mah_gsc1

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Important Legal Requirements for

Operation of MAH Factories

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It is a great pleasure for me to be with safety professionals of State of Gujarat, whose intention is to make Accident Free Gujarat State.

Chemicals provide many benefits to the society and enhance the quality of life. These chemicals are used to provide us the health and hygiene products, clothing, cosmetics, etc. In fact, we use chemicals in some form or the other almost in daily activity.

Chemicals including pesticides and other consumer chemicals have become part of our life and their use is always in increasing in all sectors like industrial, agriculture or consumer. However increasing evidence suggest that chemicals can contribute to health, safety and environmental problems at various stages during their life cycle.

INTRODUCTION

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Chemicals with known fire and explosion hazards and/orwith highly toxic properties, very small quantities of whichwhen released into the surrounding areas for kilometers together become unfit for human habitation or for agriculture.

In the Seveso disasters approximately 2.0 kg of TCDD (Tetra Chloro Dibenzo Para Dioxin) was released into the atmosphere which caused heavy contamination of an areaof 108 hectors to a distance of 2200 meters in the down winddirection.

This incident awoke an European countries and the Council of European Communities adopted the directives.

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FEW MAJOR DISASTERS IN WORLD

Sr.

Name of Chemical Involved

Death Injury Place & Year

1 Methane 136 77 Cleveland, Ohio, USA 1944

2 LPG (Bleve) 18 90 Feyzin, France, 1966

3 LNG 40 - Staten Island, New York, 1973

4 Methane 52 - Mexico, 1985

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EXPLOSION

Sr.


Death

Injury Place & Year

1 Dimethylether 245 3800 Germany, 1948

2 Kerosene 32 16 Germany, 1954

3 Cyclohaxane 28 89 Flixborough, UK, 1974

4 Propylene 14 107 Beek, Netherlands, 1975

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TOXIC RELEASE

Sr.


Death

Injury Place & Year

1 Phosgene 10 - Poza Rica, Mexico, 1950

2 Chlorine 7 - Germany, 1952

3 Ammonia 30 25 Colombia, 1977

4 Methyl Isocyanite

2000 200000

Bhopal, India, 1984

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The United Kingdom adopted one Regulation which Came in to force in 1985 named as Control of IndustrialMajor Accidents Hazardous (CIMAH) Regulation 1984which covers 178 substances and 3 classes of inflammablesubstances.

For the first time, the focus of protection was made comprehensive to include community, environment and property instead of the earlier narrow focus only on the employees.

In India, however, the MAH remained an unknownconcept till the Bhopal disaster.

CIMAH Regulations

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Bhopal Disaster – An eye opening eventIt was this event which brought home the unprecedentedscale of disaster potential of a hazchem incident in termsof loss of life, health injury and evacuation needed andcreated a compelling evidence to apply a holistic DisasterManagement approach to chemical safety.

Adhoc Hazchem Expert Committees were setup by most of the states having MAH units.

Awareness Seminars were conducted at nationalState and local levels.

Legislation : The Central Government appointed Varadrajan Committee then after Government of India enacted/ammended important three legislations for MAH installations.

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Acts/Rules applicable to MAH factories.

1. The Factories (Amendment) Act, 1948 and

its amendment of 1987.

2. The Manufacture, Storage and Import of

Hazardous Chemicals Rules, 1989

3. Chemical Accidents (Emergency Planning,

Preparedness and Response) Rules,1996.

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What is MAH?

As per Manufacture, Storage and Import of Hazardous

Chemicals Rules, 1989 and

Rule 68-J of Gujarat Factories (Amendment) Rules, 1995

Definition:

“major accident hazards (MAH) installations” means isolated

storage and industrial activity at a site handling (including

transport through carrier or pipeline) of hazardous chemicals

equal to, or in excess of the threshold quantities specified in

COLUMN 3 OF SCHEDULE 2 and SCHEDULE 3

respectively;

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Major accident:

“Major accident” means an incident involving loss of

life inside or outside the site or ten or more injuries

inside and/or one or more injuries outside or release of

toxic chemical or explosion or fire of spillage of

hazardous chemical resulting in ‘on-site’ or ‘off-site’

emergencies or damage to equipments leading to

stoppage of process or adverse effects to the

environment.

