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Chapter 10
Legal Aspects of Bio-Medical Wastes
•

Indiscriminate disposal of infected and hazardous waste from
hospitals, nursing homes and pathological laboratories has led to
significant degradation of the environment

•

leading to spread of diseases and putting the people to great risk from
certain highly contagious and transmission prone disease vectors

•

This has given rise to considerable environmental concern

•

The first standard on the subject to be brought out in India was by the
Bureau of Indian Standards (BIS), IS 12625: 1989 entitled ‘Solid
Wastes-Hospitals-Guidelines for Management’ (Annexure-1)

•

But it was unable to bring any improvement in the situation

•

In this scenario, the notification of the ’Bio-medical waste
(management & Handling) Rules, 1998’, assumes great significance
Bio-medical Waste (Management and Handling)
Rules, 1998
•

The Central Govt. has notified these rules on 20th July, 1998 in
exercise of section 6, 8 and 25 of the Environment (protection)
Act,1986

•

Prior to that the draft rules were gazetted on 16th October, 1997

•

Public suggestion/comments were invited within 60 days

•

These suggestions were considered before finalizing the rules

•

The text of the rules is given in Annexure-2
Scope and Application of the Rules
•

These rules apply to all those who generate, collect, receive, store,
transport, treat, dispose or handle bio-medical waste in any form.

•

According to these rules, it shall be the duty of every occupier of an
institution generating bio-medical waste, which includes hospitals,
nursing homes, clinics, dispensaries, veterinary institution, animal
houses, pathology laboratories, blood banks etc., to take all steps to
ensure that such wastes are handled without any adverse effect to
human health and the environment

•

They have to either set up their own facility within the time frame
(schedule VI) or ensure requisite treatment at a common was
treatment at a common waste treatment facility or any other waste
treatment facility
•

Every occupier of an institution, which is generating, collecting,
receiving, storing, transporting, treating, disposing and/or handling
bio-medical waste in any laboratories, blood banks etc

•

which provide treatment/service to less than 1000 (one thousand)
patients per month shall make an application in prescribed form to the
prescribed authority for grant of authorization to carry on the work

•

Whenever an accident occurs concerning bio-medical waste, it has to
be reported to this authority
•

Each State and Union Territory (UT) Government shall be required to
establish a prescribe authority fore this purpose

•

The respective governments would also constitute advisory committees
to advise the Govt with respect to implementation of these rules

•

The occupiers or operator can also appeal against any order of the
authority if they feel aggrieved to such other authority as the Govt. of
the State/UT may think fit to constitute

•

Prescribed

Authorities,

so

far

established

by

various

State

Governments are listed at Annexure-3 and the time limit as per
schedule VI of the ‘Bio-Medical (Management & Handling) Rules,
1998’
Environmental Concern
•

The following are the main environmental concerns with respect to improper
disposal of bio-medical waste management:
Spread of infection and disease through vectors (fly, mosquitoes, insects
etc), which affect the in-house as well as surrounding population
Spread of infection through contact / injury among medical/non-medical
personnel and sweepers / rag pickers, especially from the sharps (needles,
blades etc.)
Spread of infection through unauthorized recycling of disposable items
such as hypodermic needles, tubes, blades, bottles etc.
Reaction due to use of discarded medicines
Toxic emissions from defective / inefficient incinerator
Indiscriminate disposal of incinerator ash / residues

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10 legal aspect of bmw

  • 1. Chapter 10 Legal Aspects of Bio-Medical Wastes
  • 2. • Indiscriminate disposal of infected and hazardous waste from hospitals, nursing homes and pathological laboratories has led to significant degradation of the environment • leading to spread of diseases and putting the people to great risk from certain highly contagious and transmission prone disease vectors • This has given rise to considerable environmental concern • The first standard on the subject to be brought out in India was by the Bureau of Indian Standards (BIS), IS 12625: 1989 entitled ‘Solid Wastes-Hospitals-Guidelines for Management’ (Annexure-1) • But it was unable to bring any improvement in the situation • In this scenario, the notification of the ’Bio-medical waste (management & Handling) Rules, 1998’, assumes great significance
  • 3. Bio-medical Waste (Management and Handling) Rules, 1998 • The Central Govt. has notified these rules on 20th July, 1998 in exercise of section 6, 8 and 25 of the Environment (protection) Act,1986 • Prior to that the draft rules were gazetted on 16th October, 1997 • Public suggestion/comments were invited within 60 days • These suggestions were considered before finalizing the rules • The text of the rules is given in Annexure-2
  • 4. Scope and Application of the Rules • These rules apply to all those who generate, collect, receive, store, transport, treat, dispose or handle bio-medical waste in any form. • According to these rules, it shall be the duty of every occupier of an institution generating bio-medical waste, which includes hospitals, nursing homes, clinics, dispensaries, veterinary institution, animal houses, pathology laboratories, blood banks etc., to take all steps to ensure that such wastes are handled without any adverse effect to human health and the environment • They have to either set up their own facility within the time frame (schedule VI) or ensure requisite treatment at a common was treatment at a common waste treatment facility or any other waste treatment facility
  • 5. • Every occupier of an institution, which is generating, collecting, receiving, storing, transporting, treating, disposing and/or handling bio-medical waste in any laboratories, blood banks etc • which provide treatment/service to less than 1000 (one thousand) patients per month shall make an application in prescribed form to the prescribed authority for grant of authorization to carry on the work • Whenever an accident occurs concerning bio-medical waste, it has to be reported to this authority
  • 6. • Each State and Union Territory (UT) Government shall be required to establish a prescribe authority fore this purpose • The respective governments would also constitute advisory committees to advise the Govt with respect to implementation of these rules • The occupiers or operator can also appeal against any order of the authority if they feel aggrieved to such other authority as the Govt. of the State/UT may think fit to constitute • Prescribed Authorities, so far established by various State Governments are listed at Annexure-3 and the time limit as per schedule VI of the ‘Bio-Medical (Management & Handling) Rules, 1998’
  • 7. Environmental Concern • The following are the main environmental concerns with respect to improper disposal of bio-medical waste management: Spread of infection and disease through vectors (fly, mosquitoes, insects etc), which affect the in-house as well as surrounding population Spread of infection through contact / injury among medical/non-medical personnel and sweepers / rag pickers, especially from the sharps (needles, blades etc.) Spread of infection through unauthorized recycling of disposable items such as hypodermic needles, tubes, blades, bottles etc. Reaction due to use of discarded medicines Toxic emissions from defective / inefficient incinerator Indiscriminate disposal of incinerator ash / residues