Blue Lady violates ILO Conventions-1
It would be in the fitness of the things if the Supreme court (SC) took note of the existing Occupational Safety and Health Conventions, recommendations and codes of practice relevant to Ship Scrapping according to international Labour organisation (ILO) besides other international and national laws. These Conventions are:
• C 13 (White Lead Convention)
• C 115 (Radiation Prevention Convention)
• C 119 (Guarding of Machinery Convention)
• C 127 (Maximum Weight Convention)
• C 136 (Benzene Convention )
• C 139 (Occupational Cancer Convention)
• C 148 (Working Environment Convention)
• C 155 (Occupational Safety and Health Convention)
• C 161 ( Occupational Health Services Convention)
• C 162 (Asbestos Convention )
• C 170 ( Safety in the Use of Chemicals at Work Convention)
• C 174 ( Prevention of Major Industrial Accidents Convention)
Blue Lady Violation of Hazardous Waste Rules, 2003
Import of asbestos waste is banned under Hazardous Wastes (Management and Handling) Amendment Rules, 2003 "SCHEDULE - 1 [See rule 3(14)(a)] List of Hazardous Wastes-Production of asbestos or asbestos-containing materials - Asbestos-containing residues & Discarded asbestos and Dust/particulates from exhaust gas treatment
Schedule - 8 [See rule 12 (1)] Hazardous Wastes Prohibited for Import and Export
Basel* No. A 2050 RB 010 - Waste Asbestos (Dust and Fibres)
There is nothing like 'Virgin' asbestos waste. The Hazardous Wastes (Management and Handling) Amendment Rules, 2003 with regard to Asbestos Waste is mandatory and whenever it will apply it will apply only when asbestos waste is embedded in something. Therefore, it must apply to this ship...otherwise it must be explained and defined as to what is 'pure' asbestos waste.
Non-adherence to Section 87, Schedule – XIV, Factories Act, 1948
This schedule applies to breaking, crushing, disintegrating, opening, grinding, mixing or sieving of asbestos and any other processes involving handling and manipulation of asbestos incidental thereto; sawing, grinding, turning, abrading and polishing in dry state of articles composed wholly or partly of asbestos; cleaning of any room, vessel, chamber, fixture or appliance for the collection of asbestos dust; and any other processes in which asbestos dust is given off into the work environment. As per the provisions of this schedule an approved breathing apparatus and protective clothing shall be provided and maintained in good conditions for use of every person employed in chambers containing loose asbestos; in cleaning, dust settling or filtering chambers of apparatus; in cleaning the cylinders, including the defer cylinders, or other parts of a carding machine by means of hand-strikes; in any other operation or circumstances in which it is impracticable to adopt technical means to control asbestos dust in the work environment within the permissible limit. The scrutiny of the enforcement measures for the permissible limit will show that the act exists only on paper.
All breathing apparatus shall be cleaned and disinfected at suitable intervals and thoroughly inspected once every month by a responsible person. A record of the cleaning and maintenance and of the condition of the breathing apparatus shall be maintained in a register provided for that purpose which shall be readily available for inspection by an Inspector. SC can see for itself how these provisions are followed in violation.
The schedule says, no person shall be employed to perform any work specified for which breathing apparatus is necessary to be provided unless he has been fully instructed in the proper use of that equipment. The SC can ascertain the fact of lack of any such training.
It stipulates that medical facilities and records of medical examinations and tests should be maintained. The occupier of every factory or part of the factory, shall employ a qualified medical practitioner for medical surveillance of the workers covered by this schedule whose employment shall be subject to the approval of the Chief Inspector of Factories; provide to the said medical practitioner all the necessary facilities for the. The record of medical examinations and appropriated tests carried out by the said medical practitioner shall be maintained in a separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the Inspectors.
This register could reveal the state of the affairs and the unsubstantiated claims of the Environment Ministry, which allows even its own buildings to remain contaminated with asbestos.
The legal provision is that every worker employed in the processes specified shall be examined by a Certifying Surgeon within 15 days of his first employment. Such examination shall include pulmonary function test, tests for detecting asbestos fibres in sputum and chest X-ray. No worker shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the Certifying Surgeon. Every worker employed in the process referred shall be re-examined by a Certifying Surgeon at least once in every twelve calendar months. Such examination shall, wherever the Certifying Surgeon considers appropriate, include all the tests specified except chest X-ray that will be carried out once in 3 years. SC ought to ask as to whether and seek an affidavit as to whether these provisions have been complied with ever.
The Certifying Surgeon after examining a worker is supposed to issue a Certificate of Fitness in Form 23. The record of examination and re-examinations carried out shall be entered in the certificate and the certificate shall be kept in the custody of the manager of the factory. The record of each examination carried out including the nature and the results of the tests, shall also be entered by the Certifying Surgeon in a health register in Form 24. The certificate of Fitness and the health register shall be kept readily available for inspection by the Inspector. The SC should investigate and probe the enforcement of the schedule by checking the health register of workers employed in Alang.