In accordance with the Factories Act 1948, an occupier of an establishment has to ensure the health, safety, and welfare of all the workers while they are at work in the factory.
- The Occupational Safety, Health and Working Conditions Code (OSH) is a bill, currently under consideration for enactment by the Indian Parliament. The proposed OSH Code repeals and replaces 13 labor laws relating to health, safety, and working conditions.
- As per the draft Occupational Safety, Health and Working Conditions Code, 2019, every employer shall ensure that the workplace is free from hazards that cause or are likely to cause injury or occupational disease to the employees. Arrangements should be made to rectify risks involved in the use, handling, storage, and transport of articles and substances.
- The safety of the worker must be ensured by installing and maintaining the machinery, mechanisms, transmission apparatus, tools, equipment, and machines in the best possible safety conditions.
- The employer is obliged to take care to protect the worker’s health and safety by providing the means of rescue, the first aid, and the cleanup; and arrangements and organization of the workplace.
Non-Standard Workers’ Rights on Safe Workplaces- Platform workers
- Factories Act has extensive provisions on workers’ health and safety, as described above. The draft OSH and Working Conditions Code also have a chapter on health and safety at the workplace. . The draft OSH and Working Conditions Code defines a worker as “any person employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied”.
- Similarly, the draft OSH Code defines an employee “in respect of an establishment, a person (other than an apprentice engaged under the Apprentices Act, 1961) employed on wages by an establishment to do any skilled, semi-skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied”.
Free Protection
The Factories Act requires employers to provide protective equipment to workers involved in hazardous work. The type of PPE needed varies depending on the nature of work being performed. It includes screens or suitable goggles for the protection of the eyes. The right use of PPE reduces the risk of accidents and illness, minimizes future medical costs, and helps in the creation of a safer working environment.
Training
- In accordance with the Factories Act, it is the responsibility of an employer to provide instruction, training, and supervision as is necessary to ensure health and safety at work of his employees.
- In line with the draft OSH Code (2019), it is the duty of employers, to provide all such information, instruction, training, and supervision as necessary to ensure the health and safety of all employees at work.
Labour Inspection System
The Ministry of Labour and Employment along with ministries specialized for certain industrial sectors are responsible for formulating and administering laws and regulations relating to labour and employment. The draft Code recommends the formation of “the National Occupational Safety and Health Advisory Board” and “the State Occupational Safety and Health Advisory Board” to make recommendations on regulations relating the occupational safety, health and working conditions of workers and administration of this Code, respectively.
