Most countries try to reinforce Occupational Health and Safety (OSH) by implementing laws, which regulate the measures the companies have to take. So does India. Especially, the Factories Act, 1948, the Mines Act, the Ports Act and the Construction Act refer to safety of employees working in the respective sectors. For other employees, for example such as those employed in shops or establishments, various state legislations are enacted, which provide for almost similar matters as under the Factories Act.
In order to guarantee a sufficient level of OSH throughout the whole country, these Acts lay down very specific minimum requirements regarding health and safety. This way, differences between the single states in the administration of the Act can be minimised. Another intention of these detailed provisions is to facilitate the work of the inspectors who have to examine the conditions of work in the factories, which is said to require too much of expert knowledge of the inspectors.
Factory Act
The legislation for labour welfare, known as the Factories Act, 1948, was enacted with the prime objective of protecting workmen employed in factories against industrial and occupational hazards. With that intent it imposes upon owners and occupiers certain obligations to protect unwary as well as negligent workers and to secure employment for them which is conducive and safe. The Act’s objective is to protect human beings from being subjected to unduly long hours of bodily strain and manual labour. It provides that employees should work in healthy and sanitary conditions as far as the manufacturing process will allow and that precautions be taken for their safety and for the prevention of accidents. In order to ensure that the objectives are carried out, local governments are empowered to appoint inspectors to call for returns and to ensure that the prescribed registers are duly maintained.
The Act provides for the health, safety, welfare and other aspects of OHS for workers in factories. It is enforced by the state governments through their factory inspectorates. It also empowers the state governments to frame rules, so that local conditions prevailing in the state are appropriately reflected in the enforcement, to make the punishments provided in the Act stricter and that opportunities are taken advantage of to make certain other amendments found necessary in the implementation of the Act.
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.
It is obligatory for an employer/occupier to ensure the provision and maintenance of plant and systems of work that are safe and without health risks. Arrangements should be made to rectify risks involved in use, handling, storage and transport of articles and substances.
The establishment should be monitored to check the quality of the premises; cleanliness; disposal of wastes and effluents; ventilation and temperature; dust and fume; artificial humidification; overcrowding; lighting; clean drinking water; latrines and urinals; and spittoons.
Safety of the worker must be ensured by installing and maintaining the machinery, mechanisms, transmission apparatus, tools, equipment and machines in best possible safety conditions. Tools, equipment, machines, or products used must be organized properly guaranteeing the safety of workers.
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. (Section7(A) of the Factories Act 1948)
Free Protection
The Factories Act requires employers to provide protective equipment (means of protection) 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 protection of eyes. The right use of PPE reduces risk of accident and illness, minimizes future medical costs, and helps in creation of safer working environment. (Section 35 & 87 of Factories Act 1948)
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. (Section 35 & 87 of Factories Act 1948)
Labour Inspection System
The Factories Act provides for a vibrant labour inspection system. However, the labour inspection system is state based.
The Ministry of Labour and Employment along with ministries specialized for certain industrial sectors (for example the Ministry of Power, Ministry of Mines) are responsible for formulating and administering laws and regulations relating to labour and employment.
The national legislation provides inspectors the power to enter in workplace premises; examine; inquire or interview anyone; ask for or take copy of any prescribed register, record or other document; and take measures and photographs. The labour inspector is also authorized to dismantle or subject it to any process or test and take possession of any such article or substance that seems to cause danger to health and safety, and detain it for so long as is necessary for such examination. (Section 9 of Factories Act 1948)
The Mines Act
This is an Act to amend and consolidate the law relating to the regulation of labour and safety in mines and extends to the whole of India.
The Indian Mines Act which is related to the regulation and inspection of mines was passed in 1923. Although it has since been amended in certain respects, the general framework has remained unchanged. Experience of the Act’s working revealed a number of defects and deficiencies which hampered its effective administration. Some of these necessitated new forms of control, while others required the tightening of existing legal provisions. Therefore, it was considered necessary to thoroughly overhaul the existing Act to amend and consolidate the laws relating to the regulation of labour and safety in mines, which resulted in the enactment of the Mines Act, 1952 (Government of India, 1952).
