REGULATORY FRAMEWORK ON CHEMICAL AND INDUSTRIAL

DISASTER MANAGEMENT IN INDIA -AN OVERVIEW

By

G.Bala Kishore M.E.,

Director of Factories

Government of Andhra Pradesh, Hyderabad

DISASTERDISASTER Defined in the Disaster Management Act, 2005 as:Defined in the Disaster Management Act, 2005 as: ““A catastrophe, mishap, calamity or grave A catastrophe, mishap, calamity or grave

occurrence in any area, arising from natural or occurrence in any area, arising from natural or man-made causes, leading to accidents, and man-made causes, leading to accidents, and resulting in substantial loss of life or human resulting in substantial loss of life or human suffering or damage to, and destruction of suffering or damage to, and destruction of property, or damage to, or degradation of property, or damage to, or degradation of environment, and is of such a nature and / or environment, and is of such a nature and / or magnitude as to be beyond the coping capacity of magnitude as to be beyond the coping capacity of the community of affected area”the community of affected area”

Types of DisastersTypes of Disasters

Natural (Flood, severe weather, Tsunami, Natural (Flood, severe weather, Tsunami, earthquakes, cyclones, etc)earthquakes, cyclones, etc)

Man-made (Fire, civil disturbance, explosion, Man-made (Fire, civil disturbance, explosion, toxic release, chemical spill, etc)toxic release, chemical spill, etc)

Factors contributing to Industrial Factors contributing to Industrial disastersdisasters

Storage of flammable, explosive or toxic Storage of flammable, explosive or toxic chemicals including radio active materialschemicals including radio active materials

Uncontrollled release of unreacted chemicals, Uncontrollled release of unreacted chemicals, chemical reaction products, or energy from a chemical reaction products, or energy from a chemical reactionchemical reaction

The presence of people in the proximity to result The presence of people in the proximity to result in exposurein exposure

Exposure sufficient to cause serious injury or Exposure sufficient to cause serious injury or deathdeath

Chemical AccidentChemical Accident Accident involving a fortuitous or sudden or Accident involving a fortuitous or sudden or

unintended occurrence while handling any unintended occurrence while handling any hazardous chemicals resulting in continuous, hazardous chemicals resulting in continuous, intermittent or repeated exposure to death or intermittent or repeated exposure to death or injury to any person or damage to any propertyinjury to any person or damage to any property

MAJOR ACCIDENTAn occurrence such as • Loss of life inside or outside the installation• Ten or more injuries inside• One or more injuries outside • Release of toxic chemicals or explosion or fire or

spillage of hazardous chemicals• Onsite or offsite emergencies• Damage to equipment leading to stoppage

of process• Adverse effects to environment

Some high impact world-wide chemical Some high impact world-wide chemical disastersdisasters

Flixborough, Nypro UK (1Flixborough, Nypro UK (1stst June. 1974) June. 1974) Chemical released was cyclohexane due to which 28 Chemical released was cyclohexane due to which 28

persons died, 36 were injured. The plant was completely persons died, 36 were injured. The plant was completely demolished and over 1821 houses and 167 factories demolished and over 1821 houses and 167 factories suffered tremendous losses.suffered tremendous losses.

Seveso, Italy (10Seveso, Italy (10thth July 1976) July 1976) Chemical released was 2,3,7,8-TCDD (Dioxin) which has

resulted in the death about 1.0 lakhs animals, evacuation of 760 persons and contamination of an area of about 4,450 acres.

Bhopal Disaster (3Bhopal Disaster (3rdrd December, 1984) December, 1984)

Methyl Iso cynate (MIC) was released Methyl Iso cynate (MIC) was released which resulted in the death of over 2500 which resulted in the death of over 2500 persons and injured about 1,00,000 persons and injured about 1,00,000 persons. Even today we here of people persons. Even today we here of people suffering due to after affects of the suffering due to after affects of the hazchem. Large scale evacuation of hazchem. Large scale evacuation of people and relief and rehabilation was people and relief and rehabilation was taken up.taken up.

Sources of chemical emergencies• Manufacturing,

maintenances and disposal

• Handling and storage facilities

• Transportation

EmergenciesEmergencies FireFire ExplosionExplosion Toxic ReleaseToxic Release Combination of Combination of

the abovethe above

Types of EmergenciesTypes of Emergencies Onsite Onsite

EmergencyEmergency Offsite Offsite

EmergencyEmergency

ONSITE EMERGENCYONSITE EMERGENCY

If the consequences of emergency are limited If the consequences of emergency are limited to the four walls of the industrial activityto the four walls of the industrial activity

Management shall prepare the planManagement shall prepare the plan The plan has to be rehearsed The plan has to be rehearsed

OFFSITE EMERGENCYOFFSITE EMERGENCY If the consequences of emergency exceeds the If the consequences of emergency exceeds the

four walls of the industrial activity four walls of the industrial activity Involvement of District Administration in Involvement of District Administration in

saving the life and propertysaving the life and property Coordination of various department and Coordination of various department and

organisations organisations Preparation of Offsite Emergency PlanPreparation of Offsite Emergency Plan

