Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee welcomes the Government’s timely first report on the application of the Convention, and notes with interest the relevant legislation and regulations in place, including the Major Accident Hazard Control (MAHC) Rules, under the Factories Act 1948, and the Manufacture, Storage and Import of Hazardous Chemical (MSIHC) Rules 1989, amended in 2000, under the Environment (Protection) Act 1986. The Committee asks the Government to continue to provide information on the relevant measures undertaken with regard to the Convention.

Article 4 of the Convention. National policy concerning the protection of workers, the public and the environment against the risk of major accidents. The Committee notes the information provided by the Government indicating that it has formulated and adopted a comprehensive National Policy on Occupational Safety, Health and the Environment at the Workplace (20 February, 2009), and that the National Policy of the Ministry of Environment and Forests for abatement of Pollution (1992) commits itself to preventing deterioration of environment due to pollution. The Government also indicates that mechanisms exist for consultation through tripartite bodies, such as the Indian Labour Conference, Committee on Conventions, Industrial Committees, etc. The Committee asks the Government to provide further information on the provisions of the national policy which are concerned with the risk of major accidents, and to indicate the preventive and protective measures for major hazard installations undertaken to implement this policy.

Articles 7 to 14. Responsibilities of employers. The Committee notes the information provided by the Government, which indicates that the MAHC Rules, the MSIHC Rules and the Model Rules, formulated under the Factories Act, cover these provisions of the Convention. The Committee notes that these regulations refer to the responsibilities of the ‘occupier’ of an industrial activity. The Committee asks the Government to provide further information on the specific provisions under the abovementioned rules, which give effect to each of the requirements under Articles 7 to 14; and to indicate the meaning of ‘occupier’ under the abovementioned Rules, in relation to the responsibilities required of an employer under the Convention.

Articles 15 to 19. Responsibilities of competent authorities. The Committee notes the information provided by the Government, which indicates that these aspects have been covered under the existing MAHC Rules and the MSIHC Rules. The Committee asks the Government to provide further information on the specific provisions under the abovementioned rules, which give effect to each of the requirements under Articles 15 to 19.

Articles 20 and 21. Rights and duties of workers and their representatives. The Committee notes the information provided by the Government, which indicates that the provisions of these Articles are substantively covered by the Factories Act, 1948. The Committee asks the Government to provide further information on the specific provisions under the abovementioned law, which give effect to each of the requirements under Articles 20 to 21, with particular reference to workers at a major hazard installation.

Article 22. Responsibility of exporting States. The Committee notes that the Government has not provided a response on the application of this provision of the Convention. The Committee asks the Government to provide further information on the measures taken or envisaged, in law and in practice, to ensure that when, in an exporting member State, the use of hazardous substances, technologies or processes is prohibited as a potential source of a major accident, the information on this prohibition and the reasons for it shall be made available by the exporting member State to any importing country.

Part V of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government on the activities of the Central Labour Institute, including the division on Major Accident Hazards Control; and that the status of occupational safety and health in all manufacturing units is monitored through regular inspections, under the Factories Act, carried out by the inspector of factories appointed by the State Governments or Union Territory Administrations. The Committee also notes that the total number of workers covered by the Factories Act in the country is 12,141,881 (as per 2008 estimates). The Committee asks the Government to continue to provide information on the application of the Convention in practice.

[The Government is asked to reply in detail to the present comments in 2012.]