MINUTES OF THE INTER-MINISTERIAL COMMITTEE MEETING - MINISTRY OF STEEL, GOVERNMENT OF INDIA

MINUTES OF THE 5TH MEETING OF THE INTER MINISTERIAL COMMITTEE ON SHIP BREAKING HELD ON 1.2.2006.

2 Welcoming the participants, Shri A.K.Rath, AS&FA and the Chairman of the IMC first considered action taken on the minutes of the last meeting and following decisions were taken:-

(i) Mandatory use of Personal Protective Equipments (PPEs) by workers engaged in ship breaking :-

Chairman, stated that PPEs is a basic requirement of the ship breaking industry but the regulations regarding its use are reported to be flouted. He also expressed his concern that so far Director General, Factory Advice Services & Labour Institute (DG, FASLI) has not identified suitable PPEs for workers working in specific conditions of shipbreaking. He enquired about the enforcement mechanism available to ensure use of PPEs and the punitive provisions for default etc. After discussions, he asked the representative of Ministry of Labour to organize a meeting of DG, FASLI and President, Iron & Steel Scrap Association of India to sort out the issue of identification of proper PPEs for workers working in specific conditions of shipbreaking and also to find out the enforcement mechanisms for ensuring the use of PPEs by workers and the punitive action which may be taken against the defaulters. He desired a report on action taken in this regard by the end of February, 2006.

CEO, Gujarat Maritime Board (GMB) stated that there is a provision for implementation of use of PPEs under the Factories Act. President, Iron and Steel Scrap Association of India (ISSAI) however, stated that GMB has provisions for use of PPEs under their own Regulations of 2003 and its implementation is possible only if GMB shows some seriousness and strictness in this matter. Vice Chairman, Gujarat Maritime Board explained that GMB Regulations of 2003 provide for safety gadgets such as helmet, safety shoes, welding goggles, safety belt, hand gloves, breathing apparatus etc. Chairman stated that the gadgets provided for under GMB Regulations 2003 more or less cover the basic PPEs and should be enforced immediately by GMB without waiting for the report of DG, FASLI. During discussions, it came to light that shipbreakers are required to supply PPEs to workers but all of them are not providing these gadgets to their workers. Chairman remarked that the workers cannot be expected to use PPEs unless these are supplied to them by the ship breakers. CEO, GMB then clarified that GMB has started enforcement of its Regulations relating to supply and use of PPEs from the month of January, 2006. GMB had carried out inspection of the plots and the plot holders numbering 12 and workers not using PPEs have been issued notices for violating the rules. Chairman, stated that the Committee should be informed about such actions on monthly basis. He then directed that GMB, Gujarat Pollution Control Board, (GPCB) Mumbai Port Trust, Kolkatta Port Trust and all other agencies who are involved in implementation of Supreme Court’s 18 points directions on shipbreaking should submit a monthly report on action taken by them on those 18 points on the lines of report sent by Gujarat Pollution Control Board, a copy of which had been circulated with the Agenda for the meeting.

The issue of special type of protective equipment and technique required for cutting of asbestos was raised. It was explained that inhaling of even small quantities of asbestos fibre/dust is highly injurious to health as it has carcinogenic effect on lungs. CEO, Gujarat Maritime Board stated that till now asbestos coming to India was minimal and therefore, no thought was given to the special technique being followed by other countries like Turkey. In view of changed scenario, GMB has now hired a consultant for identifying the special PPEs required for workers handling removal of asbestos and the method of disposal for asbestos. To a query by the Chairman, he clarified that the consultant would take about 15 days to identify special PPEs and the method of disposal. In this context, representative of Directorate General of Shipping mentioned for information of all members that in Jan-06 the Greenpeace had submitted a paper to International Maritime Organization (IMO) on recycling of ships criticizing the Regulatory Authorities in India concerned with ship recycling without proper verification of facts and figures which projected India very badly. DG, Shipping took up the matter with IMO immediately protesting the criticism by Greenpeace. Now, IMO has informed that physical distribution of Greenpeace paper has been stopped and they have also taken it out of their website.

