Under Indian environmental law, specifically the Environment (Protection) Act, 1986, the definition of hazardous substances is broad and focused on the risk they pose to all living organisms and the physical environment.
1. Definition of Hazardous Substances
According to Section 2(e) of the Environment (Protection) Act, 1986:
"Hazardous substance" means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organisms, property or the environment.
This definition is functional rather than purely descriptive. It focuses on the potential for harm rather than a specific list of chemicals, allowing the law to adapt as new industrial substances are created.
2. Precautions Before Handling Hazardous Substances
The Central Government has laid down strict protocols under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules and the Manufacture, Storage and Import of Hazardous Chemical Rules.
A. Identification and Labeling
Before any handling occurs, the substance must be correctly identified.
Material Safety Data Sheets (MSDS): Every handler must have access to an MSDS, which outlines the chemical's properties, health hazards, and emergency procedures.
Color-Coded Labeling: Containers must be labeled with standardized symbols (e.g., skulls for toxins, flames for flammables) to ensure immediate recognition of the danger type.
B. Storage Precautions
Segregation: Incompatible chemicals (like acids and bases) must be stored separately to prevent accidental reactions.
Secondary Containment: Storage areas must have "bunding" (a low wall or tray) to catch any leaks or spills before they reach the ground or water supply.
Ventilation: Areas must be well-ventilated to prevent the buildup of toxic or explosive vapors.
C. Personal Protective Equipment (PPE)
Handlers must be equipped with appropriate gear based on the substance's specific risk:
Respiratory protection: Gas masks or self-contained breathing apparatus.
Dermal protection: Chemical-resistant gloves, aprons, and boots.
Eye protection: Goggles or full-face shields.
D. Emergency Preparedness
On-site Emergency Plan: Every occupier of a hazardous facility must prepare a detailed plan for handling spills, fires, or explosions.
Training: Workers must undergo regular drills and training on how to use spill kits, fire extinguishers, and emergency showers/eye-wash stations.
First Aid: Specialized medical antidotes or neutralizers must be kept on-site if applicable to the chemicals used.
E. Legal and Administrative Precautions
Authorisation: No person can handle hazardous waste without obtaining a valid authorization from the State Pollution Control Board (SPCB).
Reporting: Any accident involving hazardous substances must be reported to the authorities immediately.
Packaging for Transit: During transport, hazardous substances must be packaged to withstand the stresses of the journey and marked with the "TREMCARD" (Transport Emergency Card) containing instructions for the driver and emergency responders.
3. The "Cradle-to-Grave" Responsibility
The law follows the principle that the person handling the hazardous substance is responsible for it from its inception to its ultimate disposal. This prevents "fly-tipping" or illegal dumping, as the handler must prove that the substance was disposed of at a government-authorized treatment and disposal facility.
No comments:
Post a Comment