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

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

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), 127 (maximum weight), 136 (benzene) and 174 (major industrial accidents) together.

Legislative developments and application in practice of Conventions Nos 115, 127, 136 and 174. The Committee notes the adoption of the Occupational Safety and Health and Working Conditions Code, 2020, consolidating provisions of 13 laws, including the Factories Act, 1948 and the Mining Act, 1952. It observes, however, that pending the entry into force of the Code, the Factories Act, 1948, remains in force. In this regard, the Committee notes the statistics in the report of the Government, including the number of recorded convictions under the Factories Act, 1948, which rose from 2,563 in 2020 to 4,280 in 2022. In addition, the Government indicates that 839 fatal injuries were recorded in 2022. The Committee requests the Government to continue to provide information on the measures taken to ensure the full application of the ratified Conventions on OSH in practice, as well as statistics of violations detected, of occupational accidents and diseases, and the measures taken to reduce their number. The Committee also requests the Government to provide information on all measures taken towards the entry into force of the Code.

Article 2(2) of Convention No. 127. Article 1 of Convention No. 136. Article 1 of Convention No. 174. Scope of application. Small factories. Following its previous comments, concerning factories falling outside the scope of the Factories Act, 1948, the Committee observes that the Occupational Safety and Health and Working Conditions Code, 2020 has a narrower scope of application than the Factories Act, 1948. Pursuant to section 2(w) of the Code, only factories using the aid of power with 20 or more workers; or factories without the aid of power with 40 or more workers, are covered by the Code. Pursuant to section 81 of the Code, the appropriate governments are empowered to notify that the Code or parts of it applies to any place wherein a manufacturing process is carried out, irrespective of the number of workers working therein. The Committee recalls that the scope of application of the Conventions at issue is not restricted by the size of undertakings. The Committeerequests the Government to provide information on the application ofthe Conventions to factories excluded from the scope of the Factories Act and the Code.

Radiation Protection Convention, 1960 (No. 115)

Article 6(2) of Convention No. 115. Dose limits. Pregnant and breastfeeding workers. The Committee notes the Government’s indication in its report that the dose limits applicable to pregnant workers and breastfeeding workers under the safety manual of the Atomic Energy Regulatory Board (AERB) AERB/SM/0-2 (Radiation Protection for Nuclear Facilities), are being revised to align with the dose limit of 1 mSv in the latest recommendations of the International Commission on Radiological Protection (ICRP). The Committee observes that the AERB Directive No. 01/2011, for its part, prescribes a dose limit of 1 mSv for pregnant workers but does not refer to breastfeeding workers. The Committee requests the Government to continue to provide information on the developments regarding therevision of thesafety manual AERB/SM/0-2. It also requests the Government to provide clarifications as to the different dose limits found in the safety manual, compared with the AERB Directive No. 01/2011, and to specify whether the dose limit applicable to pregnant workers (1 mSv) under the AERB Directive No. 01/2011, applies equally to breastfeeding workers.

Article 13. Medical surveillance and records of individual doses. Following its previous comments on the application of this Article to temporary workers, the Committee notes the Government’s indication that the centralized National Occupational Dose Registry System keeps records of the exposure of all workers to ionizing radiations, including temporary workers, until 30 years after the termination of their employment, or until the workers attains 75 years of age, whichever is later. The Government further indicates that no cases of radiation exposure in excess of the prescribed dose limits were recorded in the period 2016–20. The Committee takes note of this information, which addresses its previous request.

Maximum Weight Convention, 1967 (No. 127)

Articles 3 and 7 of Convention No. 127. Manual transport of a load likely to jeopardize the health and safety of the worker. Young workers. Following its previous comments, the Committee notes the Government’s indication in its report that it will send information, when available, regarding the state governments that have adopted State Factories Rules under section 34(2) of the Factories Act, 1948, prescribing the maximum weights which may be lifted. The Committee notes that, pursuant to section 18 of the Occupational Safety and Health and Working Conditions Code, 2020 and its Second Schedule, the Central Government shall issue notifications of OSH standards, which include standards on the maximum weights to be lifted or moved by workers. The Committee requests the Government to provide information on measures taken to adopt, under section 18 of the Code, once it enters into force, Rules prescribing the maximum weights which may be lifted, including information on provisions limiting the assignment of young workers to manual transport of loads. The Committee also requests the Government to provide further information on how it ensures, in practice, that workers are not required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety. Finally, the Committee requests the Government to continue to provide information on any other developments related to raising the age limit for the manual transport of loads.

Benzene Convention, 1971 (No. 136)

Article 10 of Convention No. 136. Provision of free medical examinations. Following its previous comments on measures to ensure that, in the state of Uttar Pradesh, all workers employed in factories using benzene are provided with free medical examinations, the Committee notes the Government’s indication that there is general compliance with the requirement under Schedule XIV of the Uttar Pradesh Factories Rules, 1950 that workers shall not bear any expenses for medical examinations. The Committee takes note of this information, which addresses its previous request.

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

Articles 20 and 21. Rights and duties of workers and their representatives. Following its previous comments on the provisions prescribing the rights and duties of safety committee members, the Committee notes that the Government refers to provisions contained in Rules adopted prior to the adoption of the Code on OSH and Working Conditions, 2020. The Committee requests the Government to provide up-to-date information on the provisions giving effect to Articles 20 and 21, once the harmonization of state Rules with the Code on OSH and Working Conditions 2020 has been completed.

Article 20(e). Imminent danger. Following its previous comments, the Committee notes the Government’s indication that, pursuant to section 89(1) of the Code on OSH and Working Conditions, 2020, 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 notify the occupier, agent, manager or any other person who is in charge of the factory or the process concerned, directly or through their representatives. The Committee requests the Government to indicate the provisions setting out that workers and their representatives, within the scope of their job and without being placed at any disadvantage, shall take corrective action and, if necessary, interrupt the activity where, on the basis of their training and experience, they have reasonable justification to believe that there is an imminent danger of a major accident (Article 20(e)).

Article 22. Responsibility of exporting States. The Committee requests the Government to provide up-to-date information on the provisions giving effect to Article 22, once the harmonization of state Rules with the Code on OSH and Working Conditions 2020 has been completed.

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

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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.]