Prevention of Major Industrial Accidents Convention, 1993 (No. 174) - India (RATIFICATION: 2008)

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The Committee notes the information provided by the Government in response to its previous requests on Article 16 of the Convention, on off-site emergency preparedness, Article 18, concerning inspections, and Article 19, concerning the right to suspend operations.

Article 4. National policy concerning the protection of workers, the public and the environment against the risk of major accidents. The Committee previously noted the elements of the National Policy on Safety and the Environment of 2009 concerning the risk of major accidents, and in particular the measures of the Policy’s Action Programme aimed at the prevention of catastrophes. It requested the Government to provide further information on the measures taken in line with this National Policy. The Committee notes the Government’s statement in its report that the comprehensive legislation on the safety, health and welfare of workers, the Factories Act, 1948, and the rules framed thereunder, is enforced by state governments. The Government indicates that it is therefore for state governments to take adequate measures to prevent major accidents or catastrophes in the factories registered under the Factories Act. The Committee requests the Government to provide information on the specific measures taken by state governments to implement the national policy concerning the protection of workers, the public and the environment against the risk of major accidents. It also requests the Government to provide information on any measures taken to periodically review this policy, in accordance with Article 4(1) of the Convention.

Articles 20 and 21. Rights and duties of workers and their representatives. The Committee notes that the Government, in reply to its previous comments, refers to section 41G of the Factories Act which states that a safety committee shall be set up in every factory where a hazardous process takes place. Section 41G(2) states that the composition of such safety committees, and the rights and duties of its members, shall be such as may be prescribed. The Committee requests the Government to provide extracts of the state rules adopted, or any other regulations, which prescribe the rights and duties of the members of safety committees established in factories where a hazardous process takes place.

Article 20(e). Imminent danger. The Committee notes that under section 41H of the Factories Act workers employed in any factory engaged in a hazardous process who have reasonable apprehension that there is a likelihood of imminent danger to their lives or health due to any accident, may bring this to the notice of the occupier, agent, manager, person in charge or the inspector, directly or through their representatives in the safety committee. The Committee recalls that pursuant to Article 20(e) of the Convention, workers and their representatives have a duty, within the scope of their job and without being placed at any disadvantage, to not only notify their supervisor, but also to take corrective action. The Committee requests the Government to provide information on any measures taken or envisaged to give full effect to Article 20(e) of the Convention.

Article 22. Responsibility of exporting States. The Committee notes that the Government, in reply to the Committee’s previous request, once again refers to section 18 of the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989, which addresses the import of hazardous chemicals to India. The Committee recalls that Article 22 of the Convention provides for the responsibility of exporting States to collect and communicate information to importing States regarding any prohibition of the use of hazardous substances, technologies or processes regarded as potential sources of a major accident. The Committee requests the Government to take the necessary measures to ensure that information on any prohibitions in India on the use of hazardous substances, technologies or processes as a potential source of a major accident is made available to any importing country.

Application in practice. The Committee notes the Government’s indication that there are 1,756 major accident hazard factories in the country in which 225 hazardous chemicals are stored or handled and that 1,448 emergency plans have been prepared for these factories. In 2013, the State Labour Inspection services conducted 14,072 visits to hazardous factories. With respect to the port sector, inspectors for dock safety in 2014 carried out 39 visits to major hazard installations, such as isolated storage places and pipelines. The Committee requests the Government to continue to provide information on the application of the Convention in practice.

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Legislation. The Committee notes the information provided in the Government’s report, and in particular the amendment to section 2(cb) of the Factories Act, 1948 regarding the definition of a “hazardous process”. The Government further indicates that a new section 2(cc) to define “hazardous substance” has been proposed in relation to the Environmental (Protection) Act, 1986, and that amendments to Chapter IV-A of the Factories Act have been proposed to bring the provision relating to hazardous processes in line with this Convention. The Committee asks the Government to keep the Office informed of any legislative changes in this respect.

Article 4 of the Convention. National policy. The Committee notes the elements of the National Policy on Safety and the Environment concerned with the risk of major accidents, and in particular the aspects of the Policy’s Action Programme which includes measures to prevent catastrophes. The Committee asks the Government to provide further information on the specific measures that have been taken in line with this National Policy to prevent catastrophes; and to indicate what actions have been taken in industrial zones with high potential risks, and how these concern the protection of workers, the public and the environment.

Article 16. Off-site emergency preparedness. The Committee notes Rule 15 of The Major Accident Hazard Control Rules, 1997 and The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989, which prescribes the information to be given by the occupier to persons liable to be affected by a major accident. The Committee recalls that under Article 16, it is the competent authority that has the responsibility to ensure that information on safety measures is disseminated to members of the public liable to be affected by a major accident, and that such information is updated and re-disseminated at appropriate intervals; to warn as soon as possible in the case of a major accident; and where a major accident could have transboundary effects, that this information is provided to the States concerned. The Committee asks the Government to provide further information on the effect given to this Article.

Article 18. Inspection. Qualifications, training and skills. Possibility for employers and workers to accompany the inspectors. The Committee notes that the attached Rules are silent concerning the requirements of this Article. It further notes that section 8 of the Factories Act specifies that the State Government may appoint such persons as possessing the prescribed qualification to be inspectors. The Committee requests the Government to provide further information on the measures taken to ensure that the competent authority has properly qualified and trained staff with the appropriate skills, and sufficient technical and professional support, to inspect, investigate, assess and advise on the matters dealt with in this Convention, and that representatives of employers and workers may accompany these inspectors, as provided for in Article 18.

Article 19. Right to suspend any operation. The Committee notes that the Government’s report is silent on this matter. The Committee requests the Government to provide information on measures taken to allow the competent authority to suspend any operation which poses an imminent threat of a major accident.

Articles 20 and 21. Rights and duties of workers and their representatives. The Committee notes that section 41G of the Factories Act deals with workers’ participation in safety management, including promotion of cooperation between workers and management in maintaining proper safety and health at work. The Committee asks the Government to provide further information detailing the legislative and practical measures giving effect to the specific requirements of Articles 20 and 21.

Article 22. Responsibility of exporting States. The Committee notes the response provided by the Government concerning section 18 of the MSIHC Rules, which provides for the import of hazardous chemicals. Recalling that Article 22 requires an exporting State to make any relevant information on hazardous substances, technologies or processes known to any importing State, the Committee asks the Government to indicate the measures taken to ensure full effect is given to Article 22 of the Convention, in law and in practice.

Part V of the report form. Application in practice. The Committee notes the information provided in the Government’s report concerning hazardous processes in the manufacturing and port sector. The Government indicates that there are 1,752 major accident hazard factories in the manufacturing sector in which 223 hazardous chemicals are stored or handled, and that 1,146 on-site emergency plans have been prepared for these factories. In 2010, the total number of hazardous factory inspections carried out under the Factories Act was 12,888. As for the port sector, the Government indicates that there are 13 major accident hazard installations in the 12 major ports of which ten are for storage and three for pipelines. During 2011–12, the inspectors of dock safety carried out 39 inspections of major hazardous installations. The Committee asks the Government to continue to provide information on the practical application of the Convention in the country.

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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.]