Health
and safety of the employees is an important aspect of a company's smooth and
successful functioning. It is a decisive factor in organizational
effectiveness. It ensures an accident-free industrial environment. Companies
must attach the same importance towards achieving high OH&S performance as
they do to the other key objectives of their business activities. This is
because, proper attention to the safety and welfare of the employees can yield
valuable returns to a company by improving employee morale, reducing
absenteeism and enhancing productivity, minimizing potential of work-related
injuries and illnesses and increasing the quality of manufactured products and/
or rendered services.
The Constitution of India
has also specified provisions for ensuring occupational health and safety for
workers in the form of three Articles i.e. 24, 39(e and f) and 42. The
regulation of labour and safety in mines and oil fields is under the Union
list. While the welfare of labour including conditions of work, provident
funds, employers' invalidity and old age pension and maternity benefit are in
the Concurrent list.
The Ministry of Labour ,
Government of India and Labour Departments of the States and Union Territories
are responsible for safety and health of workers. Directorate General of Mines
Safety (DGMS) and Directorate General Factory Advice Services & Labour
Institutes (DGFASLI) assist the Ministry in technical aspects of occupational
safety and health in mines and factories & ports sectors, respectively.
DGMS exercises preventive as
well as educational influence over the mining industry. Its mission is the
reduction in risks of occupational diseases and casualty to persons employed in
mines, by drafting appropriate legislation and setting standards and through a
variety of promotional initiatives and awareness programmes. It undertakes
inspection of mines, investigation of all fatal accidents, grant of statutory
permission, exemptions and relaxations in respect of various mining operation,
approval of mines safety equipment, appliances and material, conduct
examinations for grant of statutory competency certificate, safety promotional
incentives including organization of national awards and national safety
conference, etc.
DGFASLI is an attached
office to the Ministry of Labour and relates to factories and ports/docks. It
renders technical advice to the States/Union Territories in regard to
administration and enforcement of the Factories Act. It also undertakes support
research facilities and carries out promotional activities through education
and training in matters concerning occupational safety and health.
Major Initiatives undertaken
by DGFASLI during the Xth Five Year Plan are:-
- Improvement and strengthening of enforcement system for safety and health of dock workers in major ports.
- Development of safety and health information system and data bank.
- Establishment of Regional Labour Institute at Faridabad.
- Setting up of a National Board on occupational safety and health.
Legislations
The statutes relating to
OH&S are broadly divided into three:-
- Statutes for safety at workplaces
- Statutes for safety of substances
- Statutes for safety of activities
At present, safety and
health statutes for regulating OH&S of persons at work exist only in four
sectors:-
- Mining
- Factories
- Ports
- Construction
The major legislations are:-
The Factories Act, 1948
- It regulates health, safety, welfare and other working conditions of workers in factories.
- It is enforced by the State Governments through their factory inspectorates. The Directorate General Factory Advice Service & Labour Institutes (DGFASLI) co-ordinates matters concerning safety, health and welfare of workers in the factories with the State Governments.
- DGFASLI conducts training, studies and surveys on various aspects relating to safety and health of workers through the Central Labour Institute in Mumbai and three other Regional Labour Institutes located at Kolkata, Chennai and Kanpur.
Mines Act, 1952
- It contains provisions for measures relating to the health, safety and welfare of workers in the coal, metalliferous and oil mines.
- The Mines Act, 1952, prescribed duties of the owner (defined as the proprietor, lessee or an agent) to manage mines and mining operation and the health and safety in mines. It also prescribes the number of working hours in mines, the minimum wage rates, and other related matters.
Dock Workers (Safety, Health
& Welfare) Act, 1986
- It contains provisions for the health, safety and welfare of workers working in ports/docks.
- It is administered by Director General Factory Advice Service and Labour Institutes, Directorate General FASLI as the Chief Inspector there are inspectorates of dock safety at 10 major ports in India viz. Kolkata, Mumbai, Chennai, Visakhapatnam, Paradip, Kandla, Mormugao, Tuticorin, Cochin and New Mangalore
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