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Criteria for MAH

MAHINSTALLATION

Industrial activityas defined under Rule 2h (i), (ii),and (iii)

Use of Hazardous Chemical, which

1. Satisfies the criteria laid down in Column 2 of Schedule 2, or

2. Is listed in Column 2 of Schedule 3

Threshold quantities equal toor in excess of those specified in column 3 of Schedules 2 and 3

As per MSIHC Rules, 1989

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Industrial Activity

An operation or process carried out in an industrial

installation referred to in Schedule–4 of MSIHC Rules

1989. involving or likely to involve one or more hazardous

chemicals and includes on-site storage or on-site transport

which is associated with that operation or process, as the

case may be; or

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Isolated storage;

“Isolated Storage” means storage of a hazardous

chemical, other than storage associated with an

installation on the same site specified in Schedule 4

where that storage involves at least the quantities of that

chemical set out in Schedule-2.

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Pipeline :-

“pipeline” means a pipe (together with any apparatus and

works associated therewith) or system of pipes (together

with any apparatus and works associated therewith) for the

conveyance of a hazardous chemical other than a

flammable gas as set out in Part-II of schedule-3 of MSIHC

Rules 1989 at a pressure of less than eight bars absolute; the

pipeline also includes inter-State pipelines;

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Hazardous Chemical

Any chemical which satisfies any of the criteria laid

down

in column-2 of SCHEDULE 2. and SCHEDULE 3 of

MSIHC Rules.

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Threshold Quantity

In the case of a hazardous chemical specified in

column 2 of Schedule-2, the quantity of that chemical

specified in the corresponding entry in column 3 and 4.

In the case of a hazardous chemical specified in

column of 2 of Part I of Schedule-3, the quantity of that

chemical specified in the corresponding entry in column 3

and 4 of the Part; the case of substances of a class specified

in column 2 of Part-II of Schedule- 3 , the total quantity of

all substances of that class specified in the corresponding

entry in columns -3 and 4 of that Part of MSIHC Rules

1989.

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Sr. No.

SubjectSection /

RuleContents

1. Appointment of safety officer

Sec-40-B One Safety Officer shall be employed by MAH Installation wherein 100 for more workers are ordinarily employed (Labour & Employment Department Notification dated 28-05-04 No. KHR-2003-57-FAC-2003-2872-M(3)

IMPORTANT PROVISIONS RELATED TO MAH FACTORIESUNDER THE FACTORIES ACT, 1948

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SubjectSection /

RuleContents

2. Disclosure of Information to Workers, General Public and Authority

Sec 41-B, Rule 68-K, Rule 68-L, Rule 68-M, Rule 68-P, Sec 41-C, 41-H

The booklets, leaflets, and the notices displayed shall be prepared in the language understood by the majority of the workers,Containing physical and health hazards, measures taken by the occupier, measures to be taken by the workers. Disclosure of Information to DISH regarding nature and details of process. Local Authority, to General Public.


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Sr. No. Subject

Section / Rule

Contents

3. Declaration of Health & Safety Policy

(2)(a), Rule 12-C, (or Rule 68-O)

A. Policy shall deal with - declaration & commitment for comp. of all the

relevant safety & environment laws.- Assigning the responsibility at diff. level to make

policy effective.B. Policy shall specify regarding- Involvement of worker, safety performance while

considering carrier advancement, fixing responsibility of cont. & sub cont., providing resume in annual report, independent safety audit and comp. Priority of safety in all decisions

C. Policy shall be signed by occupier and published to all concern.


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SubjectSection /

RuleContents

4. Safety Committee

Sec 41-G, Rule 68-Y, 68-F

Set up a Safety Committee consisting of equal number of representative of workers and management to promote safety between the workers and the management to maintain proper Safety & Health at work place. The tenure will be two years & meeting shall be conducted at least once in every quarter & the minute of the meeting shall be recorded. Occupier to review periodically the measures taken safety committee recommendation.


