BIOMEDICAL WASTE MANAGEMENT

RULES AND REGULATIONS

With the endowed protection to environment under the Constitution and certain other specific
statutes, all the persons, be it natural or legal owes a duty to conduct themselves in such a
manner that their act or omission should not pollute the environment.

Article 48A of the Indian Constitution, which is a Directive Principle of state policy ;enjoins the
State to make endeavor for protection and improvement of the environment. This article was
inserted by 42ndAmendment Act, in force with January 3rd 1977.

Apart from this Article 51-A(G) also inserted by the 42nd Amendment Act 1976 states that
“it shall be the duty of every citizen of India to protect and improve the natural environment
including forests, lakes, rivers and wildlife and to have compassion for living creatures.

A brief list of the statutory protection to environment is as below:

 The Bio-medical waste (Management and handling) rules, 1998

In 2016, the Government of India decided to publish a new set of rules, Biomedical Waste
Management Rules, 2016, supervening the old one with various changes and additions in order
to improve the collection, segregation, treatment, and disposal facilities of these biomedical
waste.

Applicable to: All persons who generate, collect, receive, store, transport, treat, dispose, or
handle bio medical waste in any form.

Not applicable to: • Radioactive wastes,(AEA,1962) • Wastes covered under the Municipal
Solid Waste Rules, 2000 • Lead acid batteries, • Hazardous wastes • E-waste, •
Hazardous microorganisms
Bio-Medical Waste Rules 2016: DUTIES OF OCCUPIER

 To provide a safe, ventilated and secured location for storage of segregated Bio-Medical
Waste within premises. Phase out use of chlorinated plastic bags, gloves and blood bags
within two years from the date of notification of these rules.

 Provide training to all its health care workers and others involved in handling of bio
medical waste Immunization against Hepatitis B and tetanus for workers. Establish a Bar-
Code System for bags or containers containing bio-medical waste to be sent out of the
premises.

Bio-Medical Waste Rules 2016: DUTIES OF OPERATOR

 Report major accidents and remedial measures to State Pollution Control [Link]
timely collection of BMW from healthcare facilities. Handing over of recyclable waste to
after treatment by autoclaving and incineration.

 Establish bar coding and GPS for handling within one year Assist health care facilities in
training of workers Upgradation of existing incinerators and achievement of standards for
secondary chamber.

TREATMENT AND DISPOSAL

No healthcare facility shall setup onsite Bio-Medical Waste treatment facilities if a Common
Bio-medical Waste Treatment Facilities (CBMWTF) exists within 75 kms of distance.
PUNISHMENTS

As per the new guidelines under Biomedical Waste Management Rules, 2016, all healthcare
units handling medical waste in any form must pre-treat it onsite through disinfection or
sterilization process, failure to which can lead to imprisonment of five years or fine of Rs 1 lakh
or both.

Also, all healthcare facilities should display their authorization issued by Delhi Pollution Control
Committee so that public can verify it. Failure to comply with provisions of the rule will attract
penal action as per provisions of Environment (Protection) Act, 1986, which includes
imprisonment of five years or a fine of Rs 1 lakh or both, it said.

CHALLENGES/DISADVANTAGES IN IMPLEMENTING THE RULES

The major challenge in the face of the implementation of the Rules is the lack of funds for the
small hospitals. Though rules have provided different methods for the treatment of waste,
following all such methods would be difficult in the city hospital.

Another issue of delay in making payments to the private contractor especially by the
government-controlled hospital which results in non-collection and piling up of waste with
overflowing storage and which adds to the risk to the surrounding environment.

Despite having a specific provision, the law may not be able to monitor the hospitals completely.
The process of identifying the unlawful disposal and the disobeying disposer is not an easy task
as people often mix the bio-medical waste with general waste and dispose of it in the local
dustbins. This is one of the major concerns for the authorities.

Inadequate training in proper waste management is also one of the major issues faced in
implementation of the [Link] lack the awareness of the impact of biomedical waste adds to
the difficulties. This requires the respective authorities to take action and bring social awareness
about the impact of illegal disposal of bio-medical waste on human health and the environment.
IMPACT OF BIOMEDICAL WASTE ON ENVIRONMENT AND HUMAN HEALTH

ON ENVIRONMENT:

 Treatment and disposal of healthcare waste may pose health risks indirectly through the
release of pathogens and toxic pollutants into the environment. The disposal of untreated
health care wastes in landfills can lead to the contamination of drinking, surface, and
ground waters if those landfills are not properly constructed.

 The treatment of health care wastes with chemical disinfectants can result in the release
of chemical substances into the environment if those substances are not handled, stored
and disposed in an environmentally sound manner.

HEALTH RISKS:

Health-care waste contains potentially harmful microorganisms that can infect hospital
patients, health workers and the general public. Other potential hazards may include
drug-resistant microorganisms which spread from health facilities into the environment .

References

 [Link]
 [Link]
#Challenges_in_the_implementation_of_the_rules
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regulations-initiatives-and-awareness/
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