Solicitud directa (CEACR) - Adopción: 2015, Publicación: 105ª reunión CIT (2016)

Convenio sobre la prevención de accidentes industriales mayores, 1993 (núm. 174) - India (Ratificación : 2008)

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.