GROUP 4: PRESENTING NO.

10

inspire
INDUSTRIAL CHE522

LAWS AND
ENVIROMENTAL
LAWS
GROUP MEMBERS
S/N NAMES MAT NO.
1. ADEWOLE JAMEWON ENG1002097
2. AARON ZADOK HARUNA ENG1002092
3. IGHALO JOSHUA O. ENG1002136
4. OFEIMUN SUSSAN ENG1002157
5. AGBODEKHE BARNABAS ENG1002098
6. NWOSA EBELE ENG1002149
7. EMORENIKEN VICTOR ENG1002125

1|Page
Contents
GROUP MEMBERS ............................................................................................................................................. 1
INTRODUCTION ................................................................................................................................................. 3
REGISTRATION OF FACTORIES ........................................................................................................................... 4
GENERAL PROVISIONS ON HEALTH BY THE FACTORIES ACT ............................................................................. 4
SAFETY AS CONTAINED IN THE FACTORY ACT ................................................................................................... 4
HEALTH, SAFETY AND WELFARE (SPECIAL PROVISIONS AND REGULATIONS) .................................................. 8
NOTIFICATION AND INVESTIGATION OF ACCIDENTS AND INDUSTRIAL DISEASES ........................................... 9
POWER TO EXTEND DANGEROUS OCCURRENCES PROVISIONS AS TO NOTICE OF ACCIDENTS ....................... 9
NOTIFICATION OF INDUSTRIAL DISEASE ......................................................................................................... 10
SPECIAL APPLICATIONS, EXTENSIONS AND MISCELLANEOUS PROVISIONS .................................................... 10
PREMISES FOR DOCKS, WHARVES AND QUAYS .............................................................................................. 11
PREMISES IN WHICH STEAM BOILERS ARE USED ............................................................................................ 11
POWER TO EXTEND APPLICATION OF PROVISIONS OF ACT ............................................................................ 11
OFFENCES, PENALTIES AND LEGAL PROCEEDINGS.......................................................................................... 12
HOW ARE OFFENSES PROSECUTED? ............................................................................................................... 14
LAWS REGULATING INDUSTRIES AND ENVIRONMENT ................................................................................... 14
THE NATIONAL ENVIRONMENTAL STANDARDS AND REGULATION ACT ........................................................ 15
FEDERAL SOLID AND HAZARDOUS WASTE MANAGEMENT REGULATIONS (1991)......................................... 15
FOOD AND DRUG REGULATION ...................................................................................................................... 15
OIL POLLUTION ACT ......................................................................................................................................... 16
NUCLEAR WASTE POLICY ACT ......................................................................................................................... 16
RESOURCE CONSERVATION AND RECOVERY ACT ........................................................................................... 17
ENERGY POLICY ACT ........................................................................................................................................ 17
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT .......................................................................... 18
SHORE PROTECTION ACT ................................................................................................................................. 18
RECOMMENDATIONS ...................................................................................................................................... 18

2|Page
INTRODUCTION
Law is generally a system of rules recognized by a particular group of people which are
enforced usually through social institutions to govern behavior (Robertson, 1982; Wikipedia,
2014). Laws are made to provide order, justice, peace and equity. The subject of general laws is
inherently complicated and is subjected to constant refinement through new primary
legislations, rules and regulations made thereunder and court decisions on specific legal issues.

Industrial law however relates to laws governing industrial enterprises. This includes wide range
of legal topics from employment law to environmental concerns, contracts, industrial relations
and safety regulations (industrial accidents). As with any business, there are numerous other
areas of legal concern for those in the Industrial sector. These can include contracts, real estate
questions, shipping and distribution, environmental concerns, and many others.

