ELEMENTS OF OSH FRAMEWORK

1) National Policy on Safety, Health and Working Environment

a) Principles of Assessment

b) Measures for combating of occupational risks

c) Preventive safety and health culture including

information, consultation and training

2) National system for OSHa) Laws and regulationsb) Designation of an authorityc) System of inspectiond) System of consultation between workers and

managemente) Mechanisms for consultation, training,

occupational health service, research, data collection, compensation through insurance or social security schemes.

3) National Programme on OSH Formulation, implementation, monitoring, evalua-

tion and review of National Programme on OSH

The Constitution of India(Article 42)Provision for just and humane conditions of work(Article 39 e) Citizens are not forced by economic necessity to enter avocations unsuited to their age or strength(Article 39 e)Health and strength of workers, men and women, and the tender age of children are not abused(Article 43) The State shall endeavor to secure, by suitable legislation to all workers, agricultural, industrial or otherwise, work, a living wage and conditions of work ensuring a Decent standard of life(Article 43A) Participation of workers in management of industries

LEGAL FRAMEWORK

• Under the Indian Constitution, labour is in the concurrent list of subjects

• Ministry of Labour has enacted OSH statutes concerning workers in the manufacturing, mines, ports and construction sectors

• Other Ministries of the Government of India have also enacted certain statutes relating to safety aspects of substances, equipments, environment and operations.

SOME OF THE OSH STATUTES RELATE TO

• Safety, Health and Welfare of Workers at Work places.

• Dangerous Substances.

• Dangerous Activities/Electrical Energy

• Environment.

SOME OF THE IMPORTANT OSH STATUTES

• The Factories Act,1948 and Rules

• The Mines Act,1952 and Regulations

• The Dock Workers (SHW) Act, 1986 and Regulations

• The Indian Boilers Act, 1923 and Rules

• The Building & Other Construction Workers (Regulation of Employment and Conditions of Service) Act,1996 and Rules

• The Explosives Act, 1884 and Rules

• The Petroleum Act,1934 and Rules

• The Environment (Protection Act), 1986 and Rules

OTHER LEGISLATIONS APPLICABLE TO OSH IN INDIA

• The Dangerous Machines (Regulation) Act, 1983

• The Insecticides Act, 1968 and the Rules framed there under

• The Electricity Act, 2003 and the Rules framed there under

• The Shops and Establishments Act of State Governments;

• The Beedi and Cigar Workers’ (Conditions of Employment) Act, 1966;

OTHER LEGISLATIONS APPLICABLE TO OSH IN INDIA

• The Explosives Act, 1884

• The Gas Cylinders Rules, 1981

• The Explosives Rules, 1983

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

• The Municipal Solid Waste (Management and Handling) Rules, 2000 notified under the Environment (Protection) Act, 1986.

• The Manufacture, Storage & Import of Hazardous Chemicals Rules, 1989;

COMPENSATION LEGISLATIONS APPLICABLE TO INDIA

• The Workmen's Compensation Act, 1923

• The Employees’ State Insurance Act, 1948

• The Employees’ Provident Fund Act, 1952

• The Public Liability Insurance Act, 1991

• The Personal Injuries (Compensation Insurance) Act, 1963

ROLE OF ILO IN REGARD TO OSH IN INDIA

1. International Labour Organization is a specialized agency associated with United Nations.

2. It is tripartite in nature

3. Its objectives is to improve Labour conditions, promote employment and social progress, internationally recognized human and Labour rights and to raise living standard.

• India is a founder member of ILO

• ILO has formulated 189 conventions

• Around 40 conventions relate to OSH

• Out of total 188 conventions India has ratified 43 conventions including 4 on OSH. C115 (Radiation Protection), C136 (Benzene) , C174 ( Prev. of Maj. Ind. Acc.) & C127 (Max. Wt)

• Other conventions which are under consideration are C155 (OSH), C170 ( Chemicals), C162 (Asbestos)

NATIONAL POLICY on SAFETY, HEALTH & ENVIRONMENT at WORKPLACE

• The National Policy was declared on 20th February 2009

• Ministry of Labour & Employment is in the process of Implementation of the National Policy on SHEW

National Policy on Safety, Health and Environment 2009

(1) Providing a statutory framework on OSH in all sectors of industrial activities including construction sector, designing suitable control systems of compliance, enforcement and incentives for better compliance.

(2) Providing administrative and technical support services.(3) Providing a system of incentives to employers and employees

to achieve higher health and safety standards. (4) Providing for a system of non-financial incentives for

improvement in safety and health. (5) Establishing and developing the research and development

capability in emerging areas of risk and providing for effective control measures.

National Policy on Safety, Health and Environment 2009

(6) Focusing on prevention strategies and monitoring performance through improved data collection system on work related injuries and diseases.

(7) Developing and providing required technical manpower and knowledge in the areas of safety, health and environment at workplaces in different sectors.

(8) Promoting inclusion of safety, health and environment, improvement at workplaces as an important component in other relevant national policy documents.

(9) Including safety and occupational health as an integral part of every operation.

CHALLENGES

1) How to address the concerns of unorganized sector

2) How to address workplace changes

3) How to shift from management of accidents to their

prevention and prediction

4) How to move from proprietary standards to open

standards

CHALLENGES

5) How to optimize with limited inspection resources

6) How to strengthen the occupational disease notification system

7) How to negotiate the global shift of precarious work towards

developing countries

8) How to build an OSH culture