Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

Convention (n° 136) sur le benzène, 1971 - Inde (Ratification: 1991)

The Committee notes the information supplied by the Government in its latest report under the Convention. With reference to its previous comment, the Committee would draw the Government's attention to the following points.

1. Article 1 of the Convention. The Committee notes that, according to the Government's report, at present three more states have initiated action concerning the adoption of the "Model Schedule XXI on Benzene" of the Model Rules under the Factories Act, 1948, and that the remaining states which have not adopted the Model Schedule do not have factories using or manufacturing benzene. The Committee would note that some of the provisions of the Convention are applied by the Factories Act of 1948 and its Second Schedule, whose scope is, however, limited by the definition of factory under section 2(m) which does not include establishments that do not employ more than ten or, without the aid of power, 20 workers, and establishments which are not engaged in manufacturing processes; and that, within the same limited scope of application, further provisions of the Convention are applied by the Model Schedule XXI on Benzene of the Model Rules under the Factories Act of 1948, whose scope is further limited to states and union territories having adopted this Model Schedule.

The Committee recalls that the Convention applies to all activities involving exposure of workers to benzene or products containing benzene, and should include in the scope of its application premises or establishments which may not be considered as a "factory" under the Factories Act of 1948. It accordingly requests the Government to indicate, in its next report, the measures that have been taken or proposed to give effect to the provisions of the Convention in all activities involving exposure of workers to benzene or products containing benzene, regardless of the size of the establishment or the nature of the activity.

2. Article 10, paragraph 2. Pursuant to section 114 of the Factories Act, no fee or charge shall be realized from any worker in respect of any arrangements or facilities to be provided for equipments or appliances to be supplied by the occupier under the provisions of the Factories Act. The Committee recalls that Article 10, paragraph 2, of the Convention calls for medical examinations of workers who are employed in work processes involving exposure to benzene, or to products containing benzene, which shall not involve the workers in any expense. The Committee would therefore request the Government to indicate the measures that would ensure that pre-employment and annual medical examination of workers will not involve the workers in any expense.