Responsibilities and limitations of regulators

Recently, I read in local news papers about the fire in a chemical plant. It is stated that during distillation of a chemical to supply to a factory, water entry caused explosion causing serious injuries to four workers. A visiting representative expressed his anger on the concerned Inspector of Factories for allowing the factory to run without permission. The licence for the factory expired a few years ago. Regional Pollution Control Board (PCB) also suspended the operations after a fire incident a year before. The anger of the representative is justified. That the plant was closed by PCB after a fire incident, two years after expiry of licence indicates that the plant was in operation all along.

But, on the other side, what are the resources available to the factory inspectors. What are the powers available to the inspectors. When an inspector identifies a plant with dangerous conditions or without valid licence, he will stop the operations. But, how to ensure physical stopping of operations. The factory inspector can't become watchman for the factory to ensure this. If that is the case, then for every factory or a few factories, one inspector is required. At this rate, the factory department needs hundreds of factory inspectors which is not at all possible because of lack of funds. This is a system failure.

If a factory is run inspite of stopping orders, then the occupier is liable along with the authorities responsible for continuing to supply services likes electricity, water, etc. Similarly, municipality, revenue, police, excise, customs departments which collect taxes and other service charges are also responsible. They can't work independent of other agencies. Once these agencies are intimated about a factory closure, all concerned have to keep check on the said factory. In addition, the customers (factories buying products) of the guilt factory should also be held responsible for making purchases without checking validity of licences. Now a days, with ISO certification, every management needs to ensure proper licences and authorizations before purchasing any items. Of course, if the product is a finished item for purchase by public, then these public can't be held responsible as there is no way of checking the credentials before buying.

There is no information in the news papers about how many times the factory inspector inspected the plant in the last few years. If there were inspections, factory inspector is equally responsible for the incident.

When a proper coordination exists between all concerned agencies as listed above and others, I am sure the hands of factory department will be strengthened to ensure safe work place.