OFFICE OF THE COMMISSIONER OF CUSTOMS, GENERAL,
CCSP CELL, JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA,
TAL- URAN, DISTRICT- RAIGAD, MAHARASHTRA – 400 707.
F. S/5-Gen-47/2019-20 CCSP Cell
DIN: 20201078NU00009IFAB2
Date: 07.10.2020
Public Notice No: 129/2020-JNCH
Sub: Safety audit of CFS storing and handling hazardous goods- Reg.
Attention is invited to CBIC Circular number 04/2011-Cus dated 10.01.2011 vide which guidelines for safety and security of premises storing and handling hazardous goods have been laid down. These safety guidelines have been reproduced in Annexure A to this Public Notice and have to be necessarily complied with by all CFSs storing and handling hazardous chemicals. Further attention is invited to Para 11 of Annexure A which lays down that the provisions of the Hazardous Waste (Management, Handling, Transboundary) Rules, 2009 and the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 and other relevant rules and regulations prescribed by the Government shall be adhered to in respect of storage and handling of such goods.
2. As per para 5 of the CBIC Circular number 04/2011-Cus dated 10.01.2011 , the compliance with the above safety guidelines has to be ensured at the time of appointment of CFS and is to be regularly monitored thereafter. For proper monitoring of compliance of the above safety guidelines, it is directed that all CFSs should get a safety audit conducted every year by a safety auditor competent to conduct safety audit under Rule 10 of Manufacture, Storage and import of Hazardous Chemical Rules, 1989. The safety audit must cover in its scope the CBIC Safety guidelines referred above and all other relevant Rules and Regulations prescribed by Government. The annual safety report for previous calendar year must be filed in the 1st quarter (Jan-March) of current calendar year.
3. The audit report inter alia must specifically include following:
(i) Whether the CFS during the previous calendar year has ever stored chemicals as listed in Schedule 2 of the Manufacture, Storage and import of Hazardous Chemical Rules, 1989 (referred to as ‘Rules’).Whether threshold quantities as prescribed under Column 3 and Column 4 of Schedule 2 to the Rules have ever been exceeded in respect of any of the chemicals listed in Schedule 2 to the Rules. The record of storage of Hazardous Chemicals should be examined and a verification report duly signed by auditor confirming the above aspect should be annexed in the audit report.
(ii) If the threshold quantities as mentioned in para (i) above have been exceeded, the audit report should confirm whether the CFS has been approved under Rule 7 by appropriate authority and has complied with all relevant provisions of the Rules. It should also include any adverse Findings, if made by the appropriate authority under the Rules and the status of redressal of such adverse finding by the CFS.
(iii) If the threshold quantities as mentioned in para (i) above have not been exceeded the audit must check and report that the CFS has a proper on site emergency plan and a mechanism for proper and adequate communication of information to persons liable to be affected by a major accident regarding:
1. Nature of major accident hazard, and
2. The safety measures and the “Dos” and “Don’ts” which should be adopted in the event of major accident.
(iv). Whether the CFS stored hazardous goods for a period more than thirty days after arrival in the CFS, during previous calendar year. If so a report showing arrival and clearance details of these goods along with reasons for prolonged storage in CFS should be annexed with the audit report.
Any difficulty in implementation of this notice may be brought to the information of Dy/Assistant Commissioner, CCSP (Cell), JNCH.
Sd/-
(Sanjay Mahendru)
Commissioner of Customs (General)
JNCH, Nhava Sheva
ANNEXURE – A
(Please see CBIC Circular 04/2011-Cus dated 10.01.2011)
Guidelines on safety and security of premises where imported or export goods are loaded, unloaded, handled or stored:
(1) The imported goods or export goods which are hazardous in nature, shall be stored at the approved premises of the CCSP in isolated place duly separated from other general cargo, depending upon classification of its hazardous nature such as Explosives (as defined under Rule 3 of Explosives Rules, 1983), Gases (Inflammable / Flammable Gases, Toxic/ non Toxic gases etc.), Flammable Liquids, Flammable Solids (Raw and wet Cotton, spontaneous combustible substances, substance emitting flammable gases in contact with water etc.), Oxidizing Substance & Organic Peroxide (Sodium peroxide, Barium Bromate, Peroxy acetic acid etc.), Poisonous & Infectious Substances (Tear Gas, Biological substances, Formic Acid, Arsenic Acid etc.), Radio Active Materials, Corrosives (Acetic Acid, Sulphuric Acid, Caustic soda etc.) or any hazardous chemicals defined under Chemical Accidents (Emergency Planning, Preparedness, and Response) Rules, 1996.
