Legal Infrastructure on Industrial Safety - Part 3

EMERGING ISSUES

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.

Conclusion

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.

References

1. Constitution of India

2. The Factories Act, 1948

3. The Model Rules under the Factories Act, 1948;

DGFASLI 1998

4. Annual Report 2007-2008; Ministry of Labour &

Employment

5. DGFASLI Standard Reference Note 2006; DGFASLI

April 2007

6. www.ilo.org

7. www.labour.nic.in

8. www.dgfasli.nic.in

Legal Infrastructure on Industrial Safety - Part 2

LEGAL FRAMEWORK

As per the allocation of business rules under the Constitution, labour is in the concurrent list of subjects. It is dealt with by the MOLE at the Central and Departments of Labour under State Governments in respective States / UTs. The MOLE has enacted workplace safety and health statutes concerning workers in the manufacturing sector, mines, ports and docks and in construction sectors. Many software development companies have also adopted the legal framework. Further, other Ministries of the Government of India have also enacted certain statutes relating to safety aspects of substances, equipment, operations etc. Some of the statutes applicable in the manufacturing sector are discussed below :-

The Static and Mobile Pressure Vessels (Unfired) Rules, 1981

These (SMPV) Rules are notified under the Explosives Act, 1884. These rules regulate storage, handling and transport of compressed gases. These rules stipulate requirements regarding construction and fitments, periodic testing, location, fire protection, loading and unloading facilities, transfer operations etc. in respect of pressure vessels whose water capacity exceeds one thousand liters.

The Manufacture, Storage and Import of Hazardous Chemicals Rules (MSIHC), 1989

These MSIHC Rules are notified under the Environment (Protection) Act, 1986. These rules are aimed at regulating and handling of certain specified hazardous chemicals. The rules stipulate requirements regarding notification of site, identification of major hazards, taking necessary steps to control major accident, notification of major accident, preparation of safety report and on-site emergency plan; prevention and control of major accident, dissemination of information etc by the custom software development company in india. These rules are notified by the Ministry of Environment and Forests (MOEF) but enforced by the Inspectorates of Factories of respective States / UTs in the manufacturing sector.

REGULATION OF SAFETY AND HEALTH IN FACTORIES

The Factories Act, 1948 is applicable to the premises where(i) manufacturing process is carried on with the aid of power employing 10 or more persons; (ii) manufacturing process is carried on without the aid of power employing 20 or more persons;(iii) notified under Section 85 of the Factories Act, 1948. The State Governments are empowered to make rules under the enabling provisions as well as general provision. The State Governments are also empowered to appoint inspectors and the Chief Inspector. Thus, the State Inspectorates of Factories enforce the provisions under the Act and Rules. The uniformity in States Rules notified by different States / UTs is sought through framing of Model.

References

1. Constitution of India

2. The Factories Act, 1948

3. The Model Rules under the Factories Act, 1948;

DGFASLI 1998

4. Annual Report 2007-2008; Ministry of Labour &

Employment

5. DGFASLI Standard Reference Note 2006; DGFASLI

April 2007

6. www.ilo.org

7. www.labour.nic.in

8. www.dgfasli.nic.in

Legal Infrastructure on Industrial Safety - Part 1

INTRODUCTION

At the global level, industrial safety has been drawing attention of international agencies such as ILO, WHO, UNDP, UNEP, etc. In fact, efforts are being made to consider and recognize occupational safety and health as one of the human rights.


POLICY FRAMEWORK

Constitutional Provisions

The Constitution of India under the Directive Principles of State Policy provides for certain safeguards to workers. The State policies should be directed to ensure that health and strengths of workers are not abused and just and humane conditions of work and maternity relief that are provided. The Constitution prohibits employment of child below 14 years of age for work in any factory, or mine or any hazardous occupation. The constitution also provides for the State to make any special provision for women and children.

ILO Conventions

The International Labour Organization (ILO) is the standard making body in the area of labor and social issues. The ILO was established in the year 1919. Since then, they have formulated 188 Conventions relating to conditions of labor. In addition, they have also formulated several recommendations, codes of practices and guidelines for the benefit of member countries. As one of the founder members, India has so far ratified 41 Conventions.

As a step towards facilitating the ratification, a national policy on occupational safety, health and environment at workplace is already prepared by the Ministry of Labour and Employment (MOLE). The policy is under advanced stage of declaration.

National Policy On Occupational Safety, Health And Environment At Work

The national policy aims at improvement in the safety, health and environment at workplace (especially at Manufacturing sites, Chemical industries, software development companies) through:- (i) statutory framework on OSH in respect of all sectors of economic activities (ii) facilitation of technical support services (iii) providing incentives to employees and employers (iv) establishment and maintaining of R & D capabilities in the area of risk management (v) focusing on prevention strategies; and (vi) competence enhancement of technical manpower.

The policy sets its objective to achieve continuous reduction in work related injuries, diseases and associated costs; and continuous enhancement of awareness regarding safety, health and environment. The policy also outlines an Action Programme for achieving these objectives and goals. It identifies 9 key strategies :-
1. Enforcement
2. Development of national standards
3. Compliance
4. Awareness
5. Research and development
6. Skills development
7. Data collection
8. Practical guidance
9. Incentives

National Policies On Other Subjects

The Government of India have also formulated National Environment Policy, National Policy on Petroleum, Chemicals and Petro-chemical Investment Regions (PCPIR), Policy on Information Technology Investment Regions, National Fertilizer Policy, etc. These policies also contain reference to the occupational safety and health aspects of working population. Apart from these, at the instance of National Human Rights Commission (NHRC), a national programme on ‘Elimination of Silicosis’ is being formulated.

Further, a separate legislation concerning safety, health, social security and welfare of workers employed in unorganized sectors is also being contemplated by software development company in india.


Tripartite Consultations

The MOLE has put in place a tripartite consultative mechanism in the form of Indian Labour Conference (ILC), to discuss the issues relating to labour including occupational safety and health. The ILC is assisted by another tripartite forum, Standing Labour Committee (SLC) which frames the agenda for the ILC. Further, MOLE has also constituted Tripartite Committee on ILO Conventions which addresses the issue of ratification of ILO Conventions. In addition, Tripartite Committees are also constituted as per the enabling provisions under various statutes concerning safety and health.


References

1. Constitution of India
2. The Factories Act, 1948
3. The Model Rules under the Factories Act, 1948;
DGFASLI 1998
4. Annual Report 2007-2008; Ministry of Labour &
Employment
5. DGFASLI Standard Reference Note 2006; DGFASLI
April 2007
6. www.ilo.org
7. www.labour.nic.in
8. www.dgfasli.nic.in