HEALTH AND SAFETY-1

HEALTH AND SAFETY

Dr. Nidun Jacob Kurakar

The ILO estimates that 2.02 million people die each year from work-related accidents or

diseases globally. A further 317 million people suffer from work-related diseases, and there

are an estimated 337 million fatal and non-fatal work-related accidents per year. The

suffering caused by such accidents and illnesses to workers and their families is

incalculable. In economic terms, the ILO has estimated that 4% of the world’s annual GDP is

lost as a consequence of occupational diseases and accidents. Employers face costly early

retirements, loss of skilled staff and absenteeism due to work-related accidents and

diseases. Yet many of these tragedies are preventable through the implementation of sound

prevention, reporting and inspection practices. The first step towards improving occupational

health outcomes in a country would be a foundation in the form of a comprehensive

occupational health and safety legislation.

This review will examine India’s current occupational health and safety legislation sphere

including the bodies responsible for implementation, research and review. In addition, the

occupational health legislative foundation in Australia, Singapore, China and the USA will be

examined to determine take-away lessons for India. The intent of this review is then to

present a proposal that will advocate for an inclusive occupational health and safety

legislation that cover all workers in India.

India

In India, there is no comprehensive legislation for occupational health and safety (OSH),

covering all the workers in all economic sectors. Constitutional provisions form the basis of

workplace safety and health laws in India by imposing a duty on the State to implement

policies that promote the safety and health of workers at workplaces. In addition, safety and

health statutes for regulating occupational safety and health (OSH) of persons at work exist

in different sectors, namely manufacturing, mining, ports, and construction.

The regulations in place in these four sectors include the Factories Act, 1948 as amended in

1987; the Dock Workers (Safety, Health and Welfare) Act, 1986; the Building and other

Construction Workers (Regulation and the Employment and Conditions of Service) Act,

1996; the Child labour (Prohibition and Regulation) Act 1986; the Mines Act 1952, as

amended in 1957 and the Mines Rules 1957. In addition, there are also other specific

regulations on particular hazards or focused on particular sectors and territories. OSH in

India is the primary responsibility of the Ministry of Labour and other State Labour

Departments in the country. The Ministry of Labour has also issued a National Policy on

Safety, Health and Environment at the Workplace.

A worker refers to a person, employed directly, through an agency, a contractor, with or

without the knowledge of the principle employer, with or without remuneration in any factory

or establishment that involves a manufacturing process, or any process involving the use of

machinery, or the provision of any commercial services like a shop. This definition can also

include apprentices, and those involved in administrative work or work that is incidental or

preliminary to the work of the establishment or factory. The definition includes women, men

and young adults. It extends to workers from the organised and unorganised sector.

Owing to the fact that there is no primary OSH legislation in India, the definition of the term

'employer' must be derived from a review of labour statutes. Thus an employer refers to a

person or persons in relation to any department, organization, undertaking, establishment,

enterprise, institution, office, branch or unit under the Government or who is responsible for

the management, supervision and ultimate control of the workplace. The employer may also

include the occupier of a factory premises, but is not required to be the same. In addition, an

employer can also be a person or an association of persons who has engaged or employed

an unemployed worker, either directly or indirectly, for remuneration or otherwise.

Agriculture

The agricultural sector provides employment to nearly 58% of the total work force (As per

the Report for the Working Group on Occupational Safety and Health for the 12th Five Year

Plan [2012-17]). This sector is also considered highly hazardous due to the sector's use of

dangerous machinery and tools, chemical agents such as insecticides, the existence of

climatic and environmental agents like dust, heat and dangerous animals, and stress owing

to socio-economic problems. Specific provisions of statutes governing the use of insecticides

and dangerous machinery, along with statutes dealing with plantation workers are the only

OSH measures made available to agricultural workers.

Other industries

I have set out the legislations below that provides OSH coverage to employers and workers

in specific industries.

Employers are under an obligation to provide for various OSH measures by way of ensuring

that the work premises are clean, ventilated, not overcrowded, adequate in providing

drinking water and proper sanitation. This obligation is covered under the Unorganised

Worker's Social Security Act, 2008.

Employers are under the obligation to provide for various OSH measures by ensuring that

the work premises are clean, ventilated, not overcrowded, adequate in providing drinking

water and proper sanitation.

(The Beedi and Cigar Workers’ (Conditions of Employment) Act, Pgs. 8-15, 17, 19, 24, 25)

OSH coverage with respect to protection against sexual harassment extends to domestic

workers and workers from the unorganised sector.

(The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal

Act), 2013)

The Government must implement schemes that promote the safety and health of workers

involved with manual labour.

(The Tamil Nadu Manual Worker (Regulation of Employment and Conditions of Work) Act,

1982)

The provisions of the Factories Act, 1948 as amended in 2012 applies to all factories

including factories wholly or partly owned or controlled by the Government, Federal

Government or any other Government.

(The Factories Act, 1948, Pg. 80)

The Government must implement schemes that promote the safety and health of workers

involved with manual labour.