The significant obligations under the Mines Act and the Mines Rules, 1955 include the formation of safety committees in every mine where more than 100 persons are employed; providing a notification of accidents and the appointment of workmen’s inspectors by the manager (one inspector for every 500 miners) (Government of India, 1952; Government of India, 1955). According to this Act the owner, agent or manager has to remove any dangerous or defective situation, as per the directions of the inspector. Further, the Act states that adolescents (not completed 15 years) are prohibited from any mining operation; the initial and periodical examination of miners is to be conducted and notice has to be provided for any notifiable diseases.
The Directorate of Mines is empowered to undertake safety and occupational health surveys in the mines and the central government is empowered to appoint a “competent” person for inquiring into the occupational diseases that have been detected.
Section 7: Powers of Inspectors of Mines
The Chief Inspector and any Inspector may make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and of the regulations, rules and bye laws and of any orders made there under are observed in the case of any mine; with such assistants, if any, as he thinks fit, enter, inspect and examine any mine or any part thereof at any time by day or night, provided that the power conferred by this clause shall not be exercised in such a manner as to be unreasonable and to impede or obstruct the working of the mine.
Section 9A: Facilities to be provided for occupational health survey
The Chief Inspector or an Inspector or other officer authorised by him in writing in this behalf may, at any time during the normal working hours of the mine or at any time by day or night as may be necessary, undertake a safety and occupational health survey in a mine after giving notice in writing to the manager of the mine; and the owner, agent or manager of the mine shall afford all necessary facilities (including facilities for the examination and testing of plant and machinery, for the collection of samples and other data pertaining to the survey and for the transport and examination of any person employed in the mine chosen for the survey) to such Inspector or officer.
Section 18: Duties and responsibilities of owners, agents and managers
The owner and agent of every mine shall each be responsible for making financial and other provisions and for taking such other steps as may be necessary for compliance with the provisions of this Act and the regulations, rules, bye-laws and orders made there under.
Section 21: Medical appliances
In every mine there shall be provided and maintained so as to be readily accessible during all working hours such number of first-aid boxes or cupboards equipped with such contents as may be prescribed. Nothing except the prescribed contents shall be kept in a first-aid box or cupboard or room. Every first-aid box or cupboard shall be kept in the charge of a responsible person who is trained in such first-aid treatment as may be prescribed and who shall always be readily available during the working hours of the mine. In every mine there shall be made so as to be readily available such arrangements as may be prescribed for the conveyance to hospitals or dispensaries of persons who, while employed in the mine, suffer bodily injury or become ill. In every mine wherein more than 150 persons are employed, there shall be provided and maintained a first-aid room of such size with such equipment and in the charge of such medical and nursing staff as may be prescribed.
Section 23: Notice to be given of accidents
Whenever there occurs in or about a mine an accident causing loss of life or serious bodily injury, or an explosion, ignition, spontaneous heating, outbreak of fire or eruption or inrush of water or other liquid matter, or an influx of inflammable or noxious gases, or a breakage of ropes, chains or other gear by which persons or materials are lowered or raised in a shaft or an incline, or an over winding of cages or other means of conveyance in any shaft while persons or materials are being lowered or raised, or a premature collapse of any part of the workings, any other accident which may be prescribed, the owner, agent or manager of the mine shall give notice of the occurrence to such authority in such form and within such time as may be prescribed, and he shall simultaneously post one copy of the notice on a special notice board in the prescribed manner at a place where it may be inspected by trade union officials, and shall ensure that the notice is kept on the board for not less than fourteen days from the date of such posting.
Section 31: Hours of work below ground
No adult employed below ground in a mine shall be allowed to work for more than 48 hours in any week or for more than eight hours in any day, provided that, subject to the previous approval of the Chief Inspector, the daily maximum hours specified in this sub-section may be exceeded in order to facilitate the change of shifts.
Section 34: Prohibition of employment of certain persons
No person shall be required or allowed to work in a mine if he has already been working in any other mine within the preceding 12 hours.
