Maximum Weight Convention, 1967 (No. 127) - India (Ratification: 2010)

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.

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

Article 2(2) of the Convention. Scope of application of the Convention. Small factories. The Committee previously noted that section 2(m)(i) and (ii) of the Factories Act, 1948 limits the 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). Section 85 of the Act allows a state government, by notification in the Official Gazette, to extend application of the provisions of the Act to certain premises not covered by section 2(m). The Committee notes the Government’s indication in its report that many state governments have notified manufacturing units as factories under the Factories Act. Recalling that the Convention applies to all branches of economic activity, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the protection contained in this Convention is applied to workers in manufacturing units with fewer than ten workers (with the aid of power) or 20 workers (without the aid of power).

Article 3. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee previously noted that section 34 of the Factories Act provides that no person shall be employed in any factory to lift, carry or move any load so heavy as to cause them injury. Section 34(2) of the Act provides that state governments may make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women or young workers in any class or description of factories. In addition, the Model Rules under the Factories Act, issued as guidance for state governments, set out maximum weight limits for male and female adults, as well as young persons (Model Rule 64). The Committee requested information on whether any state governments had made rules prescribing the maximum permissible weight.

The Committee notes the Government’s statement, in its report, that the State Factories Rules notified by various state governments prescribe the maximum weight to be handled by workers while working in factories. The Committee requests the Government to specify which state governments have adopted State Factories Rules that prescribe the maximum weights which may be lifted, as permitted under section 34(2) of the Factories Act. It also requests the Government to submit an extract of the relevant Rules of each state.

Article 7. Young workers. The Committee notes that the guidance contained in Model Rule 64 prescribes maximum weights for young persons between the ages of 15 and 18 years (male and female), and for young persons aged 14 and 15 years. The Committee also notes that the Government is in the process of developing legislation to amend the Child Labour (Prohibition and Regulation) Act, 1986. In this regard, the Committee draws the Government’s attention to the guidance contained in 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 invites the Government to continue to provide information on any measures taken concerning the assignment of persons under 18 to the regular manual transport of loads.

Application in practice. The Committee notes that the Government does not provide the information previously requested on the application of the Convention in practice and only indicates that the Factories Act and the State Factories Rules under that Act are enforced by the respective state governments. The Committee once again requests the Government to provide information on the manner in which the Convention is applied in practice, including, for example, the number and nature of the contraventions reported and the number, nature and cause of accidents reported.

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

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.