India flags concerns on ILO's biological hazard pact for informal sector

India urges ILO to reconsider broad applicability of its biological hazard convention, citing implementation challenges for MSMEs and informal sector enterprises

India has cautioned the International Labour Organisation (ILO) that the “universal coverage” envisaged under the recently-adopted convention on protecting workers from the devastating impact of uncontrolled biological hazards at workplace may be challenging, particularly for informal sector and micro & small enterprises (MSMEs).

 

Besides this, India also expressed its concern about applicability of the convention beyond the workplace setting.

 

“We understand the importance of labour safety, but it is also important to ensure that the definitions of the proposed instrument are not so broad that they apply beyond the workplace setting. The (convention's) universal coverage approach may be challenging, particularly for informal sectors and MSMEs,” said Labour Minister Mansukh Mandaviya in his address at the International Labour Conference.

 

In response to a query, the labour ministry told Business Standard that India emphasises on the need for improvement in the convention’s universal applicability clause.

 

“The blanket application across all sectors and enterprise sizes, regardless of exposure level, may place greater burden on MSMEs and informal enterprises, which are major engines of growth, employment, and entrepreneurship in developing countries,” the statement by the ministry said.

 

Virat Jaiswal, general secretary, National Front of Indian Trade Unions (NFITU), said that the government is concerned about the definitions used in the instrument as they are too broad, possibly leading to their application outside the actual workplace, leading to over-regulation. 

 

“The vast informal sector in India and the MSMEs lack resources to comply with the broad international standards. Hence, India calls for a graded and risk-based approach,” added Jaiswal, who put forth workers' views at the ILC.

 

Last week, during the annual International Labour Conference (ILC) in Geneva, the UN body adopted the 'Biological Hazards in the Working Environment Convention', which is the first-ever international instrument specifically addressing biological hazards in the working environment at the global level.

 

The convention aims to safeguard workers in an event during which a worker may come into contact with microbes, DNA material, bodily fluids, parasites, toxins, allergens etc during the course of their work. It applies to all workers in all branches of economic activity, but requires countries to take specific measures in certain high-risk sectors and occupations.

 

B Surendran, organising secretary, Bhartiya Mazdoor Sangh (BMS) said that the need for convention was felt in the wake of Covid-19 pandemic that killed millions of people, shredded economies and crippled health systems. 

 

“A lot of people contacted Covid from the workplace. Hence, the convention put forth mechanisms and framework to deal with such eventualities. It was always important to address biological hazards in workplaces, but now it's becoming a bit more critical,” he added. 

 

The ILO's 187 member states, which are equally represented by government, employers and trade unions in the ILC, are now required to ratify the convention.

 

Countries will have to adapt the legislation to better protect workers from these biological hazards risks, especially given that increased human and freight mobility accelerates the spread, as it requires countries to have procedures for reporting workplace accidents, occupational diseases and dangerous occurrences caused by exposure to biological hazards in the workplace, and to investigate “serious cases”.