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Sr. No.

Subject Section / Rule Contents

5. On-Site Emergency Plan

Sec 41-B(4),

Rule 68-J(12)

To draw up a detailed disaster control management plan and make known to the workers and general public living in the vicinity of the factory & keep up-to-date. The emergency plan shall be prepared as guide lines issued by the Director,Industrial Safety and Health. (Chief Inspector of Factories). Rehearsal of the emergency plan once in six months.


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6. Medical Examination of every Worker

Sec 41-C,

Rule 68-T,

Rule 68-R,

68-U,

-To provide pre employment and periodical medical examination of all workers (including contractor) to ascertain physical fitness.- To maintain accurate and up to date health records.-Health records shall be accessible to the worker and supply on demand.- Keep the health record up to 40 years from the date of appointment and up to 15 years after retirement which ever is later


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7. To maintain permissible limits of exposure of Chemical / Toxic Substance

Sec 41-F,

IInd

Schedule,

Rule 12-B,

The maximum permissible threshold limits of exposure of chemical and toxic substance shall not be exceeded the value indicated in the second schedule & monitoring of work-environment shall be maintained in prescribed Form No. 37.


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Sr. No.

SubjectSection /

RuleContents

8. Material Safety Data Sheets (M.S.D.S.) of Chemicals

Sec 41-B,

41-C,

Rule 68-J (2),

Schedule-5,

Rule 68-Q

To develop detailed information like chemical identity, physical and chemical data, fire and explosion hazards, reactivity, health hazard including preventive measures, emergency and first aid measures on hazardous chemical in the form of a Material Safety Data Sheets specified in Schedule-5. The information shall be up-to-date and it shall be accessible to authority and workers upon request for reference to him.


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9. Training to Workers (including Contractor’s Workers)

Sec 41-G,

41-B,

The arrangement of training related with Health & Safety at work shall be made.


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10. Appointment of Qualified and Experienced Supervisor

Sec 41-C (b),

Rule 68-S

To appoint Qualified & Experienced Person as prescribed under Rule 68-S. Qualification and experience are as under

Diploma in Chemical Engg. Or B.Sc.(Chemistry) with 5 years or M.Sc. (Chemistry) or B. E. (Chemical) with 2 years of experience.


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11. Safety Reports / Risk Assessment / Safety Audit

41-B (5),

68-J (a),

Schedule-8

The nature and details of the process in the Schedule-8 shall be submitted to the Chief Inspector within the period of Thirty Days before the Commencement of the process.


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Sr. No.

SubjectSection /

RuleContents

12. Occupational Health Centre & Factory Medical Officer

Sec. 41-C,

68-U

The Occupier has to provide and maintain Occupational Health Centre in good order up to 50 workers on retainer basis, 51 to 200 part time FMO above 200 full time FMO with minimum 15 sqm area for OHCThe Factory Medical Officer shall be appointed as possesses degree as per Indian Medical Degrees Act of 1916 or Indian Medical Council Act 1956 and posses a certificate of Training in Industrial Health of minimum Three Months duration recognized by the State Government.


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13. Right of Workers to warn about imminent danger

Sec. 41-H Workers has the right to bring to notice of the management and inspector where he has reasonable apprehension of IDLH condition.

The person responsible will take action if he finds it necessary.


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IMPORTANT PROVISIONS RELATED TO MAH FACTORIESManufacture, Storage and Import of Hazardous

Chemical Rule-1989

Rules 4,5,7 to 9 and Rules 13 to 15 shall apply

Quantity=Threshold

Col 3

Rules 10 to 12 shall apply

Quantity=Threshold

Col 4

+

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R-4 : General responsibility of the occupier during industrial activity

R-10 : Safety reports and Safety audit reports.

