on safety measures (to the public)

Land use planning by local development authorities*Safety report (rule-10)for all industrial activities covers under schedule-8 of this rule*Onsite (rule-13) and Offsite(rule-14) emergency planning.*Rule-15, Information to be given to persons liable to be affected by an MAH

*Land Use is regulated by Urban bodies/Development Authorities. Each city have its master plan but not in

rural area. *In India out of 1949---

MAH unit 1607---onsite plan is prepared and these

units spread in 286----districts out of this -159---

districts prepared their offsite plan till 2008.

General obligations of Operators/Occupier

Art.5 -The Operator must take-necessary measures to prevent major accidents and, in the case of such a accident, to limit its consequences for man and the environment • be able to prove, at any time, to the public authority(C.A.) responsible for carrying out the duties under the Directive that he has taken all the necessary measures as specified in the Directive.

Rule-4 General responsibility of occupier during industrial activity- (a)identified the MAHs(b)(i)prevent such major accidents and to limit their consequences to persons and the environment*(b)(ii)Ensure safety of persons working on site.*Rule10(4) :Occupier have to carried out safety audit by an independent safety auditor.

C.A. are enforcing these regulations

Page 9: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

General and Specific Obligations for Occupier/operators: MAH, Item "EU directive Seveso II (96/82/EC

and its amendment 105/2003/EC)MSIHC Rule 1989 as amended in

1994 and 2000.Remarks

General obligations of Operators/OccupierNotification of Site/activities

• Art.6-provides that operators must notify these information-Name of operator/Address of establishment

• Name and designation of person in charge of establishment/

• dangerous substance or its category/Industrial

• activities in installation/storage facilities/environment of establishment

• *Rule-7(1):Approval and notification of site on proforma as specified in schedule-7 of this rule by occupier.

• Rule-8: Updating of the site notification following change in the threshold quantity by occupier.

• Rule 3(2)(b)(ii) –occupier provide

information about industrial activity to persons working on site.

In India prior

Approval and

notification of sites is

strictly followed.

Notification sending time period to competent authority(C.A)

• *New establishment—within reasonable time

• *Existing operator who already submitted to C.A.-Not required

• *Existing but not covered under SEVESO-I within one year i.e. before 3rd Feb.2000

• Provision of prior approval and notification of site from concern authority(C.A.) under rule-7.

• -New establishment submit approval application report to C.A. and C.A must approve it within 60 days or clarify discrepancies.

Provisions are

followed but needs to

be more precise and time bound.

Page 10: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Major Accident Prevention Policy(MAPP) -SMS Item "EU directive Seveso II (96/82/EC and

its amendment 105/2003/EC)MSIHC Rule 1989 as amended in 1994 and

2000.

Remarks

MAJOR ACCIDENT PREVENTION POLICY - MAPP

Art.7. *It is applied for both tier operators and must be written*It includes Aims and Principles.*Lower tier establishments make available MAPP to C.A. on their request while Upper tier submit it mandatory.

There is an three tier system but Under Rule 4(1)(a) and (b) chemical are defined and under rule. *Threshold quantity of hazardous chemical as mentioned in column 3 of schedule 2 and 3 of this rule.*Industrial activities comes under this criteria have to make an plan to prevent MAH

NDMA prepared an chemical disaster management plan and issued guideline for occupiers and C.A.s* Three level of chemical in MSIHC

SAFETY MANAGEMENT SYSTEM – SMS includes-

In Annex.3, -* organisation and personnel/ identification and evaluation of MAH• operational control/ management of change• planning for emergencies/ monitoring performance/ audit and review

Not mention in the rule but it covers under safety report, safety review report and emergency plan as mentioned in this rule

NDMA issued guide line for chemical disaster management to occupiers and C.A.s.

Page 11: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Major Accident Prevention Policy(MAPP)- Safety ReportsContinued------

Item "EU directive Seveso II (96/82/EC and its amendment 105/2003/EC)

MSIHC Rule 1989 as amended in 1994 and

2000.

Remarks

SAFETY REPORT(MAPP and SMS)

Art.9,Produce and send to C.A.-Mandatory for upper tier establishment.

