The Bio Medical Waste (Management and Handling) Rules 1998 | Environmental Law - CLAT PG PDF Download

Introduction

Biomedical waste is potentially infectious waste generated from biological and medical sources. It includes discarded items such as sharps, unused medical supplies, and laboratory waste containing restricted biomolecules or organisms.

Discarded sharps are considered biomedical waste regardless of contamination due to their potential to cause injury and infection. Examples of biomedical waste include:

• Discarded blood
• Sharps
• Unused microbiological cultures
• Body parts
• Human or animal tissue
• Used bandages and dressings
• Discarded gloves
• Laboratory waste with similar characteristics

Biomedical waste is generated from activities such as diagnosis, treatment, and prevention of diseases, with common producers including hospitals, clinics, laboratories, and home health care. It is distinct from normal trash and other hazardous waste types.

Risk of Biomedical Waste to Human Health

• Disposing of biomedical waste poses environmental risks due to its potential to spread infectious diseases.
• A report by the U.S. Agency for Toxic Substances and Disease Registry in 1990 indicated that the general public is unlikely to be harmed by biomedical waste from traditional healthcare settings.
• However, there are risks of injury and exposure for healthcare workers and sanitation workers who handle medical waste.
• Improper disposal can also lead to the public encountering medical waste, such as discarded needles.
• Proper management and disposal of biomedical waste are crucial to protect the environment, the public, and workers, especially those in healthcare and sanitation.
• The management process includes generation, accumulation, handling, storage, treatment, transport, and disposal of biomedical waste.

On-Site Versus Off-Site

• Disposal can occur off-site, meaning at a different location from where the waste is generated. Treatment of biomedical waste can happen either on-site or off-site.
• On-site treatment of large quantities of biomedical waste typically requires expensive equipment and is usually cost-effective only for very large hospitals and major universities that have the necessary space, labor, and budget.
• Off-site treatment and disposal involve hiring a biomedical waste disposal service, also known as a truck service. These services are trained to collect and transport biomedical waste in special containers, such as cardboard boxes or reusable plastic bins, to facilities equipped to handle biomedical waste.

Generation and Accumulation

Generation and Accumulation

• Biomedical waste should be collected in leak-proof and sturdy containers to prevent breakage during handling.
• Containers are marked with a biohazard symbol and are often red.
• Discarded sharps are collected in specialized boxes called needle boxes.
• Specialized equipment is required to meet safety standards set by OSHA and EPA.
• Minimal recommended equipment includes a fume hood and primary and secondary waste containers to prevent overflow.
• Containers with chemical contaminants should remain closed when not in use to prevent evaporation of harmful chemicals.
• Proper waste management equipment, such as the Burkle funnel and ECO Funnel, should be used to protect health and safety.
• Waste should be dumped after treatment.

Handling

• Handling involves the manual movement of biomedical waste between the point of generation, accumulation areas, storage locations, and on-site treatment facilities.
• Workers handling biomedical waste should observe standard precautions to ensure safety.

Treatment

• Incineration: Biomedical waste is often incinerated to destroy pathogens and sharps. The resulting ash does not contain recognizable source materials.
• Autoclaving: An autoclave uses steam and pressure to sterilize biomedical waste or reduce its microbiological load to a safe level. Healthcare facilities frequently use autoclaves to sterilize medical supplies.
• Chemical Disinfection: For liquids and small quantities, a 1-10% bleach solution or other chemical disinfectants like sodium hydroxide can be used, depending on the waste's characteristics.
• Other Treatment Methods: These include heat treatment, alkaline digestion, and microwave treatment. Shredders may be used as a final step to make waste unrecognizable.

Bio-medical Waste (Management and Handling) Rules, 1998

• The Bio-medical Waste (Management and Handling) Rules, 1998, regulate the management of bio-medical waste in India.
• Each state's Pollution Control Board or Committee is responsible for implementing these regulations.
• Occupiers of institutions generating biomedical waste must ensure its handling without adverse effects on human health and the environment.
• Biomedical waste must be treated and disposed of according to schedules attached to the Rules.
• Occupiers are required to set up treatment facilities or ensure treatment at a common waste treatment facility.
• Biomedical waste should be segregated at the point of generation and not mixed with other wastes.
• Untreated biomedical waste must be transported in authorized vehicles and stored for no more than 48 hours.
• The municipal body is responsible for picking up and transporting segregated non-biomedical waste and treated biomedical waste for disposal.
• Local bodies must provide suitable common disposal or incineration sites for biomedical waste.
• Schedule I of the rules outlines categories of biomedical waste and their treatment and disposal methods.

Categories of Biomedical Waste

• Human Anatomical Waste: Tissues, organs, and body parts.
• Animal Waste: Waste from animals used in research and veterinary hospitals.
• Microbiological and Biotechnology Waste: Waste from lab cultures, stocks, specimens of microorganisms, and production of biologicals.
• Waste Sharps: Used or unused needles, syringes, scalpels, blades, and glass.
• Discarded Medicines and Cytotoxic Drugs: Unused or expired medications and drugs.
• Solid Wastes: Items contaminated with blood and body fluids, including dressings, linen, and bedding.
• Disposable Item Solid Wastes: Items like tubing, catheters, and i.v. sets.
• Liquid Waste: Waste from cleaning, housekeeping, and disinfection activities.
• Incineration Ash: Ash from the incineration of biomedical waste.
• Chemical Waste: Chemicals used in the production of biologicals and disinfection.

Legal Precedents Related to Environmental Protection

• In various legal cases, the Supreme Court of India has emphasized the importance of protecting the environment and public health.
• The Court has intervened to prevent environmental degradation and ensure compliance with environmental laws.
• In cases like Indian Council for Enviro-Legal Action v Union of India and Sushanta Tagore v Union of India, the Court upheld the right to a clean environment as part of the right to life under Article 21 of the Constitution.
• The Court has directed authorities to take necessary actions to prevent pollution and protect the ecological balance.
• In cases involving solid waste management, the Court has emphasized the need for proper waste treatment and disposal to safeguard public health and the environment.

Conclusion

• Environmental protection and management of solid waste are crucial for ensuring public health and preserving nature.
• Legal frameworks and judicial interventions play a vital role in enforcing environmental regulations and promoting sustainable practices.
• Awareness and adherence to environmental laws are essential for safeguarding the environment and improving the quality of life for present and future generations.