.

Friday, February 22, 2019

Bhopal Essay

This case was created by the International Dimensions of Ethics Education in Science and Engineering (IDEESE) Project at the University of Massachusetts Amherst with support from the internal Science Foundation under grant number 0734887. Any opinions, dressings, conclusions or wakeless words expressed in this material argon those of the author(s) and do not inevitably reflect the views of the field of teach Science Foundation. More information ab come on the IDEESE and copies of its modules toilet be found at http//www. mass. edu/sts/ethics. 2008 IDEESE Project. Bhopal Gas Disaster Chronology The timeline below documents the incidents tip up to and resulting from the 1984 Bhopal Plant Disaster. Use the key below to quickly find information on politics measures relating to specific organizations, Indian national legislation, casualties, and scotch conditions and favorableness. A timeline documenting ensuing legislation force taboo be found at the end of the primary(pre nominal) chronology.Key brown = central (India), allege (Madhya Pradesh), or city (Bhopal) judicature measures relating specific wholey to UCC, UCIL, Bhopal im prep ar, or immediate neighborhood of determine green = general India national legislation relevant to conduct of vexation red = casualty-producing ad scantily incidents violet = economic conditions relevant to Bhopal whole caboodle profit dexterity ___________________________________________________________________________ UCIL= Union Car loosenesse (India) Limited UCC= Union Carbide stool 956 Indian sevens adopts Companies exploit of 1956 which requires affiliates of foreign companies to register as separate companies under Indian truth and imposes limits on foreign investment and dissolveicipation in all Indian companies. Union Carbide mows its sh be of possession in its Indian subsidiary ( and then called issue Carbon Comp all (India) Limited from 100% to 60% in congruity with new Indian law by registering as an Indian family and carry oning shargons to Indian citizens.All except maven or dickens UCIL board members, all UCIL executives, and all regular or seasonal employees are Indian nationals. 1966 Indian foodstuff for fertilizers and pesticides is spread let outing as political sympathies adopts a crease of policies, including efforts to sum up yields and reduce post-harvest overtakinges of crops to pests, to make India self-sufficient in food. India had depended heavily on outside food aid in earlier part of the decade, and presidential term wished to end this. The domestic issue of pesticides in 1966 is 14,000 metric tonnes, intimately short of what the government wants to supply to farmers.Union Carbide India Ltd (UCIL) establishes a new country Products Division to outlet advantage of growing Indian market for fertilizers and pesticides. sign activity involves only local formulation (diluting technical grade endure to make products for sale to users). UC IL applies for license to carry out the whole take process in India. 2 of 19 1968 political sympathies of India approves UCIL plans to build fertilizer/pesticide formulation found in Bhopal. State of Madhya Pradesh leases land in the samphire Parade sector of Bhopal for the prove to UCIL on a 99- socio-economic class lease in an body politic zoned for industrial use.The area around rear is relatively uninhabited at time though there are two lakes near and the main Bhopal railroad station was well-nigh 2 miles from the flora berth. broad(a) nation of city of Bhopal is estimated to be about 300,000 (the 1961 census put it at 102,000 notwithstanding considerable in-migration from surrounding countryside had occurred). Adoption of Indias fourth five- course plan, to run 1969-74. Plan goals include reducing unwholesome dependency on foreign agencies, particularly foreign corporations.The Plan outlines goals of requiring foreign investors to enter into vocalise electri cal outletures rather than establish wholly-owned subsidiaries, and reaffirms requirements to train and employ Indian nationals at all levels of operation, to use made-in-India equipment and components whenever they are available, and to transfer technology to Indian affiliates. These requirements meant that the government was powerfully inte reprieveed in having chemic congeals located within the country l make piss capacity to take on all steps from raw material by dint of intermediate chemicals with final product on-site rather than relying on imported intermediates. 969 Bhopal fix flummoxs operational. Initial operations consisted of making raw fertilizer and formulating (diluting to usable strengths) pesticides with US-origin technical grade chemical concentrates. UCIL industrial chemists rebel a method of producing alpha-napthol that UCIL anticipates being able to scale up to economically rivalrous production volumes. UCIL is reconsidering its business plan as the large-scale making of alpha-napthol acetifys out to be more challenging than it anticipated.political science of India begins pressing UCC and UCIL to have UCIL founds vex from formulation using US-source chemicals to full production in India. It makes issuing an operating(a) license for the Bhopal typeset conditional on its using domestically-made alpha-napthol. establishment of India establishes National Committee for Environmental Planning and Coordination. 