Double Standards in the Bhopal Disaster - Dissertation Example

The Bhopal Ethical Case Business ethics is a program established to lay out standards and procedures that ensure the prevention of violations that might occur out of the activities of the enterprise. The program and the procedures are aimed at establishing good relations with the residents in which the industry is situated and also safeguard the safety of its workers. Additionally, the program identifies any unethical practices that the business may engage in either voluntarily or by accident. More particularly, the program contributes economic health in the community in which the business operates. It ensures therefore that it produces safe products and disposes off its hazardous waste in a containment that cannot come into contact with human beings and the entire living environment (Castleman, 1985). Furthermore, the environmental rules and regulations of a government are identified by such a program in an attempt to protect the residents of the location. The social accountability international has the mandate to oversee the implementation and the observation of the social standards. The global compact organization established by the United Nations has brought the corporate world together in to ensure that human rights are observed. Multinational companies have a moral responsibility not to cause harm to the public and actually establish welfare with the community (Castleman, 1985). This paper is dedicated to analyzing the Bhopal incident that occurred in India and will be biased towards ethical and unethical practices that are associated with the event. Events Leading to the Bhopal Accident The Union Carbide India Limited (UCIL) was established in 1969 with the Union Carbide Corporation (UCC) owning the majority of shareholding of about fifty one percent while the rest belonged to public and private investors. The main aim for its establishment was to produce pesticides that would meet the demand in the agricultural country. The MIC plant was introduced in 1979 as an intermediate in carbaryl manufacture which is more hazardous than other materials used in the manufacture of the same pesticides (Weir, 1987). In December third in 1984, a toxic gas referred to as methyl isocyanate commonly referred to as MIC and other toxins leaked out of the Union Carbide India Limited. The firm is known for the manufacture of pesticides and has several plants all over the world been a subsidiary of the Dow Chemical Company. That night, the plant in Bhopal, Madhya Pradesh in India suffered a leakage resulting to the exposure of more than half a million people. According to government reports at present, the death toll arising from this disaster is estimated over fifteen thousand today. Other reports have variable figures depending on the date of collection of their information (Weir, 1987). At that time, Bhopal was the capital of Madhya, it had a high population been estimated to about seven hundred thousand inhabitants. The particular tank containing the MIC was designated number six hundred and ten. Out of the people exposed to the toxic substance, two hundred thousands were children below fifteen years. About eight thousands deaths were recorded within the first weeks of the disaster comprising of three thousand children below the age of fifteen. Additionally, it caused permanent injuries to about one hundred and fifty survivors (Weir, 1987). Since then, more than three hundred and ninety tons of toxic gases abandoned at the site continue to leak and contaminate the ground water and subsequently affected Bhopal residents. Several criminal and civil cases on the tragedy are ongoing and give a glimmer of hope to the survivors and justice for the diseased though much has not been accomplished. The most surprising fact on the tragedy is that the Union Carbide boss was aware of the hazards subsequently fixing the problem in the US while neglecting the Bhopal plant in India (Dhara, 2002). The issue of neglect is well highlighted in this scenario where the management had forehand information on the properties of MIC and its handling requirements and yet did nothing to prevent the occurrence of such a calamity. On the dreadful night, the tank containing forty two tons of MIC leaked and large amounts of water entered the tank. Due to an exothermic reaction, temperature increased raising the temperatures to over 200oC. Pressure increase resulted to a level which the tank could not hold leading to a release of toxic gases into the environment. The gas caused severe effects to the lungs resulting to a burning sensation to many people in the city of Bhopal (Dhara, 2002). The Plant Production Process The trademark for the pesticide produced by the company was Sevin the brand name for carbaryl. MIC was used as an intermediate in the production which at that time it was imported from the United States. Other companies like Bayer produced carbaryl without using MIC due to its hazardous effects but at greater manufacturing costs. The methyl isocyanate was formed by reacting methylamine with phosgene. The formation of carbaryl which was the final product was formed by the reaction of MIC with 1-naphthol. In other processes that do not involve MIC, phosgene is reacted with naphthol forming chloroformate which is finally reacted with methyl amine (Dhara, 2002). Possible Causes