The Hindu : Kerala / Kochi News : Criminal action against HIL recommended

Online edition of India's National Newspaper
Monday, Aug 02, 2004

Kerala

Kerala - Kochi

Criminal action against HIL recommended

By G. Krishnakumar

KOCHI, AUG. 1. A fact-finding team comprising members of the Thiruvananthapuram- based NGO, `Thanal', and New Delhi-based `The Other Media' that inquired into the fire at the Hindustan Insecticides Limited (HIL) at Eloor on July 6 has recommended criminal action against the company for its failure to take adequate steps to prevent the fire.

The team has given this recommendation in its report prepared on the basis of the inquiry conducted into the incidents leading up to and following the industrial fire at HIL.

The team has recommended that the senior executives of the company be should charged with negligence for having failed to take adequate steps to prevent the fire.

"Criminal action should be taken against the occupier and manager under section 92 of the Factories Act for violating the provisions of the Act," the report says.

The fact-finding team conducted their inspection on July 7 and 8.

Central probe

The team has recommended that the Central Government conduct a formal inquiry into the "causes of the accident". The report has suggested that one or more persons possessing legal or special knowledge as assessors should be included in the inquiry team.

The team has criticised the district administration, the Kerala State Pollution Control Board (PCB), Factories Inspectorate and the Controller of Explosives for their failure in preventing the disaster.

The response of the district administration and regulatory authorities in dealing with medical emergency caused by the fire was ad hoc and uninformed.

The district administration along with the authorities concerned and community groups should establish a system for long-term health monitoring, diseases surveillance and treatment of people in the impact zone of the HIL smoke plume.

"Fire-fighters, Police personnel and HIL staff exposed to the fire should undergo a complete medical examination. They should be monitored on a long-term basis and provided with specialised health care. The company should be directed to compensate those affected, whether directly or indirectly, by the fire," says the report.

The PCB should submit a report on pollution control measures and evolve short-term and long-term environmental monitoring plans. The HIL should bear the cost for preparing the report on pollution control measures.

The Factories Inspectorate should be asked to submit a report on steps taken to assess the adequacy of safety systems at HIL, the report says.

Explain failure

The team has asked the district administration to explain why it failed in preparing people for an appropriate response in the event of such emergencies. The report has pointed out that companies should be asked to disclose onsite and offsite emergency plans for the safety of workers and members of the public within a timeframe.

The district administration should prepare a comprehensive disaster response plan to react to such disasters. It should include components dealing with mass evacuation, disaster containment, emergency environmental response, emergency medical response and short and long term medical and environmental monitoring and rehabilitation.

"The Pollution Control Board should develop a comprehensive environmental remediation plan for Eloor and the River Periyar."

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