ORDER

1. Proceedings have been initiated in this matter in the light of captioned media report to the effect that five workers have died due to toxic gases while cleaning the ETP tank of M/s Shri Ulka LLP, a fish processing unit in Mangaluru Special Economic Zone. Cause of death appears to be choking of the breathing system of the victims due to toxic gases due to absence of safety norms. The Commissioner asked the company to provide interim compensation of Rs. 10 lakhs each to the kin of the victims, pending determination of final compensation. West Bengal government has announced ex gratia payment of Rs.2 lac each to the kin of the victims. Victims have been identified and named in the media report. A criminal case has been separately registered.

2. Vide order dated 26.04.2022, the Tribunal prima facie found that there appeared to be violation of environmental safety norms for disposal of waste water under the consent conditions under the Water (Prevention and Control of Pollution) Act, 1974. Accordingly, the Tribunal constituted a five-member joint Committee of RO MoEF&CC Bengaluru, CPCB, State PCB, District Magistrate and Secretary, Fisheries, Karnataka to undertake visit to the site, ascertain the cause of incident, status of compliance of applicable environmental safety norms and CTO, status of payment of compensation and measures to be adopted for preventing such occurrence in future. The Committee was to give a report and place the same on the website of the State PCB with a copy to the Project Proponent so that Project Proponent could file its response if any, before this Tribunal.

3. In pursuance of above, a report of the joint Committee has been filed on 03.10.2022 after visit to the site on 16.06.2022 and ascertaining the factual position. The Committee also interacted with the concerned Departments and ascertained the action taken by them in the matter.

4. Relevant observations in the report of the Committee are:-

(cid:147)5. Cause of Incident:

The most probable causes of incident as per Investigation Officer of Department of Factories and Boilers are as follows:

1. In the background of the causes outlined above, with specific reference to the point mentioned below:

***It has been revealed after toxic substance monitoring done on 19th April, 2022 after disturbing the contents of the effluent in the collection tank where the said incident has occurred and readings of above 10 ppm and 15 ppm of toxic hydrogen sulphide gas were obtained which are the time weighted average concentration and short term maximum concentration respectively as mentioned under Rule 131A of the Karnataka Factories Rules, 1969.

These were just sample readings which had been taken with lot of difficulty, if the exercise could have been carried out by going down with SCBA and doing the monitoring certainly higher level of readings could have been obtained. One of the readings has gone upto 73 ppm also, which could not be photographed , which clearly shows the presence of a very high and dangerous concentration of the toxic hydrogen sulphide gas , which must have certainly been much higher on the day of the accident i.e 17th April,2022,when the workers have directly placed their legs inside the effluent resulting in escape of large quantities of the extremely toxic hydrogen sulphide gas, thus exposing all the workers who have gone down into the tank and inhaled this toxic gas resulting in their subsequently being declared dead after falling unconscious in the pit itself.

2. In the background of the causes outlined, the Occupier has failed to provide such information, instruction, training and supervision as are necessary to ensure the health & safety of all workers at work in the factory, thus contravening Section 7A (2[c]) of the Factories Act, 1948.

3. The Occupier has failed to maintain all places of work in the factory in a condition that is safe and without risks to the health and provision and maintenance of such means of access to and egress from s