HEALTH & SAFETY LEGISLATION COMPLIANCE ENFORCEMENT: A RECIPE FOR LOSS CONTROL.

By

Kingsley A. Unueroh

Being a Conference paper for presentation at the2014 ISPoN Professional Development

Conference /AGM holden @ Hotel Presidential, GRAPort-Harcourt.

Date: 23rd- 25th October 2014.Email: kunueroh@gmail.comMobile: 08028487246: 07036653255.

Health &SAFETY LEGISLATION COMPLIANCE ENFORCEMENT: A RECIPE FORLOSS CONTROL.Kingsley A Unueroh

Associate Member.ISPoN, Delta State Branch.Email: kunueroh@gmail.com

Mobile: 08028487246: 07036653255.ABSTRACTThe paper reflects on the myriad of challenges that is eminentconsequent on the recent passage of the ISPoN (Institute ofSafety Professionals of Nigeria) bill into law. These challengesare inter-alia: the competency gap, the issue of standard andlastly a clear legislative structure and framework to achieve thegoal of loss control which is the theme of this year’s PersonalDevelopment Conference.The paucity of Health and Safety statistical data and the lack ofan integrating National platform saddled with the responsibilityof receiving, collating, analyzing and presenting Health andSafety data on a national scale that could facilitate theevaluation of HSE performance of companies between and acrossindustries is noteworthy. It is this gap that this paper seeks tofill.Health and Safety statistical data are a result of workplaceincident/accident. Workplace accidents have been attributed toUnsafe Acts and Unsafe conditions as well as management, task,personnel, material and environment. Although given the valueand contribution of JSA/JHA skills in accident prevention or losscontrol, the pursuit of zero incident goal of some organizationis still an illusion, and painfully some of these incidents gounreported and consequently uninvestigated and no lessons learntfrom such incidents or accident.It is the author’s view that there is no better time than now forISPoN being the safety flag ship of the nation to rise to theoccasion and evolve a credible, proactive and realistic structure

that will serve to integrate and synthesize safety data acrossindustries and promote the wellbeing of the Nigerian worker whilethe industries celebrates the achievement of million manhours andgreat profit.

Keywords: Legislation, Compliance enforcement, Health and SafetyData, and Legislative framework.

1.0 Introduction/Background:Historical perspective in safety and Human Development Philosophyhave a pretty long history that could be traced far back to thebirth of human civilization.

Reflecting on the store age man (the caveman 1,000,000yrs), wecould see the hazards he had to contend with. Although with amono-political economy which is purely agrarian, man employed theuse of “low risk’, simple manually powered technology which wasreadily available. With these machines, it was possible toachieve energy transformation of mechanical technology, machinesusing fuel, electricity and flammable materials and high pressurefluid evolved, and with these technological improvements camehealth and safety risk to men.

The industrial man thus had access to machines of various ratingfrom a few watts to several MW, moving from crude and primaryenergy in form of fuel and electricity as it were tomachines/plants with hazardous zone and more complex system likethe fuel system, chemical system and high voltage system.

Table 1.0 Civilization and Safety Aspects

Civilization Remarks regarding use of machines and technologies and safety concerns

Cave man (<10,00,000years)

Personal safety from hostile animals andnatural hazards

Hunting Man(<1,00,000 years)

Personal safety from hostile animals andnatural hazards

Agriculture Man(<5,000 BC)

Only simple manually operated or animaloperatedtool, windmills, water wheels, bullock carts,ships with sails

Industrial Man (20th

Century)Steam Engine, IC EnginesElectrical generators/motorsPetroleum extraction and conversion, refiningsupply automobiles, rail aircraft’s marinevessels, gas turbines.Electric power systems, substations, lines,cables, domestic appliances

TechnologicallyAdvanced Man (21st

Century)

- Computers, Information Technology- Automatic Products and Systems- High per capital energy consumption- Large plants- High speed transport- Space travel- Automation.

