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Section 4: General responsibility of the occupier during industrial activity

The Manufacture, Storage and Import of Hazardous Chemicals Rules 1989Central Rules · 1986

(1) This rules shall apply to,—

(a) an industrial activitv in which a hazardous chemical, which satisfies any of the criteria laid down in Part I of Schedule 1 and is listed in Column Z 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 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 limit 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.

5. Notification of Major accident,— (1) Where a major accident occurs on a site, the occupier shall forthwith notify the concerned authority as identified in Schedule 5 of that accident, and furnish thereafter to the concerned authority a report relating to the accidents in instalments, if necessary, in Schedule 6.

(2) The concerned authority shall on receipt of the report in accordance with sub-rule 1 of this rule, shall undertake a full analysis of the major accident and send the requisite information to the Ministry of Environment and Forests through appropriate channel.

(3) Where an occupier has notified a major accident to the concerned authority under respective legislation, he shall be deemed to have complied with the requirements as per sub-rule 1 of this rule.

G. Industrial activity to which rules 7 to 15 apply.—

(1) Rules 7 to 15 shall apply t o -

(a) an industrial activity in which there _ is involved a quantity of a hazardous chemical listed in Column 2 of Schedule S which is equal to or more than the quantity specified in the entry for that chemical in Columns 3 & 4 (Rules 10-12 only for Column 4) and

(b) isolated storage in which there is involved a quantity of a hazardous chemical listed in Column 2 of Schedule 2 which is equal to or more than the quantity specified in the entry for that chemical in Column A.

(2) For the purposes of rules 7 to 15,—

(a) "new industrial activity" means an industrial activity which—

(i) commences after the date of coming into operation of these rules; or

(ii) if commenced before that date, is an industrial activity in which a modification has been made which is likelv to cover major accident hazards, and that activitv shall be deemed to have commenced on the date on which the modification was made ;

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(b) an "existing industrial activity"' means an industrial activity which is not a new industrial activity.

Where this provision sits

ActThe Manufacture, Storage and Import of Hazardous Chemicals Rules 1989
Section4
Marginal noteGeneral responsibility of the occupier during industrial activity
JurisdictionCentral
StatusIn force as published by the source

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