Occupational health is defined as the highest degree of physical, mental, and social well-being of workers in all occupations. It is the branch of healthcare that deals with all aspects of health and safety at the workplace. It lays a strong emphasis on the prevention of hazards at a primary level. Occupational health is essentially preventive medicine.
Occupational Health Legislation in India
- There are presently 16 laws related to working hours, conditions at work and employment.
- There are two acts containing the main provisions for legal measures for the protection of health and safety of workers that is the Factories Act (1948) and the Mines Act (1952).
- In India, occupational health is under two ministries: 1) Labour and 2) Health and Family Welfare.
- The Ministry of Labour and the labour departments of the states and union territories are mainly responsible for the health and safety of workers.
- The Ministry of Health and Family Welfare is responsible for providing health and medical care to workers through its facilities.
- The DGMS (Directorate General of Mines Safety) and the DGFASLI (Directorate General – Factory Advisory Services and Labour Institutes) assist the Ministry in technical aspects of occupational health and safety in mines, ports and factories respectively.
Constitutional Provisions
There are three articles for ensuring workers’ safety and health.
- Article 24 prohibits the employment of children under the age of 14 years.
- Article 39 (e and f) states that the health of men, women, and children should be protected, and children should be given opportunities and facilities for healthy development.
- Article 42 states that humane conditions at work and maternity relief should be provided.
Compensation
The Workmen’s Compensation Act, 1923, has four chapters and the following schedules:
- Schedule I, Parts 1 (list of injuries deemed to result in permanent total disablement)
- 2 (list of injuries deemed to result in permanent partial disablement)
- Schedule II (list of persons who are included in the definition of workmen)
- Schedule III (list of occupational diseases) [9].
Amount of compensation (1) Subject to the provisions of this Act the amount of compensation shall be as follows namely:
- where death results from the injury an amount equal to fifty percent of the monthly wages of the deceased workman multiplied by the relevant factor
- where permanent total disablement results from the injury an amount equal to sixty percent of 5 monthly wages of the injured workman multiplied by the relevant factor