R-5 : Notification of major accident R-11 : Updating of reports under rule 10

R-7 : Approval and Notification of sites

R-12 : Requirement for further information to be sent to the authority

R-8 : Updating of the site notification following changes in the threshold quantity

R-9 : Transitional provisions

R-13 : Preparation of on-site emergency plan by the occupier

R-14 : Preparation of off-site emergency plans by the authority

R-15: Information to be given to persons liable to be affected by a major accident

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3.1 General responsibility of the occupier during industrial activity(Rule-4)1. This rules shall apply to,-a) an industrial activity in which a hazardous chemical, satisfies any of the

criteria laid down in Part-I of Schedules-1 and is listed in Column -2 of Part-II of this Schedule is or may be involved; and

b) isolated storage in which there is involved a threshold quantity of a hazardous chemical listed in Schedule-2 in column-2 which is equal to or more than the threshold quantity specified in the Schedule for that chemical for that chemical in Column-3 thereof.

2. An occupier who has control of an industrial activity in terms of sub-

rule(1) shall provide evidence to show that he has:- a) identified the major accident hazards; and b) taken adequate steps to:-(i) Prevent such major accidents and to limited their consequences to

persons and the environment;(ii) Provide to the persons working on the site with the information, training

and equipment including antidotes necessary to ensure their safety.

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3.2 Notification of Major Accident (Rule-5)

Report within 48 hrs.

Further details, if necessary, in stagewise.

DISH will ensure full analysis of major accident.

DISH will then send the requisite information to the state

crisis authority.

Occupier to inform to DISH, the steps taken to avoid

recurrence.

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3.3 Notification of sites (Rule -7)

Prior permission from the concerned authority.

Report containing the specified particulars to be submitted at

least three months before the commencement.

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3.4 Updating of the site notification following changes in the threshold quality. (Rule -8)

In case of any change for increase or decrease in maximum

threshold quantity of a hazardous chemical, the occupier has

to send forth with information to concern authorities.

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3.5 Transitional provision(Rule -9)

a) An occupier associated with existing industrial activity has

to report about his activity to authority under rule 7(1).

b) Those occupiers who start their industrial activity after

commencement of these rules, shall in form about their

activities to authority within 6 month.

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3.6 Preparation of On-Site Emergency Plan by the Occupier (Rule-13)

Prepare and keep up to date a plan how a major accident will

be dealt with.

Every person to be affected by the plan is informed of its

relevant provisions.

Mock drill of the plan every six months.

Report of mock drill to be made immediately available to

DISH.

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3.7 Preparation of Off-site emergency plan by the Authority(Rule-14)

It is the duty of the concerned authority mentioned in

column 2 of schedule V.

Occupier to provide all the required information.

Rehearsal at least once in a year.

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3.8 Information to be given to persons liable to be affected by a major accident(Rule -15)

Inform persons outside the site who are likely to be in an

area which may be affected by the major accident.

Nature of the major accident.

Safety measures and the ‘Do’s and ‘Don’ts ’ in the event

of a major accident.

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3.9 Safety Reports(Rule -10) Safety report to be submitted to DISH at least 90 days before undertaking the activity. Safety report should give information regarding, i) description of the industrial activity and the process, ii) preliminary hazard analysis, iii) hazard assessment, iv) organizational system to carry on the activity safely, assessment of the consequences of a major accident and vi) mitigation of a major accident. Getting an independent safety audit done. Occupier to submit a copy of audit report with his comments to DISH within 30 days of completion of the audit. Updating of safety audit through a fresh safety audit every year and submission of report to DISH in the above manner.

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3.10 Updating of reports under(Rule-11)

1) Occupier is instructed not to make any change in

industrial

activity to which the safety report relates, unless he has

made a further report with the modification and send a

copy to concern authority at least 90 days before

making

such modification.

2) If there is no change in industrial activity even though,

the

occupier has to make a latest report after three years

with

new technical knowledge and shall send within 30

days, a

copy of the report to concern authority.