(2) Safety plans, procedures, instructions for Safe handling and storage of hazardous goods including the procedure for reporting accidents to proper officer of Customs and appropriate State Authorities shall be available.
(3) Safety sign boards, signals should be displayed conspicuously; safety instructions and procedures shall be made available at the premises and the staff handling the goods should be familiar with all the pictorial indications or stickers used in international trade such as International Maritime Dangerous Goods code, other domestic legislations to identify hazardous goods.
(4) The premises should be equipped with adequate fire fighting apparatus, such as Fire extinguishers, Fire Hydrants, Fire Pumps, Fire hoses, Fireman outfits, Co2 fix systems. Further, in order to protect the premises against fire hazard, it would be necessary that fire preventive equipments such as automatic Fire detection and alarm system, Fire control plan, Nozzles, Smoke detectors, Temperature detectors, automatic sprinkler systems, sand boxes, emergency lighting system, water supply outlet, fire exit etc are also provided. General facilities such as ventilation, electricity system, emergency exit etc. shall also be provided. In addition to these, the premises and surrounding area shall be well illuminated, duly protected with spark arresters. ‘No smoking’ signals should be properly displayed in the premises and the provisions banning smoking in public places as per Section 4 of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, shall be enforced.
(5) The space allocated for storage of hazardous cargo within the premises should be of proper construction including appropriate heat or fire resistant wall, RCC roofing, flooring. Such area shall be situated at a minimum distance of 200 meters away from main office, administrative, customs office building so that the storage of hazardous cargo is in such a manner that it does not endanger the people working in the premises. Further, the open space, provided for movement, total covered area for storage of containers shall be in such manner that they do not hinder movement of persons, evacuation of goods in case of emergency. The premises used by CCSP for storage of hazardous cargo shall also fulfil the standards or norms prescribed, in National Building Code of India (Part 4 – Fire and Life safety specify the requirements for fire prevention, life safety in relation to fire and fire protection of buildings necessary to minimize danger to life and property from fire) or by the concerned State/ Central Governments for fire safety.
(6) The material handling equipments including cranes, lifts, hoists, reach stackers, tractors, trucks and other vehicles for movement or transport of goods and other machines used in the premises for handling of cargo shall be in conformity with the safety standards prescribed for such equipments.
(7) The Custodian shall provide appropriate Contingency plan to handle emergency situation when there is an immediate danger to personnel, cargo or other infrastructure in the premises; Further the custodian shall provide acquaintance or training of their staff for proper implementation and to comply with these contingency plans, maintenance & readiness of all the equipments.
(8) The Custodian shall provide Medical First Aid Kits within the premises; he shall provide appropriate emergency medical services in case any person comes into contact with hazardous/ dangerous goods.
(9) The security and safety of the premises shall be assigned to specified persons working
therein so that necessary services in case of emergency such as fire fighting, fire brigade, fire tenders shall be obtained in time to prevent, control and extinguish fire.
(10) Handling of hazardous cargo within the premises, transportation of hazardous cargo between the premises and port terminals or other authorized places is secured through authorized vehicles with proper safety indications.
(11) The provisions of the Hazardous Waste (Management, Handling, Trans boundary) Rules, 2009 and the Manufacture, Storage and import of Hazardous Chemical Rules, 1989 and other relevant rules and regulations prescribed by the Government shall be adhered to in respect of storage and handling of such goods.
(12) The Custodian shall provide appropriate procedure for receipt, handling, delivery of hazardous cargo in such a manner that the same does not hinder the movement of general cargo or endanger the safety and security of the premises.
(13) The aforesaid guidelines have been provided in order to ensure that the CCSP receiving, storing, dispatching or otherwise handling of imported goods and export goods of hazardous nature at the approved premises is handled in safe and secure manner. The CCSP who intend to store hazardous cargo or hazardous cargo along with other general cargo at their premises, may apply to the jurisdictional Commissioner of Customs with the requisite particulars so that the same may be verified for compliance in terms of Regulation 10 (2).
