Thai Legal Action Over Serious Radiation Leak by Phairath Khampha 29 February 2000 Thai authorities prosecuted a Bangkok firm for improper disposal of radioactive waste, after leaks which had put a number of people in hospital with radiation poisoning, some severely injured. Science, Technology and Environment Minister Arthit Ourairat identified the company as Kamol Sukosol Electric, a Thai distributor of imported radiotherapy machines. Officials from the government's Office of Atomic Energy for Peace (OAEP) removed three radiotherapy machines from wasteland owned by the company in adjacent Samut Prakan Province and moved them into OAEP safe storage. In the end 39 people were found to have suffered from massive doses of radiation "All radioactive equipment is supposed to be kept in safe housing, not in the open air," said Mr Arthit. Lawyers Chaweng Suwannarat, Kamol Sukosol's manager for medical equipment, said: "We'll let our lawyers handle those allegations by the government." He said one of the machines was de-commissioned from the National Cancer Institute and another from a regional hospital. The third, bought from Atomic Energy of Canada Ltd (AECL) by a private clinic in Bangkok in 1974, was kept at the company's site because the clinic did not have a proper storage place, Mr Chaweng added. The Canadian embassy in Bangkok said AECL was "concerned" about the incident, but held no responsibility for it. No warnings in Thai The machines were found after five workers at a scrapyard were admitted to hospital during the February 19-20 weekend suffering from exposure to Cobalt 60 radiation after handling parts from one machine. It appears the containers were marked "Caution - Radioactive" in English. But there were no warnings in Thai. The five were serious but stable condition, suffering from a rapid drop in their white blood cell count, blisters, skin burns and hair loss. Another four people were admitted to hospital on February 21, but they were in less serious condition as they had not been in direct contact with the radioactive material. Cobalt 60 is a radioactive isotope used in X-ray machines and for sterilisation in the food industry. 'Unable to cope' OAEP officials said that it cannot begin to cope with the huge quantity of waste material being sent to its only nuclear waste storage facility. The OAEP licenses some 500 companies and hospitals using nuclear materials. This was Thailand's first reported radiation leak. Tenth victim reported - Marrow tests carried out on critical cases Another person was admitted to Samut Prakan hospital on February 22 with symptoms of cobalt 60 poisoning, making her the 10th up until then to have seeked treatment at two state hospitals. Thawil Jia, 73, mother of Surinoi Yucharoen, 33, who was having similar treatment at Rajavithi hospital, was also seen with her daughter in the scrap business in Samut Prakan where the radioactive canisters were found. Following the february 20 blood tests, her white blood cells were measured at 1,800 counts per cu mm of blood which is considered very low. Rajavithi Hospital doctors on February 22 conducted bone marrow tests on two of the most critical patients who were directly exposed to gamma rays of cobalt 60 following no improvement in their health in the previous four days. Dr Chatri Baanchuen, deputy director-general of the Medical Sciences Department, said bone marrow, which produces new blood cells, has to be replaced if destroyed in large quantity by gamma radiation. "It is not easy even with the most advanced equipment," said Dr Chatri. Doctors have to weigh the risks and benefits of bone marrow replacement on the patients' health. The two patients' white blood cell counts were measured at 100 counts per cu mm, while that of a normal person should not fall below 4,000. Dr Chatri said only after signs of improvement are seen in the patients' blood would they dare treat complications such as burns to the skin and mucous membranes. The condition of one of the five victims being treated at Samut Prakan hosptial worsened, said Dr Amphon Jindawathana, the Public Health Ministry spokesman. Dr Amphon said the white blood cell count of Jitsen Chantarasakha, the 40-year-old scrap collector, had dropped to 3,700 from 5,000. The ministry on February 22 had to despatch officials on a door-to-door mission to contain the panic spreading among the people living near the scrapyard where the cobalt 60 containers were found at the Soi Wat Mahawong community in Phra Pradaeng district, Samut Prakan. Dr Amphon said the medical team visited some 20 houses and provided counselling to some 50 residents. He said health officials closely observed members of the community for a week to make sure no new cases of radiation poisoning go unnoticed. Commenting on the use of radiotherapy machines, Dr Chatri said currently eight of them were in use at six regional cancer institutes, the National Cancer Institute and Rajavithi hospital. Dr Chatri insisted that one of the machines found at Kamol Sukosol Electric Co's rarely used parking lot was not within the responsibility of the Nat ional Cancer Institute, though it was still being used there, because it had already been returned to the importer. He said Rajavithi Hospital in 1999 had problems locating the dealer of the radioactive machine which had lost more than half its capacity after almost 10 years in service, and therefore had to hand over the