1.1 Meaning of Safety Legislation:To achieve and sustain safety in human development which connotesa continuous healthy living without injury, the philosophy oflegislation was developed.The term safety has a plethora of meaning.At some point, it is freedom from harm or danger. It could alsobe seen as precautions people take to prevent accidents, harm,danger, damage, and or environmental pollution. It entails thecontinuous improvements in working condition for better health.

This benefits /deliverables of safety are a product of a processknown as legislation. Legislation may simply be defined as the process of making lawsfor the well-being of mankind. Health and Safety legislationtherefore is the process and practice of making safety relatedlaws for the wellbeing of the worker and regulate the operationsof industries.

Conceptual FrameworkBorrowing from the doctrine of separation of powers in governmentor political science literatures, we learn that government instratified along 3 arms, namely;

EXECUTIVESLEGISLATUREJUDICIARY

These 3 arms of government, (where they are established andfunctional is a major indicator and measure of development) areindependent and play complementary roles in the pursuit of humandevelopment.

The Executive arm of government is responsible for the day to dayrunning of the business of governance.

The legislature is the community of government that makes law forthe smooth and orderly survival of society/state while theJudiciary is the arm of government saddled with theresponsibility of interpreting the laws made by the legislativearm of government.

And like earlier mentioned above, these 3 arms of government havedistinct and separate powers conferred on them by theconstitution of the sovereign state, and where these arms ofgovernment operate with minimal frictions, then we are close to asystem of human organization or society that may be described asdeveloped.

Human government all over the world have safety programmesarticulated for coordinated action plan for the control ofhazards, protection of occupational health and safety of workerin all sphere of manufacturing, construction, mining, transportand industrial activities; and this plan has shared roles amongthese arms of government. Ditto:The Executives is represented by government agencies,entrepreneur and industrialist, company management, governmentofficials and professional organization.

The Legislature or Legislative arm is represented by the house ofparliament either at the Federal, State or Local council with astatutory mandate to make laws and exercise oversight functionsand lastly the Judiciary is those who interpret laws made by thelegislature. They operate in all the types and hierarchy ofcourts. It is pertinent to state that the role of legislation is toinduce responsible attitudes and behaviours towards theenvironment, the workplace and worker’s safety. Legislationtherefore serves as an effective instrument for environmentalprotection, planning, pollution, prevention and control.

1.2 HSE Compliance and Enforcement

Fairman (2004) have argued that many of the steps in the compliance decision process are not made internally and independently by small and micro businesses but are influenced byexternal factors. Fairman’s postulation was based on Henson & Heasman’s “Compliance Process Model”. According to the ComplianceProcess model, many industries or organizations display a lack ofsafety knowledge and skill. This lack of knowledge and awareness of hazards on the job coupled the unsafe behavior on the part of workers without an external influence that could precipitate proactive efforts from management, safety procedure and worker’s welfare and wellbeing will be undermined. He further argued that without the external factors, the primary motivation to improve safety conditions and minimize damage to the environment and violation to laws and regulations cannot be without external currents such as personal contact with enforcement

agency/institution. The reliance of industries and business on the external factors (the enforcers) to identify and direct compliance decisions is therefore the basis for legislative actions. This is the synopsis of the compliance decision process.

Henson & Heasman (1998) developed a compliance process model thatdescribes the decision-making process carried out within a business when faced with a legislative requirement. The premise for their analysis of the compliance process within companies wasbased on works of French et al. (1991) ‘on understanding the response of companies to regulation’. Henson and Heasman (1998) based their model on a questionnaire survey of food business (67 responses) that was then developed into 24 interviews with technical directors. Their model of the compliance process is shown in table 2.0.Table 2.0: The Compliance Process Model (Source: Henson and Heasman, 1998)

Henson and Heasman used the model to analyze small and medium scale enterprise. It describes part of the work being carried out

on behalf of the FSA on evaluating enforcement interventions in SMEs. Table 3.0: The Compliance Process Model (Source: Henson and Heasman, 1998)

The compliance process model for SMEs is shown in table 3.0. It also indicates the main actors in the process and types of intervention that may influence decision-making.

