Safety audit of CFS storing and handling hazardous goods - Customs - Public Notice No: 129/2020

OFFICE OF THE COMMISSIONER OF CUSTOMS, GENERAL, CCSP CELL, JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA, TAL- URAN, DISTRICT- RAIGAD, MAHARASHTRA 400 707. F. No. S/5-Gen-47/2019-20 CCSP Cell Date: 07.10.2020 Public Notice No: 129/2020 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 4/2011-Cus dated 10.1.2011, 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