1. : , , : ! ! r ! . , i
Occupational
Health
Understanding
lawspertaining
to
Worker's
Health
andSafety
SeethaSriraman
ficcupational healthisaninter-disciplinary
subject
r.-fconcernedwith securingthe healthand safety
of workersat their placeof employment.In India this
concepthasevolvedgraduallywhichcanbeevidenced
throughvariousstatutes
andpoliciesthat providefor
securingsafeandhealthyworking conditionof workers
employed
in varioustypesof employments.
Whilethere
existlawsandpoliciesdealingwith occupational
health.
do they adequately
coverevervkind of enrplor
nrent
that could endanger
a 'nvorker's
healthand satetr in
theIndianemplol'ment
environmentin thecontextol
achanging
technolo_sical
andsocio-economic
scenario'l
Needlessto mention,it would be importantto
understand
if theexistingpiecesof legislationprovide
effective level of protection to workers employed in
hazardous
environments.
Undertheexistinglaws,anemployeris obligatedto
takeprescribedstepsin orderto protectthe workers'
healthandsafetyin placesof employmentthatinvolve
a worker's exposureto hazardoussubstances
or
environments
whichcouldleadtohazardous
situations.
Health and safety of workers is an essential
responsibility
of anemployer,anotableconcemof the
community and a critical area of attention for the
administration.
Occupational
healthin Indiahasnotgone
without due attention from the aforesaidsince the
existinglaws andpoliciesdealingwith the sameowe
theirfoundationto the socialisticprinciplesenshrined
in theIndianConstitution.
Laws concerningworkerssafetyand
health
UndertheIndianConstitution,theDirectivePrinciples
of StatePolicy which guide the activitiesof the
Govemment,providefor interalia,i) securingthehealth
and strengthof employees,
men and women,ii) that
the tenderageof childrenarenot abused,
iii) citizens
not to be forced by economicnecessityto enter
avocations
unsuited
to theirageor strength,
iv) just and
humaneconditionsof work andmaternityrelief to be
provided and the Governmentshouldtake steps,by
suitablelegislationor in any otherway. to securethe
participation
of employeein the management
of
undertakinss.
establishnrents
or otherorganisations
enragedin anr industrr.
Accordin,ell'.
theGovemment
of India hasenacted
statutes
relatingto occupational
safetyandhealth,someof which arelistedasfollows;
o The Mines Act, 1952andthe rulesandregulations
framed thereunder.
o TheFactoriesAct,l94Sandrulesframedthereunder;
o Dock Workers' (Safety,Health and Welfare)Act,
1986andregulationsandrulesframedthereunder;
o The Buildin-s and Other ConstructionWorkers
(Regulationof Employmentand Conditionsof
Service)Act, 1996andrulesframedthereunder;
o TheDangerous
Machines(Regulation)Act,
1983and
rules framedthereunder:
o The Insecticides
Act. 1968 and rules framed
thereunder;
r The ShopsandEstablishments
Act enacted
by State
Govemments;
r The Beedi and
CigarWorkers'
(Conditionsof
Employment)
Act, 1966;
o The Municipal
Solid Waste
(Management
and Handling)
Rules.2000
SXRYTCN
ANN
LAN{}UR LAWS
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notifiedundertheEnvironnrent
(Protection)
Act. 1986:
e The Manufacture,Storage& Import of Hazardou:
Chemicals
Rules,1989;
o TheElectricityAct, 2003
It is pertinent
to notethatiit present.
contprehe
nsive
safetyand healthstatlrtes
tbr reeulating
occupational
safetyandhealthatu orkplaces
eristpredontinantlr
in
four sectorsnamelr'.mining. factories.ports.and
construction.
ThePlannin-e
Commission
hasin itsReportof Working
Group on OccupationalSafetyand Health (OSH) for
the 12'nFive YearPlan,expressed
concernsasregards
implementation
measures
of theGovernment
underthe
OSH which include,(i) atpresent
thereis no agencyor
department
of the Governmentof India exclusivelv
dealingwith mattersof OccupationalSafety& Health
and(ii) thereis no agencyto coverthesafetyandheahh
of workersin unorganized
sectors.