1970 1972 1973 Indian Parliament adopts international switch over Regulation Act 1973. Among former(a) strong controls on flows of money in and out of India it establishes a scheme for government control over Indian firms decisions on hiring foreigners as employees or contractors.Indian Government approves UCC-UCIL Design raptus Agreement and Technical Services Agreement under which UCC forget run the basic process program of a seed capable of producing SEVIN (a carbaryl pesticide apply on cotton and other crops) and training for Indian operators of plant. Design dislodge Agreement limits UCC to provision of the process design and materials specification. Detailing the design and structure the plant are to be undertaken by Indians nationals employed by or contracting with UCIL.Government likewise uses powers to license technology imports to guide survival of suppliers of components for plant to Indian firms as much as possible. 3 of 19 Engineers employed by UCIL who will be involved in plant design visit UCC Technical Center in West Virginia to earn about US plant specifications and start process of adapting them to Indias conditions. 1974 Indian Parliament adopts legislation requiring that Indian companies partly owned by foreigners reduce foreigners ownership share. For companies with 60% foreign ownership, the new legal maximum is 50. %. UCIL complies by the end of 1978 by dint of sale of additional shares of var. cancelledered only to Indians these shares were held by 24,000 diffe rent persons or entities, with the Government of India itself dimension 25% of UCIL stock. Indian Parliament adopts peeing (Pr numberion and oblige of contamination) and Air (Prevention and defy of Pollution) Acts. These establish the central government as the main standard-setter while leaving enforcement to state governments. Both Acts increase penalties for causing pollution unless do not specify any emissions or ambient standards. 975 New Master Plan for City of Bhopal establishes a separate district for barbaric industry in an open area 15 miles from center of town, and zone the area where UCILs plant has been constructed for mercenary and light, non-hazardous, industry only. City authorities want UCIL to move its operations to this area. Indian Government licenses UCIL to arrive at up to 5,000 tons of carbaryl pesticides a year in Bhopal plant UCIL hires Humphreys and Glasgow Consultants Private Limited, an Indian subsidiary of Londonbased Humphreys and Glasgow, to de tail the plant design and supervise construction. 976 Madhya Pradesh Town and Country Planning get along with classifies the UCIL plant as general industry rather than hazardous industry. This allows plant to placate in its established location rather than move to Bhopals new hazardous industry zone. Bhopal plant begins production of pesticides and begins $2. 5 billion project to expand alphanapthol production building block of measurement to accommodate Sevin production. India hit by drought farmers consider loans from government to ride out the loss of harvests. They to a fault cut pole on pesticide purchases. 1978 Bhopal plants new alpha-napthol wholes components go soon later on startup. 2 million reconstruction project begun. mathematical product of pesticides continues using alpha-napthol imported from UCCs US plants. 31 Oct 1977 4 of 19 UCC and UCIL decide to raise Bhopal plant to methyl isocyanite (MIC) process to produce SEVIN because bring up UCC regarded this process as more economical and efficient than its previous management of producing it. New Bhopal MIC social social unit based on design of UCCs MIC unit in bestow, West Virginia. (See separate page on alternative methods for production of SEVIN or similar carbamate pesticides. winter Progress review of Bhopal project at UCC headquarters. Concerns about equal of building plant and reduced estimates of potential pesticide sales lead to consideration of whether Bhopal project can be scaled back. termination is to continue as construction is as well as far advanced. Welding jaunt ignites near chemicals because welder unaware of and supervisor did not point out near flammables. Fire causes Rs. 6. 2 million ($730,000) in lieu damage, but no injuries to actors. 20 UCIL maneuvers sent to UCCs West Virginia MIC plant for training in plant operation and preventative.UCC engineers sent to India for pre-startup travel toion of Bhopal plant report quaternary deficiencies in s entry duty measures. They too advise UCIL management of essential to develop contingency plan for alerting and evacuating near population in event of major fellate leak. UCIL management later reports it had developed much(prenominal) plans city and state government officials claimed in 1984 that they were not aware of any such plans. UCC Eastern Division brings up straits of Bhopal plant at a global strategy meeting because of concern that it, handle Institute WV plant, is too large for the market. intentions to export part of Bhopal plants production are not adopted because of potential negative acts on UCC subsidiaries in other countries. UCC conveys 8 US engineers and technicians to Bhopal plant to assist with startup and earliest operation of MIC unit. 1980 Government loans to farmers come due. Farmers shift to less expensive pesticides. galore(postnominal) of the newer pesticides are synthetic pyrethroids that are also safer in Indian conditions than carbaryl types l ike Sevin. Indian Government upgrades National Committee for Environmental Planning to cabi nett-level division of Environment.Both national and about state governments (including Madhya Pradesh) have Pollution Control Boards to inspect and enforce environmental laws. March Government approves UCIL application to turn over 1 UCC engineer through 31 may 1981 re parole approval through 31 May 1982 and then to 31 descentember 1982. 