Section 45: Prohibition of the presence of persons below 18 years of age in a mine
After such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, no person below 18 years of age shall be allowed to be present in any part of a mine above ground where any operation connected with or incidental to any mining operation is being carried on.
Section 46: Employment of women
No woman shall, notwithstanding anything contained in any other law, be employed in any part of a mine which is below ground; in any mine above ground except between the hours of 6 A.M. and 7 P.M. Every woman employed in a mine above ground shall be allowed an interval of not less than 11 hours between the termination of employment on any one day and the commencement of the next period of employment.
The Workmen’s Compensation Act
This is an Act that provides for the payment of compensation for injury by accident by certain classes of employers to their workmen. The objective of the Workmen’s Compensation Act is to make provision for the payment of compensation to a workman only, i.e., to the concerned employee himself in case of his surviving the injury in question and to his dependants in the case of his death (Government of India, 1923).
An additional advantage of this type of legislation is that by increasing the importance of adequate safety devices, it reduces the number of accidents that workmen have in a manner that cannot be achieved by official inspection. Further, the encouragement given to employers to provide adequate medical treatment for their workmen should mitigate the effect of those accidents which occur very often. The benefit so conferred on the workmen, added to the increased sense of security which they will enjoy, should render industrial life more attractive and thus increase the available supply of labour. At the same time, a corresponding increase in the efficiency of the average workman may be expected. A system of insurance would prevent the burden from pressing too heavily on any particular employer (Government of India, 1923).
The Act provides for cheaper and quicker disposal of disputes relating to compensation through special tribunals are possible under the civil law. The passage of time has widened the courts’ approach and their approach has become more liberal, leaning towards the workman.
The Act relates to workers and the entire purpose of the statute is to see that the weaker section of the community, namely, the working class is not caught in a tangle of litigation which involves a protracted course of appeal.
The Employees’ State Insurance Act
This Act provides certain benefits to employees in case of sickness, maternity and employment injury and makes provision for certain other matters in relation thereto. It extends to the whole of India and shall apply in the first instance to all factories (including factories belonging to the government) other than seasonal factories.
The Employees’ State Insurance Act, 1948 is a piece of social welfare legislation enacted primarily with the objective of providing certain benefits to employees in case of sickness, maternity and employment injury and also to make provisions for certain other matters incidental thereto. The Act tries to attain the goal of socio-economic justice enshrined in the Directive Principles of State Policy under Part IV of the Constitution, in particular, Articles 41, 42 and 43 which enjoin the State to make effective provision for securing the right to work, to education and public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of any undeserved want, to make provision for securing just and human conditions of work and maternity relief, and to secure by suitable legislation or economic organisation or in any other way, to all workers, a living wage, decent standard of life and full enjoyment of leisure and social and cultural activities. The Act strives to materialise these avowed objectives though only to a limited extent.
The Act covers a wider spectrum than the Factories Act, in the sense that while the Factories Act is concerned with the health, safety, welfare, leave, etc, of the workers employed in a factory premises only, the benefits of the Employees’ State Insurance Act extend to employees whether working inside the factory establishment or elsewhere, or if they are directly employed or employed by the principal employer or through an intermediate agency, if the employment is incidental or in connection with the work in the factory or establishment, meaning thereby, under this Act, it is not the place of work, but the nexus between the work and the factory or establishment which is important. Elaborate machinery has been provided for the effective administration of the Act, the apex body being the ESI Corporation, subordinate to which are the Standing Committee and Medical Benefit Council. The Corporation is a public corporation controlled and subsidised by the government for the benefit of employees. Its objective is to render service to a penurious section of the public. The funds required for the scheme’s functioning are raised from contributions, both from employers and employees, grants, donations and gifts from governments, local bodies, individuals or bodies whether corporate or not (ESI Fund). For adjudication of disputes and claims Employees’ Insurance Courts are being created. Provision for recovery of contribution, penalty and damages for default, prosecution and punishment, etc, have also been provided as a part of this Act.
