Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre el peso máximo, 1967 (núm. 127) - India (Ratificación : 2010)

Article 1 of the Convention. Definitions. The Committee notes that the Dock Workers’ (Safety, Health and Welfare) Act, 1986 and Regulations, 1990 do not include definitions of the terms listed in this Article of the Convention. The Committee asks the Government to indicate the measures taken to ensure that definitions of “manual transport of loads”, “regular transport of loads” and “young worker”’ are included for dock work.

Article 2(2). All branches of economic activity. The Committee notes section 2(m)(i) and (ii) of the Factories Act, 1948, which limits application of the Act to manufacturing units with ten or more workers (with aid of power) or 20 or more workers (without aid of power). The Committee further notes that section 85 allows a State Government, by notification in the Official Gazette, to extend application of the provisions of this Act to certain premises not covered by section 2(m). The Committee asks the Government to provide further information on the measures taken or envisaged to ensure that this Convention applies to manufacturing units of less than ten or 20 workers, depending on whether the process is carried out with or without the aid of power, and to indicate whether coverage of the Act has been extended by any State Government.

Article 3. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes the information provided by the Government, and in particular the maximum weight limits for male and female adults and young persons, set out in the schedule to sub-rule 2 of Model Rule 64. The Government also states that section 34 of the Factories Act allows State Governments to make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women or young workers in factories. In this regard, the Committee draws the Government’s attention to Paragraph 13 of the Maximum Weight Recommendation, 1967 (No. 128), which states that members determining maximum weight should take account of physiological characteristics, environmental conditions, the nature of the work to be done, and any other conditions which may influence the health and safety of the worker. The Committee asks the Government to indicate whether any State Governments have made rules prescribing the maximum weight of a load that needs to be considered by the employer, when evaluating the risk to the health and safety of workers when engaging in the manual transport of a load. The Committee also asks the Government to provide further information on the health and safety assessment undertaken prior to determining the prescribed weight limits in Rule 64.

Article 7. Young workers. The Committee notes with interest that the Union Cabinet approved in August proposals for amending the Child Labour (Prohibition and Regulation) Act, 1986, to ban employment of children aged up to 14 years in any form of industry, and to define children aged 14–18 years as “adolescents” and prohibit their employment in mines, explosives industries, chemical and paint industries and other hazardous establishments. In this regard, the Committee draws the Government’s attention to paragraphs 21 and 22 of the Maximum Weight Recommendation, 1967 (No. 128), which states that where the minimum age for assignment to manual transport of loads is less than 16 years, measures should be taken as speedily as possible to raise it to that level, and that the minimum age for assignment to regular manual transport of loads should be raised, with a view to attaining a minimum age of 18 years. The Committee asks the Government to continue to provide information on the legislative measures taken to give further effect to the provisions of the Convention, and in particular in regard to the manual transport of loads by young workers.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, for example, extracts from inspection reports and, where such information exists, the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.