The basis of environmental policy in Nigeria is contained in the 1999 Constitution of the Federal
Republic of Nigeria. Pursuant to section 20 of the Constitution, the State is empowered to protect
and improve the environment and safeguard the water, air and land, forest and wildlife of
Nigeria. In addition to this, section 2 of the Environmental Impact Assessment Act of 1992 (EIA
Act) provides that the public or private sector of the economy shall not undertake or embark on
or authorize projects or activities without prior consideration of the effect on the environment.

The Federal Government of Nigeria has promulgated various laws and Regulations to safeguard
the Nigerian environment. These include:

• Federal Environmental Protection Agency Act of 1988 (FEPA Act).

• The factory Act Cap of 1987

“An Act to provide for the registration, etc., of factories; to provide for factory workers and a wider
spectrum of workers and other professionals exposed to occupational hazards, but for whom no
adequate provisions had been formerly made; to make adequate provisions regarding the safety of
workers to which the Act applies and to impose penalties for any breach of its provisions.”
……Factories Act of 1987

3|Page
REGISTRATION OF FACTORIES
Application for the registration of factories is to the Director of Factories after which on
inspection and acceptance, the applicant receives a Certificate of Registration valid for five (5)
years after which it is renewed. The certificate should be amended if there is a change in
particulars submitted by the applicant at time of registration. Before certification, the steam
boilers and other pressure vessels, cranes and other lifting machines are usually examined and
tested by competent and approved personnel. For new factory registration; applications must
be filed at least six (6) months before commencement of actual construction. Offenders may be
fined, imprisoned or made to serve both. A Factory Appeal Board deals with grievances
presented by applicants against the decisions of the Director of Factories.

GENERAL PROVISIONS ON HEALTH BY THE FACTORIES ACT

1. Cleanliness: it is required that the staircases, passages, benches, walls and partition of
workmen be kept clean always
2. Overcrowding: factory deemed overcrowded if amount of cubic space occupied by every
personnel is less than 400 cubic feet.
3. Effective and suitable Ventilation system.
4. Effective provision for securing and maintaining sufficient lighting be it natural or artificial
5. Effective means for floor drainage.
6. Provision and maintenance of suitable sanitary convenience to accommodate both sexes.
7. Duty of inspector to report by writing to the local government of defective drainage,
sanitary convenience, water supply or any nuisance that appears to be their concern.

SAFETY AS CONTAINED IN THE FACTORY ACT

The factory act and some of its stipulations as regards various industrial machines and practices:

1. Prime Movers: In engineering, prime movers refer to the mechanical means of turning a
generator’s rotor. The ACT stipulates that all parts of any prime mover, shall be securely
fenced, whether the flywheel or prime mover is situated in an engine‐house or not.

4|Page
2. Transmission Machinery: Every part of any transmission machinery shall be securely
fenced unless it is in such position or of such construction as to be as safe to every person
employed or working on the premises as it would be if securely fenced. Efficient devices
or appliances shall be provided and maintained in every room or place where work is
carried on by which the power can promptly be cut off from the transmission machinery
in that room or place.
3. Powered Machinery: Every power‐driven machine having its individual sources of power
shall be provided with an efficient starting and stopping appliance or control.
4. Other Machinery: Every dangerous part of any machinery, other than prime movers and
transmission machinery, shall be securely fenced unless it is in such a position or of such
construction as to be as safe to every person employed or working on the premises as it
would be if securely fenced.
5. Construction and Maintenance of Fencing: All fencing or other safeguards provided in
pursuance of the foregoing provisions of this Part of this Act shall be of substantial
construction, and constantly maintained and kept in position while the parts required to
be fenced or safeguarded are in motion or in use, except when any such parts are
necessarily exposed for examination and for any lubrication or adjustment
6. Vessels Containing Dangerous Liquids: Every fixed vessel, structure, sump or pit of which
the edge is level with or less than 1metre above the adjoining ground or platform shall, if
it contains any scalding, corrosive or poisonous liquid, either be securely covered or be
securely fenced to at least that height or where by reason of the nature of the work
neither secure covering nor secure fencing to that height is practicable, all practicable
steps shall be taken by covering, fencing or other means to prevent any person from
falling into the vessel, structure, sump or pit.
7. Training and Supervision of Inexperienced Workers: No person shall be employed at any
machine or in any process, being a machine or process liable to cause bodily injury, unless
he has been fully instructed as to the dangers likely to arise in connection therewith and
the precautions to be observed, and has received a sufficient training to work at the
machine or in the process; or is under adequate supervision by a person who has a
thorough knowledge and experience of the machine or process.
8. Precautions with respect to explosives or inflammable dust gas: Possible sources of
ignition such as accumulation of dust, gas or vapour should be removed or plants that

