FAQ

Major Accident Hazard



Q.        What is Hazard Operability Study?

A.        The application of a formal systematic critical examination to the process and engineering intentions of new or exiting facilities to assess the hazard potential of mal-operation or mal-function of individual items of equipments and their consequential effects on the facility as a whole.

Q.        What are source models?

A.        Source models represent the material release process. They provide useful information for determining the consequences of and accident, including the rate of material release, the total quantity released and the physical state of the material.

Q.        What are dispersion models?

A.        Dispersion models describe the airborne transport of toxic/inflammable materials away from the accident site and into the plant and community.

Q.        What is explosion?

A.        The uncontrolled release of energy from a flame front propagating through flammable medium and characterized by the generation of heat, light and pressure.

Q.        What is Risk?

A.        Risk is defined as a measure of economic loss or human injury in terms of both the likelihood and the magnitude of the loss or injury.

Q.        What is risk assessment?

A.        Risk assessment includes accident scenario identification and consequence analysis. Scenario identification describes how an accident occurs. It frequently includes and analysis. of the probabilities. Consequence analysis describes the damage expected. This includes lose of life, damage to the environment or capital equipments and days outage.
Q.        What are Occupational Safety and Health Audit?

A.         A systematic, objective and documented evaluation of the occupational safety and health systems and procedures.

Q.        What is Occupational safety and health management system?

A.        A part of the overall management system that facilitates the management of OSH and risks associated with business of the organization.

Q.        What is Maximum credible Loss Scenario (MCLS) study?

A.        MCLS is described as the worst   “credible” accident

 

Manufacture, Storage and import of Hazardous Chemical (MSIHC) Rules, 1989



Q.    Which types of industrial activities are covered under the MSIHC Rules?

A.    The following activities are covered under MSIHC
(a)    An operation or process listed in Schedule 4 carried out in an industrial installation involving one or more hazardous chemicals
(b)    An isolated storage involving one or more hazardous chemicals listed in Schedule 2, and
(c)    Pipeline for conveyance of a hazardous chemical other than the flammable gas at a pressure of less than 8 bars absolute
     
Q.    Which chemicals are covered under MSIHC Rules?

A.    The chemicals fulfilling the criteria given in part I and/or listed in part II  of Schedule I and chemicals listed in Schedule 2and 3 are covered under MSHIC Rules

Q.    How does and occupier know that which provisions/rules are applicable to his factory?

A.    If one of the operations or processes listed in Schedule 4 is carried out in a factory involving one or more hazardous chemicals, an occupier has to first ascertain the category to which his factory belong i.e. whether the factory comes under lower-tier, middle- tier or higher-tier because the requirements/ provisions are different for different categories of factories .

Q.    Which are the three categories of factories?

A.    The three categories of factories are given below :

Lower –tier Factory

Factories wherein an operation/process given in Schedule 4 is carried out involving one or more chemicals which satisfies any of the criteria laid down in part I of Schedule I and/or listed in Column 2of part II of Schedule I irrespective of quantity of hazardous chemicals stored inside the factory, fall under this category.

Middle-tier Factory

Factories wherein and operation/process given in Schedule 4 is carried out involving one or more chemicals in quantities equal to or more than the quantity given in Column 3 of Schedule, 2 fall under this category

Higher- tier Factory

Factories wherein an operation/process given in Schedule 4 is carried out involving one or more chemicals in quantities equal to or more than the quantity given in Column 4 of Schedule 2, fall under the category.

Q.    Which are the specific rules to be complied with for different categories of factories?
 
A.        Category        Provisions/Rules of MSIHC applicable
       
        Lower-tier        4, 5 and 17
        Middle-tier        4, 5, 6, 7, 8, 9, 13, 14, 15 & 17
        Higher-tier        4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15 & 17
       
Q.    What are the requirements under different rules?

   A.        Rule 4:        General Responsibility of the Occupier-
                    (i)    To identify major accident
                    (ii)    To prevent manor accident and
    (iii)    Provide the workers information, training and equipment
                     
Rule 5:    Notification of major accident in Schedule 6

Rule 6:    Industrial activity to which rules 7 to 15 apply

Rule 7:     Approval and notification of sites in Schedule 7
Rule 8:    Updation of notification following changes in T.Q.

Rule 9:    Transitional provisions

Rule 10:    Safety Reports / Safety Audit Reports with help of expert: Safety Reports in Schedule 8. Safety Audit every year

Rule 11:    Updating of reports under Rules 10

Rule 12:    Requirements for further information to be sent to the authority

Rule 13:    Preparation of on- site emergency plan by the occupier in Schedule 11 (i) Authority to ensure a rehearsal of the plan at least once in a calendar year

Rule 14:    Preparation of off-site emergency plan by the Authority in Schedule 12 (i) Authority to ensure a rehearsal of the plan at least once in a calendar year

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

Rule 17:    Collection, development and dissemination of information in Schedule 9

Q.    What constitutes a major accident OR what is the definition of major accident?

A.    An occupier of middle or higher-tier factory should submit a written report to the concerned authority i.e. the Chief Inspector of Factories of the State where the factory is located in Schedule 7 at least 3 months before the commencement of that activity.