Legislations related to Chemical Legislations related to Chemical Emergency ManagementEmergency Management

Environment Protection Act, 1986Environment Protection Act, 1986 Factories Act, 1948 as amended in 1987Factories Act, 1948 as amended in 1987 Manufacture, Storage and Import of Hazardous Manufacture, Storage and Import of Hazardous

Chemicals rules, 1989 as amended in 1994 and Chemicals rules, 1989 as amended in 1994 and 20002000

Public Liability Insurance Act, 1991 and RulesPublic Liability Insurance Act, 1991 and Rules Chemical Accidents (Emergency Planning, Chemical Accidents (Emergency Planning,

Preparedness and Response Rules) 1996 Preparedness and Response Rules) 1996 Central Motor Vehicles Rules, 1989 as amended Central Motor Vehicles Rules, 1989 as amended

in1993 in1993

Legislations related to Chemical Legislations related to Chemical Emergency ManagementEmergency Management

Hazardous Wastes (Management and Handling) Hazardous Wastes (Management and Handling) Rules, 1989 as amended in 2000 and 2003Rules, 1989 as amended in 2000 and 2003

The Explosives Act, 1884 The Explosives Act, 1884 The Explosive Rules, 2008The Explosive Rules, 2008 The Static and Mobile Pressure Vessels (Unfired) The Static and Mobile Pressure Vessels (Unfired)

Rules,1981 as amended in 1993, 2000 & 2002Rules,1981 as amended in 1993, 2000 & 2002 The Gas Cylinders Rules, 2004The Gas Cylinders Rules, 2004 The Petroleum Act, 1934 & The Petroleum Rules, 2002The Petroleum Act, 1934 & The Petroleum Rules, 2002

Legislations Legislations implemented by the implemented by the Factories departmentFactories department

Factories Act 1948Factories Act 1948 MSIHC Rules, 1989MSIHC Rules, 1989 CA(EPPR)Rules,1996CA(EPPR)Rules,1996 DM Act, 2005DM Act, 2005

Factories Amendment Act 1948Factories Amendment Act 1948 Main Objectives: Main Objectives: To provide safeguards to be adopted in using To provide safeguards to be adopted in using

and hazardous substancesand hazardous substances To lay down emergency standards and To lay down emergency standards and

measures measures To lay down procedures for siting of hazardous To lay down procedures for siting of hazardous

industries and industries and To ensure workers participation in safety To ensure workers participation in safety

managementmanagement

Provisions relating to hazardous Provisions relating to hazardous processes-Chapter-IVprocesses-Chapter-IV

Section 41-ASection 41-A Constitution of Site Appraisal CommitteeConstitution of Site Appraisal Committee SAC to consider application only afte SAC to consider application only afte

clearance by the MOI and MOEFclearance by the MOI and MOEF For initial location as also for expansionFor initial location as also for expansion

Factories Act 1948- Hazardous Factories Act 1948- Hazardous Processes – Sec 41 Processes – Sec 41 B and FB and F

Compulsory disclosure of informationCompulsory disclosure of information Dangers, health hazards, measures to overcome the Dangers, health hazards, measures to overcome the

samesame To Chief Inspector of Factories and Local To Chief Inspector of Factories and Local

authoritiesauthorities Preparation of on-site Emergency PlanPreparation of on-site Emergency Plan Permissible Limits of exposure of Chemicals Permissible Limits of exposure of Chemicals

is prescribed – third scheduleis prescribed – third schedule

Section 41C:Section 41C: Specific responsibility of the Occupier in Specific responsibility of the Occupier in

relation to hazardous processrelation to hazardous process Persons with qualifications and experience to Persons with qualifications and experience to

supervise hazardous operationssupervise hazardous operations Section 41 G:Section 41 G: Workers Participation in safety managementWorkers Participation in safety management Safety Committees Safety Committees

Factories Act- Chemical Works– Factories Act- Chemical Works– Schedule XVSchedule XV

Chemical Works – Schedule XV is introduced Chemical Works – Schedule XV is introduced under Dangerous operationsunder Dangerous operations

This schedule requiresThis schedule requires Identification of hazardsIdentification of hazards Remedial measuresRemedial measures Identification of Emergencies Identification of Emergencies Preparation of Emergency PlanPreparation of Emergency Plan Practicing of Plan once in 3 monthsPracticing of Plan once in 3 months

Hazardous OperationsHazardous Operations Hazard Analysis and Risk AssessmentHazard Analysis and Risk Assessment

Identification of HazardsIdentification of Hazards Production, MaintenanceProduction, Maintenance

Risk Mitigation MeasuresRisk Mitigation Measures Documentation of the sameDocumentation of the same Submission to statutory authoritiesSubmission to statutory authorities

Onsite emergency PlanOnsite emergency Plan Identification of emergenciesIdentification of emergencies Planning to meet the samePlanning to meet the same Documentation and submissionDocumentation and submission RehearsingRehearsing RevisingRevising

Emergency ProceduresEmergency Procedures

Identify possible emergenciesIdentify possible emergencies Course of work, maintenance work, repair workCourse of work, maintenance work, repair work