1.3 Some Safety and Environmental Legislation in Nigeria: Below is some notable legislation in Nigeria compiled by the Environmental Law Research Institute, (2011), namely: -           The Constitution of the Federal Republic of Nigeria (1999)   -           National Environmental Standards and Regulations   Enforcement Agency (NESREA) Act

-           Environmental Impact Assessment Act-           The Land Use Act-           Harmful Waste (Special Criminal Provisions) Act-           Hydrocarbon Oil Refineries Act-           Associated Gas re-injection Act -           The Endangered Species Act -           Sea Fisheries Act -           Exclusive Economic Zone Act -           Oil Pipelines Act -           Petroleum Act -           Petroleum Products and Distribution (Management Board) Act -           Territorial Waters Act -           Nuclear Safety and Radiation Protection Act-           Nigerian Mining Corporation Act -           Quarantine Act -           River Basins Development Authority Act -           Pest Control of Production (special powers) Act -           Agricultural (Control of Importation) Act -           Animal Diseases (control) Act -           Bees (Impact Control and Management) Act -           Civil Aviation Act-           Factories Act -           Water Resources Act   -           Hides and Skins Act-           Federal National Park Act-           Niger-Delta Development Commission (NDDC) Act.

1.31 HARMFUL WASTE (SPECIAL CRIMINAL PROVISIONS) ACT (CAP H1, LFN 2004)The Harmful Waste Act prohibits, without lawful authority, the carrying, dumping or depositing of harmful waste in the air, landor waters of Nigeria. The following sections are notable:

Section 6 provides for a punishment of life imprisonment foroffenders as well as the forfeiture of land or anything usedto commit the offence.

Section 7 makes provision for the punishment accordingly, ofany conniving, consenting or negligent officer where the offence is committed by a company.

Section 12 defines the civil liability of any offender. He would be liable to persons who have suffered injury as a result of his offending act.

1.32 HYDROCARBON OIL REFINERIES ACT, (CAP H5, LFN 2004). The Hydrocarbon Oil Refineries Act is concerned with the licensing and control of refining activities. Relevant sections include the following:-

Section 1 prohibits any unlicensed refining of hydrocarbon oils in places other than a refinery.

Section 9 requires refineries to maintain pollution prevention facilities.   

1.33 OIL IN NAVIGABLE WATERS ACT, (CAP 06, LFN 2004.) The Oil in Navigable Waters Act is concerned with the discharge of oil from ships. The following sections are significant:-

Section 1 (1) prohibits the discharge of oil from a Nigerianship into territorial waters or shorelines.

Section 3 makes it an offence for a ship master, occupier ofland, or operator of apparatus for transferring oil to discharge oil into Nigerian Waters. It also requires the installation of anti-pollution equipment in ships.

Section 6 makes punishable such discharge with a fine of N2,000 (Two thousand naira).

Section 7 requires the records of occasions of oil discharge. (Environmental Law Research Institute, 2011)

1.34 ILO’s Model Code of Safety Regulations/Legislation:A Tripartite Technical Conference organized by the ILO in1948 formulated a ‘Model Code’ of Safety Regulations forIndustrial Establishments for the guidance of governments

and industry. Rule 82 of this Code specifically deals withguarding machinery. According to the Code, the guards shouldbe properly designed, constructed and used so that theywill:

(a) Provide positive protection(b) Prevent all access to the danger zone(c) Cause the operator no discomfort or inconveniences(d) Not interfere unnecessarily with production(e) Operate automatically or with minimum effort(f) Constitute preferably a built-in feature(g) Be suitable for the job and the machine(h) Provide for machine oiling, inspection, adjustment andrepair(i) Withstand long use with minimum maintenance (j) Resist normal wear and shock(k) Be durable and fire erosion resistance(l) Not constitute a hazard by themselves and(m) Protect against unforeseen operational contingencies.