malfunctioning machine to the Office of Atomic Energy for Peace for safe storage. Dr Chatri said normally hospitals and other medical institutes purchased such equipment from a dealer who would also be responsible for replacing the active cobalt 60 after it was in use for at least five years. It is then the dealer's responsibility to also send the used radioactive cylinder back to the manufacturer, said Dr Chatri. All hospitals and medical institutes have to keep the atomic energy office informed of any changes made to the machines which are annually inspected by its officials. But corruption and greedy and disinterested officials seems to esnure this does not take place. Firm faulted for avoiding disposal cost Kamol Sukosol Electric Co came under heavy fire for trying to avoid the cost of disposing radioactive material. Pathom Yamkate, deputy secretary-general of the Office of Atomic Energy for Peace, said operators unable to dispose of radioactive materials should leave the matter to the atomic agency. Mr Pathom said Kamol Sukosol had once asked the agency to estimate disposal cost for its machines. When it was told the cost would be about 50,000 baht (1 US Dollar = 38.18 Thai Baht) per 1,000 curie, the company tried to bargain but applied instead for permission to build a warehouse on Vibhavadi-Rangsit road to store the material. Chatchawal Krailaksanavoravet of the agency's health and safety division, said 1,000 permits are granted per year to 587 users and 20 import firms. While the agency provides disposal services, operators lacking proper facilities for substances with a half-life of more than five years, such as cobalt 60, are normally recommended to return them to overseas manufacturers. Mr Chatchawal admitted transport costs for these substances are high. For example, a two-tonne radiotherapy machine could cost hundreds of thousands of baht for overseas delivery. Pornthep Techapaiboon, the deputy science minister, blamed a loophole in the 1961 Act for contributing to the radioactive waste leakage. He said the law was too lenient. "Violators face a maximum penalty of only one year's imprisonment and a 10,000 baht fine." Hospitals busy as health scare grew Fears of contamination sent local people rushing to hospitals for blood tests. Early on February 22 10 people from the Soi Wat Mahawong community went for tests at Samut Prakan hospital but none appeared in serious condition. Another group of 30 workers from Saengcharoen Foundry Co, sited 100 m from the scrapyard, and 200 from a milk plant 2 km away also turned up for tests, and were told they were not in danger. Company to accuse peddler of stealing - Dumping penalty to be increased tenfold In classic Thai style of shifting responsibility to others who have no way of defending themselves, Kamol Sukosol Electric Co, run by a very wealthy ethnic Chinese family, charged with negligence resulting in a radiation leak, filed charges accusing a poverty-stricken garbage collector of stealing cobalt 60. The company had been charged under the 1961 Atomic Energy for Peace Act with neglecting to notify authorities of the removal of radioactive materials, storing them safely and reporting their disappearance. Complaints against the company were lodged with Udomsuk police by Manoon Aramrat, deputy secretary-general of the Office of Atomic Energy for Peace, and Ong-art Klampaiboon, adviser to Science Minister Arthit Ourairat. Mr Manoon also said the company had violated the 1992 Hazardous Substances and National Environmental Promotion and Conservation acts. Kamol Sukosol admitted it owned three radiotherapy machines found at its Onnuj-Lat Krabang road parking lot. The company said Jitsen Chantarasakha removed a cylinder containing cobalt 60 from one machine and sold it in Phra Pradaeng. Pol Col Petchlook Siangkong, a superintendent involved in the case, said Kamol Sukosol executives could face arrest and the company could be liable for medical expenses. Mr Manoon said moving cobalt 60 without authorisation was a serious offence that would be considered by atomic energy officials in the context of Kamol Sukosol's licence. Suwat Apaipak, a legal adviser for Kamol Sukosol, said the company had erred by moving the machines from its Vibhavadi Rangsit road warehouse to the parking lot without authorisation. However, atomic energy officials seldom enforced removal rules, particularly as they were often paid bribes to ignore the infractions. Blame for the public danger lay with "the person who stole our cobalt", said Mr Suwat. The company might be criticised but had to file a theft charge. Relatives of Mr Jitsen, who was being treated for exposure, said he bought the cobalt 60 from people near the lot. Pol Maj-Gen Jongrak Juthanon, deputy city police chief, said Mr Jitsen probably thought the lot was deserted. "He is in hospital," he said. "Will we have to arrest and jail him?" The science minister said cobalt 60 would be included under the Hazardous Substances Act, which carries dumping penalties 10 times higher than the Atomic Energy for Peace Act. The atomic energy law carries a maximum penalty of one year in jail or a fine of 10,000 baht but executives could also be charged under environmental laws. Mr Arthit on February 23 met 100 importers of radioactive substances to reinforce the need to follow procedure governing shipment, storage, radiation checks, disposal and decommissioning. It was general practice for importers