Review of emergencies every yearReview of emergencies every year Formulate a detailed plan to meet emergenciesFormulate a detailed plan to meet emergencies Information to all the concernedInformation to all the concerned Evacuation procedureEvacuation procedure Alternate power supply arrangementAlternate power supply arrangement

Emergency ProceduresEmergency Procedures

Training of employeesTraining of employees Rehearsal of the planRehearsal of the plan 10 % of workers shall be trained in first aid 10 % of workers shall be trained in first aid

and fire fightingand fire fighting Information on chemicals to physicianInformation on chemicals to physician

MSIHC Rules • Framed under EPA• 684chemicals are identified to be hazardous and toxic• Preparation of onsite emergency plan by industrial

installation• Preparation of offsite emergency plan by

Government• Information to public liable to be affected• Safety audit once in a year

MAJOR ACCIDENT HAZARD INSTALLATIONSMAJOR ACCIDENT HAZARD INSTALLATIONS

Isolated StoragesIsolated Storages Industrial activitiesIndustrial activities Hazardous chemicals 431/684Hazardous chemicals 431/684 Inventory exceeding the threshold quantityInventory exceeding the threshold quantityIn column 3 of Schedule 2 and 3In column 3 of Schedule 2 and 3

Responsibilities of MAH InstallationsResponsibilities of MAH Installations Preparation of onsite emergency planPreparation of onsite emergency plan Notification of major accidentNotification of major accident Preparation of safety reports and safety audit Preparation of safety reports and safety audit

reportsreports Conducting mock drills to test the onsite Conducting mock drills to test the onsite

emergency planemergency plan Aid, assist and facilitate functioning of District Aid, assist and facilitate functioning of District

Crisis GroupCrisis Group

Information to be furnished in OSEP

• Details of site• Location of dangerous substances• Seat of key personnel• Emergency control room

• Description of hazardous chemicals• Effects of

• Stress and strain caused during normal operations

• Effects of fire and explosion – inside and outside

Information to be furnished in OSEP

• Key personnel and their responsibilities• Assistance from outside agencies• Liaison arrangement between organisations• PHA

• Types of accidents• Events that lead to accident• Hazards• Safety related components

Information to be furnished in OSEP

• Communication facilities• Details of fire fighting and other facilities• First aid and hospital services• Emergency contact numbers

Information to be furnished in OSEP

• Details of site• Location of dangerous substances• Seat of key personnel• Emergency control room

• Description of hazardous chemicals• Effects of

• Stress and strain caused during normal operations

• Effects of fire and explosion – inside and outside

Chemical Accidents(EPP&R) Rules 1996

• Framed under EPA• Constitution of Crisis Groups• Crisis Alert System• Information to Public

Levels of Crisis GroupLevels of Crisis Group

Central Crisis GroupCentral Crisis Group

State Crisis GroupState Crisis Group

District Crisis GroupDistrict Crisis Group

Local Crisis GroupLocal Crisis Group

Chairmen of Crisis Groups• Central Crisis Group ---- Secy, MOEF • State Crisis Groups ---- Chief Secretary• District Crisis Groups ---- District Collector• Local Crisis Groups ---- Sub Divisional

Magistrate

Periodicity of Meeting• Central Crisis Group --- once in six months• State Crisis Group ---- once in 3 months• District Crisis Group ---- once in 45 days• Local Crisis Group ---- Every month

Central Crisis Group-- Functions• Monitoring post accident situation• Post accident analysis and response• Review district offsite emergency plan• State wise list of experts• Financial and infrastructural assistance to

States

State Crisis Group --- Functions• Review district offsite emergency plan• Assists in managing chemical accidents at

site• Monitoring post accident situation• Review progress report of District Crisis

Groups• Publish list of experts

Functions of DCGFunctions of DCG Apex body in the district to deal with major chemical Apex body in the district to deal with major chemical

accidents accidents To provide expert guidance for handling chemical accidents.To provide expert guidance for handling chemical accidents. Assist in the preparation of the off-site emergency planAssist in the preparation of the off-site emergency plan Review all the on-site emergency plans Review all the on-site emergency plans Assist the district administration in the management of Assist the district administration in the management of

chemical accidentschemical accidents Continuously monitor every chemical accidentContinuously monitor every chemical accident Ensure continuous information flow from the district to the Ensure continuous information flow from the district to the

Central and State Crisis GroupsCentral and State Crisis Groups

Local Crisis Groups--- Functions• Preparation of local emergency plan for the

industrial pocket• Ensure devitalizing local plan with district

plan• Train personnel involved in chemical

accident management• Educating public• One full scale mock drill every six months

STATUTORY PROVISIONS FOR CONDUCTING MOCK EXERCISES

1. Factories Act – Schedule XV- Chemical works

2. MoEF Rules for ‘On Site’ and ‘Off Site’ Emergency Plans – 2001.

3. DM Act, 2005

4. NDMA Guidelines on Chemical (Industrial) Disaster reinforces MoEF guidelines, to conduct mock drills for ‘On Site Plan’ at least once every six months

5. NDMA Guidelines give out the formats for ‘On Site’ and ‘Off Site’ plans as Annexures.