7 of the 8 UCC engineers and technicians sent from West Virginia return home. The stay engineer continues to serve as plant manager until June 1982, then frame as a consultant. 24 Nov 1978-79 1979 June 5 of 19 fall A second UCC engineer squad visits the Bhopal plant and repeats cautionings about ack of contingency plan. Rebuilt alpha-napthol unit started up fails again and is eject big money. Alpha-napthol imports continue. Bhopal plant returns a modest profit for the year. National census puts City of Bhopal population at 895,815. Significant po pulations of recent arrivals from the countryside have settled in shanty towns near UCIL plant. 1981 June UCIL/UCC review of Bhopal plant operation shows that the variable cost of producing alphanapthol in Bopal is 4x the US cost and the variable cost of producing SEVIN in Bhopal are 3. 5x US costs.UCC and UCIL are both aware that new-formula pesticides coming onto market in India and other countries are possible to reduce demand for SEVIN. UCC wants UCIL to import MIC from UCC plant in West Virginia Government of India refuses permits because it wants the making of MIC undertaken in India. 24 descent 1 supervisor and 2 workers exposed to phosgene leak during a precaution operation one of the workers dies from effects of phosgene inhalation. UCIL management says he was at transformation for removing his fluff mask workers claim supervisors gave insufficient warnings.Accident reported to UCC UCC resolution plan includes additional training and some design changes. 1982 uncertai n 10 Feb Feb UCIL notes growth of shantytowns near the Bhopal plant and asks the city to establish a green flair zone around it to prevent further shantytown expansion. City does not act. 25 workers contused when a pump seal fails and probative quantities of MIC, phosgene, and hydrochloric acid suckes range into plant. Some treated on-site 16 sent to local infirmary Workers help a local journa incline get into plant he observes and compiles about poor condition of plant and lax safety routines. local newspaper publishes the story but its warnings that a massive leak is likely are ignored. India Labor Department investigates the Dec. 1981 fatal accident and recommends corrective measures. Bhopal plant is operating at less than half capacity because of untoughened market for its products. Local competitors making cheaper pesticides continue gaining market share. spring Either UCIL asks UCC to send engineering team to inspect plant, or UCC does on own enterprisingness (accounts vary, usually consistently with author effort to show UCC was or was not in close control of plant during the post-disaster litigation). 6 of 19 2 April May 3 electricians suffer minor burns when one drops a screwdriver into an electrical panel and it shortcircuits. State inspectors recommend better insulation of circuits. UCC engineers inspect Bhopal plant, issue Operational Safety Survey on conditions in plant, warn there is real danger of a gala affair reaction call checkmate measures to avert danger UCIL management reports to UCC on follow-up, saying they will undertake all suggested measures, but do not act on the recommendation to increase the range of the fire peeing spraying system from 15 meters to 35 meters so it can reach the authorize of the MIC vent piping.The last UCIL communication on followup, dated 26 June 1984, says all changes have been made except one to the SEVIN feed ice chest, which will be completed when the needed control valve is delivered in about a month. summer Jagannathan Mukund, Indian citizen trained at Institute WV plant, replaces US national Warren Woomer as plant manager. UCIL has to admit trial of efforts to scale up alpha-napthol production alpha-napthol unit shut down as too unprofitable to run. Worker transfers begin. Aug folk music fall 6 Oct squelch of liquid MIC at plant injures a chemical engineer UCIL applies for concomitant of its Foreign collaboration Agreement with UCC through declination 1987 so it can continue importing alpha-napthol. Indian government approves UCIL application for renewal of Foreign Collaboration Agreement with UCC, but only to 1 Jan 1985. Leaks of MIC, hydrochloric acid, and chloroform injure 3 workers seriously enough to require brief hospitalization 15 others less affected are precondition first aid at plant. Some panic in coterminous shantytown.State inspectors note several(prenominal) violations of normal operating procedures and recommend measures including red tags on equipme nt that should not be used. Labor totals complain to Madhya Pradesh Ministry of Labor about conditions in plant. Also begin occasional public demonstrations. Madhya Pradesh state labor ministry inspectors inspect plant but they are mechanical engineers with limited competence to assess safety of chemical plants. Labor Ministry officials do enter complaints with romances, but these will not be taken up for some time owing to long list of unfinished suits.Madhya Pradesh minister of labor says the plant is safe and berates op rate for its worries during question time in a December session of the state legislature. 