(The Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment

and Welfare) Act, 1969, Pg. 3)

Employers are under the duty to provide their workers (unskilled manual labourers) with

facilities such as drinking water, shade, first aid, rest periods, adequate medical attention for

emergencies and other health hazards present at the work site.

(National Rural Employment Guarantee Act, 2005, Pg. 5)

The law defines workers to include workers from the organised and unorganised sectors. It

also includes self-employed persons, domestic workers, manual labourers and home based

workers. Thus OSH coverage extends to all workers. The extent and nature of coverage

depends on the industry the worker belongs to. For instance, industry specific OSH

measures for workers in the tobacco industry can be found in one particular statute. Social

security schemes for all unorganised workers can be found in a separate statute.

National Authority for safety and health at work

The Directorate General, Factory Advice Service and Labour Institutes (DGFASLI) is an

attached office to the Ministry of Labour, which liaises with the State Factory Inspectorates

and advises them on the administration of the Factories Act, 1948. The DGFASLI provides

training to inspectors of factories and technical personnel from the industries and also

conducts multi-disciplinary surveys in industries and ports.

The Directorate General of Mines Safety (DGMS) assists the Ministry of Labour in the

technical aspects of occupational safety and health in mines. DGMS is subordinate to the

office of the Ministry of Labour and through drafting appropriate legislation and setting

standards, by overseeing compliance as intensively as its resources permit and through a

variety of promotional initiatives and awareness programmes, the DGMS exercises

preventive as well as educational influence over the mining industry.

The agencies oversee the enforcement of OSH policies in mines, factories, docks and ports.

The functions of these agencies include conducting investigations and inspections of various

work environments, approval of equipment and machinery, fostering discussions and

awareness of health and safety measures at the workplace.

Australia

In Australia, the Work Health and Safety Act and Regulations 2011 provides an overview of

how to make your workplaces safe and healthy and outline the legal responsibilities and

duties of the business owner in relation to specific hazards such as noise or manual

handling. The State based regulators administer health and safety laws by inspecting

workplaces, providing advice and help and handing out notices and penalties.

Singapore

In Singapore, the Work Safety and Health Act 2006 replaced the Factories Act and sets the

principles of the occupational safety and health framework. The Work Safety and health

regulations sets out occupational health legal requirements for specific industries and for all

workplaces.

China

In China, the Law of the People’s Republic of China on Work Safety and the Law of the

People’s Republic of China on the Prevention and Control of Occupational Diseases sets the

basis for OSH legislation. The legislative structure of OSH in China is based on the

Constitution, and consists of laws, administrative regulations, local regulations, departmental

rules, local rules and OSH standards.

USA

Workplace safety and health laws for the U.S.A are contained primarily in federal and state

statutes (federal laws and regulations/standards pre-empt state ones where they overlap or

contradict one another.) This database is concerned only with federal legislation.

The main law protecting the health and safety of workers is the Occupational and Safety

Health Act 1970, which covers commercial workplaces and, like other federal statues, is

codified by subject matter in the United States Code (U.S.C.) A number of regulations relate

to the duty of federal agencies towards their employees. Federal regulations/standards

contain both detailed provisions and interpretations of provisions in the OSHA and other

Acts. These final rules are codified when added to the Code of Federal Regulations (CFR)

and those relating to occupational safety and health currently fill five volumes of the Code of

Federal Regulations, which is revised annually on July 1.

The Occupational Safety and Health Administration (OSHA), is the agency of the

Department of Labor, which sets and enforces general workplace health and safety

standards. However, other federal agencies also establish safety and health regulations

relating to their own areas of concern.

Take away lessons and proposal for India

Although we have occupational health obligations set out through different legislation, there

is an undeniable need for national comprehensive legislation that would set the framework

for all workers covering all economic sectors in India. This legislation need not replace any

of the current legislation but can provide the basis for all OSH matters and any industry

based legislation can act as additional obligations.

This legislation should include an Act that would set out health and safety obligations to the

person conducting a business or undertaking (for public and private sectors). The legislation

should also comprise of Regulations that set out specific requirements to all workplaces.

A national regulator (such as the National Institute of Occupational Health) will be involved in

national research in occupational health. The national regulator will develop codes of

practices providing guidance on how hazards are to be controlled for hazardous tasks and

hazardous environment. These codes of practices should be publically released for

employers to consider

State based model legislation that mirror the national legislation and also sets out specific

obligation to any prevalent industries in state.

State based health and safety regulators that will enforce legislation in their respective

states. They will also investigate incidents occurring within their respective jurisdiction. State

based health and safety regulators will contain at least a head office and regional/local

offices. The regulators will also be responsible for collecting local data that will contribute to

national statistics.

Preventative approach

The need to develop a safety culture at work and to put safety first.

The legislation should address the following key points:

• Health and safety responsibilities of workers and employers

• Worker consultation

• Risk management process

• Incident and injury reporting process (including notification to your state’s regulatory

requirements)

• Injury management and return to work

• Emergency procedures

• First aid requirements

• Health and safety training

• Inspection and testing

• Common hazards such as manual handling, hazardous chemical management, plant

and machinery etc.