1.35 THE FACTORIES ACT 1990.The factories ACT is a creation of the International LabourOrganization in its efforts to improve health and safety atwork. The ILO thus came up with a model code of SafetyRegulation for Industrial Establishment for the Guidiance ofGovernment and Industries. This code package as a manual byexpert and approved by a Tripatite Technical Committee in1948 in accordance with the Governing Body of ILO that isreferred to as the Factories Act. This manual was ratifiedin 1955 in Nigeria being a member of the ILO and relevantsections of the ILO convention was enacted as ‘An Ordinanceto make provision for the helth, safety and welfare ofpersons employed in factories and other places and formatters incidental thereto and connected therewith’. ThisOrdinance became effective 1st September 1956 and have cometo be known as the Factories Acts (1990 Cap 126). The purpose of the Act was to provide legislative frameworkto promote , stimulate and encourage high standards of

health safety and welfare in industrial establishment withthe aim to 1. secure the health, safety and welfare of persons at work2. Protect persons other than persons at work against risk

to health or safety arising out of or in connection withthe activities of persons at work

3. To involve everyone both management and employees andmake them all aware of the importance of safety andhealth. (Contractor HSE Training Manual, Level 3, pg 119-120;Environmental Law Research Institute, 2011)

With all these legislations or Acts of parliament in placewithout an integrated agency like the NBS (National Bureauof Statistics) that compile and collate and analyzedemographic and economic statistical data that representsnational economic development or performance, the safetyprofession will be at best undeveloped and without any formand structure. Similarly, the campaign and crusade to checktax evasion by business owners by the Federal Inland RevenueService (FIRS) is a good case study to learn from given thescope of her mandate: that of enforcing tax compliance oncorporate businesses and SME (Small and Medium Enterprise)and from all sectors of the economy.

1.4 Measuring Safety performance:The measurement of the nation’s safety performance can best be assessed by industries and businesses compliance to legislative provisions or enabling laws, however, without evidence of empirical data from industries across all sectors of the national’s economy, we cannot boast of a national safety score card. Consequent on the axiom that ‘better late than never’, I will liketo submit that there is no better time than now to stand out and with a mission to rewrite the wrong of the past and erase the safety and environmental violations and non-compliance of industries and businesses of the past and begin a new page by evolving, develop and publicize best practice of HSE compliance not driven by such externalities per se but by a culture that runs in the organization.

1.5 Recommendation:In this new dawn of ISPON, I would like to call for moreempirical research effort to bridge this present gap that theInstitute has got to fill: that to properly midwifing complianceenforcement through programme that has potentials improvecompliance level to national health, safety and environmentregulation in Nigeria.The developed countries like Britain today have national councilof safety that serve as an integrative body for the developmentof safety issue nationally, e.g British Safety Council and NEBOSH(National Examination Board for Occupational Health and Safety)in the UK. This is an urgent critical policy decision for us asan InstituteLastly for now, the time to explore IT (Information Technology)capacity to develop an integrated database that captures healthand safety industrial performance across all sectors of thenation’s economy for the purpose of collecting, collatinganalyzing and presenting our safety performance as a nation, anda National council for Health and Industrial Safety beestablished to govern and prescribe entry qualifications,certification testing and continuous development programmes forthe safety profession in Nigeria. This agency shall be a poolwhere safety statistical data can be accessed and shall havepowers to regulate and institute legal actions against erringcompanies/industries, and institutions. This will have theoverall implication of restoring the dignity of labour to theNigerian People on the nearest future as well as a legacy ofprofessional pride.

1.6 ConclusionFrom the foregoing discuss, it is obvious that there are safetyand environmental legislations in place- creation of thelegislature; there is also a judicial system (civil or Industrialcourt) waiting to interprete and sanction non-compliance of anykind if and only if we ISPoN are ready to undertake industrialaudit exercise reflecting on best practice and appropriatelegislations and be ready to REGULATE and ENFORCE sanctions fornon-compliance. This is one sure way to build the safetyprofession and achieve HUMAN DEVELOPMENT.

REFERENCES:

Confederation of British Industry (1996), Generating Growth: An SME Policy Checklist and Agenda, CBI, London.

Environmental Law Research Institute (ELRI) 2011.

