Compensation for victims of industrial accidents

There is discussion on deciding the quantum of compensation for victims of industrial accidents. The compensation amount should be fixed for every person injured / died in an accident instead of fixing the liability to the company for an accident.

In cases like Chernobyl, Bhopal and Seveso, the impact was immediate and is still continuing. In such cases, we can't decide compensation and cleanup costs immediately. The company has to pay for all victims. If the total compensation is limited to some amount, then in the cases like above, the amount received by the individual victims may become peanuts, whereas companies whose sole aim is to make profits will simply escape. When a company is in the business to make profits, then we can't allow them to make those profits at the cost of human lives, environment and property damages by following unsafe practices and procedures.
In fact, the certifying auditing agencies for quality, environment and safety practices of companies should be made accountable like financial auditors so that certificate can't issued / renewed without compliance with norms.

Now-a-days, the victims of road / rail accidents get Rs 2-10 lakhs from various agencies of the government. Sometimes, jobs are also offered for the next kin of the victims. Similar amount should be paid to the victims of industrial accidents apart from health treatment costs.

When the compensation will be decided for each victim instead of lumpsum per accident, then I am sure, companies will follow international safety practices everywhere and ensure safety of employees and public.

Hazard Communication - One more idea to warn to about dangers

In my earlier post, I mentioned few things to communicate hazards to machine / equipment operators. In addition, it will also be effective to caution about hazards, if photos of persons injured are displayed on every equipment / machine. I feel such reminder will have the desired effect on the minds of operators and shopfloor supervisors so that they will not bypass safety procedures. It is like having photos of our loved ones in the house to remember about their affection. In the shopfloor, it is like remembering the mistakes made by the persons in the photos and the injuries suffered by them.

A tale of compensation payments by two companies - Union Carbide & BP

Bhopal accident that caused more than 15000 deaths and injuries to thousands of persons lead to payment of US$ 470 million (1997 ?) whereas oil spillage by BP in USA (2010) is leading to demands by President and his team to BP to keep aside of US$ 20 billion for cleanup, compensation, etc over a period of time. Had a Bhopal accident occurred in USA, it would have lead to its closure and go bankrupt. Such compensation awards show why companies earn huge profits at the cost of human beings in developing / underdeveloped countries. Many companies cry foul that countries like India cause lot of environment damage but nobody cares about ethics followed by the companies of advanced countries. It appears rules are different for different countries with least regard to deaths by organizations of advanced countries in other countries.

Hazard communication - Way to reduce accidents

Accidents recur regularly on same or similar process / machine. A friend of mine said once that operators and supervisors can be reminded about the hazards by displaying on every equipment/machine, the list of persons injured - causes for accidents - protective measures taken subsequently so that people will not forget, do not opt for shortcut methods, do not bypass safety systems.

Further, flowsheet / block diagram, hazards, safe operating procedures (SOPs), dos' and don't's, safety systems and controlling parameters, location of emergency switches, checklist to be used before start of every shift, etc can be displayed on the particular equipment in the languages understood by the concerned persons to ensure safety at the workplace. I am sure, this will definitely help in reducing the accidents, though the information sheets displayed are more. One has to spend time in preparation of these information sheets once and they need to be changed only when they are required and approved by higher authorities.

Concerned operators and supervisors should be involved in preparing these information sheets so that they are relevant and are understood. Further, they feel that they are part of the system and are therefore responsible for ensuring safety.

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There are NO instant solutions for achieving safety - You can't see results immediately

If there is an accident in the workplace, immediately investigation committee is constituted, some report is produced with recommendations and people will forget about implementation or followup. They tell that they investigated and found the root cause.
Similarly, people will appoint safety professionals or somebody as safety officer and expect accidentfree workplace from the next moment.
Someothers reduce their alertness on safety and say that they contributed to profits (by reducing the expenditure on safety), as there were no accidents in the last few months.

In all above situations, expectations are to see immediate results. People forget that for any good or bad to happen, it will take some time for the system to develop in the direction of increase or deterioration levels. Normally, the time will be about five years, though this time can vary depending upon the commitment levels of the management and employees.

That's why when some company gets a safety reward or recognition, the CEO at that time thinks that its all because of his efforts after assuming the charge, though this is due to the efforts by the earlier CEO(s) for last few years. One may get certicate of ISO/OHSAS or something after one year effort, but the certification for the first time is mainly because of documentation (normally by consultants and therefore employees do not know anything) and management programmes listed in the manuals and resources allocated. By the time, the certificate comes for revalidation, if the CEO puts his heart into it and looks back, the improvements achieved would have been negligible and he chides his MR or safety manager for not followingup properly with the departments.

If at all there are any instant results, they will fall under corrective actions and not preventive actions. Therefore, similar incidents / accidents occur again and again and companies will get NC from auditors for not seeing any efforts for preventing the incidents.

Therefore, there are no immediate solutions and results for achieving safety, but efforts are required for permanent solutions and to be sustained.


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Oil spillages - What about other environment damage factors?

There is lot of concern about BP oil spillage and its effect on environment. But, very little action is seen on the use of fuel guzzlers for which BP and others produce oil. Most inefficient vehicles are produced and used everyday. People say two wheelers are worst environment polluters. I am not able to understand this. A 4-stroke two wheeler gives a mileage of 60-80 kmpl whereas a car gives mileage of 10-18 kmpl. Though, people argue that cars accommodate four persons, it is a normal practice that any vehicle is of single user only and occasionally, it is used for group travel. Thus, two wheelers are better than four wheelers from emission point of view. Further, the pressure on public roads will be less with 2-wheelers than 4-wheelers. Best is public transportation system (rail and bus).

More and more oil is drawn to meet the demands of hungry users. We are using the fossil fuels that are formed over millions of years of formation and projections show that we will consume all these fossil fuels by this century end. That means, in about 150 years (1950-2100) we consume all energy resources that are formed over millions of years with crocodile tears for future generations.

If we are reasonable, then there will not be so called false development / industrial growth with regards to these fossil fuel extraction, refining and usage. Then, there will not be any need for coming up of such greedy corporations who do not care about impact of there misdeeds. Everybody in public pronounce their commitment to save environment but how many practice this.

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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