The International Labour Organization (ILO) has developed a code of practice for Major Accident Control. The purpose of this code is to provide guidance for employers, workers, and their representatives on the prevention, preparedness, and response to major accidents in the workplace.
The code of practice emphasizes the importance of developing and implementing a comprehensive safety management system that includes risk assessment, hazard identification, and emergency response planning. It also provides guidance on the roles and responsibilities of employers, workers, and their representatives in major accident prevention and response.
Some key elements of the ILO code of practice for Major Accident Control include:
- Developing and implementing a safety management system that includes a written safety policy, risk assessments, and emergency response plans.
- Providing adequate training and information to workers on major accident prevention and response.
- Conducting regular safety audits and inspections to identify and address hazards.
- Establishing clear lines of communication and coordination between employers, workers, and emergency responders.
- Ensuring that appropriate emergency response equipment and resources are available and maintained.
- Conducting regular emergency response drills and exercises to test and improve the effectiveness of emergency response plans.
- Establishing procedures for investigating major accidents to identify their causes and prevent future incidents.
Some Important ILO Conventions
ILO Convention 187-
The Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) is an international treaty adopted by the International Labour Organization (ILO) in 2006.
The Convention aims to promote a preventive safety and health culture in the workplace by establishing a framework for national occupational safety and health policies and programmes. It emphasizes the importance of cooperation between employers, workers, and their representatives in identifying and managing workplace hazards.
The convention provides a framework for promoting occupational safety and health (OSH) in all sectors of economic activity. Convention has total 14 Articles covered in 6 Sections.
4 Important sections in the conventions are as follows-
1) National policy-National policy on occupational safety and health and the working environment developed in accordance with the principles of Article 4 of the Occupational Safety and Health Convention, 1981 (No. 155)
2) National system for occupational safety and health or national system- This refers to the infrastructure which provides the main framework for implementing the national policy and national programmes on occupational safety and health.
3) National Programme on occupational safety and health or national Programme- This refers to any national Programme that includes objectives to be achieved in a predetermined time frame, priorities and means of action formulated to improve occupational safety and health, and means to assess progress.
4) National preventative safety and health culture- This refers to a culture in which the right to a safe and healthy working environment is respected at all levels, where government, employers and workers actively participate in securing a safe and healthy working environment through a system of defined rights, responsibilities and duties, and where the principle of prevention is accorded the highest priority.
As of May 2023, the convention has been ratified by 50 countries, including Canada, France, Germany, Japan, and the United Kingdom. Countries that ratify the convention are required to implement its provisions within their national laws and regulations, and to report regularly to the ILO on their progress in promoting OSH. (Not Ratified by India)
ILO Convention 155-
ILO's convention 155 is a convention on occupational safety and health. It provides for the adoption of a coherent national occupational safety and health policy, as well as action to be taken by governments and within enterprises to promote occupational safety and health to improve working conditions. Convention has 5 Parts covers 30 Articles. Convention No. 155 entered into force on 11 August 1983 and has been ratified by 70 countries to date. (Not Ratified by India)
Five Important Parts of convention:
(i) Scope and Definition regarding branches of economic activity, workers, workplace, regulations and health.
(ii) Principles of National Policy concerning SHE to prevent accidents and injury. It should include safety of workplaces, working environment, tools, machinery, equipment, work processes and chemical, physical and biological agents, training, communication and cooperation, respective functions and responsibilities.
(iii) Action at the National level requiring formulation and enforcement of laws and regulations, guidance to employers and workers, functions of authorities, designers and manufacturers, imminent danger, education and training.
(iv) Action at the level of undertaking regarding safety of workplaces, machinery, processes and etc., control measures including PPE, emergency plans, obligations of workers, safety training, reporting of imminent danger and co-operation.
(v) Final Provisions requiring ratification ,denunciation after 10 years etc.