5|Page
 generate them should be enclosed. Vents, chokes or other appliances should be
introduced in plant in order to restrict the spread and effects of an explosion in case one
takes place. No plant, tank or vessel which contains or has contained any explosive or
inflammable substance shall be subjected to any welding, brazing or soldering operation
or to any cutting operation which involves the application of heat, until all practicable
steps have been taken to remove the substance and any fumes arising therefrom or to
render them non‐explosive or non‐inflammable; and if any plant, tank or vessel has been
subjected to any such operation as aforesaid, 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.
9. Steam boilers: Every steam boiler and all its fittings and attachments shall be of good
construction, sound material, and adequate strength and free from patent defect and
shall be properly maintained. According to Article 31, section 2 of the Nigerian Factory
Acts, every steam boiler, whether shall have attached to it a suitable safety valve which
shall be so adjusted as to prevent the boiler being worked at a pressure greater than the
maximum permissible working pressure and shall be fixed directly to, or as close as
practicable to, the boiler, a suitable stop‐valve, connecting the boiler to the steam pipe,
which shall be suitably lagged at all times, a correct steam pressure gauge, connected to
the steam space and easily visible by the boiler attendant, which shall indicate the
pressure of steam in the boiler in kilograms per square centimeter and have marked upon
it, in a distinctive color, the maximum permissible working pressure, at least one water
gauge, to show the water level in the boiler, and, if the gauge is of the glass tubular type
and the working pressure in the boiler normally exceeds three kilograms per square
centimeter, the gauge shall be provided with an efficient guard but not so as to obstruct
the reading of the gauge. They shall be provided with a suitable fusible plug or an efficient
low‐water alarm device.
10. Air Receivers: According to section 33, sub‐section 1; every air receiver shall have marked
upon it, the safe working pressure. In the case of a receiver connected with an air
compressing plant, should be constructed to withstand the maximum pressure which can
be obtained in the compressor, or be filled with a suitable reducing valve or other suitable
appliance to prevent the safe working pressure of the receiver being exceeded. It should
be fitted with a suitable safety valve to permit the air to escape as soon as the safe

6|Page
 working pressure is exceeded. It should have a correct pressure gauge indicating the
pressure in the receiver in kilograms per square centimeter and a suitable manhole,
handhold which will allow the interior to be thoroughly cleaned.
11. Safety provisions in case of fire: Every factory shall be provided with adequate means of
escape in case of fire for the persons employed there and they should be properly
maintained and kept free from obstruction. The doors of the factory, or any doors which
afford a means of exit for persons employed in the factory from any building or from any
enclosure in which the factory is situated, shall not be locked or fastened in such manner
that they cannot be easily and immediately opened from the inside and except in the case
of sliding doors, open outwards. Every window, door or exit affording means of escape
in case of fire or giving access thereto, other than the means of exit in ordinary use, shall
be distinctively and conspicuously marked by a notice printed in red letters of an
adequate size; all such notices shall be in such form, and in English and in such Nigerian
languages, as an inspector may direct.
12. Power of inspector to issue improvement notice: If the inspector is convinced that any
part of the way, work, machinery or plant, used in a factory is in such a condition or is so
constructed or placed that it is likely to cause bodily injury; or that any process or work is
carried on or anything is or has been done in any factory in such a manner as to constitute
a risk of bodily injury, the inspector shall issue an improvement notice stating clearly the
danger complained of and requiring the occupier of the factory to take such steps as may
be specified in the notice to remedy the danger.
13. Power of inspector to issue prohibition notice as to dangerous factory: If the inspector
is convinced that any factory or part of a factory is in such a condition or is so constructed
or placed that any process or work carried on cannot be done without undue risk to the
safety and health of employees, the inspector shall by notice prohibit the use thereof for
the purpose of that process or work. A notice issued by an inspector may prohibit the
carrying on of any process or work whether indefinitely or until such steps as may be
specified in the notice have been taken to enable the process or work concerned to be
carried on with due regard to the safety and health of persons employed therein; and be
revoked on the application of the occupier or owner of the factory after rectifying all the
defects contained in the notice to enable the process or work to be carried on with due
regard to the safety and health of persons employed therein.