*Rule-10(1)Safety reports on the basis of content specified in schedule-8.*Rule 10(4):Occupier make a safety audit report through an independent safety auditor and submit it to C.A. It is new as compare to SEVESO-II

Followed .Safety audit is special feature in India.

Contents of Safety Report

Safety report must demonstrate/include that----• a MAPP and a SMS have been put into effect,• MHA identified and necessary measures taken to prevent such accidents and to limit their consequences for man and the environment,•adequate safety and reliability have been incorporated into the design, construction, operation and maintenance of any establishment/installation and/or storage facility, as well as equipment and infrastructure connected,• Internal Emergency Plans have been drawn up, supplying information to enable the External Emergency Plan to be drawn up,• providing sufficient information to the C.A. in case of to the siting of new activities or developments around existing establishments.

Rule-10(1)-Occupier must made a safety report including contents as specified in schedule -8 of this rule. *Content are similar as SEVESO –II and schedule -8 of this rule.

Page 12: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Major Accident Prevention Policy(MAPP)- Safety Reports .----Continued------

Item "EU directive Seveso II (96/82/EC and its amendment 105/2003/EC)

MSIHC Rule 1989 as amended in 1994 and

2000.Data in Safety ReportMust included

• Information on the MAPP and on the SMS• Presentation of the environment of the establishment• Description of the installation(s)• Identification and accidental risk analysis and prevention methods• Measures of protection and intervention to limit the consequences of an accident

• Rule-10(1)-Occupier must made a safety report including contents as specified in schedule -8 of this rule.

• Content are similar as SEVESO –II and schedule -8 of this rule.

Time limits for the submission of the safety report to send C.A.

• new establishments-within a ‘reasonable period of time’or before start

• existing establishments previously covered by the Seveso-I Directive- Before3rdFeb.2001

• existing establishments not previously covered by the Seveso- I Directive--before 3 February 2002.

• New establishment within 6 month of commencement of this rule.

• Existing establishment within 1 year of the commencement of this rule.

Page 13: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Major Accident Prevention Policy(MAPP)- Safety Reports .

Item "EU directive Seveso II (96/82/EC and its amendment

105/2003/EC)

MSIHC Rule 1989 as amended in 1994 and 2000.

Remarks

Review of the safety report

*at least every five years*Or at the initiative of the Operator or at the request of the Competent Authority,*in case of a modification of a site/storage

*Rule-11(2):At least every three year.*Rule 11(1): In case of modification of site/activities*Rule-13: C.A. may ask to occupier on the basis of their review/inspection

Tasks of the Competent Authority with regard to the safetyreport

*the task of examining the Safety report and to communicate the conclusions of its examination to the Operator.*Take further information and can inspect the establishment.*Allow or prohibits to any establishment on their findings.

*Rule -13: C.A. examine safety report and may ask additional information to occupier *Rule-10(7): C.A. may issue improvement notice under rule 19 within 45 days of the submission of the said safety audit report.Rule-3: (a) inspect the industrial activity at least once in a year; (c) subject to the other provisions of these rules, perform the duties specified in column 3 of Schedule 5.]

Capacity building of C.A.s is needed.

Page 14: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Measure for Limitation of MAH ConsequencesItem "EU directive Seveso II (96/82/EC and its

amendment 105/2003/EC)MSIHC Rule 1989 as amended in

1994 and 2000.Remarks

Emergency Plans

Art.11• The Internal Emergency Plan for the measures

to be taken inside the establishment has to be drawn up by the Operator and to be supplied to the Local Authorities to enable them to draw up an External Emergency Plan.

• the Operator to consult with his personnel on the Internal Emergency Plan and on the Local Authority to consult with the public on the External Emergency Plan.

• Emergency Plans have to be reviewed, revised and updated, where necessary.

• *The competent local authorities are obliged to draw up External Emergency Plans within a reasonable period of time

This rule specified onsite and offsite emergency plans.• Rule-13:On site emergency plan-

occupier shall prepare and update this plan containing details specified in schedule-11 of this rule.

• Rule 13(4): Mock drill by occupier at every six months.

• Rule-14: Offsite plan shall be prepared by concern authorities as specified in column 2 of schedule-5 containing particulars specified in schedule-12 of this rule.