Fairman R & Yapp C (2003) Education or Enforcement: Improving standards in food SMEs, Environmental Health Journal, 111, 1, 16-19.

French M and Neighbours D (1991) ‘A model of firm costs of compliance with food labelling regulations’, in J. Caswell, Economics of Food Safety, New York: Elsevier.

Food Standards Agency (2002) Report on Local Authority Food Law Enforcement Activity in the UK, FSA, London.

Institute Of Safety Professionals: General HSE Trainning Manual pg.30-33.

Henson S., Heasman M., (1998) Food safety regulation and the firm: understanding the compliance process, Food Policy, 23, 1, 9-23.

Jain R.K., Rao S (2011) Industrial Safety, Health Environment Management Systems pg 72-80. 3rd edition. Khanna Publishers

Panisello, P and Quantick, P (2001)Technical barriers to HACCP, Food Control, 165-173.

Petts J (2000) Small and medium sized enterprises and environmental compliance, in Hillary R, (Ed) Small and medium sized enterprises and the environment, Greenleaf Publishing, Sheffield.

Rakel H, Gerrard S, Piggott G, and Crick G (1998) Evaluating contact techniques: assessing the impact of a regulator’s intervention on the health and safety performance of small to medium sized businesses, Journal of Safety research, 29, 4, 235-247.

 Charlton, T.  “Study of Literature Concerning the Roles of Penalties in Regulatory Enforcement,” September 1985, Compliance Policy and Planning Branch, Office of Enforcement and Compliance Monitoring. 

Wasserman, C.E.  “Environmental Compliance and Enforcement: Theory, Practice and the Challenge to Environmental Economists,” prepared for the Association of Environmental and Resource Economists Workshop on Environmental Enforcement and Monitoring, August 13-14, 1987, University of Delaware.

Appendix

National Effluent Limitation Regulations.

Section 1 (1) requires industry facilities to have anti-pollution equipment for the treatment of effluent.

Section 3 (2) requires a submission to the agency of a composition of the industry’s treated effluents.

National Environment Protection (Pollution Abatement in Industries and Facilities producing Waste) Regulations (1991).

Section 1 Prohibits the release of hazardous substances into the air, land or water of Nigeria beyond approved limits set by the Agency.

Section 4 and 5 requires industries to report a discharge if it occurs and to submit a comprehensive list of chemicals used for production to the Agency.

Federal Solid and Hazardous Waste Management Regulations (1991).

Section 1 makes it an obligation for industries to identify solid hazardous wastes which are dangerous to public health and the environment and to research into the possibility of their recycling.

Section 20 makes notification of any discharge to the Agency mandatory. Section 108 stipulates penalties for contravening any regulation.

ENVIRONMENTAL IMPACT ASSESSMENT (EIA) ACT.  CAP E12, LFN 2004.

An Environmental Impact Assessment (EIA) is an assessment of the potential impacts whether positive ornegative, of a proposed project on the natural environment: The E.I.A Act, as it is informally called, deals with the considerations of environmental impact in respect of public and private projects.Sections relevant to environmental emergency prevention under the EIA include:-

Section 2 (1) requires an assessment of public or private projects likely to have a significant (negative) impact on the environment.

Section 2 (4) requires an application in writing to the Agency before embarking on projects for their environmental assessment to determine approval.

Section 13 establishes cases where an EIA is required and

Section 60 creates a legal liability for contravention of any provision.

THE NIGERIAN URBAN AND REGIONAL PLANNING ACT CAP N138, LFN 2004The Urban and Regional Planning Act is aimed at overseeing a realistic, purposeful planning of the country to avoid overcrowding and poor environmental conditions. In this regard, the following sectionsbecome instructive:-

Section 30 (3) requires a building plan to be drawn by a registered architect or town planner. Section 39 (7) establishes that an application for land development would be rejected if such

development would harm the environment or constitute a nuisance to the community. Section 59 makes it an offence to disobey a stop-work order. The punishment under this

section, is a fine not exceeding N10, 000 (Ten thousand naira) and in the case of a company, a fine not exceeding N50, 000.