Q.    Who should notify the major accident and to whom? What is the time limit for notifying major accident?
A.        An occupier shall notify the major accident within 48 hours to the concerned authority (the Chief Inspector of Factories in case of factory) and furnish thereafter a

Q.        How does an occupier know whether he has to prepare an on-site emergency plan?

A.        If the factory is middle or higher –tier factory, the occupier has to prepare on –site emergency plan.

Q.        What is the role of an occupier of a major accident hazard installation in preparation of off – site emergency plan?

A.        An occupier of a major accident hazard installation has to provide such information relating to industrial activity under his control to the concerned authority i.e. the District Emergency Authority/District Collector as may be required including the nature, extent and likely effects of site of possible major accident.

Q.        How often a mock drill/ rehearsal of on- site emergency plan should be done?

A.        The mock drill of the on- site emergency plan shall be conducted every 6 months

Q.        Who is responsible for conduct of mock drill of on – site emergency plan?

A.        An occupier is responsible for conduct of mock drills of on – site emergency plan

Q.        Who is responsible for organizing rehearsal of the off- site emergency plan and what is the frequency?

A.        The District Emergency Authority /District Collector are responsible for conduct of rehearsal of off- site emergency plan and the frequency is at least once in a calendar year.

Q.        Whether safety report and safety audit report are needed for every MAH installation OR how does and occupier know whether he has to get the safety report and the safety audit report prepared?
A.        No. It is not required for every MAH installation. The Safety Reports and Safety Audit Reports are required to be prepared by an occupier of higher-tier factories

Q.        What is the frequency of safety report and safety audit report?

A.        The Safety Report Shall be prepared in the prescribed format given in Schedule 8 at least 90 days before the commencement of the activity.  The Safety Audit should be carried out and the Safety Audit Report shall be updated once in a year.

Q.        What are the duties of the authorities?

A.        The duties of the authorities are:
       
(a)    Inspect the industrial activity at least once in a calendar year
(b)    Report on compliance of Rules by the occupiers to the Ministry of Environment and Forests, through appropriate channel annually
(c)    On receipt of report on major accident, undertake full analysis of the major accident and send requisite information within 90 days to MOE&F through appropriate channel.
(d)    Compile information regarding major accidents and make a available copy to MOE&F through appropriate channel
(e)    Inform in writing to occupier of any lacunae to be rectified to avoid major accidents
(f)    Approve the notification of sites within 60 days from the date of receipt. Report if notices contravention and issue improvement notice within 45 days of the receipt of the report
(g)    Prepare and keep up- to date off-site emergency plan and ensure that rehearsal of off-site plan is conducted once in a year.

 

Factories Act 1948



Q.    Do a hand driven lifting equipment need certification from competent person under article 29 of Factories Act?

A.    Section 29 of the Factories Act Deals with lifting machines and lifting tackles which are defined under explanation. In our opinion hand driven lifting equipment does not require certification.

Q.    Definition of “worker” under Factories Act 1948 & Maharashtra Factories Rules?

A.    Whether officers/executives are to be considered for calculation of the employment strength with regard to recruitment of Welfare officer Under the Act?

A.    Under the Factories Act, definition of “worker” is clearly given. For the purpose of calculation of employment strength, officers and executives etc. have to be taken into account.

Q.    Which types of establishments are covered under the Factories Act?

A.    The term “factory” is defined in Section 2 (m) of the Factories Act, 1948. It means that in any premises if 10 or more workers are engaged in a manufacturing process with aid of power or if 20 or more workers are engaged in the manufacturing process without aid of power such premises will be covered under the Factories, 1948.

Q.    Whether a child is allowed to work in a factory?

A.    The child below 14 years of age is not allowed to work in any factory.

Q.    Whether a woman is allowed to work in a factory?

A.    The women are allowed to work in any factory except between the hours of 7 pm to 6 am i.e. women are not allowed to work during night time. However, there are certain operations/processes, which are considered hazardous. In such operations/processes women are not allowed to work.

Q.    What are the weekly hours of work in a factory?

A.    No adult is allowed to work in a factory for more than 48 hours in any week.

Q.    What are the daily hours of work?

A.    No adult worker is allowed to work in a factory for more than 9 hors in any day.

Q.    Which authority enforces the Factories Act 1948?

A.    The Factories Act and the rules framed there under are enforced by respective states/UTs. Through the office of Chief Inspector of Factories under the Labour Department of the State Government/UTs.

Q.    Whether a place wherein a manufacturing process are carried out with or without the aid of power employing less than 10 or 20 workers respectively can be covered under the Factories Act ?

A.    The State Government is empowered to declare that al or any of the provisions of the Act shall apply to any place wherein manufacturing process carried out irrespective of number of workers employed therein.

Q.    Whether a workshop of a teaching institute employing more than 10 workers will be in a factory?

A.    The State Government may exempt with certain conditions, in workshops whether manufacturing processes are carried out for purposes of education, training, research or reformation from all or any of the provisions of this Act.

Q.    Whether the approval, licensing and registration of a factory are compulsory?

A.    Yes, It is compulsory. The approval, license and registration of a factory is compulsory before starting the manufacturing process.  The occupier of the factory should submit the plan to the Chief Inspector of the State for approval. After the approval, the licensee will be granted by the CIF and the factory will be registered.

Q.    What are the various provisions to be abided by the occupier of the factory?

A.    There are many provisions, which are to be strictly followed by the occupier. The details are available in a publication known as the Factories Act, 1948. There are 120 sections divided into 11 chapters, which can be referred for detailed information.