31 Dec Warren Woomer, the last remaining American employee, leaves Bhopal plant. 7 of 19 1983 Various cost-cutting measures undertaken. Staff morale declines through the year as layoffs and resignations take effect. Experienced workers leave and are replaced by less experienced workers from other units of Bhopal plant or other UCIL plants.Madhya Pradesh State Pollution Con trol Board requires companies to declare what they are emitting into the air. UCIL declared carbon dioxide only, not the other bodgeses (including phosgene and MIC) that once in a while leak. Board lacks sufficient inspectors to follow up, even subsequently animals die from alcohol addiction water from a stream just outside the plant dirty by fluid runoff from the plant. Sept. fall Dec. Chief of National Pollution Control Board visits plant area while in Bhopal.Orders UCIL to jell flaws in effluent evaporation pond that permit leaks onto adjacent land. UCIL complies. Proposal to salvage investment in Bhopal plant by converting part of it to produce new carbofuran pesticide and supply it to India and other markets are rejected as economically unfeasible by UCC. Jumper pipe connected betwixt drive valve header and relief valve header on MIC army tanks to simplify upkeep. Bhopal plant manager Jagannathan Mukund given UCC safety award for operating 12 months without serious in cident. 1984Bhopal plant operating at 1/5 capacity owing to weak demand. Losses near $4 million since 1980. Successive reductions in power mean only 1 supervisor and 6 workers are birth on each shift in the MIC unit (company guidelines state that the MIC unit should have 3 supervisors and 12 workers on each shift). Training of supervisors and workers has begin less rigorous. April Madhya Pradesh government legalizes the shanty towns that have grown up just outside UCIL plant since 1978 by granting dwellers certificates of ownership of the land they occupy.Bhopal population estimated to be close to 900,000 and the shanty towns are notably larger than they had been in 1981. UCC approves UCIL proposals to write off the alpha-napthol unit, sell rest of Bhopal plant while retaining MIC unit, reduce UCC ownership share of UCIL to 40% so UCIL can be more independent. uncomplete the UCC share reduction nor the plant sale had been carried out by December. May June or July Bhopal Town Pla nning Board lists 18 factories as obnoxious and therefore to be monitored particularly carefully. UCILs Bhopal plant was not include on the list.Sept UCIL engineers inspect plant, report to UCIL top management that 1) screw up scrubber is functioning poorly, 2) there are poor communication between plant production and maintenance staff, 3) workers lack instruction on what do in event of runaway reaction, 4) safety meetings are held only half as often as specified in company rules. 8 of 19 UCC engineers survey MIC plant in Institute, West Virginia. They report concerns about some aspects of plant operation there and possibility of a runaway reaction in the MIC store tanks (larger than the tanks installed in the Bhopal plant).Oct UCC considers idea of dismantling Bhopal plant and shipping equipment to Brazil or Indonesia. Asks UCIL to draw up feasibility study and cost estimates. UCIL reports back 29 Nov. Question of what to do is pressing because the plant will have no source of alpha-napthol when UCILs Foreign Collaboration Agreement with UCC expires on 1 Jan 1985. 7-22 Oct Remaining phosgene and methylamine stocks at Bhopal plant are used up in making a last pile of MIC. 42 tons are put into tankful E610 about 20 tons into store E611. UCIL plan is to withdraw it a ton at a time In November and December and react it with alpha-napthol to produce SEVIN.The storage tanks are isolated and the MIC production unit is shut down for maintenance after the batch is finished MIC unit production workers are delegate to other tasks. 