Section 72 provides for the preservation and planting of trees for environmental conservation.

LAND USE ACT CAP 202, LFN 2004The Land Use Act places the ownership, management and control of land in each state of the federation in the Governor. Land is therefore allocated with his authority for commercial, agricultural and other purposes.

HARMFUL WASTE (SPECIAL CRIMINAL PROVISIONS) ACT CAP H1, LFN 2004The Harmful Waste Act prohibits, without lawful authority, the carrying, dumping or depositing of harmful waste in the air, land or waters of Nigeria. The following sections are notable:

Section 6 provides for a punishment of life imprisonment for offenders as well as the forfeiture of land or anything used to commit the offence.

Section 7 makes provision for the punishment accordingly, of any conniving, consenting or negligent officer where the offence is committed by a company.

Section 12 defines the civil liability of any offender. He would be liable to persons who have suffered injury as a result of his offending act.

HYDROCARBON OIL REFINERIES ACT, CAP H5, LFN 2004. The Hydrocarbon Oil Refineries Act is concerned with the licensing and control of refining activities. Relevant sections include the following:-

Section 1 prohibits any unlicensed refining of hydrocarbon oils in places other than a refinery. Section 9 requires refineries to maintain pollution prevention facilities.

OIL IN NAVIGABLE WATERS ACT, CAP 06, LFN 2004. The Oil in Navigable Waters Act is concerned with the discharge of oil from ships. The following sections are significant:-

Section 1 (1) prohibits the discharge of oil from a Nigerian ship into territorial waters or

shorelines. Section 3 makes it an offence for a ship master, occupier of land, or operator of apparatus for

transferring oil to discharge oil into Nigerian Waters. It also requires the installation of anti-pollution equipment in ships.

Section 6 makes punishable such discharge with a fine of N2, 000 (Two thousand naira). Section 7 requires the records of occasions of oil discharge.

ASSOCIATED GAS RE-INJECTION ACT, CAP 20, LFN 2004. The Associated Gas Re-Injection Act deals with the gas flaring activities of oil and gas companies in Nigeria. The following sections are relevant to pollution prevention:-

Section 3 (1) prohibits, without lawful permission, any oil and gas company from flaring gas in Nigeria.

Section 4 stipulates the penalty for breach of permit conditions.

THE ENDANGERED SPECIES ACT , CAP E9, LFN 2004. This Act focuses on the protection and management of Nigeria’s wildlife and some of their species in danger of extinction as a result of overexploitation. These sections are noteworthy:

Section 1 prohibits, except under a valid license, the hunting, capture or trade in animal species, either presently or likely to be in danger of extinction.

Section 5 defines the liability of any offender under this Act. Section 7 provides for regulations to be made necessary for environmental prevention and

control as regards the purposes of this Act.

SEA FISHERIES ACT, CAP S4, LFN 2004. The Sea Fisheries Act makes it illegal to take or harm fishes within Nigerian waters by use of explosives, poisonous or noxious substances. Relevant sections include the following:-

Section 1 prohibits any unlicensed operation of motor fishing boats within Nigerian waters. Section 10 makes destruction of fishes punishable with a fine of  N50,000 or an imprisonment

term of 2 years. Section 14 (2) provides authority to make for the protection and conservation of sea fishes.

INLAND FISHERIES ACT, CAP I10, LFN 2004.Focused on the protection of the water habitat and its species, the following sections are instructive:

Section 1 prohibits unlicensed operations of motor fishing boats within the inland waters of Nigeria.

Section 6 prohibits the taking or destruction of fish by harmful means. This offence is punishable with a fine of N3, 000 or an imprisonment term of 2 years or both.

EXCLUSIVE ECONOMIC ZONE ACT, CAP E11, LFN 2004. The Exclusive Economic Zone Act makes it illegal to explore or exploit natural resources within the

Exclusive zone without lawful authority. The Federal Government regulates the activities of the Exclusive Zone.

