The Supreme Court directed all the provinces and the agencies to strictly follow the recommendations of a committee set up for safety and welfare of mines and factories workeRs The order said: "Any violation made shall be taken to be disobedience of its [court] order and appropriate action shall be taken against the delinquents."
A three-judge bench, headed by Chief Justice Mian Saqib Nisar, hearing HR case regarding hazardous emission of dust by stone/marble crushing industries, had constituted a committee comprising the officials of Law and Justice Commission of Pakistan, Environmental Protection Agencies and the labor departments of all the provinces and ICT.
The committee had recommended measures including legislative reforms, administrative, prevention and protective steps, compensation and medical care, capacity building, data collection and awareness for the welfare of laborers, which the court included in its order. The bench on 03-04-2018 after hearing the arguments of the parties had reserved the judgment, which was made available on Tuesday.
The committee had proposed that as the Sindh has enacted the Occupational Safety and Health (OSH) Act 2017 which was enforced with effect from 2nd January, 2018, while other provinces have yet to enact such legislation. Therefore it had asked the apex court to direct the federal and provincial governments of Punjab, Khyber Pukhtunkhwa, Balochistan and ICT to also enact the OSH law.
The committee had also proposed that the pending OSH legislation, in exercise of powers under Section 33 Q of the factories Act 1934, Section 46 of Khyber Pakhtunkhwa Factories Act, 2013 and Section 47 of Sindh Factories Act 2015, the provinces may consider notification of Hazardous Occupation (Silicon) Rules 2015 as had been done by the Punjab government under Factories Act, 1934 for declaring any manufacturing processes detrimental to health and safety of workeRs
The committee recommended that each provincial government should formulate and notify rules for regulating the follow-up medical examination of the persons employed in mines. It had also suggested that other provinces include the representatives of chambers of commerce and industry and worker for their input and ownership of the decisions. The councils/committee meet quarterly to discuss and address the challenges related to occupational safety and health concerns in their provinces.
It said that the government of Balochistan should immediately constitute committee having representations of all the stakeholders, including chamber of commerce and industry and workers' association. The inspectors of mines develop and implement a robust inspection system for effective enforcement of mining laws and to take action against illegal mining activities. The Hazardous Substance Rules, 2003 framed under Environmental Protection Act 1997 have provisions of safety precautions for workers and employer therefore they should be complied strictly.
The OSH checklist may be used for inspection with suitable modification. The chief inspector reassesses the manufacturing processes of various industries for notifying hazardous processes. Being a potential source to cause silicosis, all the cement factories directed to establish a silicosis diagnostic centre in their factories to monitor the ill-effect of inhalation of dust particle emitting from various process carried out for the manufacturing of cement.
To ensure health and safety, the provinces in consultation with relevant environmental protection agencies should notify safe distance and guidelines for stone crushing units and mines. All kind of mining and stone crushing activities near the archeological and tourists sites should be completely banned. The relevant authority should prepare an effective monitoring mechanism to ensure compliance of these obligations.
The labor departments ensure strict compliance of Section 23 of Factories Act, 1934, Section 24 of Khyber Pakhtunkhwa Factories Act, 2013 and Section 25 of Sindh Factories Act, 2015, which provide that each worker in a factory is provided with hygiene card and its entries shall be updated in January and July every year after the examination by a designated doctor to diagnose any contagious or infectious disease.
The committee had also recommended that in view of the rising inflation, the provinces should ensure the enhancement of compensation reasonable and it should made uniform across the country. All the Workers Welfare Boards develop uniform amount for death grant and ensuring early release to facilitate a bereaved family, in their time of need. The high courts may be asked to issue directions to labor court for early disposal of their cases.
The committee had asked the apex court to direct the provincial governments to complete the Labor Force Survey without further delay. Each provincial government in collaboration with ILO develop and implement capacity building programs for all the officers in the field of inspection, safety, health, and welfare of the workeRs
The committee also proposed that the Ministry of Information, Pakistan Television (PTV), Radio Pakistan and Pakistan Electronic Media Regulatory Authority in collaboration with the provincial labor and mines departments should prepare and implement public awareness raising campaign in consultation with the relevant departments.