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.