• Specific hazards based on industry such as welding, isolated working, working at

heights, sun safety, stress management etc.

The primary responsibility on health and safety should fall on the business conducting the

primary business to reasonably provide a safe and health workplace.

The legislation should also set out penalties for breaches of legislation for corporations and

for individuals.

Approach to avoid further burden on India’s legislative structure.

A key element to reduce burden on the judicial systems should lie with the state’s regulatory

body. This body should investigate, mediate and settle the vast majority of the breaches

and/or potential breaches. Any breaches detected by the occupational health and safety

inspector is to be highlighted to the employers with improvement notices, penalties, and

prohibition of work notices. The matter will arrive in the judicial system if the regulator.

Public and political perception

Public perception is an important issue to be carefully considered before the introduction of

any public policy, especially in the domain of healthcare. An average worker in India spends

about 8.1 hours working every day and measures to ensure their health at work will be

perceived positively.

An occupational health and safety legislation and policy can gain positive political points as

the intention is to promote employee friendly schemes for the health and safety of the

working population. Subsidized incentives for employers to adopt health and safety practices

should be implemented. For example, tax subsidies on personal protective equipment and

firefighting equipment.

Advantages of an OSH system

Practical occupational health management of worker’s health and care issues, early

intervention and clinical assistance has widespread benefits for the employer, including

improved staff motivation and performance ultimately increases profitability. Occupational

health also allows for informed recruitment and deployment results in a reduction in staff

turnover, better staff attendance and retention and an increased public image of the

company making it more attractive as an employer. It would lead to prevention of disabling

illness or diseases resulting in reduced absenteeism. Employers will be able to Identify

reasons for non-attendance, trends and patterns within departments, allowing the

opportunity to take preventative and corrective action.

There is clear evidence that occupational health legislation is a key strategy to overcome

poverty through the sustainable development of a healthy workforce especially affecting

workers in the informal sector. The process of protecting workers, surrounding communities

and the environment leads to a significant reduction of pollution and environmental

contaminants.

A key aspect of an occupational health and safety system is the development of a safety

culture. This is essentially means approaching every task with a safety first attitude. This

type of attitude allows employers to think about a task being performed in the most efficient,

safe and cost- effective way. For example, if we look at manual handling at a warehouse,

where an item needs to be unloaded from a truck and stored in a racking system. If this was

to be done be performed by four workers without any mechanical assistance, it is quite likely

that the work will create unsafe situations, take longer and cost more due to the associated

overhead costs. However, using a risk management or a safety approach, employers can

consider alternative options such as mechanical aids or forklifts which will make the job

safer, efficient and cost-effective in the long run.

Another advantage of employers developing a safety management system in their workplace

is that it opens up their products and services for compliance with international and local

regulatory standards. This will expose the business’s products or services to international

and local markets and in turn lead to economic viability.

It is imperative for the largest democracy in the world to take steps towards a

comprehensive OSH legislation that would apply to every single worker in the country. In

essence, our India’s current legislative foundation does not set a foundation for safety at all

workplaces. It is evident that almost all major global players in the 21st century have an

inclusive OSH legislative framework that sets OSH obligations to all workers and all

employers. The safety and well-being of a nation’s active working population is pertinent in

achieving positive economic and public health indicators for the country.

References 
ILO Global Database on Occupational Safety and Health Legislation (LEGOSH) – Country –

India;ILO Stat Days lost due to cases of occupational injury with temporary incapacity for work byse and migrant status;

Government of India Ministry of Labour and Employment National Policy On Safety, Health

and Environment at Work Place;

Factories Act, 1948 as amended in 1987;

Dock Workers (Safety, Health and Welfare) Act, 1986;

Building and other Construction Workers (Regulation and the Employment and Conditions of

Service) Act, 1996;

Child labour (Prohibition and Regulation) Act 1986;

Mines Act 1952;

Unorganised Worker's Social Security Act, 2008;

The Beedi and Cigar Workers’ (Conditions of Employment) Act, Pgs 8-15, 17, 19, 24, 25)

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal

Act), 2013;

The Tamil Nadu Manual Worker (Regulation of Employment and Conditions of Work) Act,

1982;

National Rural Employment Guarantee Act, 2005, Pg. 5;

ILO Global Database on Occupational Safety and Health Legislation (LEGOSH) – Country –

Australia;

Government of Australia, Work Health and Safety Act and Regulations 2011;

ILO Global Database on Occupational Safety and Health Legislation (LEGOSH) – Country –

Singapore;

Government of Singapore, Work Safety and Health Act 2006;

ILO Global Database on Occupational Safety and Health Legislation (LEGOSH) – Country –

China;

Government of China, Law of the People’s Republic of China on Work Safety;

ILO Global Database on Occupational Safety and Health Legislation (LEGOSH) – Country –

United States of America;Government of the United States of Australia, Occupational and Safety Health