Who is responsible for safety?

After the last week verdict on Bhopal tragedy for fixing the responsibility, so many people in responsible positions commented about the verdict. The Factories Act 1948 amended after this 1984 accident fixes the responsibility for ensuring safety at the work place on the occupier as well as the manager. It also says (Sec 101) that if the occupier is able to prove that he has given full responsiblity and resources to others down below and that the accident occurred because of deeds of his subordinates without his knowledge, then the said person can be held responsible.

Someone commented that a car owner can't be held responsible, if his driver makes an accident. It is forgotten that the driver was put into job by the owner of the car and nobody else (unless car was stolen and is not reported in the police station).

If managements employ less qualified or unsuitable persons for the job, then there is every possibility that accidents / incidents can take place. In risk assessment, human error is also a factor. In fact, experts say that systems should be designed and put in place such that even a fool can not meddle and lead to accidents.

In the case of Bhopal accident, it is mentioned that the some of the workers, superviors and managers were brought from Battery Division and do not have proper training / exposure to run the plant. Even the audit report of Union Carbide warned about imminent dangers, a few years before the accident. Few accidents occurred earlier also support that a major accident will not occur all of a sudden, but will be preceded by few near misses and minor accidents.

As the plant was not in operation for few months before the accident, poorly trained managers and supervisors decided to switch off the refrigeration system thinking that when plant is not running, nothing will happen (because of lack of knowledge on hazards). Persons were not informed about the hazards, neither they had interest to learn on their own, about what can happen in their day-to-day activities. All of us will be careful to caution our children about their safety when they go to school or college. But we do not follow the same at our work place.

Apart from deactivating refrigeration system, the srubbing unit and flare tower were not kept in working condition. To prove Murphy law, every safety system went wrong simulataneously (neither functional nor available at the time of accident). The water sprinkler, a last resort, had limitations of spraying water upto a height of only 15 m where as the gas eascaped from the flare tower at a height more than this.

There are provisions and punishments for causing deaths due to negligence, callous attitude and accused should be awarded compunded punishments. If the wrong doers are not punished severely, this will send a wrong message to all greedy corporates that nothing will happen to them and they can find some scapegoats at lower levels for the minor punishments.  In the famous novel God Father by Mario Puzo, it is mentioned that underworld people keep some persons with opposing gangs as a surity for the persons from these gangs attending meetings so that they can participate the meetings and leave the place safely. Scapegoats will be found like in the underworld system.

The entire property of the owners of the factory causing such large scale deaths should be confiscated and it is better for governments to work toward making international laws to confiscate properties of the owners in other countries also.






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