The OSHA defines hazardous materials as any substance or chemical which is hazardous to people’s

health or is physically hazardous. Hazardous material usually have one or more of the following
traits: ignitability, reactivity, corrosivity and toxicity.

The OSHA under Section 83 provides for handling of hazardous material that where may be escape
of dust of a character and to an extent liable to explode on ignition, as a result of grinding, sieving or
any other process which gives rise to dust, all practicable steps shall be taken to prevent the
explosion.

In the case of Wilson and clyde coal Co. Ltd v English, the House of Lords decided that an employer
had a duty of care to ensure a safe system of work and should take all practicable steps to ensure
safety of his employees.

In the Deep Horizon Case, there was an explosion on the deep water oil rig. On the night of April 20th
2010, natural gas blasted through the concrete core, the gas travelled through the fractured concrete
and it ignited killing 11 workers and injuring 17. Although British Petroleum (BP) attempted to
activate the blowout preventer, the device malfunctioned. Court held that British Petroleum was
liable for it hadn’t taken all practicable steps to prevent the explosion.

The OSHA under section 83 provides for the steps to be taken to prevent the explosion as;

• By enclosure of the plant used n the process

Where there is dust of a character and an extent liable to explode on ignition, in a plant used in a
process, unless the plant is constructed to withstand the pressure likely to be produced by an
explosion, all practicable steps shall be taken to restrict the spread and effects of the explosion by
the provision of chokes, baffles and vents, or other equally effective appliances, to the plant.

Any plant, tank or vessel which contains or has contained any explosive or inflammable substance
shall not be subjected to any welding, brazing or soldering operation or to any cutting operation
which involves the application of heat, until all practicable steps are taken: to remove the substance
and any fumes arising from it and to render them non-explosive or non-inflammable.

Where any plant, tank or vessel is subjected to an operation, no explosive or inflammable substance
shall be allowed to enter the plant, tank or vessel until the metal has cooled sufficiently to prevent
any risk of igniting the substance.

Toxic materials or substances shall only be used where the use of a non-toxic material or substance is
not reasonably practicable. Where toxic materials or substances are present or used, the number of
employed persons exposed to risk shall be kept to a minimum and where there is a recognised
antidote, supplies of the antidote shall be kept readily available.

In any premises where there are operations to which the OSHA applies, nothing shall be done to or
in connection with toxic materials except under an efficient exhaust draught system. An exhaust
draught system shall be constructed, placed and maintained, to prevent the escape into the air of
toxic materials of a character and to an extent liable to be a danger to the health of employed
persons.

In case where toxic materials or substances are manufactured, handled, used or stored, the
Commissioner may serve upon an occupier or employer, a notice requiring him or her to provide
additional bathing facilities including showers, where practicable, arrange for periodical medical
examination and provide additional protective clothing.

Where work has to be done inside a confined space; the confined space shall be provided with
adequate means of exit and a person shall not enter the confined space for any purpose, unless all
practicable steps are taken to remove any fumes and, unless it is ascertained by a suitable test that
the space is free from dangerous fumes and the person wears a belt to which there is securely
attached a rope of which the free end is held by a person outside or the person entering wears a
suitable breathing apparatus.

Section 2 of the OSHA defines a confined place to meanany chamber, vat, pit, pipe, flue, tank, drain,
sewer, still, tower or any other confined space (other than a steam boiler) where there may be a
concentration of dangerous fumes, toxic materials or substances, harmful liquids or lack of oxygen,
that cause danger to the health of an employed person.

This was elaborated on more in the case of Marsall v Gotham (1954) The case concerned the
collapse of a mine roof which had been subjected to earlier tests but which collapsed due to a rare
geological fault.

However, the evidence also showed that after the accident, additional precautions were taken in the
area near the accident: a hydraulic prop was used unless the roof was thought to be thin, in which
event that area was bypassed. The plaintiff argued that it would have been reasonably practicable for
the defendants to use props (as they did after the accident). The trial judge found no negligence at
common law, but ruled in the plaintiff’s favour on the statutory claim, reasoning that hydraulic props
should have been used before as well as after the accident.

The Court of Appeal unanimously reversed, on the ground that because the risk was not reasonably
foreseeable it was not reasonably practicable to guard against it. As Jenkins, L.J., explained, “it
cannot fairly be said to be ‘reasonably practicable’ to guard against a contingency that could not
reasonably have been foreseen, inasmuch as its occurrence would be contrary to all previous
experience.”

CHEMICAL SAFETY AND SPECIAL PROVISIONS

Section 2 of the OSHA defines a chemical substance as any natural or artificial substance intended
for use in any physical state whether gaseous, liquid or solid and in particular includes, pesticides,
fungicides, fumigants, herbicides, wood preservatives, fertilizers, growth control chemicals, industrial
chemicals, laboratory chemicals, solvents, pharmaceuticals and food preservatives and food
additives.

An employer shall take general preventive measures including administrative and technical measures
to prevent or reduce the contamination of a work environment to the lowest possible level, or where
appropriate, at least to the levels specified by the exposure limits prescribed by the Commissioner.

In the case of Juma Asile v NYTIL, an accident had occurred involving Asile a laboratory assistant
who was mixing sulphuric acid and using new containers for purposes of some industrial process. In
the process the container collapsed, the mixture of acid poured on the floor and his boots and as he
tried to avoid it he fell into it and was later hospitalized for two months. At the time of the accident
he was in fact wearing protective clothing provided by the company. The judge in deciding the case
laid down guiding principles on the employers duty and liability, namely;
 • Whenever possible, hazardous substances shall be replaced by harmless or less harmful
substances
• Operations likely to result in contamination of the work environment by hazardous
substances shall be isolated from the remainder of the premises to reduce the number of
people exposed.
• Processes which involve a significant risk of exposure to very hazardous substances shall, as
far as is reasonably practicable, be performed within an enclosed system, to prevent any
contact between the hazardous substance and any person.
• Direct contact with hazardous substances shall, as far as is reasonably practicable, be
avoided by the use of automatic processes or by remote control systems.
• Only duly authorised and adequately trained workers shall participate in dangerous
operations and their training shall be upgraded at suitable intervals.
• When circumstances make it necessary for a worker to enter an atmosphere contaminated
by a harmful concentration of a hazardous substance, the worker shall be made fully aware
of the hazards and shall be provided with and wear appropriate protective equipment.
• An employer shall ensure that the packages of a hazardous chemical delivered to the
workplace, are labelled and that the appropriate chemical safety data sheet for the chemical
is delivered to the workplace.
• A list or register of the chemical safety data sheets shall be kept at the workplace.
• A copy of chemical safety data sheets and of the list of the safety data sheets shall be given
to the workers concerned and shall be availed to their representatives for consultation, at
any time.

The OSHA goes further to place an obligation on suppliers, manufacturers, importers or

• all chemicals are classified based on their characteristics including toxic, chemical or physical,
corrosive and irritant properties; and allergenic and sensitising, carcinogenic, teratogenic and
mutagenic effects as well as their effects on the reproductive system.
• the containers of all hazardous substances are marked to indicate their identity, to enable
persons handling or using them to recognise and distinguish between them when receiving
them and when using them, so that they are used safely.
• the containers of all hazardous substances are labelled in a uniform manner with legible,
durable labels which are easily understood by workers and other persons and that labelling is
in accordance with United Nations labelling system.