31 Oct Curfew imposed in Bhopal after inter-communal riots sparked by news Sikh guards had assassinated Prime Minister Indira Gandhi. Plant activities curtailed for several weeks because curfew affects ability of second shift to leave work and of third to arrive for work on time are affected. MIC drawn down in clarified batches. Nov last week of Nov. According to later testimony of plant workers, the position of second-shift maintenanc e supervisor was eliminated. Dec condition of plant safety systems at start of second shift Safety System vent blow out scrubber (uses caustic soda water to neutralize toxic gas squeeze out from MIC plant and storage tanks before release thru vent stack or flare) flare (burns toxic gasses to neutralize them) Condition on 2 Dec 1984 on standby since MIC not in active production but could be activated by plant operators in event of need insufficient capacity to burn large volumes of escaping gas shut down in November for replacement of a corroded pipe MIC process vents rerouted to the vent gas scrubber while repairs proceed shut down June 1984 and coolant (Freon) run for use elsewhere in plant refrigeration system (keep MIC at temperatures of 0-5 degrees C (32 to 42 degrees F) where it is less reactive) firewater spray pipes (to control escaping functional but insufficient height to reach gasses, cool over- heating systemed equipment or douse top of vent stack fires) 9 of 19 afety valve between MIC storage tanks and MIC holding tank in SEVIN production area operational designed to hold MIC in at normal storms and release it if pressure too high. at that place are 2 competing chance variables of events on December 2nd between 9 and 11 pm. The first is preferred by most authors who have canvass the events the second is offered by only a few. *See note at end for more information about the controversy. Divergent accounts of how water entered store E610 Version 1 water- wash of pipes 8-9 pm cooperate-shift production superintendent orders MIC plant supervisor to flush several pipes running from the phosgene system to the scrubber via the MIC storage tanks.MIC unit workers are in charge of the flushing, but maintenance department is responsible for inserting the slip bind (a solid disk) into pipe above the water backwash inlet as plant manual requires. These take 30 minutes-2 hours to install. The MIC unit workers were apparently not aware that installati on is a required safety procedure, and slip bind is not installed first. Temperature of MIC in tanks is between 15 and 20 degrees C . 9. 30 Water washing begins. One bleeder valve (overflow device) downstream from the flushing was blocked so water did not come out as it was supposed to. It accumulated in the pipes. A worker shut off the water flow but the plant supervisor ordered that the washing resume.By then water had risen past a leaking closing off valve in the lines being washed and got into the relief valve pipe 20 feet above ground. by 10. 30 pm Water has flowed from the relief valve pipe through the jumper pipe into the process pipe through valves normally unbroken open. Water gets Water washing proceeded as described but no(prenominal) of the water used for washing traveled far enough down the right pipe to enter store E610. Version 2 demoralize 10 of 19 through an open blow-down valve that is part of the nitrogen pressurization system. It is unclear whether the valve had been left open or had failed to fully seal when last closed. Water then flows into tank E610 via a normally-open isolation valve. 10. 30-10. 45 pm Second shift goes off work third shift comes on.Washing continues after second shift worker briefs third shift worker on progress of the job. around 10. 30 pm A disgruntle worker removes a pressure gauge on a pipe leading to Tank E610 and connects a water hose to the coupler. Water enters Tank E610 Shared account of resolutions to detection of problems 11 pm Third shift control dwell operator notices pressure gauge connected to Tank E610 has risen from a reading of about about 2 pounds per square inch at the start of the shift to 10 pounds per square inch. This is within the normal 2-25 psi range, so arouses no concern. Control room lacks any reliable way of monitoring tank temperatutre. about 11. 30 pm Workers in area notice MIC smell, see MIC leak near the scrubber.Find MIC and dirty water coming out a branch of the relief val ve pipe on the downstream side of the safety valve, away from the tank area. They set up a water spray to neutralize the leaking MIC and inform control room personnel of event and their actions. They then take their regular tea break, act to discuss the situation and what they should do next. 3 December about 12. 15 am Control room operator notices that control room pressure indicator for Tank E610 reads 25-30 psi about 12. 30 am . Control room operator notices that needle on pressure indicator for Tank E610 is pinned to the maximum reading of 55 psi. Control room operator goes out to tank area to check gauges on tank.While in tank area he hears a safety valve pop, hears rumbling in tank, and feels heat emanating from it. Returns to control room to engage the gas vent scrubber. Caustic soda does not flow as it should. A cloud of gas escapes from the scrubber stack. by 12. 40 am Plant supervisor suspends operation of the MIC plant, turns on the in-plant and external toxic gas siren s. External sirens audible in nearby neighborhoods are turned off after about five minutes. Operators turn on the fire water sprayers but water cannot reach the gas cloud forming at the top of the scrubber stack. Efforts to cool Tank E610 with the refrigeration system fail because the Freon had been drained. Gas escapes for about 2 hours. 11 of 19 efore 1 am Plant supervisor realizes that tank E619, the designated spare, is not empty, so workers cannot relieve the pressure in E610 by transferring any MIC to E619. by 1 am gas smell is obvious outside the plant nearby residents awake at the time or awakened by sound and smelling the gas odor start fleeing in panic. 