2014 (1) TMI 1933 - SC - Indian Laws

Framing of guidelines with respect to occupational safety and health Regulations to be maintained by various industries - directing Respondents to appoint and constitute a committee for the monitoring of the working of thermal power plants in India and to keep check on the health and safety norms for the workers working in their power stations - directing the Respondents to pay compensation to the workers who are victims of occupational health disorders and to frame a scheme of compensation for workers in cases of occupational health disorders - directing the Respondents to notify the recommendations as contained in paragraph 35 of the Petition as guidelines to be followed by thermal power plant. HELD THAT - The NIOH Report specifically refers to the occupational health and safety issues of workers in CFTPPs. The Report also refers to the hazards associated with (a) dust (b) heat (c) noise (d) vibration (e) radiation and (f) disposal of waste. After dealing with those health hazards the Committee has stated that the hazards associated with inhalation of coal dust might result in development of dust related morbidity in the form of pneumoconiosis (coal workers pneumoconiosis silicosis) and non-pneumoconiosis persistent respiratory morbidities such as chronic bronchitis emphysema asthma etc. CFTPPs are spread over various States in the country like Uttar Pradesh Chhattisgarh Maharashtra Andhra Pradesh and so on and it would not be practicable for this Court to examine whether CFTPPs are complying with safety standards and the rules and Regulations relating to the health of the employees working in various CFTPPs throughout the country - these aspects could be better examined by the respective High Courts in whose jurisdiction these power plants are situated. The High Court should examine whether there is adequate and effective health delivery system in place and whether there is any evaluation of occupational health status of the workers. The High Court should also examine whether any effective medical treatment is meted out to them. It is felt appropriate to relegate it to the various High Courts to examine these issues with the assistance of the State Governments after calling for necessary Reports from the CFTPPs situated in their respective States - Report of National Institute of Occupational Health (NIOH) titled Environment Health and Safety Issues in Coal Fired Thermal Power Plants of the year 2011 may also be made available by the Secretary General of the Supreme Court to the Registrar Generals of the High Courts of the mentioned States. Petition disposed off.

Summary

Issues Involved:
1. Framing guidelines for occupational safety and health regulations in various industries.
2. Monitoring the working of thermal power plants and ensuring health and safety norms for workers.
3. Providing compensation to workers suffering from occupational health disorders.
4. Implementing recommendations for health and safety in thermal power plants.

Issue-wise Detailed Analysis:

1. Framing Guidelines for Occupational Safety and Health Regulations:
The petitioner, a non-profit organization, sought the issuance of a writ of mandamus directing the respondents to frame guidelines for occupational safety and health regulations in various industries. The petitioner highlighted the absence of proper occupational health services and guidelines despite the presence of several acts like the Factories Act, Boilers Act, and Environmental Protection Act. The Supreme Court emphasized the fundamental right to health and medical care under Article 21, asserting that the right to live in a clean, hygienic, and safe environment is essential. The Court noted the necessity for constant supervision and mitigation of harmful effects on workers in hazardous environments like Coal Fired Thermal Power Plants (CFTPPs).

2. Monitoring the Working of Thermal Power Plants:
The petitioner requested the appointment of a committee to monitor the working of thermal power plants and ensure health and safety norms for workers. The Court, in its interim order dated January 30, 2008, acknowledged various suggestions for reducing occupational hazards, including comprehensive medical checkups, free medical treatment, provision of modern protective equipment, and strict control measures for dust, heat, noise, vibration, and radiation. The Central Government accepted these suggestions, and the Court directed the Ministry of Labour to ensure their implementation.

3. Providing Compensation to Workers:
The petitioner sought compensation for workers suffering from occupational health disorders. The Court referred to its previous judgment in Consumer Education and Research Centre v. Union of India, which held that the right to health and medical care is a fundamental right of workers. The Court reiterated the need for compensation and medical treatment for workers suffering from serious occupational diseases. The National Institute of Occupational Health (NIOH) Report recommended measures like periodic medical examinations, provision of personal protective equipment (PPE), and health records maintenance to address health hazards in CFTPPs.

4. Implementing Recommendations for Health and Safety:
The petitioner requested the implementation of recommendations for health and safety in thermal power plants. The NIOH Report of 2011 made several recommendations, including the use of safer substitutes for hazardous materials, compliance with environmental protection provisions, mechanization of coal handling facilities, and provision of occupational health services. The Court emphasized the importance of these recommendations and directed the respective High Courts to examine the implementation of safety standards and health regulations in CFTPPs within their jurisdictions. The High Courts were tasked with ensuring effective health delivery systems and medical treatment for workers.

Conclusion:
The Supreme Court disposed of the writ petition by delegating the examination of compliance with safety standards and health regulations in CFTPPs to the respective High Courts. The Court emphasized the fundamental right to health and safety for workers and the necessity for constant supervision and preventive actions to mitigate health hazards in hazardous work environments. The judgment directed the High Courts to initiate suo moto proceedings to protect the welfare of workers in CFTPPs.