The Chairman reiterated that use of PPE is a basic requirement and the implementing authorities should ensure its usage by taking recourse to the provisions provided under the Law.

CEO, GMB informed that 3 officials of GMB have received training by AERB but no ship breaker has received this training. He was of the view that all safety supervisors should be trained in batches. Chairman said that GMB should identify persons /officials who should be trained by AERB and also find out from AERB whether any special equipment which may be used by the trained officials for identifying presence of any radio –active materials on ship is available, which can be used by GMB officials. Vice Chairman, GMB added that though AERB certifies whether a ship is free from radio-active material or not, trained people can basically assist the officials of AERB.

CEO, GMB clarified that the report submitted by GPCB was infact a joint report of GMB and GPCB. As already discussed above, Chairman impressed upon all concerned to submit monthly reports on the same lines to the Ministry of Steel.

CEO, GMB informed that the Trust Hospital has not started yet as they are not getting doctors for running the hospital. Procurement of equipment required for the Hospital is also pending. The responsibility of running this hospital has been given to the existing Red Cross Hospital after taking no objection from the Committee looking after the Trust Hospital. Chairman desired that GMB may consider some arrangements to make this hospital operational at the earliest.

The representative of Central Pollution Control Board (CPCB) stated that workers engaged in ship breaking activity are exposed to health risks/hazardous material and require regular medical check ups. He said that while starting this hospital some thought should be given to occupational health also. CEO, GMB informed that GMB is conducting health camps at Alang from time to time. During the last such health camp, health profiles of 465 workers out of 3000 workers were prepared. CEO, GMB was asked to report these activities to the Committee and also keep in view the suggestion given by CPCB.

It was re-emphasised by Chairman that GMB should ensure that gas detectors are used by the shipbreakers in the process of breaking the ships.

Chairman noted the action taken by GMB and reiterated that GMB should ensure that the Comprehensive policy is finliased at the earliest and that smaller plots are not allotted/renewed by GMB.

CEO, GMB informed that GMB has prepared a documentary film and posters to project positive image of the Alang Shipbreaking yard. He also distributed copies of CD prepared to the Committee members. The representative of Ministry of Environment and Forests said that in view of the adverse criticism on the working conditions, infrastructure and safety measures etc. at Alang ship breaking yard, it is necessary to improve the image of shipbreaking yard at international level. Chairman remarked that working must improve as per provisions of the guidelines and that GMB should take care that the prescribed minimum levels of safety, health, infrastructure, & facilities to workers etc. should be provided. Representative of DG, Shipping said that since IMO representatives would like to visit plots, he enquired whether GMB is ready to offer themselves for plot inspection. CEO, GMB replied that GMB is ready for the visit of IMO representatives. He informed that infact recently an ILO Seminar was also held at Alang.

The problems being faced by the shipbreaking industry in getting a qualified safety supervisors were discussed. President, ISSAI informed that it is the responsibility of the plot holder to appoint a qualified supervisor at his plot. Since Department of Industrial safety & Health (DISH) is under the State Government, CEO, GMB was advised to take up the matter with the State Govt.

Joint Secretary, Ministry of Steel informed that the matter was under consideration separately. Chairman stated that though this matter was beyond the domain of the Committee, however, the request made by President, ISSAI would be passed on to the concerned Division of the Ministry.

iv) Representative of India at the meeting of Joint Working Group (JWG) set up by ILO

After discussions, it was decided that the representatives of both Ministry of Shipping and Ministry of Environment and Forests should represent India at JWG meeting.

4 After discussions, it was also agreed that the representatives from other concerned organizations like Departments of Health & Safety, Explosives, NIOH should also be called for the meeting and that the meetings of IMC should be held preferably once in three months.

6 Shri M.Subba Rao, Additional Director., Ministry of Environment and Forests

8 Shri Dilip Mehrotra, Dy CS cum Sr.DDG(Tech), D.G.Shipping, Deptt. of Shipping.

9 Shri B.D.Ghosh, Executive Secretary, JPC, Kolkatta

10 Shri N.K.Verma, Additional Director, Central Pollution Control Board