High Courts tasked with overseeing safety in Coal Fired Thermal Power Plants

The Supreme Court delegated the examination of compliance with safety standards and health regulations in Coal Fired Thermal Power Plants (CFTPPs) to the respective High Courts. Emphasizing the fundamental right to health and safety for workers, the Court highlighted the need for continuous supervision and preventive measures to address health hazards in hazardous work environments. The judgment directed the High Courts to initiate suo moto proceedings to safeguard the welfare of workers in CFTPPs.

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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.

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