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
DISASTER


Defined in the Disaster Management Act, 2005
as:
“A catastrophe, mishap, calamity or grave
occurrence in any area, arising from natural or
man-made causes, leading to accidents, and
resulting in substantial loss of life or human
suffering or damage to, and destruction of
property, or damage to, or degradation of
environment, and is of such a nature and / or
magnitude as to be beyond the coping capacity
of the community of affected area”
Types of Disasters


Natural (Flood, severe weather, Tsunami,
earthquakes, cyclones, etc)
Man-made (Fire, civil disturbance, explosion,
toxic release, chemical spill, etc)
Factors contributing to Industrial
disasters




Storage of flammable, explosive or toxic
chemicals including radio active materials
Uncontrollled release of unreacted chemicals,
chemical reaction products, or energy from a
chemical reaction
The presence of people in the proximity to result
in exposure
Exposure sufficient to cause serious injury or
death
Chemical Accident

Accident involving a fortuitous or sudden or
unintended occurrence while handling any
hazardous chemicals resulting in continuous,
intermittent or repeated exposure to death or
injury to any person or damage to any property
MAJOR ACCIDENT
An 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
disasters

Flixborough, Nypro UK (1st June. 1974)
Chemical released was cyclohexane due to which 28
persons died, 36 were injured. The plant was completely
demolished and over 1821 houses and 167 factories
suffered tremendous losses.

Seveso, Italy (10th 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 (3rd December,
1984)

Methyl Iso cynate (MIC) was released
which resulted in the death of over 2500
persons and injured about 1,00,000
persons. Even today we here of people
suffering due to after affects of the
hazchem. Large scale evacuation of
people and relief and rehabilation was
taken up.
Sources of chemical emergencies
• Manufacturing,
maintenances and
disposal
• Handling and storage
facilities
• Transportation
Emergencies




Fire
Explosion
Toxic Release
Combination of
the above
Types of Emergencies


Onsite
Emergency
Offsite
Emergency
ONSITE EMERGENCY

If the consequences of emergency are limited
to the four walls of the industrial activity

Management shall prepare the plan

The plan has to be rehearsed
OFFSITE EMERGENCY




If the consequences of emergency exceeds the
four walls of the industrial activity
Involvement of District Administration in
saving the life and property
Coordination of various department and
organisations
Preparation of Offsite Emergency Plan
Legislations related to Chemical
Emergency Management






Environment Protection Act, 1986
Factories Act, 1948 as amended in 1987
Manufacture, Storage and Import of Hazardous
Chemicals rules, 1989 as amended in 1994 and
2000
Public Liability Insurance Act, 1991 and Rules
Chemical Accidents (Emergency Planning,
Preparedness and Response Rules) 1996
Central Motor Vehicles Rules, 1989 as amended
in1993
Legislations related to Chemical
Emergency Management






Hazardous Wastes (Management and Handling)
Rules, 1989 as amended in 2000 and 2003
The Explosives Act, 1884
The Explosive Rules, 2008
The Static and Mobile Pressure Vessels
(Unfired) Rules,1981 as amended in 1993, 2000
& 2002
The Gas Cylinders Rules, 2004
The Petroleum Act, 1934 & The Petroleum Rules,
2002
Legislations implemented by the
Factories department




Factories Act 1948
MSIHC Rules, 1989
CA(EPPR)Rules,1996
DM Act, 2005
Factories Amendment Act 1948





Main Objectives:
To provide safeguards to be adopted in using
and hazardous substances
To lay down emergency standards and
measures
To lay down procedures for siting of hazardous
industries and
To ensure workers participation in safety
management
Provisions relating to hazardous
processes-Chapter-IV




Section 41-A
Constitution of Site Appraisal Committee
SAC to consider application only afte
clearance by the MOI and MOEF
For initial location as also for expansion
Factories Act 1948- Hazardous
Processes – Sec 41 B and F

Compulsory disclosure of information




Dangers, health hazards, measures to overcome the
same
To Chief Inspector of Factories and Local
authorities
Preparation of on-site Emergency Plan
Permissible Limits of exposure of Chemicals is
prescribed – third schedule






Section 41C:
Specific responsibility of the Occupier in
relation to hazardous process
Persons with qualifications and experience to
supervise hazardous operations
Section 41 G:
Workers Participation in safety management
Safety Committees
Factories Act- Chemical Works–
Schedule XV


Chemical Works – Schedule XV is introduced
under Dangerous operations
This schedule requires





Identification of hazards
Remedial measures
Identification of Emergencies
Preparation of Emergency Plan
Practicing of Plan once in 3 months
Hazardous Operations

Hazard Analysis and Risk Assessment

Identification of Hazards





Production, Maintenance
Risk Mitigation Measures
Documentation of the same
Submission to statutory authorities
Onsite emergency Plan





Identification of emergencies
Planning to meet the same
Documentation and submission
Rehearsing
Revising
Emergency Procedures

Identify possible emergencies






Course of work, maintenance work, repair work
Review of emergencies every year
Formulate a detailed plan to meet emergencies
Information to all the concerned
Evacuation procedure
Alternate power supply arrangement
Emergency Procedures




Training of employees
Rehearsal of the plan
10 % of workers shall be trained in first aid
and fire fighting
Information 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 INSTALLATIONS
Isolated Storages
 Industrial activities
 Hazardous chemicals 431/684
 Inventory exceeding the threshold quantity
In column 3 of Schedule 2 and 3

Responsibilities of MAH Installations





Preparation of onsite emergency plan
Notification of major accident
Preparation of safety reports and safety audit
reports
Conducting mock drills to test the onsite
emergency plan
Aid, assist and facilitate functioning of District
Crisis 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 Group

Central Crisis Group

State Crisis Group

District Crisis Group

Local 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 DCG







Apex body in the district to deal with major chemical
accidents
To provide expert guidance for handling chemical accidents.
Assist in the preparation of the off-site emergency plan
Review all the on-site emergency plans
Assist the district administration in the management of
chemical accidents
Continuously monitor every chemical accident
Ensure continuous information flow from the district to the
Central 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.