Most countries try to reinforce Occupational Safety and Health 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 the safety of employees working in the respective sectors. 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 minimized. 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. 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. The Act provides for the health, safety, welfare, and other aspects of OHS for workers in factories. 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.
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 the protection of eyes. The right use of PPE reduces risk of accident and illness, minimizes future medical costs, and helps in the creation of the 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 are responsible for formulating and administering laws and regulations relating to labour and employment.
- The national legislation provides inspectors with the power to enter in workplace premises; examine; inquire or interview anyone; ask for or take a copy of any prescribed register, record or another 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 the Factories Act 1948)
The Mines Act
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. 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.
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 authorized by him in writing on 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 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 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 a such a 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.
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 breakage of ropes, 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 dependents 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. A system of insurance would prevent the burden from pressing too heavily on any particular employer (Government of India, 1923).
The Employees’ State Insurance Act
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.
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 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 is the Standing Committee and Medical Benefit Council. 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).