ILO Convention 167-
ILO Convention 167, also known as the Safety and Health in Construction Convention, was adopted by the International Labour Organization (ILO) in 1988. The convention aims to ensure the safety and health of workers in the construction industry, which is one of the most hazardous industries in the world.
Convention 167 requires governments to establish and enforce national policies and regulations to ensure the safety and health of workers in the construction industry. The convention also requires employers to provide a safe working environment and to ensure that workers receive adequate training and equipment to perform their jobs safely.
Convention has 5 parts covers 44 Articles . Under Convention 167, governments are required to establish and enforce regulations related to the following areas:
1) The design and construction of buildings, structures, and equipment
2) The maintenance and inspection of buildings, structures, and equipment
3) The use of materials and substances that could be hazardous to workers
4) The use of machinery and equipment, including the installation and operation of such equipment
5) The handling and storage of materials and substances
6) The provision of protective equipment and clothing.
Convention 167 has been ratified by more than 50 countries, including the United States, Canada, and the United Kingdom. (Not Ratified by India)
ILO Convention 170-
The Chemicals Convention, 1990 (No. 170) is an international treaty adopted by the International Labour Organization (ILO) on June 25, 1990. The Convention aims to protect workers and the general public from the hazards of toxic substances by establishing standards for the handling, storage, and transport of chemicals.
The Convention requires its signatories to develop and implement national policies to ensure that workers are protected from exposure to toxic substances in the workplace. These policies should include measures to prevent accidents and limit exposure to toxic chemicals through the use of appropriate safety equipment and procedures. Convention is having 7 parts covering 27 Articles.
Following are the important parts of the Convention 170-
1) Scope and Definition refers to applicability regarding branches of economic activity, workers, workplace, regulations and health. Applicability refers to the following actions while
production, handling ,storage ,transport ,disposal and treatment of waste chemicals, release of chemicals resulting from work activities ,maintenance, repair and cleaning of equipment and containers for chemicals
2) General Principles- Involvement of the authority and responsibility , representatives of the concerning stakeholders
3) Classification & Related Measures - Classification of all chemicals according to the type and degree of their intrinsic health and physical hazards , Labeling and marking , chemical safety data sheet , responsibilities of supplier.
4) Responsibilities of Employer- Identification , transfer of chemical , exposure , operational control, disposal, Information & training , Co-operation.
5) Duties of Worker- Responsibilities ,safe practice, cooperation
6) Responsibilities of Exporting states- When in an exporting member State all or some uses of hazardous chemicals are prohibited for reasons of safety and health at work, this fact and the reasons for it shall be communicated by the exporting member State to any importing country.
ILO Convention 174-
ILO Convention 174, also known as the Prevention of Major Industrial Accidents Convention, is a legally binding international treaty adopted by the International Labour Organization (ILO) in 1993. The convention aims to prevent and mitigate major industrial accidents that can cause serious harm to workers, the public, and the environment. Convention applies to major hazard installations. Convention contains 7 Parts covering 30 Articles.
The convention requires member states to develop a national policy for the prevention of major industrial accidents, including measures for identifying and assessing major hazards, preventing accidents, and preparing for emergency response. Member states must also establish a competent authority responsible for overseeing the implementation of the convention and ensuring compliance with its provisions
By ratifying ILO Convention 174, member states commit to taking all necessary measures to prevent and minimize the impact of major industrial accidents, and to provide appropriate compensation and rehabilitation to those affected by such accidents. As of May 2023, 50 countries have ratified the convention. (Ratified by India)
Following are the important parts of the Convention 174-
1) Scope and Definition refers to the applicability of the conventions ,exemption.
2) General Principles- Involvement of the authority and responsibility , representatives of the concerning stakeholders
3) Responsibilities of Employee- Identification of major hazards installation, notification to the employee, arrangements at the level of installation , Safety Report , Accident reporting ,
4) Responsibilities of competent authorities - Onsite emergency preparedness , siting of major hazards installations , inspection
5) Rights and duties of the workers and there representatives - Adequately and suitably informed of the hazards associated with the major hazard installation. Informed of any orders, instructions or recommendations made by the competent authority. Regularly instructed and trained in the practices and procedures.