to handle the disposal of waste for clients and mistakes could happen, he said. Importers sometimes notified officials they were shipping out waste but dumped it instead. About 500 people and organisations listed as possessing radioactive materials would be subjected to storage checks, said Mr Arthit. There are 686 items of radioactive material of more than five Curie (Ci) capacity here, said deputy science minister Pornthep Techapaiboon. Of those, 26 are cobalt 60 sources of more than 1,000 Ci, still in use and 10 machines were decommissioned. However, he said, the whereabouts of the decommissioned machines could not be confirmed. Toxic waste managers accused More than 100 users of radioactive elements on February 23 attacked the nuclear material's managers, particularly the safety measures of the Office of Atomic Energy for Peace. Unacceptable control systems had existed for decades, they said. The information was revealed during a meeting between Science Minister Arthit Urairat and registered users at the Science Ministry. It led the minister to strongly reprimand an OAEP deputy secretary-general Manoon Aramrat. The users, most of them doctors and physicists, and some radioactive substance importers, gathered at the Science Ministry at the order of the minister to confront the executive board of the OAEP. Weak points and failures of the OAEP were raised by participants - particularly that it neglected to closely monitor the radioactive substances. Users also said the office could not advise the best way to manage radioactive waste. Manoon became very depressed during the three-hour meeting and finally, he broke down in tears, saying he was sorry about the radiation leak. "We (the OAEP) have done our best. And today, we are quite clear that we do not have enough areas to keep radioactive waste. We have to change our attitude, we always believed that the private sector had a higher capacity to manage the waste - and that's not true," he said. Pathom Yaemket, another OAEP deputy secretary-general, said it was possible that all radioactive waste could be kept at the Ongkharak nuclear research reactor, which was currently being built. Yongyut Kongthanarat, chief of the radiation oncologist division of Rajvithi Hospital, said he always had a problem with waste from Cobalt-60, which he used to kill cancer cells in patients. He said he did not know what to do with it. "Once I decided to make a 'cobalt monument' since the OAEP always took a long time to move it for safe-keeping in a suitable place," Yongyut said. He said it was not only Cobalt-60 that had caused difficulties, the OAEP still did not know how to manage radium, which was another radioactive substance once used for medical treatment. He said all hospitals had stopped using the substance because it had too long a half-life. "We haven't used it for years, even today the OAEP cannot find the best place to keep it. The office has to pay more attention to safe ways of getting rid of all radioactive substances," he said. Saipin Tungclush, a researcher of the National Cancer Institute, said she had had to store about 600 milligrammes of radium, since the authority said it had no place to keep it. "What would happen if I and other colleagues who know about the radioactive material died? Who would know where the radium was kept, because the OAEP has never asked us about storage of the substance?" All radium used by the institute was safely stored in a small warehouse in Pathum Thani's Thunyaburi, which deputy Science Minister Pornthep Tejapaibool visited on February 24. Kijja Chongkitivit, of the Department of Medical Sciences who often uses Cobalt-60, said the OAEP neglected to supervise all users of the material. The Atomic Energy for Peace Act, he said, controlled only the procedures of importing and transfer of the substances. "The law was drawn up and enacted during the period that the OAEP wanted to promote the use of radiation, so it didn't state regulations to which users had to adhere. I believe at present many radioactive materials are in the hands of people who don't know about the dangers of radioactivity," said the physicist. Besides, the OAEP could not provide the documents related to radioactive material, particularly Cobalt-60, being used in the country - it asked for information from other participants, he said. Kijja submitted a list of Cobalt-60 machines being used in hospitals to the OAEP and the ministers. According to the list, 26 machines are being used in 18 hospitals and eight cancer institutes nationwide. There were also nine machines which were not in use. Seven of these belonged to Kamol Sukosol Electric Co - whose machines featured in the recent leak. Another belonged to Siemens (Thailand) and the other to CTI Trading. Asked Kijja: "I know three have been kept by the OAEP, and the other three have been hitting the headlines for days. So what about the last three machines?" None of the OAEP representatives could give him an answer. Kamol Sukosol Electric on February 23 met the Metropolitan Police deputy commander division 4 Prachuap Pao-in to file a complaint about four patients in the Samut Prakan Hospital. The company accused Jitsen Chantanasakha, Sonthaya Sraprathum, Wissanu Sa-nguanphong and Boonthueng Sila stole or were involved in the theft of company property. The company filed four complaints including intruding; theft; stealing and; accepting stolen goods. "We know