7|Page
HEALTH, SAFETY AND WELFARE (SPECIAL PROVISIONS AND
REGULATIONS)
1. Removal of dust or fumes in every factory in which, in connection with any process carried on
there is given of fany dust or fume or other impurity of such a character and to such extent as to
be likely to be injurious or offensive to the persons employed, or any substantial quantity of dust
of any kind, all practicable measures shall be taken to protect the persons employed against
inhalation of the dust or fume or other impurity and to prevent its accumulating in any
workroom, and in particular where the nature of the process makes it practicable, exhaust
appliance shall be provided and maintained, as near as possible to the point of origin of the dust
or fume or other impurity as to prevent it from polluting the air of any workroom. No stationary
internal combustion engine shall be used unless provision is made for conducting the exhaust
gases from the engine into the open air.

2. Meals in certain dangerous places

Where in any room any poisonous or otherwise injurious substance is so used as to give rise to
any dust, or fume, no person shall be permitted to partake of food or drink in that room.

3. Protective clothing and appliances

Where in any factory workers are employed in any process involving excessive exposure to wet
or to injurious or offensive substance, suitable protective clothing and appliances, including,
where necessary, suitable gloves, footwear, goggles and head coverings, shall be provided and
maintained for the use of such workers.

4. Protection of eyes in certain processes

In the case of any of the processes specified in the Fourth Schedule to this Act, suitable goggles
or effective screens shall be provided to protect the eyes of the persons employed in the
process. Where in any factory electric arc welding is carried on, effective provisions shall be
made, by screening or otherwise, to prevent persons employed (other than persons employed
in the welding process) from being exposed to the electric arc flash.

8|Page
NOTIFICATION AND INVESTIGATION OF ACCIDENTS AND
INDUSTRIAL DISEASES
Notification of accidents

(1) Where any accident occurs in a factory which either‐

(A) Causes loss of life to a person employed in that factory; or

(B) Disables any such person for more than three days from performing the duties, for which he
was employed, written notice of the accident, in the prescribed form and accompanied by the
prescribed particulars, shall forthwith be sent to the inspector of the district by the occupier of
the factory.

(2) Where any accident causing disablement is notified under this section, and after notification
thereof results in the death of the person disabled, notice in writing of the death shall be sent to
the inspector of the district by the occupier of the factory as soon as the death comes to his
knowledge.

(3) Where any accident to which this section applies occurs to a person employed and the
occupier of the factory is not the actual employer of the person killed or injured, the actual
employer shall, if he fails to report the accident to the occupier immediately, be guilty of an
offence.

POWER TO EXTEND DANGEROUS OCCURRENCES PROVISIONS

AS TO NOTICE OF ACCIDENTS
1. If the Minister considers that, by reason of the risk of serious bodily injury to persons
employed, it is expedient that notice should be given under section 51 of this Act in every
case of any special class of explosion, fire, collapse of buildings, accident to machinery or
plant, or other occurrences in a factory, he may by regulations extend the provisions of
that section to any such class of occurrences, whether death or disablement is caused or
not, and may allow the required notice of any occurrence to which the regulations relate,
instead of being sent forthwith, to be sent within the time stipulated by the regulations.
2. The minister may, if he considers it expedient, institute an inquiry into any frequent or
large scale dangerous occurrence of the class specified in subsection(1) of the section in

9|Page
 order to recommend such actions as would prevent any such occurrence in the future.

