Law Essay Example on Environmental Legislation

Control of Major Accidents Hazards(COMAH) Regulations 2015 are a set of regulations that are meant to be followed to the latter to help reduce the chances of accidents involving dangerous substances and in the process limiting the consequences to the people and the environment in the case the accidents do occur. The COMAH regulations come in as a replacement of the 1999 Regulations, they guidance is aimed for operators, emergency planners and the duty holders of COMAH. Major accidents usually have the effect of impacting people and the environment in the most negative way, it is imperative to put both victims out of harms way.

Historically, major accidents occurred across Europe in the 70s, the Seveso accident of Italy in 1976 was the most notable. Widespread contamination of the environment took place though accidental production and release of dioxin, which was an unwanted by-product of a chemical reaction. After the occurrence of such accidents, the European Union Commission saw the need for the development of standards and regulations that would see the limitation of the number of major accident hazards across Europe. The first documentation was called the Seveso Directive which comprised of the identification of sites, the control measures in prevention of major accidents and the mitigation measures that can be put in place to limit the effects of accidents upon occurrence ("Control Of Major Accident Hazards Regulations 2015 (COMAH)", 2018).

Integration of COMAH to All Industrial Sites

The integration of COMAH to all industries can be of high importance as it is highly comprehensive and specific in its directives. The tenets of the regulations help to cover and prevent the occurrence of major accidents across industries that deal with chemicals and radioactive materials. In this regard, the regulations can be extended and even spread to key departments such as mining industries, nuclear power production, manufacturing industries, glassware, and metallurgy. It is imperative to note that all industries in a way have the probability of occurrence of an accident, in many situations you may find that people only get hurt but less environmental damage occurs, but all in all an accident is an accident. A lack of discrimination over the applicable areas of implementation of COMAH regulations can be of great help in reducing environmental damage and loss of life ("Control Of Major Accident Hazards Regulations 2015 (COMAH)", 2018).

It is imperative to note that human activities in fields like Oil and Gas and Nuclear power production pose a great threat to the environment and the inhabitants of such environments. The process of drilling and extracting oil and gas from the earth can be highly poisonous to the environment in the case of oil spillages. Oil exploration companies ought to take appreciate measures of reducing the seepage of excess oil spills back into the ground and even the release of byproducts into water channels such as rivers. The use of environmentally friendly policies such as COMAH can help in reducing chances of accident occurrence and environmental destruction. The nuclear department on the other end is one that is faced with the challenge of maintaining a balance of nuclear particles from exploding and causing a chain reaction that can cause harm to both the environment and human beings around. It is critical that such policies as the COMAH regulations be put in place to help reduce the chances of occurrence of such activities.

Impact of Integration of Health and Safety to the Environmental Profile

The current state of the environment is one that is dilapidated in mining areas and in areas where chemical reactions are undertaken. It is critical to note that the earth is not as it was a century ago, it has reduced its fertility and ability to sustain life. The reduced quality of soils and the atmospheric balance can be attributed to destructive human activities, oil spillages, chemical poisoning of soil, water pollution, constant air pollution and radioactive poisoning have contributed significantly to environmental destruction. It is imperative to understand that human activities are usually reckless and careless of the environment. It is hence of crucial importance that policies of health and safety of the environment be put in place in order to help maintain a sustainable ecosystem around the globe ("Control Of Major Accident Hazards Regulations 2015 (COMAH)", 2018).

The quality of life on the planet and even the environmental profile based on the quality of the air we breathe, water, marine life, soil fertility and temperatures should be upheld at perfect balance. Nature has a way of creating a sustainable ecosystem around it, in the case, the earth is taken care of, then it can take care of its inhabitants too. Wildlife, marine life and human life can be sustained if the environment is taken care of, it is, therefore, our responsibility to take initiative in taking care of the environment. Further integration of health and safety practices can help in raising the environmental profile and hence, in the long run, creating a much friendlier habitat for all forms of life on the globe ("Control Of Major Accident Hazards Regulations 2015 (COMAH)", 2018).

Question 2: Global Health, Safety, and Environmental Legislation

In a world charred with environmental pollution and contravention of health and safety policies, there is the need for a public outcry of the vice and a call to action garnered towards rehabilitation and protection of the environment. It is imperative that we look at the problems of the current world through a lens that focuses not on the lack of policies but more on the commitment of governments and citizens in upholding environmental protection policies. It is critical to understand the government has policies that are meant to protect and serve the environment but the contrary usually happens where these laws are contravened with disregard of the consequences.