they are poor, but we have to file the charges to prevent us being charged as part of their crime," said the company's medical device division manager Chaweng Suwannarat. He said the company required an official police investigation to be undertaken. This is known as passing the buck from the wealthy elite to the poor who cannot defend themselves. This seems to be a common passtime among Thailand's economic and political elite. Responding to the OAEP charge received on on February 22, he said the company's only fault was that it had not informed the authority of its removal of Cobalt-60 waste. A grave fault, indeed and not to be glossed over glibly The company denied another two charges that it was careless and caused damage to the public and also the charge that it did not report the theft of its Cobalt-60 to the authority. It claimed the theft occurred on Saturday, so it was impossible to officially report it. Chaweng said the company would not pay compensation to those who stole the company material, only to innocent victims. Of course, they are in thw wrong because ignorance is no excuse. One must take all possible precautions to protect the public from such dangerous substances. The fact, the radioactive material could be so easily stolen indicates that such precautions were not taken. Therefore they are guilty. Meanwhile, five environmental and consumer non-governmental organisations staged a press conference for the first time since the accident. They condemned the authorities, particularly the OAEP, claiming that it failed to control the use of radioactive material and protect the public. They demanded the government review Ongkharak's new nuclear research reactor for three reasons: its non-transparent process; the lack of safety guarantees and; local opposition to the project. Another demand was that a new authority be formed to oversee nuclear facility regulation, because that responsibility currently falls on the OAEP which had demonstrated it is quite irresponsible in carrying out its mandate. "For the sake of public safety, the OAEP should not be the nuclear facility regulatory authority. The new authority must be neutral and composed of representatives from various sectors, not just the nuclear experts who promote nuclear use," said an NGO representative. NGOs also asked the government to investigate the OAEP for failing to control radioactive materials safely and called on the company to compensate all patients who were victims of the accident. "All 500 hospitals and factories that are using Cobalt-60 must now be declared in the radiation zone," the group added. Responding to the NGOs' demands, OAEP deputy secretary-general Pathom Yaemket denied that people at Ongkharak opposed the project. He said any allegations of the project's non-transparency should be ignored until an investigation by the National Counter Corruption Commission was completed. The question arises, however: why should there be non-transpaency in the first place? Corruption and venal authorities, as always. He said the radioactive waste from the accident and other Cobalt-60 waste was now to be stored at Ongkharak research centre when it was completed, until the waste was inactive. A long wait. Paying a heavy price for a bit of scrap Jitsen Chansakha, a scrap dealer who bought the Cobalt-60 canister from some workers in the parking lot in the On Nut district, said he felt sick soon after touching the radioactive container. With tears in his eyes, Jitsen recounted from his bed in Samut Prakan Hospital how his hands had become hot and itchy immediately he began to handle the canister. Jitsen said the workers had called out to him as he was riding by on his tricycle and offered to sell him the canister. He had paid Bt8,000 for the scrap. Jitsen said he did not know what it was, but thought it was made of aluminium with lead inside. He said he and three relatives tried to cut open the canister on February 1 but failed, so he decided to sell it to Somjit scrap shop in Samrong district. A shop worker opened it with a gas cutter, and inside there were five flashlight-like metal bars. "The shop asked me to take the bars back. At that time, I already felt dizzy and got a bad headache. I dropped them on the way home and not long after that I vomited," Jitsen said. He said he was sick every day until he went to see doctors on February 13 and was admitted to hospital the following day. He said three relatives later became ill, suffering from the same symptoms. "Please don't regard me as a thief, I simply bought it. I did nothing wrong," Jitsen said. Doctors said Jitsen was in the most serious condition of all the patients. The skin cells on his hands had died and his hands had started to rot. His white blood-cell count had dropped to 6,000 milligrams compared with a normal count of 8,000 milligrams. Meanwhile at his shanty house in a slum community on Soi Mahatthai 2 in Praves district, Jitsen's wife, Mee, said she hoped her husband would get well soon and return to the scrap-collector's trade. Mee said she was unemployed and stayed at home with her six-year-old daughter. Mee said Jitsen kept the canister near the house but she and her daughter had not been affected by the radiation. "I hope he will recover soon and return to his trade. I don't think he will be so unlucky again," Mee said. Jitsen's one-storey house is built over polluted water. It is constructed from bits of srcap wood