NOTIFICATION OF INDUSTRIAL DISEASE

1. The occupier of any factory who believes, suspects or has reasonable ground for
believing or suspecting, that a case of occupational disease has occurred in the factory,
shall forthwith send written notice of such case, in the prescribed form and accompanied
by the prescribed particulars, to the nearest inspector; and the provisions of this Act with
respect to the notification of accidents shall apply to any such case in like manner as to
any such accident as is mentioned in those provisions.
2. For the purposes of this section "occupational disease" means any disease or illness
which is declared as such by the Minister by notice in the Gazette, being a disease or
illness which, in the opinion of the Minister, may be contracted by an employed person
by reason of the nature of his employment in a factory.

SPECIAL APPLICATIONS, EXTENSIONS AND MISCELLANEOUS

PROVISIONS
Premises where a part of a building is used as a separate factory

1. Every factory shall be kept in a clean state, and free from effluvia arising from any drain,
sanitary convenience or nuisance
2. Effective provision shall be made for securing and maintaining sufficient and suitable
lighting (natural or artificial) in every part of a factory. Also, all glazed windows and
skylights used for the lighting of workrooms shall be kept clean.
3. Transmission machinery shall be securely fenced. Hoists and lifts shall be of good
mechanical construction, sound material and adequate strength, and be properly
maintained. Chains, ropes and lifting machines used must be of good conduction, sound
material, and adequate strength and free from patent defect.
4. Safe means of access and safe place of employment: All floors, steps, stairs, passages,
gangways and other parts of a structure or building used as a factory shall be of sound
construction and properly maintained and kept safe at all times.
5. The inspector is obligated to issue notices as to dangerous or unsafe conditions and
practices and as to dangerous or unsafe factories,

10 | P a g e
 6. The owner of the building shall be responsible for any contravention of the said
provisions and shall also be responsible, instead of the occupier of the factory.

PREMISES FOR DOCKS, WHARVES AND QUAYS

1. Precautions with respect to explosives or other inflammable dust, gas, vapour or
substance; all practicable steps shall be taken to prevent explosion by enclosure of any
plant used in the process, and by removal or prevention of accumulation of the dust, gas
or vapor and by exclusion or effective enclosure of possible sources of ignition.
2. Prevention of fire, Safety provisions in case of fire, First‐aid; Effective means for detecting
fire (e.g. manual device) shall be provided and maintained, so as to be readily accessible.
Every factory shall be provided with adequate means of escape in case of fire for the
persons employed. First‐aid shall be provided and maintained so as to be readily
accessible a first‐aid box or cupboard of the prescribed standard.
3. Supply of drinking water: Adequate supply of drinking water shall be provided and
maintained at suitable points conveniently accessible to all persons employed. The
location of drinking water shall be set apart from the location of water for washing up.
4. Power to make regulations for certain health, safety and welfare

PREMISES IN WHICH STEAM BOILERS ARE USED

Every steam boiler, steam receivers and steam containers and all its fittings shall be of good
construction, sound material, adequate strength, and free from patent defect, and shall be
properly maintained.

POWER TO EXTEND APPLICATION OF PROVISIONS OF ACT

The Minister may, by order and subject to such conditions as may be specified in the order,
extend the application of all or any of the provisions of this Act to any of the following classes of
premises, processes or operations;

1. Warehouse (not forming part of any factory)

2. Any premises (not being premises forming part of a factory) in which a hoist or lift is used
3. Any work carried out in a wet dock in constructing, repairing, refitting, reconstructing or
in cleaning oil‐fuel tanks

11 | P a g e
 4. Building operations undertaken for the purposes of any industrial or commercial
undertaking.