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Requirement for further information to be sent to the authority(Rule-12)

Concern authority may serve notice on occupier require him

to provide such additional information as may be specified

in his notice, and occupier shall send that information to

concern authority with in 90 days.

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3. LEGAL ASPECTS UNDER CHEMICAL ACCIDENTS RULES - 1996.

In exercise of the powers conferred by section 6,

8 and 25 of the Environment (protection) Act, 1986 (Act

No.29 of 1986) the central government hereby makes

the rules on 1 st Aug 1996 known as Chemical

Accidents (Emergency Planning, Preparedness and

response) Rules - 1996.

IMPORTANT PROVISIONS RELATED TO MAH FACTORIES

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Under Rule - 3

CENTRAL CRISIS GROUP

The Central Government shall constitute a Central Crisis Group for management of Chemical Accidents and set up a Crisis Alert System in accordance with the provisions of Rule-4. The CCG shall meet at least once in six months the function of CCG are as under

1. CCG shall be the apex body to deal with major chemical accidents and provide expert guidance.

2. Continuously monitor the post accident situation and suggest measures for prevention of such accidents.

3. Conduct post accident analysis of such major chemical accidents and evaluate response.

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4. Review district off site emergency plan with a view to examine its adequacy.

5. Review the progress report submitted by state crisis group.

6. Response to queries addressed by state crisis group and district crisis group.

7. Publish a state wise list of experts and officers who are concerned with the handling of chemical accidents.

8. Render all financial and infrastructure help to state in the event of chemical accident.

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The composition of The Central Crisis Group as per schedule-V is as under

Chairman - Secretary, Govt. of India (Ministry of Environment & Forests)

Member Secretary - Joint Secretary / Advisor (Environment & Forests)Members –Additional Secretary (Ministry of Environment & Forests)– Joint Secretary (Labour)

– Joint Secretary / Advisor (Chemical & Petrochemical) – Director General, Civil Defence – Fire Advisor, Directorate General Civil Defence.

– Chief Controller of Explosive. – Joint Secretary (Dept. of Industries)

– Director General, Indian Council of Medical Research. – Joint Secretary (Health) – Chairman, Central Pollution Control Board.

– Director General, Indian Council of Agriculture Research.

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Members – Four Experts (Industrial Safety & Health) – Joint Secretary (Fertilizer) – Director General (Telecom) – Two Representatives of Industries to be nominated by the Central Govt. – Joint Secretary (Surface Transport) – General Manager (Rail Safety) – Advisor, Center for Environment and Explosive Safety. – One Representative of Indian Chemical – Manufacturers Association to be nominated by the Central Government. – Joint Secretary, Ministry of Oil and Natural Gas. – Director General, Factory Advice Service & Labour Instit. – Director General, National Safety Council, Mumbai

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Under Rule: 6

THE STATE CRISIS GROUP.

The State Government shall constitute a state crisis group for management of Chemical Accidents. The state crisis group shall meet at least once in three month. The functions of the state crisis group are as under

1. SCG shall be the apex body in the state to deal with major chemical accident and to provide expert guidance.

2. Review all district off site emergency plans in the state with a view to examine its adequacy and

report to CCG.

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3. Assist the state government in managing chemical accidents.

4. Assist state government in the planning, preparedness and mitigation of major chemical accidents in the state.

5. Continuously monitor the post accident situation and report to CCG.

6. Review progress report submitted by the DCG.

7. Respond to queries from DCG.

8. Publish a list of experts and officials in the state who are concerned with management of chemical

accidents.

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The composition of The State Crisis Group as per schedule-VI is as under

Chairman - Chief Secretary

Member Secretary - Secretary (Labour)

Members - Secretary (Environment)

- Secretary (Health)

- Secretary (Industries)

- Secretary (Public Health Engineering)

- Chairman State Pollution Control Board/ Pollution control committee in case of union territories.

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- Four Experts (Industrial Safety & Health) to be nominated by the state Government.