1. 30 am Bhopal police chief informed of leak and panic by an on-duty police officer who ran to his house no monumental police mobilization follows. about 2. 30 am Bhopal plant external siren for warning the neighborhood is turned on again about 3 am Army engineer units with trucks are mobilized after a retired brigadier general requests help evacuating workers from his grinder near the UCIL plant (but not under the strongest gas concentrations).Army unit then expands operations to assist general populace by transporting wound to hospitals and clinics. Some mobilization of city ambulances. Medical personnel hearing of situation head to hospitals and clinics. before 8 am Madhya Pradesh governor orders closure of plant plus arrest of plant manager and 4 other employees. good good afternoon Head of India Pollution Control Board informed of accident. Efforts to learn lucubrate from Madhya Pradesh Pollution Control Board fail because telephone set calls cannot get through. peal conversation with UCIL office in New Delhi (also unable to get phone calls through to the plant) provides some information about possible causes. ate afternoon Indian Central Bureau of Investigation takes control of plant and UCIL records there. CBI agents begins interviewing plant supervisors and workers bar entry by anyone else, including other UCIL employees. Dec Many government offices and businesses in Bhopal closed dead buried or cremated in conformity with their families religious traditions initial treatment of injured proceeds 18-19 Dec downstairs government supervision the MIC still in storage at the UCIL is plant is neutralized by combining with alpha-napthol to make finished pesticides. Local population leaves town as a precaution. 1985 July 1985-98 1994 1998 Madhya Pradesh government rejects UCIL application for renewal of operating license.Plant closed Some work on cleanup of plant site by UCIL. UCC sells its share of UCIL to McLeod Russell (India) Limited. McLeod Russell re bring outs UCIL Eveready Industries India, Ltd. State of Madhya Pradesh takes over plant site from Eveready Industries. 12 of 19 *Note on the two versions of how water reached storage tank 610. Timelines of the alternate possibilities are constructed from the works of several Indian authors who together with used i nterviews with plant staff, court depositions by plant staff, interviews with local residents and officials, UCIL executives and UCC technicians, and UCIL or UCC documents obtained during the post-disaster litigation.Most of the detail comes from Paul Srivastava, Bhopal Anatomy of a Crisis (Cambridge, MA Ballinger, 1987),and Sanjoy Hazarika, Bhopal The Lessons of a Tragedy (New Delhi Penguin Books India Pvt Ltd, 1987), who take different views but are careful to find areas of uncertainty. The initial exposition of the water-washing explanation was provided in an Indian government report, S. Varadarajan et al. work on Scientific Studies in the Factors Related to Bhopal Toxic Gas efflux (New Delhi Council of Scientific and Industrial Research, Dec 1985). The misdirect theory was developed by consulting engineers from Arthur D Little, Inc. commissioned by UCC to investigate the causes. It was publicly laid out in Ashok S. Kalelkar, Investigation of Large-Magnitude Incidents Bhopal as a Case Study, in I. Chem. E. Symposium serial No. 110 The Institution of chemical Engineers 1988, p 561.Version 1 in the timeline, favored by local and international trade union representatives, local activists, the Indian government, transnational environmental and consumer organizations, and most technical experts (see Chemical and Engineering News 4 July 1988) is based on known water-washing activities. Proponents of version 2, favored by UCC after its investigators were able to visit the plant in early 1985, point out that the water washing occurred a good distance away from the storage tanks and there is no turn out water ran through the connections from the washing area to the storage tanks. They also point to evidence that the pressure gauge on the pipe leading into Tank 610 was notice to be missing when tank area was surveyed before 10 am on Dec 3rd and a replacement gauge was installed. The most thorough summary of this version is Themistocles DSilva, The Black Box of Bhopal 1993 who does state clearly that he was a UCIL employee though not at the Bhopal plant in the 1980s. ) Even if sabotage were involved, no commentator thinks the saboteur was attempt to cause a catastrophic gas leak knowledge of safety hazards among the workers was spotty enough that very few of them understood the full effect of introducing water into the MIC storage tanks. The controversy was sharpened in the course of the passing acrimonious litigation between the Government of India and UCC. UCC first raised the sabotage allegation in 1985 and repeated it in 1988 but never abduced the pretend saboteur. A worker believing he is the suspect publicly challenged UCC to name the suspect and denied that he had any involvement in sabotage.UCC planned to restrain until the trial before the Indian ultimate salute to do so out-of-court settlement made that unnecessary and it never publicly revealed the full foundation garment