of the Accident Poor maintenance and leaking valves were sighted as the main causes for the leakage though other researchers sight the possibility of sabotage by a disgruntled worker. Several other factors have been highlighted to contribute to the gas lead. First, the use of hazardous chemicals while other options of less hazardous chemicals existed in the manufacture of MIC illustrated the neglect factor on the cause of the disaster. As previously highlighted, the knowledge of the hazardous effects of the substance should have triggered the establishment of necessary measures to prevent the event of a disaster (Dhara, 2002). Secondly, the decision to use large tanks instead of steel drums that are resistant to leakages and explosion due to pressure was unethical. Any entity producing harmful chemicals have the duty to protect the occurrence of any event that can cause harm to the society. Additionally, the possibility of corroding materials in the pipeline and the poor maintenance after the plant stopped production in the 1980s could have contributed to some extent to the disaster. The management decided to switch off safety systems to cut down its expenditure including the MIC refrigeration system which was capable of preventing the disaster (Dhara, 2002). As a maintenance procedure, a gas scrubber was relevant to neutralize any escaping MIC but this has been shut down. Additionally, a system known as a flare tower which was relevant to burn off any MIC escaping the scrubber had a defect and had to be shut down. Further, the steam boiler that was responsible for the cleaning of the pipes was not working due to unexplained reasons. The use of carbon steel valves that were reactive with acid still continued in the factory despite the knowledge of the corrosive effects. Despite the knowledge of the existing potential hazards due to the shanty towns surrounding the firm, the management ignored to inform the public on the threat of a disaster. The location of the hazardous plant in a densely populated area was another poor management system and moreover the establishment of slum colonies around it created an ethical issue. The incorporation of safety features in such an area and the dependent on manual operations for the same clearly depicts the unwillingness to safe guard the environment. Moreover, in an attempt to increase their revenue without regard to the welfare of people, the firm employed unskilled operators who would not handle foreseeable crisis. In the event of an emergency, the firm had established a loose course of action but this was not the case with the other plants in the US. The decrease in the demand of pesticides in India reduced the income of the company and the therefore reason for personnel turnover. Further, safety devices were out of commission and large amounts of water entering the MIC tank had been noted to course leakages. The lack of safety standards and maintenance procedures lead to the arising of ethical issues. On the other hand, the Indian government failed to enforce safety and environmental laws and regulations. Poor Working Conditions and Internal Accidents Between 1978 and 1979 about twenty engineers of UCIL were airlifted to UCC in the United States for training in operation of the plant and safety. After their training, the UCC engineers moved to UCIL to jump start operations in the plant. They reported several deficiencies in the safety measure established and made recommendations. They specifically advised on the development of a contingency plan that would aid in alerting and the subsequent evacuation of the nearby population in the event of a massive gas leak. In the following year an inspectorate engineering team of UCC revisited the plant and made the same suggestions (Dhara, 2002). While any company ensures the safety of its workers and good remuneration, in an attempt to reduce its expenses, poor working conditions could not allow the proper running of the firm. Stringent quality control measures and the looser safety rules meant that in the event of a pipe leakage, the pipes could not be replaced. The halting of promotions drove the skilled workers elsewhere while the semi skilled and the unskilled were left to run the firm. The workers turn over extended to an extent that the number of supervisory and operators personnel reduced by half. More surprisingly, there was no supervisory maintenance during the night shifts which means that the management was irresponsible in containing a disaster (Dhara, 2002). Before the accident, several other minor accidents had been reported within the plant relating to MIC. Two trade unions in 1976 went into rampage sighting it to pollution within the plant. Secondly, in 1981 a worker died of inhalation of phosgene gas after removing his mask due to panic from splashes from the chemical. One year later, twenty four workers were exposed to the same chemical and admitted for medical assistance. At this time, the safety of workers within the plant became questionable. Additionally, an MIC leak affected eighteen workers and more specifically, an MIC supervisor suffered burns and two other workers were exposed to the gas. Regular leakages of the various components for the manufacture of MIC were reported and less or nothing was done to prevent future leakages or disasters (Ingrid, 2010). Aftermath of the Disaster The UCC have