Tuesday, 12 April 2016

Legal Infrastructure on Industrial Safety - Part 3


General Legislation on Occupational Safety and Health

At present, separate statutes are enacted covering safety and health aspects of workers employed in some sectors such as factories, mines, ports and docks and construction. Many branches of economic activities are out of coverage of OSH Legislation. There is a need for enactment of a general legislation to secure safety and health of persons at work as well as other persons, against the risks arising out of or in connection with the activities at all places of work(software development firm in ahmedabad).

National Board for Accreditation in Occupational Safety and Health

The existing statutes on safety and health require regulation, recognition, certification, approvals etc. in respect of many of the requirements. Since there are multiple agencies namely, CIFs of various States/UTs, it is felt that there should be a single agency.

Self-Certification and Third Party Certification

In order to reduce the burden of inspection, a system of self-certification regarding compliance with OSH standards can be introduced. The factories employing less than 50 workers could be required to furnish the Annual Return on the compliance with the certain provisions of the Factories Act, 1948. These Returns can be accepted as a self-certification and no inspection may be undertaken in respect of such factories. However, inspections can be carried out in case of complaints, accidents, etc. Any non-compliance detected during such inspection should be taken very seriously and the occupier and manager of such factories can be severely punished. A system of self-certification in respect of compliance with labour laws has been introduced by certain States such as Gujarat, Punjab, Uttar Pradesh, etc.

Protection of Women Workers vis-à-vis Equal Opportunities

In the era of globalization and liberalization, equal opportunities to male and female workers have become essential feature of any business enterprise. At international level also women employees are contributing significantly in the growth of business. Therefore, the restrictive provisions under the statutes seem to be discriminating and many women organizations(Empowring Woman worker in Software development company in india) have taken up the issue at social, political and judicial levels.


In India, a national system on Occupational Safety and Health in the form of policy, statutes and regulatory mechanism exists in respect of certain branches of economic activities namely, factories, mines, ports and docks and construction. However, there is a need to extend the OSH coverage to all other sectors, through appropriate means. Further, with the phenomenal growth in the industrial sector, a system of self-certification and third party certification in the field of OSH is essential in order to reduce the burden of inspection.


1. Constitution of India
2. The Factories Act, 1948
3. The Model Rules under the Factories Act, 1948;
4. Annual Report 2007-2008; Ministry of Labour &
5. DGFASLI Standard Reference Note 2006; DGFASLI
April 2007

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