 OIL PIPELINES ACT, CAP 07, LFN 2004.The Oil Pipelines Act and its Regulations guide oil activities. The following sections are pertinent;

Section 11 (5) creates a civil liability on the person who owns or is in charge of an oil pipeline. He would be liable to pay compensation to anyone who suffers physical or economic injury as a result of a break or leak in his pipelines.

Section 17 (4) establishes that grant of licenses are subject to regulations concerning public safety and prevention of land and water pollution.

OIL PIPELINES REGULATIONS (UNDER OIL PIPELINES ACT)

Section 9 (1) (b) establishes the requirement of environmental emergency plans. Section 26 makes punishable any contravention with a fine of N500,000 and/or an

imprisonment term of six months.

PETROLEUM ACT, CAP P10, LFN 2004. The Petroleum Act and its Regulations remain the primary legislation on oil and gas activities in Nigeria.It promotes public safety and environmental protection. The following sections are relevant:

Section 9 (1) (b) provides authority to make regulations on operations for the prevention of air and water pollution.

 REGULATIONS

PETROLEUM DRILLING AND PRODUCTION REGULATIONS:

Section 17 (1) (b) places restrictions on licensees from using land within fifty yards of any building, dam, reservoir, public road, etc.

Section 23 and 27 prohibits, without lawful permission, the cut down of trees in forest reserves. Section 25 establishes that reasonable measures be taken to prevent water pollution and to

end it, if it occurs.

PETROLEUM REFINING REGULATION

Section 43 (3) requires the Manager of a refinery to take measures to prevent and control pollution of the environment.

Section 45 makes any contravention punishable with a fine of N100 or an imprisonment term of six months.

MINERAL OIL SAFETY REGULATIONS AND CRUDE OIL TRANSPORTATION AND SHIPMENT REGULATIONS.

These Regulations prescribe precautions to be taken in the production, loading, transfer and storage of petroleum products to prevent environmental pollution.

PETROLEUM PRODUCTS AND DISTRIBUTION ACT, CAP P12, LFN 2004. Under this Act, the offence of sabotage which could result in environmental pollution is punishable with a death sentence or an imprisonment term not exceeding 21 years.

TERRITORIAL WATERS ACT, CAP T5, LFN 2004. The Territorial Waters Act makes punishable any act or omission committed within Nigerian waters which would be an offence under any other existing law.

NUCLEAR SAFETY AND RADIATION PROTECTION ACT, CAP N142, LFN 2004. The Act is concerned with the regulation of the use of radioactive substances and equipment emitting and generating ionizing radiation. In particular:

Section 4 provides authority to make regulations for the protection of the environment from the harmful effects of ionizing radiation.

Section 15 and 16 makes registration of premises and the restriction of ionizing radiation sources to those premises mandatory.

Section 37 (1) (b) allows an inspector verify records of activities that pertain to the environment.

Section 40 clarifies that the same regulations guiding the transportation of dangerous goods by air, land or water should also apply to the transportation of radioactive substances.

NIGERIAN MINING CORPORATION ACT. CAP N120, LFN 2004. This Act establishes the Nigerian Mining Corporation. It has authority to engage in mining refining activities and to construct and maintain roads, dams, reservoirs, etc. In particular:

Section 16 creates a civil liability on the corporation for the physical or economic damage suffered by any person as a result of its activities.

QUARANTINE ACT, CAP Q2, LFN 2004. The Quarantine Act provides authority to make regulations for preventing the introduction, spread and transmission of infectious diseases such as cholera, yellow fever, typhus, etc. Under this Act, violation of any regulation is punishable with a fine of N200 or an imprisonment term of 2 years or both.

 RIVER BASINS DEVELOPMENT AUTHORITY ACT, CAP R9, LFN 2004. The River Basins Development Authority is concerned with the development of water resources for domestic, industrial and other uses, and the control of floods and erosion.

 PEST CONTROL PRODUCTION (SPECIAL POWERS) ACT, CAP P9, LFN 2004. The Pest Control of Production Act is concerned with export produce conditions and pest control. In particular:

Section 1 provides an inspector authority to take emergency measures to control pest infestation of produce.