- Secretary / Commissioner (Transport)

- Director (Industrial Safety) / Chief Inspector of Factories

- Fire Chief

- Commissioner of Police

- One Representative of Industry to be nominated by the State Government

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Under Rule: 8

THE DISTRICT AND LOCAL CRISIS GROUP

State Government shall constitute

(a) District Crisis Groups

(b) Local Crisis Groups

(A) THE DISTRICT CRISIS GROUP

The District Crisis group shall be the apex body in the district and shall meet once in 45 days and send a report SCG. The functions of DCG are as under.

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1. The DCG shall be the apex body in the district to deal with major chemical accidents & provide expert guidance.2. Assist in preparation of District off site emergency

plan.3. Review all the on site emergency prepared by MAH units.4. Assist district administration in the management of

chemical accidents.5. Continuously monitor every chemical accidents.6. Report to SCG for chemical accidents and mitigation reports.7. Conduct mock drill once in a year.

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The composition of The District Crisis Group as per schedule VII is as under

Chairman - District collector

Member Secretary - Inspector of Factories

Members - District Energy Officer

- Chief Fire Officer

- District Information Officer

- Controller of Explosives

- Chief, Civil Defence

- One Representative of Trade Unions to be nominated by the District Collector

- Deputy Superintendent of Police

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- District Health Officer/Chief Medical Officer

- Commissioner, Municipal Corporations

- Representative of the Department of Public Health Engineer

- Representative of Pollution Control Board

- District Agriculture Officer

- 4 Experts (Industrial Safety & Health) to be nominated by the District Collector

- Commissioner (Transport)

- One Representative of Industry to be nominated by the District Collector

- Chairperson/Member-Secretary of Local Crisis Groups

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(B) THE LOCAL CRISIS GROUP

The LCG shall be the body in the industrial pocket to deal with chemical accidents and co-ordinate efforts in planning, preparedness and mitigation of chemical accidents. The functions of the LCG are as under.1. Prepare local emergency plan for the industrial pocket.2. Ensure dovetailing of the local emergency plan

with district off site emergency plan.3. Train personal involved in chemical accident management.4. Educate the population likely to be affected.5. Conduct one mock drill once in six month.6. Respond to all public queries on the subject.

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The composition of LCG as per schedule VIII as under

Chairman - Sub-divisional Magistrate/District Emergency Authority

Member Secretary - Inspector of FactoriesMembers – Industries officer in the District/Industrial

area/Industrial pocket.– Transporters of Hazardous Chemicals (2 numbers)– Fire Officer– Station House Officer (Police)– Block Development Officer– One representative of Civil Defense

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– Primary Health Officer

– Editor of local news paper

– Community leader / Sarpanch / Village Pradhan nominated by Chairperson

– One representative of Non-government organization to be nominated by the chairperson.

– Two Doctors eminent in the local area, to be nominated by chairperson

– Two social workers to be nominated by the chairperson.

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THE GUJARAT STATE DISASTERMANAGEMENT ACT, 2003.

Introduction

To provide for effective management of disaster, for

mitigation of effects of disaster, for administrating, facilitating,

coordinating and monitoring emergency relief during and after

occurrence of disasters and for implementing, monitoring and

coordinating measures for reconstruction and rehabilitation in

the aftermath of disasters, in the State of Gujarat and for these

purposes to establish the Gujarat State Disaster Management

Authority and to specify other agencies and for matters

connected therewith or incidental thereto.

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Constitution of the Authority.

Function of the Authority.

Function of CEO.

Function of State Relief Commissioner

Function of Collector

Function of Local Authority

Duties of Police Force, Gram Rakshak Dal, Homeguard, Civil

defence, Fire Service

Duties of Communities.

Declaration of Area as Disaster Proven Area

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PUBLIC LIABILITY INSURANCE ACT

District Collector is Chairman Factory covered under MAH has to pay

annual premium. Covers property loss of surroundings and

public in the vicinity.

mah_gsc1

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