OFFENCES, PENALTIES AND LEGAL PROCEEDINGS

There are various categories of offenses and each offense carries with its penalties.

The following is a broad classification of the offenses.

1. Contravention by the owner

2. Contravention by the employee
3. Contravention by the representative of the owner
4. Contravention by the firm or corporation
5. Contravention by corporative society or any other association of individuals

For each category of contravention there are penalties attached to it.

Penalty in the cases of death or injury: According to part x session 71 paragraph 1 of the Nigerian
factory act law of 1987 it states: If any person is killed or dies or suffers any bodily injury, in
consequence of the occupier or owner of a factory having contravened any provision of this Act
or of any regulation or order made thereunder, the occupier or owner of the factory shall,
without prejudice to any other penalty, be liable to a fine which would be determined by an
appropriate court of law or to imprisonment for a term not exceeding two years, or to both such
fine and imprisonment, and the whole or any part of the fine may be applied for the benefit of
the injured person or his family or otherwise as the court may order:

Provided that –

(a) In the case of injury to health, the occupier or owner shall not be liable to a penalty under
this section unless the injury was caused directly by the contravention; and

(b) The occupier or owner shall not be liable to a penalty under this section if the charge
against him under this Act in respect of the act or default by which the death or injury was caused
has been heard and dismissed before the death or injury occurred.

Penalty for forgery of certificates, false entries and false declaration: Session 72 paragraph 1
states that if any person

12 | P a g e
 a) forges or counterfeits any certificate required by, under or for the purposes of, this Act
or any order or regulation made thereunder; or
b) Gives or signs any such certificate knowing it to be false in any material particular; or
c) Knowingly utters or makes use of any such certificate so forged, counterfeited or falsified
as aforesaid; or
d) Knowingly utters or makes use of, as applying to any person, any such certificate which
does not so apply; or
e) Personates any person named in any such certificate; or
f) Falsely pretends to be an inspector; or
g) wilfully connives at any such forging, counterfeiting, giving, signing, uttering, making use,
personating or pretending as aforesaid; or
h) wilfully makes a false entry in any register, notice, certificate or documents required by,
under, or for the purposes of this Act or any order or regulation made thereunder, to be
kept or served or sent; or
i) wilfully makes or signs a false declaration required by, under, or for the purposes of, this
Act or any order or regulation made thereunder; or
j) Knowingly makes use of any such false entry or declaration as aforesaid,

He shall, without prejudice to any other penalty, he guilty of an offence under this Act, and liable
on conviction to a fine which will be determined by an appropriate court of law or to
imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

Penalty for persons actually committing offence for which occupier is liable: Session 73
paragraph 1 states Where an act or default for which an occupier or owner of a factory is liable
under this Act is in fact the act or default of some agent, servant, worker or other person, that
agent, servant, worker or other person shall be guilty of an offence and liable to the penalty as
if he were the occupier or owner, as the case may be.

The owner or firm can be exempted from a charge if and only if the following two conditions are
satisfied

(a) That he has used all due diligence to enforce the execution of the provisions of this Act and
of any relevant regulations or order thereunder; and

13 | P a g e
 (b) That the said other person committed the offence in question without his consent,
connivance or wilful default,

That other person shall be convicted of the offence and the occupier or owner shall not be guilty
of the offence, and the person so convicted shall, in the discretion of the court, be also liable to
pay costs incidental to the proceedings.

HOW ARE OFFENSES PROSECUTED?