since distanced itself from the responsibility of the gas leak and therefore shifting blame to the UCIL. The mother company UCC claimed in the court proceedings that the Indian subsidiary should be held responsible as in was an entity on its own. This not working, UCC shifted the blame again to unmentioned disgruntled employees and sighted the possibility of them causing the sabotage. Following the tragedy, a multi-billion dollar lawsuit was filed in the US by an American attorney. Since then, the ethical implications of the disaster and the victims have largely been ignored. The Indian government on the other hand through an act of parliament enacted the Bhopal Gas Leak Disaster Act. This move was to ensure that the claims from the accident were dealt with fast and equitably (Ingrid, 2010). In 1956, the Indian government adopted the Companies Act which required foreign companies willing to start business within the country to register themselves as separate entities. This is the clause that the UCC was revolving around so as to exonerate itself from the afflictions caused to the community. A new master plan for the city of Bhopal was established in 1975 aiming to move all the hazardous industries fifteen miles away from the town center. This required the UCIL industry to relocate to the hazardous zone but barely an year after, the Country Planning Board of Pradesh town erroneously categorized UCIL a general industry thus allowing the plant to remain is site (Alok and Zahreeli, 1996). The sole representative of the victims became the Indian government by virtual of the Act in all the legal proceedings within and outside the country. As the proceedings continued, an American judge placed the case within the Indian jurisdiction to the disadvantage of both parties. In the Indian Supreme Court, the UCC accepted moral responsibility and agreed to give four hundred and seventy US dollars as compensation to the victims. The figure was arrived on the claim that three thousand deaths were recorded and one hundred and two permanent disabilities occurred. A seven percent decrease in the UCC share price was reported in the stock exchange. By the year 2003, almost all the victims had been compensated according to the Bhopal Gas Tragedy Relief and Rehabilitation Department and more particularly the average amount to the deceased families was two thousand and two hundred (Alok and Zahreeli, 1996). Reports had it that the UCC had attempted to alter and manipulate the data to the disadvantage of the victims. More surprisingly, the company has never disclosed the component of the toxic fog that swathed the city on the horrible night. Degradation of MIC leads to the formation of hydrogen cyanide (HCN) which is blamed for the effects observed in the victims. This is the only evidence that the MIC must have exothermically reacted with water to produce the fog. The blood of the victims turned cherry red supporting the fact that cyanide must have been a component of the compound. Instead of issuing the real component of the killer substance, UCC recommended the use of sodium thiosulfate but later withdrew the statement prompting suggestions of their cover up of the presence of HCN in the gas leak. As expected, the UCC denied the involvement of HCN in the gas leak and this was left to researchers to verify (Fortun, 2001). From the proceedings, it emerged that in undertaking a hazardous activity in such a highly populated domain the company was strictly liable for the injury that was caused by such an activity, regardless of whether the harm occurred through negligence or an accident. Further, the company was negligent in the designing, construction and maintaining of the plan and thus failing in its duty of care to protect the public from any damages that would have occurred (Fortun, 2001). Hazardous Waste Damping The firm had many issues prior to the event of the disaster and this included poor plan of disposing their production wastes. Former workers have mentioned that most by products were routinely dumped in and in the vicinity of the factory causing soil pollution. According to a recent survey, the areas of dumping have been estimated to about 6.4 hectares. Storage tanks on the other hand contribute to soil contamination to date. The hazardous dumping not only caused soil pollution but also caused water sub surface pollution. With a population of more than one million and two hundred residents and the soil pollution, it is therefore important to examine their source of water (Fortun, 2001). Water Contamination Since the disaster, the UCIL failed to take the initiative to completely clean up the entire compound. Actually majority of people living in its suburbs are suffering exposure to the toxic substances that were abandoned. According to researchers at the site, the substances are persistent to degradation and unless an appropriate corrective action is taken, the effects of the disaster will continue to haunt the residents. Abdominal pain, headaches and variable symptoms have been recorded from patients after drinking water from the area (Fortun, 2001). Human Rights on Industrial Health After the incidence, the permanent Peoples’ Tribunal on industrial Hazards and Human Rights in Bhapol in 1991 came up with the charter on industrial hazard and human rights. According to article eight of the charter, all persons have the