• Rule 14(4): Mock drill of this plan by C.A. with occupier once an year.

• In India out of 1949 MAH unit 1607 onsite emergency plan is prepared and these units spread in286 districts out of this 159 districts prepared their offsite plan till 2008.

• regular mock drill is needed and capacity building of C.A.s and local peoples.

• involvement of locals should be increased.

Drawn Up time frame for Emergency Plan

• New establishment-Prior to start

• Establishment covered under SEVESO-I—Before 3rd Feb.2001

• Establishment not cover under SEVESO-I—Before 3rd Feb.2002

• New establishment--- before beginning activity

• Existing establishment within 90 day of enforcement of this rule for onsite plan while for offsite plan it is 6 month.

Page 15: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Measure for Limitation of MAH Consequences---Continued

Item "EU directive Seveso II (96/82/EC and its amendment 105/2003/EC)

MSIHC Rule 1989 as amended in 1994 and 2000.

Remarks

Notification of Major Accident and its consequences

• substances involved,• injury to persons and damage to real estate,• immediate damage to the environment,• damage to property,• cross-border damage.

Similar content are included in the report which is made on the format as specified in schedule-6 of this rule.

Followed and CAIRS System is under operation.

Information obligations of the Operator following a major accident

Art.14 The Operator has the obligation to• inform the Competent Authority,• provide information on the circumstances of the accident, the substances involved, data for an assessment of the effects of the accident and the emergency measures taken• inform about the steps envisaged to alleviate the effects of the accident and to prevent a recurrence of such an accident• update the information about the accident.

Rule -5:If a major accident occurred then occupier send a report within 48 hour to concern authority(C.A.)(as mention in schedule-5) in prescribed format as mentioned in schedule-6 of this rule.*C.A. send its finding on the report send by occupier within 90 day from receipt to MOEF .*An occupier shall notify to the C.A., steps taken to avoid any repetition of such occurrence on a site*The C.A. shall in writing inform the occupier, of any lacunae which in its opinion needs to be rectified to avoid major accidents.

Page 16: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Measure for Limitation of MAH Consequences-Item "EU directive Seveso II (96/82/EC and

its amendment 105/2003/EC)MSIHC Rule 1989 as amended in

1994 and 2000.Remarks

The role of C.A. in case of major Accident happens

The Competent Authority must• ensure that all necessary measures are taken;

• collect all information necessary for a full analysis of the accident,

which might also include on-site inspection,

• ensure that the Operator takes all necessary remedial measures and

• recommend future preventive

measures.

• Assist to occupier to minimise the adverse consequences as mentioned in Offsite emergency plan(Rule-14)

• Rule-5(1):Take report from occupier with in 48 hour on the proforma as specified in schedule -6 and analyse it. C.A. will send its report to MOEF

• Rule5(4)Onsite inspection and compile information about this major accident and send report to MOEF.

• Rule5(5): C.A shall in writing inform the occupier, of any lacunae which in its opinion needs to be rectified to avoid major accidents.

• Capacity building of district authorities is needed.

Information obligations of the Member States

• Art.15 –If accident occurs----Member States have the obligation to report to the Commission all accidents which correspond to this definition of a major accident.

 

--------Not applicable in case of an country

Page 17: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

MAH Information system, Reporting Obligation Item "EU directive Seveso II (96/82/EC and its amendment

105/2003/EC)MSIHC Rule 1989 as amended in 1994 and

2000.Remarks

Information obligations of the Commission : the MajorAccident Reporting System - MARS

• Art.19---to fulfil its information obligations towards the Member States, the Commission has established a so-called Major-Accident Reporting System (MARS)

• the Community Documentation Centre on Industrial Risks (CDCIR) at the Major-Accident Hazards Bureau (MAHB) Established within the Joint Research Centre (JRC) in Ispra, Italy.

 

• In India- The Web based Chemical Accident Information Reporting System (CAIRS) developed by the National Informatics Centre for MOEF. In India MOEF is nodal department for MAH.

• This is web based system and it allows the concerned authorities to online Add/Update/Delete the information related to Hazardous Chemical Accident using password security over web, so that only authentic users can update the information.