and gypsum boards and there are holes in the walls. The house is next to the shanty of Sonthaya Sraprathum who helped Jitsen deliver the canister to the scrap shop. Sonthaya's right hand has became rotten and his white blood-cell count was low. Sonthayas' cousin, Withoon Sa-nguanpong, who was staying at his house, said Sonthaya had a seven-year-old daughter and his wife was unemployed. Sonthaya's aged mother was also staying with them. Withoon said he had to take care of the family by buying and selling scrap now that Sonthaya was sick. Withoon said he hoped his cousin would recover soon, so that he would return to the trade and help him support his family. Five more residents found with abnormal blood counts Five more people living near the site of the Cobalt-60 radiation leak were found to have an abnormally low blood count, according to Samut Prakan Hospital. The hospital and the Samut Prakan Provincial Public Health Office on February 28 sent a medical team to provide check-ups for everyone living within a 50-metre radius of the spot where waste Cobalt-60 was discovered. According to the team, about 500 people turned up to be checked. The preliminary blood tests showed that five had abnormally low white blood cell counts, lower than 5,000 cells per cubic millimetre. Although the five residents had not yet developed any symptoms, Samut Prakan doctors monitored their condition closely. According to an official of the Ministry of Public Health, Rajvithi Hospital on February 28 assigned two radiation officials to measure the level of radioactivity at the leak site, and found no evidence of radioactivity left in the area. Meanwhile, the original four victims of radiation exposure were still in serious condition in Samut Prakan Hospital. Doctors were giving them medication to stimulate their production of white blood cells. Doctors were trying to contact Witsanu's brother, Yutthana Sa-nguanphong, 34, who reportedly cleaned up the site where the four victims had removed Cobalt 60 from its canister. Doctors suspect that Yutthana has also been contaminated. The deputy secretary-general of the Office of Atomic Energy for Peace (OAEP), Manoon Aramrat, on February 28 declared that the agency had the capability to handle radiation accidents and effectively manage radioactive substances, but said premises where radioactive items are stored should have strong security measures to prevent theft. 29 diagnosed with dose of radiation Twenty-nine more people were diagnosed as being contaminated with radiation from Cobalt-60, in the aftermath of the leak of the substance in Samut Prakan. One of the victims had a critically low white blood cell count, the deputy director of Samut Prakan Hospital said on February 29. Dr Chainarong Somchart said blood tests taken from residents of the Soi Mahawong community of Samut Prakan's Muang district by the hospital's medical team revealed the extent of the contamination. The scrap trading shop where the leak occurred was closed and the area declared off-limits. But free check-ups offered to the community on Monday declared another 29 residents contaminated, Chainarong said. Their white blood cell counts were lower than normal levels by between 100 and 200 per cubic milligram. One of the 29, identified as Premjai Makphong, was found to have a dangerously low white cell count, only 3,850 per cubic milligram. The white blood cell count should normally be between 8,000 and 10,000. The hospital had been trying to contact Premjai to give her medical treatment, the doctor said. By the end of February they had already found five of the 29. Director-general of the Medical Services Department, Dr Mongkhol na Songkhla, gave a progress report on the 10 people being treated for radiation poisoning. Mongkhol said four were not in danger and had been allowed to leave hospital. The other six were still in critical condition. The bone marrow in their spinal cord, which produces white blood cells, was badly infected and their cell count was very low. The six would require months of medical treatment and rehabilitation, he said. The Medical Services Department would shoulder the expense of treating the six patients, Mongkhol said. Deputy Science Minister Pornthep Tejapaibul said the Science Ministry set up a committee to establish a central area where unused Cobalt-60 canisters could be safely stored. Pornthep said that heads of the Office of Atomic Energy for Peace (OAEP) on February 29 met the Cabinet to talk about how Cobalt 60 was stored and other related information. OAEP members told Cabinet that Thailand had imported 39 Cobalt 60 canisters. Among those, 25 were being used in hospitals, manufacturing and scientific laboratories. Fourteen were not being used, Pornthep said. Three canisters were being used by industrial manufacturers, seven were being used in scientific research laboratories and OAEP had been keeping seven unused canisters in storage. The remaining seven unused canisters were being kept separately in different hospitals. All 39 canisters had been checked by radiation experts, he said. Pornthep said in his opinion the legislation concerning Cobalt-60 storage should be revised. Additionally, when the radioactive material and its canister were of no more use it should be returned for proper disposal to the country of origin. Thailand needed to import cobalt, as it was used for chemotherapy on cancer patients, the deputy minister said.