6) Responsibilities of Exporting states- 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.
ILO Recommendation 164-
ILO Recommendation 164 is a recommendation adopted by the International Labour Organization (ILO) in 1982. The full title of the recommendation is "Recommendation concerning the employment relationship," and it sets out guidelines for the legal and practical aspects of the employment relationship between workers and employers.
The main objective of Recommendation 164 is to promote decent working conditions and fair treatment for workers, while also recognizing the legitimate interests of employers. It provides guidance on issues such as employment contracts, working conditions, wages, social security, and collective bargaining.
Some of the key provisions of Recommendation 164 include:
- Ensuring that employment relationships are based on clear and written agreements that specify the terms and conditions of employment, including wages, working hours, and leave entitlements.
- Promoting equal treatment for all workers, regardless of their race, gender, religion, or other personal characteristics.
- Protecting workers from arbitrary dismissal and ensuring that any dismissals are based on valid reasons and carried out in accordance with established procedures.
- Providing adequate social security protection for all workers, including access to healthcare, maternity benefits, and pension schemes.
- Encouraging collective bargaining between workers and employers to negotiate better working conditions, wages, and other employment-related issues.
Recommendation 164 is not legally binding, but it serves as a useful reference for governments, employers, and workers' organizations when developing national policies and legislation on employment.
ILO Recommendation 175
ILO Recommendation 175 is a non-binding international instrument adopted by the International Labour Organization (ILO) in 1993, alongside Convention 174 on the Prevention of Major Industrial Accidents. The recommendation provides additional guidance to member states on the implementation of the Convention, but is not legally binding like the Convention.
Recommendation 175 encourages member states to establish and implement comprehensive national policies for the prevention of major industrial accidents, consistent with the provisions of Convention 174.
The recommendation sets out a series of specific measures that member states should consider when developing their policies, including:
- Conducting hazard identification and risk assessment to determine the potential for major industrial accidents;
- Establishing safety management systems and safety culture within hazardous facilities;
- Implementing measures to prevent major industrial accidents, such as design improvements, safety procedures, and emergency preparedness;
- Establishing measures for reporting and investigating major industrial accidents, and sharing information and lessons learned with relevant stakeholders;
- Ensuring that workers and their representatives are involved in the development and implementation of safety measures, and providing appropriate training and education on hazard prevention and emergency response.
Recommendation 175 also encourages member states to develop bilateral and multilateral cooperation and information exchange mechanisms with other countries, relevant international organizations, and industry stakeholders to strengthen the prevention and preparedness for major industrial accidents.
Although ILO Recommendation 175 is not legally binding, it provides guidance to member states on the best practices for preventing major industrial accidents and promoting safety and health in the workplace.
ILO Convention 161-
ILO Convention 161, officially known as the Occupational Health Services Convention, 1985, is an international labor standard adopted by the International Labour Organization (ILO).
Convention 161 focuses on the establishment and operation of occupational health services in workplaces. Occupational health services refer to the various activities and measures undertaken to promote and maintain the physical and mental well-being of workers in relation to their work. These services include preventive and curative measures, as well as promoting the adaptation of work to the capabilities of workers.
Convention has a total 24 Articles covered in 5 Parts.The key provisions of ILO Convention 161 include:
Important Parts of the Convention 161-
1) Scope and Definitions: The convention defines the scope of occupational health services and provides definitions of relevant terms.
2) Access to Occupational Health Services: It emphasizes that workers should have access to occupational health services, regardless of the size and nature of the workplace.
3) Responsibility of Employers: Employers are responsible for providing occupational health services to workers, including preventive and protective measures, medical examinations, and health education.
4) Multidisciplinary Approach: The convention encourages a multidisciplinary approach to occupational health services, involving cooperation between employers, workers, and competent occupational health professionals.