AGRICULTURE (CONTROL OF IMPORTATION) ACT, CAP A93, LFN 2004. The Agriculture Act and its Plant (Control of Importation) Regulations are concerned with the control of the spread of plant diseases and pests. Worth noting is: Section 6 which allows authorized officers to take emergency control measures, and provides for the recovery of costs and expenses incurred by the officers in controlling the situation.

ANIMAL DISEASES (CONTROL) ACT, CAP A17, LFN 2004.The Animal Disease (Control) Act makes it an offence to import any animal, hatching egg or poultry into Nigerian except under a permit. The following sections are relevant:Section 5 provides an inspector with the authority to take emergency measures where necessary. Section 10 stipulates penalties for contravening any regulation.Section 13 requires owners of trade animals to posses a movement permit and ensure the fitness of their animals.   Section 20 provides authority to make regulations that prevent and control the spread of animal diseases.

 BEES (IMPORT CONTROL AND MANAGEMENT) ACT, CAP B6, LFN 2004. It is an offence, under this Act, to import bees or apicultural materials into Nigeria without a valid permit. A person could also be held liable for exceeding the terms of his permit.

 CIVIL AVIATION ACT. CAP C13, LFN 2004. The Civil Aviation Act promotes public safety by providing regulations to secure the safety of persons and property in the aircraft and others who may be endangered by it. 

FACTORIES ACT, CAP F1, LFN 2004.The Factories Act promotes the safety of workers and professionals exposed to occupational hazards. Under this Act, it is an offence to use unregistered premises for factory purposes. In particular: Section 13 allows an inspector take emergency measures or request that emergency measures be takenby a person qualified to do so in cases of pollution or any nuisance.

WATER RESOURCES ACT, CAP W2, LFN 2004. The Water Resources Act is targeted at developing and improving the quantity and quality of water resources. The following sections are pertinent:Section 5 and 6 provides authority to make pollution prevention plans and regulations for the protection of fisheries, flora and fauna. Section 18 makes offenders liable, under this Act, to be punished with a fine not exceeding N2000 or an imprisonment term of six months. He would also pay an additional fine of N100 for everyday the offencecontinues.

HIDES AND SKINS ACT, CAP H3, LFN 2004.  

The Hides and Skins Act and its Regulations are concerned with the preparation, quality and trade of hides and skins. It prohibits the use of unlicensed premises or enclosure as a place for the preparation or buying of hides and skins for export.

THE FEDERAL NATIONAL PARKS ACT, CAP N65, LFN 2004. The National Parks Act is concerned with the establishment of protected areas used for resource conservation, water catchments protection, wildlife conservation and maintenance of the national eco-system balance.

NIGER-DELTA DEVELOPMENT COMMISSION (NDDC) ACT, CAP N68, LFN 2004.The Niger-Delta Development Commission Act is concerned with using allocated funds to tackle ecological problems arising from the exploration of oil minerals in the Delta. Section 7 (1) (b) empowers the Commission to plan and to implement projects for the sustainable development of the Delta in the field of transportation, health, agriculture, fisheries, urban and housing development, etc. The Commission, under this Act, has a duty to liaise with oil and gas companies and advice stakeholderson the control of oil spillages, gas flaring and other related forms of environmental pollution.

OTHER LEGISLATION:Environmental Sanitation Law:This is a law of Lagos State focused on environmental sanitation and protection. It punishes in varying degrees acts like street obstruction, failure to clean side walks, cover refuse bins or dispose wastes properly.

Environmental Pollution Control LawSection 12 of this law under the Laws of Lagos State makes it an offence to cause or permit a discharge of raw untreated human waste into any public drain, water course or onto any land or water. This offence is punishable with a fine not exceeding N100, 000 (One hundred thousand naira) and in thecase of a company, a fine not exceeding N500, 000.

CRIMINAL CODE: The Criminal Code contains provisions for the prevention of public health hazards and for environmental protection. Hence:Sections 245-248 deal with offences ranging from water fouling, to the use of noxious substances.