ThePlanning
Commission
hasemphaticalh:uS{e:reti
theneedfor anapexbodyat nationallerel tr'r.lealrrith
mattersconnected
with safetyandhealthrrf* t-rrkerr
in
all sectorsof economyto be desienated
ir rirional
Commission
on Occupational
Satetr& Healthrihich
could assistthe Governnrent
oi Indie in the
implementation
of theNational
PolicronOccupational
Safety& Health.
National
Policyon safety,
healthand
environment
at workplace
TheGovernment
of Indiadeclared
a NationalPolicy
on Safety,Health and Enrironrnenrat Workplaceon
20thFebruary.
2009. Someof its teatures
include:
o Recognizing
of safeandhealthlu'orkingenvironment
asa fundamental
humanricht:
r Enhancingthe riell-bern_s
of employees
and the
societv
bveliminatine
u ork-related
injuries,
diseases,
o Enumeratin_u
goal:tobeachieved
andbringintofocus
theobjective
of continuous
reduction
in theincidence
of work-related
inluriesanddiseases;
r Describingan Action Prosrammewhich would
involvei.e.Enforcement.
Development
of National
Standards,
Compliance.
Arlareness.
Rese
arch and
Development,
SkillsDevelopmenr.
DataCollection.
PracticalGuidanceandIncentives.
The Policy aimsto eliminatetheincidenceof u,ork-
relatedinjuries,diseases,
fatalities,disaster.
loss of
nationalassets,
ensuringachievement
of ahigh levelof
occupational safety, health and environment
performance
throughproactiveapproaches,
enhancing
' - { l
F-:,
the *ell-beins oi rheeniployee
and society,
at large.
Thete:t rri rrlplementation
of thePolicyremains
to be
arcefiuined
tiont theprogress
of time-boundexecution
rrl "..tlrrn Programme"stipulatedin thePolicy,through
lr rrioustrategic
initiatives.
Factories,
miningandconstruction
A WorkingGroupsetup on OSH undertheMinistry
of Labour & Employment, Governmentof India in
August 2011, examined the effectivenessof
administrative
machineryunderStateGovernments
to
ensureOSH to workers in factories and other
establishments
through the institution of "Factory
Inspector"undertheFactories
Act, 1948andsuggested
that amendmentsbe brought about to ensurebetter
operationalsafetyandhealthstandards
including in IT/
ITES and export enclaves,to addressconcernsof
security,transportation,
congenialworkplace,etc. to
promoteemploymentof women.
A studyshowedthatof thetotalemployedpopulation
in the country during 2007, about lJ 7oworked in the
organizedsectorand83 7ofellin theunorganizedsector.
Legislationsincluding the FactoriesAct, 1948or the
MinesAct, 1952couldnotbedeemed
to coverthisvast
majorityof workersbecause
thepersons
workedin the
informal sectorwhere accidentswere failed to be
reported.
TheEmployees'StateInsurance
Scheme,
formulated
under the Employees'StateInsuranceAct, 1948,
providesfor medicalcareandcashbenefitsin thecase
of sickness,
maternity,disablementand deathdue to
employmentinjuries.Under the Schememedicalcare
is providedto families of insuredpersons. Recently,
the EmployeesStateInsurance
Act, 1948,hasbeen
amended
to enableESI infrastructure
to providehealth
careto workersin the unorganized
sector. The initial
coverage
of unorganized
sectorworkerswaslimited to
Beedi workers, cine workers and non-coalmine
workers.
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'rrh respectto the Mines Act, 1952,the Planning
lommissionin its afore-stated
Reportwhileexpressing
is concerns
on implementation
of thesaidAct,pointed
)ut that (a)therewasocculrenceof disastersatregular
ntervalsin coal mines,mostly in underground
mines
md alsoin someof the metalliferousminesi.e. irons
)re,soapstone
andgranitemines;(b) therewerecauses
rf accidentsthat repeatedthemselves
in a disturbing
nannerand(c) contraventions
of statutoryprovisions
rad been observedduring inspectionsshowing that
;imilar contraventions
havebeenrepeated.