Session 77 part 1, 2 and 3 answers that

a) All offences under this Act shall be prosecuted, and all fines under this Act shall be
recovered in a magistrate's court.
b) In any proceedings under this Act it shall be sufficient to allege in the charge that the
factory is a factory within the meaning of this Act, and to state the name of the ostensible
occupier of the factory or, where the occupier is a firm, the title of the firm; and the
burden of proving that the premises is not a factory, or that the occupier specified in the
charge or information is not the occupier of the factory, shall lie upon the person alleging
such fact.
c) Where any offence is committed under this Act by reason of a failure to make an
examination, enter a report, or do any other thing, at or within a time specified by this
Act (or any regulation or order made thereunder), the offence shall be deemed to
continue until the examination is made, or the report entered, or the other thing done,
as the case may be.

LAWS REGULATING INDUSTRIES AND ENVIRONMENT

The role of legislation in inducing responsible attitudes and behaviors towards the environment
cannot be overlooked. Legislation serves as an effective instrument for environmental
protection, pollution prevention and control. The constitution, as the national legal order,
recognizes the importance of improving and protecting the environment and makes provision
for it. Sections 20 makes it an objective to safeguard the land air and water, forest and wildlife
of Nigeria. Section 12: establishes though impliedly, that international treaties (including
environmental treaties) ratified by the National Assembly should be implemented as law in
Nigeria. SECTION 33 AND 34 which guarantee fundamental human rights to life and human

14 | P a g e
dignity respectively, have also being argued to be linked to the need for a healthy and safe
environment to give these rights effect.

THE NATIONAL ENVIRONMENTAL STANDARDS AND

REGULATION ACT
Administered by Ministry of Environment in 2007.

1. Section 7 of this act confers it the authority to ensure compliance with existing
environmental laws both locally and internationally.
2. Section 27 prohibits the discharge of hazardous substances into the environment without
lawful authority. Under this section, culprits are punished with a fine not exceeding N1,
000,000 naira and imprisonment term of 5 years. In the case of a company, additional
fine of N50, 000 for every day the offense persist.
3. Section 1 of this Act requires industry facilities to have anti‐pollution equipment for the
treatment of effluent, for example waste water treatment plant

FEDERAL SOLID AND HAZARDOUS WASTE MANAGEMENT

REGULATIONS (1991)
Section 1 makes it an obligation for industries to identify solid hazardous waste 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.

FOOD AND DRUG REGULATION

The National Agency for Food and Drug Administration and Control (NAFDAC), was established
by Decree No 15 of 993 (as amended), now Act CAP. N1, Laws of Federation of Nigeria (LFN)
2004, to control and regulate the manufacture, importation, exportation, distribution,
advertisement, sales and use of food, drugs cosmetics, medical devices and packaged water
including all drinks (referred to as regulated products).

15 | P a g e
OIL POLLUTION ACT
The Oil Pollution Act (OPA) of 1990 streamlined and strengthened EPA's ability to prevent and
respond to catastrophic oil spills. A trust fund financed by a tax on oil is available to clean up
spills when the responsible party is incapable or unwilling to do so. The OPA requires oil storage
facilities and vessels to submit to the Federal government plans detailing how they will respond
to large discharges. EPA has published regulations for aboveground storage facilities; the Coast
Guard has done so for oil tankers. The OPA also requires the development of Area Contingency
Plans to prepare and plan for oil spill response on a regional scale.

Over the years, oil spill has posed great threats to lives and properties, environment, human
health, security and safety of people in the oil producing areas with little or no political will to
deal with it. The oil companies too on the other hand, have not shown sufficient concern and
respect for the Nigerian environment as they do in other oil producing zones of the world. Oil
spill rates have escalated to a serious level since 1976 to about 80% rate of incidents. Over 600
oil spill incidents are recorded in Nigeria annually. This situation is unacceptable if there will be
environment left after removing oil from it. The severity of environmental degradation, chronic
diseases and abject poverty in the oil producing areas cannot be tolerated or promote the United
Nations millennium development goals for environmental sustainability in Nigeria.

We are poised to creating public awareness and training of oil workers in oil spill management &
control and safety in oil & gas industry in Nigeria. We have joined the International Spill Control
Organization as member.

