Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

India

Radiation Protection Convention, 1960 (No. 115) (Ratification: 1975)
Prevention of Major Industrial Accidents Convention, 1993 (No. 174) (Ratification: 2008)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection) and 174 (major industrial accidents) together.

Radiation Protection Convention, 1960 (No. 115)

Articles 6(2) and 7(2) of Convention No. 115. Dose limits. Lens of the eye. Following its previous comments on the maximum permissible doses of ionizing radiations, the Committee notes the Government’s indication in its report that it is in the process of reviewing dose limits for the lens of the eye, currently fixed at 150 millisieverts (mSv) in a year, which is higher than the latest recommendations of the International Commission on Radiological Protection (ICRP). The Government indicates that a decision regarding this revision would be made after analysis of the data collected by the Atomic Energy Regulatory Board from various facilities where exposure may occur. The Committee recalls that, according to Article 6(2), maximum permissible doses and amounts shall be kept under constant review in the light of current knowledge, and that the ICRP recommends: (i) for radiation workers, an equivalent dose to the lens of the eye of 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year; and (ii) for students between the ages of 16 and 18 who use sources of radiation in the course of their studies, an equivalent dose to the lens of the eye of 20 mSv per year. The Committee requests the Government to take the necessary measures to review the maximum permissible doses established, in light of current knowledge, in accordance with Article 6(2), and to provide information on the measures taken in this regard.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Article 4 of Convention No. 174. National policy concerning the protection of workers, the public and the environment against the risk of major accidents. Following its previous comments on the implementation of the national policy concerning protection against the risk of major accidents, the Committee notes the information provided in the report of the Government regarding the legislation at the central level and in the States of Arunanchal Pradesh, Haryana, Karnataka, Uttar Pradesh and Tripura. The Committee observes that the Government refers to both rules adopted under the Factories Act, 1948, and to the Code on OSH and Working Conditions 2020 which will repeal the Factories Act, 1948, once it enters into force. Furthermore, pursuant to section 18 and the Second Schedule of the Code on OSH and Working Conditions 2020, the Central Government must issue OSH standards for factories covering a range of matters, including prevention and protection against fire and explosions. The Committee also observes an absence of information regarding the periodic review of the National Policy on Safety and the Environment of 2009 concerning the risk of major accidents, which it noted in its previous comment. The Committee recalls that, pursuant to Article 4 of the Convention, the national policy concerning the protection of workers, the public and the environment against the risk of major accidents, must be coherent and periodically reviewed, in consultation with the most representative organizations of employers and workers and with other interested parties who may be affected. The Committee further notes the statistics provided by the Government, noting fatal injuries due to explosions in factories (104 in 2020, 102 in 2021 and 60 in 2022). Accordingly, the Committee requests the Government to take the necessary measures to give full effect to Article 4 of Convention No. 174 in law and in practice, by ensuring that a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents is formulated, implemented and periodically reviewed, in consultation with the social partners and other interested parties who may be affected. It requests the Government to provide further information on any standards concerning protection against the risk of major accidents, adopted under the Code on OSH and Working Conditions 2020, including any regulations adopted on matters covered by the Second Schedule of the Code.

The Committee is raising other matters in a request addressed directly to the Government.