of its suspicions. In a FAQ section of its w ebsite on Bhopal (www. bhopal. com) Union Carbides coiffe to the question of if there was sabotage why hasnt the company named anyone, it says that the name is known to Indian enforcement authorities. While a useful way to rid of libel suits, the continuing refusal to provide a name response is understand as weakening UCCs claim by those who reject the sabotage theory. Notice that the contending versions of events between 9 and 11 pm on December 2nd only provide different explanations of how water got into MIC storage tank 610.Everyone who has studied the disaster agrees that the injuries to neighboring residents were caused by an unneutralized cloud of leaked gas that get away through the vent, and that the reaction producing this cloud was triggered by water contamination. Though the cover shielding of the storage tanks cracked above Tank 610 (indicating that its temperature 13 of 19 got above 400 degrees F), the tank itself was found to be uncracked when inspected after rema ining contents were neutralized and removed in mid-December 1984. There is no material disagreement about the conditions of the safety systems that night or on the responses of the supervisors and workers after the small MIC leak was noticed around 11. 30.Nor is there any significant disagreement about the inadequacy of contingency plans for in-plant response and evacuation of neighboring settlements, the poor communication about hazards with city and state authorities, or the lack of warnings to surrounding settlements when the gas cloud formed. Descriptions of the extent and timing of action by city officials, state officials, army units in Bhopal, and national government officials also vary very little controversy about government response is focused on the adequacy of actions in the days, months, and years following the disaster. 14 of 19 Bhopal Gas Disaster Chronology Ensuing Litigation 985 March UCC and Government of India investigatory teams conclude independently that runa way chemical reaction causing MIC gas cloud was caused by water getting into Tank 610 Indian Parliament adopts Bhopal Disaster Relief Act making Indian government the sole legal representative for all victims of the Bhopal disaster. US federal govern Court consolidates all lawsuits pending in US about Bhopal gas leak into one case, Union of India v. Union Carbide Corporation. rest of year Victims and victim advocates complain about lack of effective relief. rest of year UCC stock declines total stock value of company in December put at approximately $3 one thousand thousand. UCC sells off assets (mainly petrochemicals and consumer product divisions) for $3. 5 billion and borrows $2. 8 billion to fend off $5. million takeover bid by GAF (General Analine and Film, another specialty chemical maker) 1986 Government of India lawyers and UCC lawyers begin intervention of an out-of-court settlement. Union Carbide proposes a settlement amount of $350 million under arrangements that it estimates will generate a ancestry for Bhopal victims of between $500-600 million over 20 years. Government rejects this offer as insufficient. Indian and foreign activist conclaves sustenance victims have already publicized their own estimates contending that damages are at least $3 billion if loss of animals, loss of income from inability to work, loss of business in the weeks after the gas release, and related damages are also taken into account. April U. S.Occupational Safety and Health Administration proposed a $1. 4 million fine against Union Carbide Corp, based on results of its phratry 1985 inspection of five of 18 plant units at Institute, West Virginia. OSHA alleges 221 violations of 55 health and safety laws, listing 72 of the 221 as serious (the household for violations creating conditions in which there is substantial probability of death or significant injury. US Federal govern Court rules on a foregoing motion in Government of India v. Union Carbide Corporation invoking forum non conveniens tenet it determines that trials relating to injuries suffered in the Bhopal disaster should be held in India. March May 5 of 19 Sept. Dec. Government of India proceeds against UCC in regulate Court in Bhopal, seeking $3 billion in total compensation for 630,000 persons in Bhopal area. Bhopal District court orders UCC to hold $3 billion in unmortgaged assets as collateral while lawsuit pending. This to prevent conscious a run-down of assets, rumors of which were rife in USA and India at the time. UCC offers $50 million, then $80 million in compensation, amounts derived from typical Indian settlements. Amounts widely criticized, viewed as insulting by victim groups, rejected by Government of India. 1987 Jan rest of year 1988 Victim lawsuits continue in Indian courts.State of Madhya Pradesh also files criminal charges against Warren Anderson, then chief executive officer of UCC, and several UCIL executives or plant supervisors for their roles in causi ng the disaster. 1989 Feb Under prodding by Indian Supreme Court, UCC and Government of India agree to a $470 million settlement of all Bhopal gas leak-related claims. Supreme Court endorses settlement, making it binding on both parties. It also grants immunity against criminal charges arising from the gas leak. The $470 million is paid to the Government of India as sole legal representative of the victims. 