5) Confidentiality and Privacy: It emphasizes the importance of maintaining confidentiality and privacy in relation to medical records and information obtained through occupational health services.
6) Training and Qualifications: The convention highlights the need for appropriate training and qualifications of occupational health professionals providing these services.
Cooperation and Consultation: It promotes cooperation and consultation between employers, workers, and their representatives in the development, implementation, and evaluation of occupational health services.
ILO Convention 161 and its correlation with Factories Act 1948,
1) Section 7A-General Duties of Occupier
2) Form 6 Certificate of fitness -Rule 18 - Duties of certifying surgeon sub rule 2
3) Form 7 health register -Rule 18 -Duties of certifying surgeon sub rule 7
4) Rule 73V- Medical examination
5) Rule 73 W -Occupational health centers
6) Rule 73X- Ambulance van
7) Rule 73 Z- Making available health records to worker.
ILO Recommendation 177-
ILO Recommendation 177 is a non-binding international instrument adopted by the International Labour Organization (ILO) in 1995, alongside Convention 174 on the Prevention of Major Industrial Accidents. The recommendation provides additional guidance to member states on the management of occupational safety and health in the workplace.
The recommendation emphasizes the need for member states to establish and implement a comprehensive national policy for occupational safety and health, which takes into account the specific needs and characteristics of different industries and workplaces. The policy should include measures to identify and assess workplace hazards, prevent accidents and injuries, and promote the physical and mental health of workers.
Recommendation 177 also sets out a series of specific measures that member states should consider when developing their occupational safety and health policies, including:
- Developing a national occupational safety and health policy and framework, which includes legislation, regulation, and enforcement mechanisms;
- Establishing systems for the identification, assessment, and control of workplace hazards;
- Providing information, education, and training to workers and employers on occupational safety and health;
- Establishing systems for the reporting and investigation of accidents and occupational diseases, and using this information to identify and address workplace hazards;
- Ensuring the participation of workers and their representatives in the development, implementation, and evaluation of occupational safety and health policies and programs.
Recommendation 177 also encourages member states to establish cooperation and coordination mechanisms among government agencies, employers, workers, and their representatives, and to promote research and development in the field of occupational safety and health.
Although ILO Recommendation 177 is not legally binding, it provides guidance to member states on the best practices for managing occupational safety and health in the workplace, and can serve as a basis for the development of national policies and programs.
ILO Recommendation 181-
The Prevention of Major Industrial Accidents Recommendation 181 is a set of guidelines developed by the International Labour Organization (ILO) and the International Council of Chemical Associations (ICCA) to prevent major industrial accidents. The recommendation was adopted in 1993 and provides a framework for governments, employers, workers, and other stakeholders to prevent industrial accidents.
The main objective of Recommendation 181 is to prevent accidents that can result in severe damage to human health, the environment, and property. The recommendation provides guidance on how to identify hazards and assess risks, develop and implement safety management systems, and establish emergency preparedness plans. It also emphasizes the importance of ensuring that workers have the necessary training and skills to work safely.
Some of the key elements of Recommendation 181 include:
- Hazard identification and risk assessment: Employers should identify potential hazards associated with their operations and assess the risks to workers, the public, and the environment.
- Safety management systems: Employers should develop and implement a safety management system that includes policies, procedures, and processes to manage hazards and prevent accidents.
- Training and competence: Employers should ensure that workers have the necessary training and competence to work safely.
- Inspection and maintenance: Employers should regularly inspect and maintain equipment, facilities, and installations to ensure their safe operation.
- Emergency preparedness and response: Employers should develop and implement emergency preparedness plans and procedures to respond to accidents and minimize their impact.
- Communication and participation: Employers should promote communication and participation between workers, employers, and other stakeholders to improve safety.
Overall, Recommendation 181 provides a comprehensive approach to preventing major industrial accidents. By following its guidelines, employers can minimize the risk of accidents and ensure the safety of their workers, the public, and the environment.
References-
Google.com
ILO website
NSO Notes
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