right to a living environment free from hazards including the production, distribution and disposal of hazardous materials. It also stipulated that any person has the right to raise a viable complaint against any industrial activity that they believe is hazardous. In the event that the hazard cannot be eliminated, safety measures should be taken to protect the residents as much as possible (United Nations, 2003). The right to environmental information was also established which declared that all persons should be given reasonable notice on such an occurrence. The information to establish or expand a hazardous industry in a location should be accessed by the residents and the entire community and any other non-governmental organizations. Persons were empowered by the charter to gain information on the safety records of any production enterprise that can affect their habitat. Moreover, the types and quantities of hazardous substances stored in the premises of a company should be made aware to the public and this supported by documents such as inventories and the precautions taken by the industry to contain it. On the same, workers carrying out duties within the industry and therefore coming into contact with hazardous materials have a right to a regular medical check (United Nations, 2003). The right to community education was also addressed because the majority of the victims in the disaster were illiterate. Any hazardous substances should be universally labeled and the residents educated on the meaning of the labeling styles. Majority of the Bhopal residents had no idea on the chemicals and the hazards there were facing and not until some victims developed signs that made them aware of the risk befalling them (United Nations, 2003). Conclusion It is clear that UCIL violated the human rights right from the right to information to the duty of not inflicting the residents. Safety precautions were ignored and with the knowledge of the hazard posed to the residents, no precautions were established or even a notice to plan the evacuation of the residents or the transfer of the substances to a safer location. This disaster remains to be a warning to many industries on their production to establish measures that will safeguard the lives of the public. Additionally, it should be noted that the company demonstrated a violation of the duty to care for its workers as indicated above. From the information gathered, it is apparent that the business was making losses and could not handle the safety system. Most particularly, the safety systems were faulty and most of the established barriers to the leakage were not working. The business on the other hand was more concerned on maximizing profits at the expense of exposing the environment and its inhabitants to a hazardous risk. Apparently, the workers were suffering the toxic effects of the chemicals and with this in mind; the business had no intentions of reducing the threat of a greater course. The holding of information on the exact substances that formed the cloud that night clearly stipulated the unethical intentions of the industry to deceive the public. While it was evident that the industry acted negligently, the constant deniability of the company for its responsibility was an ill motive to mislead the Bhopal residents. Further the shifting of responsibility from the mother company in the US and the Indian subsidiary clearly illustrates the lack of concern to the residents in the location of the disaster. To date, the actual compound that caused many deaths and permanent disabilities is not known. The establishment of the factory is such a densely populated area was not right and in itself ill driven. Having learnt and through series of advice from the mother company, the management declined from taking relevant actions. Moral irresponsibility in the part of the multinational corporations is quite evident from the above review. The violation of business ethics is rampant in this case and there is no single event to show dedication towards helping the society overcome its problems. Having established the company, the UCC had the supervisory role to inspect the activities of the subsidiary. Finally, the firm took advantage of the weak system of governance in India to achieve its selfish motives. The decline by the company to declare its hazardous status for relocation was deceiving and questions the ethical base of the company. Any establishment of a hazardous industry in any location should be critically monitored to prevent the occurrence of such a disaster in the future. Works Cited Alok, P.S.and Zahreeli, G.S. Charter on Industrial Hazards and Human Rights Eurolink Center Publishers, London, 1996. Castleman, B. The evidence of double standards in the Bhopal Disaster. Routledge and Kegan Publishers, London. pp. 213, 1985 Dhara, V.R. The Union Carbide India Ltd calamity in India and the health effects. The journal of Environmental Health Vol 3 pp 57. 2002. Fortun, K. Bhopal Aftermath. University of Chicago Press Publisher, Chicago. 2001. p. 259. Ingrid, E. (2010) The Bhopal Gas Disaster. Retrieved from: www.ingrid@eckerman.nu United Nations. International Business Ethics United Nations, New Delhi. 2003. Weir,D. Syndrome occurrence after the Bhopal disaster :An Article on Pesticides, Environment, And Health. Sierra Club Books Printers. San Francisco. 1987. Read More