It is critical to understand that in order to be able to fight the scourge of environmental destruction and constant irresponsible acts of Multinational Corporation and industrialists, there is the need for a call for responsible action by governments across the globe. The idea of an environment that is sustainable to all forms of life is more like utopia considering the industrial curve was taken by human beings in a need for commercialization and infrastructural development. The idea of a planet where life is supported and rare cases of death based on accidents and environmental destruction are unheard off is one that remains abstract. The leeway to achieving this form of ideality is through the formulation of legislation that is geared towards health, safety and environmental care that will form the baseline of global environmental care. These assertions were made by Kofi Anan in 2001, despite the myriad of challenges to such a policy, opportunities are available that can be taken advantaged off in developing this baseline and even the global adoption of these supposed policies.

Opportunities in Environmental Legislation Formulation

Ease of Communication

In the case the world would want to congregate and devise policies on environmental health and safety measures, communication channels are available through the United Nations. The United Nations Environmental Program (UNEP) is a statutory body of the United Nation that is focused on environmental rehabilitation, protection, and policy implementation. It is the mandate of the UNEP to formulate baseline policies that can be adopted by nations such as the Paris Agreement that could aid largely in giving a template and expectation of the level of environmental care by different nations. Through such channels, country heads and representatives of ministries of environments can call upon on a single seating and be briefed on the plans of a formation of a baseline legislation for environmental care. Such meeting can be used to develop, discuss, collaborate and sharing of ideas on ways to improve the state of the environment and even develop critical policies on protection ("LRI Climate legislation post Paris opportunities and barriers", 2018).

Rising Concern over Global Warming

Over the last century, concerns over the increase in the effect of global warming that is attributed to air pollution and emission of greenhouse gases have increased. This common need for a change in the actions of industrialist globally can help to bring together the biggest producers of worlds total greenhouse gases emitters in a single meeting. The ease of organizing of such a meeting is bolstered by the fear gripping all national leaders on the effects of global warming and the need for prevention before all is lost. Concerns that cuts across developing and developed countries offer a perfect opportunity for the development of environmental health and safety policies that can be the baseline for global legislation ("LRI Climate legislation post Paris opportunities and barriers", 2018).

Barriers to Formation of Global Environmental Protection Legislation

Lack of Legal Implications

Environmental protection legislation is not legally binding on an international level. The only repercussions that a country that is not upholding the legislation can face could be trade sanctions and the like, in other terms, if a country does not follow the legislation there is nothing much that can be done. It is hence imperative to note that the baseline legislation may be adhered to by some groups and ignored by some ("LRI Climate legislation post Paris opportunities and barriers", 2018).

Lack of Consensus by Perpetrators and Non-perpetrators

In the modern world, the United States of America and China are the biggest emitter of greenhouse gases and other forms of pollution. Countries may have a dissenting opinion over which countries are liable to the legislation, some countries would be dissident to such policies due to the feeling that they contribute less towards environments pollution. This challenge can be a barrier to the formulation and even implementation of baseline policies that are geared towards environmental protection, health, and safety ("LRI Climate legislation post Paris opportunities and barriers", 2018).

Question 3: Civil and Criminal Liability and Legal Implications of Third Party Accidents

Civil and Criminal Implications

The case scenario mentioned in this section is one that relates third-party accidents and liabilities. It is imperative to understand that upon the occurrence of such an accident, the person who was injured is or sustained damage to their health is entitled to:

Pecuniary Damages or compensations, this will include coverage of medical expenses, compensation for the same that the persona sustained and any losses that will be sustained in the future due to the accident i.e. loss of a job. He or she will also be compensated for future expenses that are related to the accident (Associates et al., 2018).

Nonpecuniary compensation related to coverage of damage that might have resulted from the accident. The damages may include psychological damage, mental integrity, impairments and loss of personal social life. The damages to be paid by the perpetrators is at the discretion of the courts to determine (Associates et al., 2018).

The payment of compensation in this case scenario will be categorized under vicarious liability. It is clear to note that the worker was not to blame in this case scenario, the worker ought to have been assigned an assistant while loading the iron sheets. Another fact is that the worker was issued with a forklift to carry the iron sheets while it is common knowledge that forklifts have no way of holding the produc...