Moreover.
lersonsemployed in mines are exposedto hazardsat
workplaceadverselyaffecting their health some of
whichincludedust,noise,vibrations,heat,humidity etc.
Jn account of the acute shortageof Occupational
F{ealthInspectors, a complete picture of the
rccupationalhealth statusin mines was not available
lnd thereforenecessitatingthe need to undertake
rccupational health survey as per the internationally
recognised
standards
andguidelines.
The Buildings and Other ConstructionWorkers
(Regulation
of EmploymentandConditionsof Service)
Act, 1996, was enacted primarily to regulate
employmentandconditionof the serviceof buildings
andotherconstruction
workersandto providefor their
safety,health,and welfare measures.
The Indian
construction
industryis considered
to be the iar-eest
Undertheexistinglaws.anemployer
is
obligatedto takeprescribed
stepsin order
to protecttheworkers'healthandsafetyin
placesof employment
thatinvolvea
worker's exposureto hazardous
substances
or environmentswhich could
leadto hazardous
situations.
Healthand
safetyof workersis anessential
responsibility
of anemployer,anotable
concernof the communityanda critical
areaof attentionfor theadministration.
Occupationalhealthin India hasnot gone
without dueattentionfrom theaforesaid
sincetheexistinglawsandpoliciesdealing
with the sameowetheir foundationto the
socialistic
principlesenshrined
in the
IndianConstitution.
industry after agriculture in terms of providing
employment.
Construction
workersareexposed
on a daily basisto
a wide variety of major occupationalsafetyandhealth
hazards.
TheBuilding andOtherConstruction
Workers
(Regulation
of EmploymentandConditionsof Service)
Act, 1996is applicable
to all establishments
employing
10 or more workers in any building and other
constructionworks. The Central Governmentis the
appropriategovernmentfor notifying the rules and
regulationsunderthe Act as well as the enforcement
of the provisionsunderthe saidRules.in respectof
establishments
in relation
towhichCentral
Government
is the appropriategovernmentunder the Industrial
DisputesAct. 1917. Most Statesareyet to introduce
rulesunderthe aforesaid
Act.
Below are a few laws applicableto the workers
engaged
atconstruction
sites:
o ContractLabour(Regulation
& Operative)
Act,1970
o Minimum Wages
Act, 1948
o Paymentof Wages Act, 1936
o EqualRemuneration
Act,1976
o Inter-State Migrant Workmen Regulation of
EmploymentandConditionof ServicesAct,1979.
Workersin thebuildingandconstruction
industryare
proneto high amountof risksto theirsafetyandhealth
including
accidents
andoccupattonal
diseases.
Workers
areerposed
tointeraliasilicosis.
leadpoisoning,
diseases
of joints and bones.carbonmonoxide,benzene
poisoning,skindiseases,
etc.Thereisverylittle amount
of research
hasbeendoneon the occupational
health,
hazards,
andpsychosocial
problemsof the workersof
theconstructionindustry.
Comprehensivesafetyandhealthlaws for regulating
safetyand health of personsat work exist. However,
theyareyetto witnesseffectiveimplementationin most
States.The Governmentshould commit to fully
implement the provisions of the National Policy on
Safety, Health and Environment at Workplace and
various existing legislationsthrough consultation,
improvingenforcement,
developingspecialprogrammes,
settingup training mechanisms,
creatingnation-wide
awareness,
arrangingfor the mobilisationof available
resources.
Failureto enforceexistin-e
lawsandpolicies
would leadto inegularitiesanddemonstrate
lack of a
harmonizedapproachby the administrationtowards
safetyandhealthof workers. I
(The uuthor is a well experienced
Advocate
from Mumbai;
recentlymovedto UK. Theauthor acknowledges
various
sourcesv'hichare availableon request)
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