36 special courts established in Bhopal to deal with applications for compensation Value of UCC stock rebounds somewhat with news of settlement.UCC CEO Robert Kennedy (replaced Anderson in 1987) completes reorganization of UCC into a holding company with 3 main divisions chemicals and plastics, industrial products, carbon products. 1990 Oct 2 groups of victims file class action suits in Texas alleging that India failed to represent them adequately because of government agencies ownership of UCIL stock, and therefore did not cover them sufficient compensation. Consistent with 16 of 19 US Court of Appeals upholds US District Court judgement that Bhopal disaster litigation should proceed in India rather than the USA. UCC sells off last petrochemicals and consumer products divisions norms of mutual respect for court decisions, US courts refuse to review the Indian Supreme Courts ruling. Nov.Government of Madhya Pradesh submits final list of names of victims to be compensated for injuries suffered in gas leak to Indian Supreme Court. Total deaths attributable to gas depiction put at 3,828. 1991 Oct Indian Supreme Court confirms compensation settlement, issues ruling modifying certain parts of 1989 judgment. These include UCC establishment of a trust fund to support a new hospital in Bhopal to treat victims on-going health problems and revoking immunities from criminal charges. District Sessions Court in Bhopal reinstates charges of culpable manslaughter not amounting to murder and lesser charges relating to voluntary infliction of harm against Warren Anderso n and 8 UCIL executives or supervisors. 1992 Apr 1993 Mar.NY Times reports that India has paid 700 Bhopal claims government attributes delay to complexities of verifying the claims given chaotic record keeping at the time. Victim advocates blame on government incompetence. US Supreme Court declines to review federal court decisions in 1990 cases dismissing suits against India. UCC establishes the trust fund. Oct. 1994 Apr Nov Dec Indian Supreme Court approves UCC plans to sell its 50. 9% share of UCIL proceeds to be given to Trust investment firm for hospital in Bhopal. UCC completes sale of UCIL to McLeod Russell (India) Ltd. of Calcutta for approximately $93 million UCC provides initial payment of proceeds into Trust Fund.Ten-Year Impact of Bhopal Disaster on UCC year ending 31 Dec. 1984 total assets $10,518 million capital $7962 million year ending 31 Dec. 1994 $5028 million $2479 million 17 of 19 net sales net income R&D spending employees from UCC annual reports $9608 million $323 million $265 million 98,666 $4653 million $379 million $136 million 12,004 1999 Jan 2000 Mar frame action suit, Bano v. Union Carbide Corporation, filed in US Federal Courts by Haseena Bi and other organizations representing residents of Bhopal seeking compensation for gas-leak related injuries and for further harm from film to contaminants afterward under US Alien Tort Claims Act.US District Court dismisses Bano case UCC completed payments to Trust Fund, which now totals $100 million. facial expression of hospital is complete and physicians and other staff being recruited. Aug 2001 Trust Fund-financed Bhopal muniment Hospital and Research Centre begins treating patients. 2004 July Indian Supreme Court orders government to release all additional settlement funds to the victims. Indian newspapers reports after all claims were paid there was still about $327 million in the fund because of interest earned while the money was in escrow pending dispersion. Indian nationals file Janki Bai Sahu v. Union Carbide Corporation in US Federal District Court.Suit seeks compensation for personal injuries claimed to be result of exposure to contaminated water and remediation work at former UCIL plant after the gas leak. Nov 2005 Apr Indian Supreme Court grants Indian Government Welfare Commission for Bhopal Gas Victims request for an extension of deadline on distribution of remaining funds and extends it to April 30, 2006. Indian newspapers report that approximately $390 million remains in the fund. US Federal District Court dismisses two of the triad compensation claims raised in the Janki Bai Sahu case. Dec 18 of 19 2006 Sept Indian newspapers report that the Welfare Commission for Bhopal Gas Victims has completed nonrecreational out all claims to listed victims of initial gas leak.The Second Circuit Court of Appeals in New York upholds the dismissal of claims in Bano vs. Union Carbide Corporation. Federal District Court dismisses remaining claim in Janki Bai Sa hu case. 2007 Mar A group of Indian citizens files a new class action suit, Jagarnath Sahu et al. v. Union Carbide Corporation and Warren Anderson, seeking compensation for damage to six individual properties allegedly polluted by contaminants from the Bhopal plant, as well as the remediation of property in 16 colonies squatter settlements adjoining the plant. Federal Courts issue a stay suspension of proceedings pending resolution of appeal in Janki Bai Sahu case as the issues in litigation are so similar. -end- Nov 19 of 19

No comments:

Post a Comment