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4th July 2024 (10 Topics)

Factory Accidents, a Pointer to Rusty Inspection Reform

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Context

The recent factory explosion in the Dombivli Maharashtra Industrial Development Corporation (MIDC) area highlights systemic issues in industrial safety and the effectiveness of the labour inspection system in India. This incident, along with previous accidents, underscores the need for comprehensive reform in the inspection and regulatory mechanisms to ensure worker safety and compliance with industrial regulations.

Issues with Industrial Safety and Inspections

  • Frequency of Accidents: Industrial accidents in Maharashtra have been frequent, with significant incidents reported in 2016, 2018, 2020, and 2023. The recent explosion in 2024 further exemplifies ongoing safety issues.
  • Inspection Rates and Personnel Shortages: In Maharashtra, only 23.89% of hazardous factories and 8.04% of registered factories were inspected in 2021. Personnel shortages contribute to this low inspection rate, with only 39.34% of sanctioned officers appointed.
  • Prosecution Rates: The low prosecution rates in states like Gujarat (6.95%), Maharashtra (13.84%), and Tamil Nadu (14.45%) diminish the deterrent effect of inspections, leading to persistent safety violations.

Challenges and Criticisms of the Inspection System

  • Inspector-Raj and Corruption: Employers often criticize the inspection system as "inspector-raj," citing harassment and bribery. While there are instances of misuse of power by inspectors, employers are also complicit in avoiding compliance through corrupt practices.
  • Self-Certification and Randomized Inspections: Reforms like self-certification, randomised inspections, and third-party certification have been introduced but fail to address the core issues. These measures violate the International Labour Organization’s Labour Inspection Convention (081), 1947, which mandates qualified inspectors and unannounced inspections.
  • Ineffective Reforms: The current reforms have not strengthened labour market governance. Instead, they have weakened the inspection system, failing to ensure compliance with safety regulations and exposing workers to greater risks.

Recommendations for Effective Inspection Reforms

  • Strengthening Labour Market Governance: Governments should implement the provisions of the ILO Convention, ensuring sufficient qualified inspectors and unannounced inspections to secure compliance with labour laws.
  • Penalties for Government Failures: There should be a penal system for government officials who fail in their duty to enforce safety regulations, ensuring accountability and compliance.
  • Balancing Inspection and Facilitation: Inspectors should not only enforce laws but also provide advice to employers and unions, helping them comply with regulations and improving overall industrial safety.
UPSC Mains Questions

Q. Discuss the systemic issues in India's labour inspection system highlighted by recent industrial accidents. Suggest measures to reform the inspection system to ensure worker safety and compliance with industrial regulations.

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