Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

Union of India - Section

Section 4 in Bio-Medical Waste Management Rules, 2016

4. Duties of the Occupier.

- It shall be the duty of every occupier to-
(a)take all necessary steps to ensure that bio-medical waste is handled without any adverse effect to human health and the environment and in accordance with these rules;
(b)make a provision within the premises for a safe, ventilated and secured location for storage of segregated biomedical waste in colored bags or containers in the manner as specified in Schedule I, to ensure that there shall be no secondary handling, pilferage of recyclables or inadvertent scattering or spillage by animals and the bio-medical waste from such place or premises shall be directly transported in the manner as prescribed in these rules to the common bio-medical waste treatment facility or for the appropriate treatment and disposal, as the case may be, in the manner as prescribed in Schedule I;
(c)pre-treat the laboratory waste, microbiological waste, blood samples and blood bags through disinfection or sterilisation on-site in the manner as prescribed by the World Health Organisation (WHO) [guidelines on Safe management of wastes from health care activities and WHO Blue Book, 2014 and then sent to the Common bio-medical waste treatment facility for final disposal] [Substituted 'or National AIDs Control Organisation (NACO) guidelines and then sent to the common bio-medical waste treatment facility for final disposal' by Notification No. G.S.R. 234(E), dated 16.3.2018 (w.e.f. 28.3.2016).];
(d)[ phase out use of chlorinated plastic bags (excluding blood bags) and gloves by the 27th March, 2019;] [Substituted by Notification No. G.S.R. 234(E), dated 16.3.2018 (w.e.f. 28.3.2016).]
[Explanation. [Inserted by Notification No. G.S.R. 360(E), dated 10.5.2019 (w.e.f. 28.3.2016).] - For removal of doubts, it is hereby clarified that the expression "Chlorinated plastic bags" shall not include urine bags, effluent bags, abdominal bags and chest drainage bags.]
(e)dispose of solid waste other than bio-medical waste in accordance with the provisions of respective waste management rules made under the relevant laws and amended from time to time;
(f)not to give treated bio-medical waste with municipal solid waste;
(g)provide training to all its health care workers and others, involved in handling of bio medical waste at the time of induction and thereafter at least once every year and the details of training programmes conducted, number of personnel trained and number of personnel not undergone any training shall be provided in the Annual Report;
(h)immunise all its health care workers and others, involved in handling of bio-medical waste for protection against diseases including Hepatitis B and Tetanus that are likely to be transmitted by handling of bio-medical waste, in the manner as prescribed in the National Immunisation Policy or the guidelines of the Ministry of Health and Family Welfare issued from time to time;
(i)establish a Bar-Code System for bags or containers containing bio-medical waste to be sent out of the premises or [for the further treatment and disposal in accordance with the guidelines issued by the Central Pollution Control Board by 27th March, 2019;] [Substituted 'place for any purpose within one year from the date of the notification of these rules' by Notification No. G.S.R. 234(E), dated 16.3.2018 (w.e.f. 28.3.2016).]
(j)ensure segregation of liquid chemical waste at source and ensure pre-treatment or neutralisation prior to mixing with other effluent generated from health care facilities;
(k)ensure treatment and disposal of liquid waste in accordance with the Water (Prevention and Control of Pollution) Act, 1974 ( 6 of 1974);
(l)ensure occupational safety of all its health care workers and others involved in handling of bio-medical waste by providing appropriate and adequate personal protective equipments;
(m)conduct health check up at the time of induction and at least once in a year for all its health care workers and others involved in handling of bio-medical waste and maintain the records for the same;
(n)[ in case of all bedded health care units, maintain and update on day to day basis the bio-medical waste management register and display the monthly record on its website according to the bio-medical waste generated in terms of category and colour coding as specified in Schedule I;] [Substituted by Notification No. G.S.R. 129(E), dated 19.2.2019 (w.e.f. 28.3.2016).]
(o)report major accidents including accidents caused by fire hazards, blasts during handling of bio-medical waste and the remedial action taken and the records relevant thereto, (including nil report) in Form I to the prescribed authority and also along with the annual report;
(p)[ in case of all bedded health care facilities (any number of beds), make available the annual report on its web-site within a period of two years from the date of publication of the Bio-Medical Waste Management (Amendment) Rules, 2018;] [Substituted by Notification No. G.S.R. 129(E), dated 19.2.2019 (w.e.f. 28.3.2016).]
(q)inform the prescribed authority immediately in case the operator of a facility does not collect the bio-medical waste within the intended time or as per the agreed time;
(r)establish a system to review and monitor the activities related to bio-medical waste management, either through an existing committee or by forming a new committee and the Committee shall meet once in every six months and the record of the minutes of the meetings of this committee shall be submitted along with the annual report to the prescribed authority and the healthcare establishments having less than thirty beds shall designate a qualified person to review and monitor the activities relating to bio-medical waste management within that establishment and submit the annual report;
(s)maintain all record for operation of incineration, hydro or autoclaving etc., for a period of five years;
(t)existing incinerators to achieve the standards for treatment and disposal of bio-medical waste as specified in Schedule II for retention time in secondary chamber and Dioxin and Furans within two years from the date of this notification.