NUCLEAR WASTE POLICY ACT

The Nuclear Waste Policy Act (NWPA) supports the use of deep geologic repositories for the safe
storage and/or disposal of radioactive waste. The Act establishes procedures to evaluate and
select sites for geologic repositories and for the interaction of state and federal governments.
The NWPA assigns the Department of Energy (DOE) the responsibility to site, build, and operate
a deep geologic repository for the disposal of high‐level waste and spent nuclear fuel. It directs
EPA to develop standards for protection of the general environment from offsite releases of
radioactive material in repositories. The Act directs the Nuclear Regulatory Commission (NRC)
to license DOE to operate a repository only if it meets EPA's standards and all other relevant
requirements.

16 | P a g e
RESOURCE CONSERVATION AND RECOVERY ACT
The Resource Conservation and Recovery Act (RCRA) is the public law that creates the
framework for the proper management of hazardous and nonhazardous solid waste. The RCRA
gives EPA the authority to control hazardous waste from the "cradle‐to‐grave." This includes the
generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set
forth a framework for the management of non‐hazardous solid wastes. The 1986 amendments
to RCRA enabled EPA to address environmental problems that could result from underground
tanks storing petroleum and other hazardous substances.

HSWA (Federal Hazardous and Solid Waste Amendments) are the 1984 amendments to RCRA
that focused on waste minimization and phasing out land disposal of hazardous waste as well as
corrective action for releases.

ENERGY POLICY ACT

The Energy Policy Act (EPA) addresses energy production in the United States, including:

1. Energy efficiency;
2. Renewable energy;
3. Oil and gas;
4. Coal;
5. Tidal energy;
6. Nuclear matters and security;
7. Vehicles and motor fuels, including ethanol;
8. Hydrogen;
9. Electricity;
10. Energy tax incentives;
11. Hydropower and geothermal energy; and
12. Climate change technology.

For example, the Act provides loan guarantees for entities that develop or use innovative
technologies that avoid the by‐production of greenhouse gases. Another provision of the Act
increases the amount of biofuel that must be mixed with gasoline sold in the United States.

17 | P a g e
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provides for federal regulation
of pesticide distribution, sale, and use. All pesticides distributed or sold in the United States must
be registered (licensed) by EPA. Before EPA may register a pesticide under FIFRA, the applicant
must show, among other things, that using the pesticide according to specifications "will not
generally cause unreasonable adverse effects on the environment.''

FIFRA defines the term ''unreasonable adverse effects on the environment'' to mean: ‘‘(1) any
unreasonable risk to man or the environment, taking into account the economic, social, and
environmental costs and benefits of the use of any pesticide, or (2) a human dietary risk from
residues that result from a use of a pesticide in or on any food inconsistent with the standard
under section 408 of the Federal Food, Drug, and Cosmetic Act.''

SHORE PROTECTION ACT

Title IV of the Ocean Dumping Ban Act of 1988 created the Shore Protection Act of 1988 (SPA),
which prohibits the transportation of municipal or commercial waste within coastal waters by a
vessel without a permit and number or other marking. Permits are not to run beyond renewable
five‐year terms and will terminate when the vessel is sold.

EPA, in consultation with the U.S. Coast Guard, is responsible for developing regulations
governing the loading, securing, offloading, and cleaning up of such wastes from waste sources,
reception facilities, and vessels. The goals of the regulations are to minimize deposit of waste
into coastal waters during vessel loading, transport, and unloading, and to ensure that any
deposited waste is reported and cleaned up.

RECOMMENDATIONS
1. First, these provisions should be updated in the light of current scientific knowledge,
international practices and international laws.
2. There is need to examine legislations other than the Factories Act
3. Attention should be focused on enforcement with sufficient, qualified, well paid and
disciplined inspectors.
4. Avenue for public awareness of the acts should be created for industries and should even
be taught in major technical schools including all engineering disciplines.

18 | P a g e