The document provides an agenda for a seminar on legal provisions and implementation to prevent major accidents involving hazardous materials (MAH) in India and a comparison with the Seveso II directives. The agenda is divided into three parts: background and definitions of MAH regulations; general and specific obligations and control systems for MAH prevention; and MAH information systems, reporting obligations, and administrative coordination. Key aspects that will be discussed include India's MAH regulations, major accident prevention policies, safety management systems, safety reporting requirements, and gaps in regulations and their implementation in India.
Legal provision and implementation to prevent Major Accident Hazards(MAH)in India and Comparison with SEVENCO-II Directives
1. Seminar Title:
Legal Provision and implementation to prevent MAH in India and
comparison with Seveso -II directives.
Satya Prakash Patel
Email: sppatel06@rediffmail.com
Student-Green Industry MBA
ICPE/Josef Stefan International Postgraduate School
Ljubljana (Slovenia) Mentor: Dr. Marko Gerbec
2. 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 gapsâRegulation and Implementation related.
⢠Suggestions and Conclusion
3. 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) -âmajor accidentâ 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 substancesâ.
⢠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
â˘major emission, fire or
explosion
â˘resulting from
uncontrolled
developments in the
course of an industrial
activity,
â˘leading to a serious
danger to humans or
environment
â˘immediate or delayed,
â˘inside or out side the
establishment and
â˘involving one or more
dangerous substances
4. 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 Provisions
The Environment (Protection) Act, 1986 (amended 1991) and
following Rules there underâ
⢠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).
ďˇ Public Liability Insurance (PLI) ACT, 1991
ďˇ Disaster Management (DM) Act 2005
5. 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;
6. Scope/Application area/Approach of regulations
Item 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 âIndustrial
installation or isolated storage or pipeline
Area of
Application
Applied for Establishment not only
for installation-âthe whole area
under the control of an Operator
where dangerous substances are
present in one or more installations,
including common or related
infrastructures or activitiesâ.
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.
7. General and Specific Obligations for Occupier/operators: MAHâ
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
⢠âupper tierâ 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
8. General and Specific Obligations for Occupier/operators: MAHâContinued-------
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
consequen
ces
of a major
accident
ďˇ land-use planning(for all
establishment)-Art-12
ďˇ For Upper Tierâemergency
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
obligation
s 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
9. 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/O
ccupier
Notification
of
Site/activitie
s
⢠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) âoccupier 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 establishmentâwithin
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.
10. 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
ACCIDE
NT
PREVEN
TION
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
MANAG
EMENT
SYSTEM
â SMS
In Annex.3, -* organisation and
personnel/ identification and evaluation
of MAH
⢠operational control/ management of
change
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
11. 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.
Remarks
SAFET
Y
REPOR
T(MAP
P 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.
Content
s 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,
â˘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 âII and schedule -8
of this rule.
12. 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
Report
Must
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 âII and
schedule -8 of this rule.
Time limits
for the
submissio
n of the
safety
report to
send C.A.
⢠new establishments-within a âreasonable
period of timeâor 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
⢠New establishment
within 6 month of
commencement of this
rule.
⢠Existing establishment
within 1 year of the
commencement of this
13. 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.
Remark
s
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 safety
report
*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.
14. 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
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-Iâ
Before 3rd Feb.2001
⢠Establishment not cover under SEVESO-Iâ
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.
15. 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
consequence
s
⢠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
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.
16. 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 âIf 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
17. 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 Major
Accident
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 â 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,
18. 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.
19. Key Gaps in MHA Prevention regulationsâContd.----
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
20. 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, donât cover all HAZCHEM and
processâ
⢠(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
ďˇ Develop a framework for
harmonization and incorporation of
international laws in chemical
disaster management.
ďˇ Develop a national level risk
assessment criteria and acceptable
risk for chemical plants.
Integration of safety risk
assessment provisions in all the
states/UTs.
ďˇ Develop a uniform procedure for
conduct of safety audit
21. Key Gaps in Implementation of MHA Prevention
regulationsâContd.----
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
ďˇ Established an single inspection
system for hazardous chemical
industries
ďˇ Ensure the easy access to information
related to hazardous chemical to
workers and all stakeholders of
chemical disaster management.
ďˇ 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.
22. 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
ďˇ Arrange regular and complete mock
drills of on-site and off-site
emergency plan.
ďˇ Strengthen the capacity building
institutions and develop required
capacity in all stakeholders of
chemical disaster management.
ďˇ Awareness campaign should be
intensifying to educate the people and
all stakeholders of chemical disaster
management about chemical disaster
23. 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.
24. References
⢠[1]MAJOR ACCIDENT HAZARDS CONTROL â 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 Jßrgen 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 â 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.