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

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

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.