 

CAIRS system is under operation. GIS based monitoring is also functioning in India.

MARS/CAIRS/CDCIR

• MARS is an information system containing descriptive data of accidents supplied by the Member States and evaluated by MAHB (see http://mahbsrv.jrc.it/mars/Default.html). It is a database network,

• The CDCIR is a library and information system that collects and evaluates guidelines, regulations, codes of good practice, and accident case histories related to all aspects of relevant Community and international legislation in the area of industrial risks

• Key features of CAIRS are – Web based portal, General Accident format for authorities, Centralized database of Chemical Accidents, Updated Chemical Accident details for all concerned authorities, User authentication, Online report/ chart generation and simple and user friendly design.

REPORTING OBLIGATIONS

• Art.19)-- introduces three-year reporting periods.

• the Member States to provide the Commission with a three-year report based on the questionnaire, at the latest 9 months after the end of the reporting period,

 

Page 18: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Implementation of MAH regulations In India• In India1949 MAH spread in 286 districts.1607 units prepared onsite plan and

159 districts made off site plan. CA(EPRR)1996. 24 States constituted Crisis Group.

• The Ministry(MOEF) has initiated the development of on GIS based Emergency Planning and Response.

• The MOEF also launched a web-enabled system on Chemical Accident(CAIRS) with the technical support of National Informatics Centre (NIC).

• The strategy of community awareness, through implementation of the APELL Projects in India. APELL stands for Awareness and Preparedness for Emergencies at Local Level (APELL).[1992-1997] supported by UNEP.

• MOEF is designated as nodal department for MAH.• NDMA issued a guideline for chemical disaster and central/state are formed and

at the district and local level crisis groups formation is under progress.• Onsite and offsite emergency plan formation is under progress-In India out of

1949 MAH unit 1607 onsite emergency plan is prepared and these units spread in286 districts out of this 159 districts prepared their offsite plan till 2008.

Page 19: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Key Gaps in MHA Prevention regulations—Contd.----

Key Gaps• Each state have their own factory rules

despite of a central Factory Act-1947(as amended in 1987).

• Technical authorities are not yet identified to monitor the status of implementation of various chemical disaster related activities.

• Lack of standardization of reporting mechanism for monitoring the status of implementation of various chemical disaster related activities

• Non availability of statutes for grant of compensation of chemical accident victims.

• Disaster management act 2005 issued guideline for chemical disaster but existing MAH regulatory provisions are not integrated to D.M. Act 2005.

Suggestions• Dovetailed the state factory rules

with Factory Act of India-1947(as amended in 1947)

• Identify technical competent authorities and standardization of reporting mechanism.

• An act/rule should be formulated and enacted at national level for grant of compensation of chemical disaster victims.

• .Need to dovetail the existing regulatory provisions with Disaster Management Act, 2005

Page 20: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Key Gaps in MHA Prevention regulations

Key Gaps

• Lack of a legal framework for harmonization and incorporation of international laws in chemical disaster management.

• Different codes of practices, procedures and standards governing safety in the handling of chemicals are available but not exhaustive, don’t cover all HAZCHEM and process—

• (i)Lack of national level risk assessment criteria and acceptable risk for chemical plants.

• (ii)Lack of standardize norms and format for conduct of safety audit report preparation.

Suggestions

Develop a framework for harmonization and incorporation of international laws in chemical disaster management.

Develop a national level risk assessment criteria and acceptable risk for chemical plants. Integration of safety risk assessment provisions in all the states/UTs.

Develop a uniform procedure for conduct of safety audit

Page 21: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Key Gaps in Implementation of MHA Prevention regulations—Contd.----

Key Gaps• Multi body inspection system create

problem for occupiers .Each body have their own inspection format and norms.

• Flow of information about chemicals and process is not fluent .Information are in a complex for and difficult to understand for workers and other stakeholders of chemical disaster management system.

• No system about accident occurs during commissioning and decommissioning of chemical establishment and also not a uniform chemical accident reporting system in the country.

Suggestions Established an single inspection

system for hazardous chemical industries

Ensure the easy access to information related to hazardous chemical to workers and all stakeholders of chemical disaster management.

Establish a uniform chemical accident reporting system. Reporting system for chemical storage/handling and accidents/release has to be harmonized and in common format in all the districts of the states.

.

Page 22: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Key Gaps in Implementation of MHA Prevention regulations

Key Gaps• Irregular and incomplete mock drill of

on- site and off- site emergency plan combating the chemical disaster and also poor participation of local community.

• Inadequate capacity building to all stakeholder (Government functionaries, competent authorities, worker, local community and NGOs) for chemical disaster management.

• Lack of awareness in public about chemical disaster and safety management.

Suggestions Arrange regular and complete mock

drills of on-site and off-site emergency plan.

Strengthen the capacity building institutions and develop required capacity in all stakeholders of chemical disaster management.

Awareness campaign should be intensifying to educate the people and all stakeholders of chemical disaster management about chemical disaster

Page 23: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Conclusion• Dovetailing of state factory laws with Factory Act-1947 and also dovetail the D.

M. Act 2005 with all MAH prevention regulations.• A national law for compensation to chemical disaster victims.• What is needed today is an assurance from the occupiers of MAH installations

that they have correctly identified and evaluated all the hazards, and taken adequate control measures to prevent major accidents.

• Community Involvement-in emergency plan making and mock drill process and sharing of information with local community.

• Uniform reporting and inspection format should be developed.• Regular and complete mock drill of onsite and offsite emergency plan.• Effective Capacity building efforts for all stakeholders of chemical disaster

management system• Intensive awareness campaign about chemical disaster safety management.

Page 24: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

References• [1]MAJOR ACCIDENT HAZARDS CONTROL – A NATIONAL PRESPECTIVE INDOSHNEWS Vol.3 No.2 April-June 1998 Published

by the Directorate General of Factory Advice Service & Labour Institutes, N.S. Mankiker Marg. Sion, Mumbai 400 022. INDIA Editor-in Chief Shri S.K. Saxena

• [2] Environmental Laws in India by A.K. Tiwari, Deep &Deep Publication New Delhi, 2006]• [3]& [4] THE SEVESO II DIRECTIVE by Jürgen Wettig and Sam Porter February 1999• [5] The Manufacturing, Storage and Import of Hazardous Chemical Rules, 1989, Ministry of Environment and Forests (Department of

Environment Forests and Wildlife) NOTIFICATION- S.O.966 (E) (New Delhi, the 27th November 1989)• [6]&[7] National and International Status of Chemical Disaster Risk and Management - Recent Developments and Issues by Dr. Chhanda

Chowdhury Director Ministry of Environment & Forests, New Delhi: Chemical Disaster Management, Proceeding of the National workshop 30September-01 October2008, New Delhi

• [8] GIS Based Emergency Planning and Response System Shri Sanjay Gahlau Sr. Technical Director & Ms. Arpita Gupta Senior Scientist Environmental Systems Division, National Informatics Centre (NIC), New Delhi: Chemical Disaster Management, Proceeding of the National workshop 30September-01 October2008, New Delhi:

• [9]Chemical Accident Information and Reporting System Shri Anil Kumar• Senior Scientist National Informatics Centre, Government of India, New Delhi Chemical Disaster Management, Proceeding of the National

workshop 30September-01 October2008, New Delhi:• [10]Capacity Building and Knowledge Needs for Chemical Disaster Management Dr. Anil K. Gupta Associate Professor & Ms. Sreeja S.

Nair Assistant Professor National Institute of Disaster Management, New Delhi: Chemical Disaster Management, Proceeding of the National workshop 30September-01 October2008, New Delhi

• [11]MAJOR ACCIDENT HAZARDS CONTROL – A NATIONAL PRESPECTIVE INDOSHNEWS Vol.3 No.2 April-June 1998 Published by the Directorate General of Factory Advice Service & Labour Institutes, N.S. Mankiker Marg. Sion, Mumbai 400 022. INDIA Editor-in-Chief Shri S.K. Saxena

• [12] The Environmental laws in India by A.K.Tiwari, page 364, 2006.

• [ 13] M.C. Mehta vs. Union of India, AIR 1987, 965.

Page 25: Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives

Thank you!?