INTRODUCTION
“Ensuring the safety and well-being of workers is crucial”. This blog gives insight into India’s labour laws, safety rules, and international standards which aim at protecting employees, particularly those working in hazardous environments. It delves into major aspects of the Factories Act of 1948 about health, safety, and working conditions. In addition, the blog also discusses about the International Labour Organisation. The research emphasizes the importance of proactive steps in India, as well as the gradual acceptance of global norms, to build and maintain a healthy working environment for everybody. Management should give special attention to its employee’s health and safety initiatives because they save lives, increase production, and save costs. Workplace safety means ensuring that employees do their duties in a safe environment without putting themselves in danger. The goal is to offer a work environment, skills, and routines that enable employees to work effectively and prevent them from being injured in any way. There is not enough attention paid to worker health and safety in many developing nations, including India and this is because there are insufficient plans and rules for occupational workers. Due to inadequate facilities, a lack of community engagement, and a defective monitoring method, the services that did exist were underutilized. In summary, governments and companies usually don’t provide enough money for health programs at work, especially in developing nations. This lack of support usually hinders worker health measures from being implemented. Workers are crucial to the economy and are also citizens, so the government should make sure they are safe. Laws have been passed to ensure the safety of workers at the workplace, and this blog analyzes these laws to understand how they protect workers in India.
RELEVANT PROVISIONS ABOUT HEALTH AND SAFETY OF LABOURS
The following are some laws that deal with labour, labour conditions, and hazardous processes:
- The Factories Act of 1948[1] specifies rules for workplace health, safety, and working conditions. It includes issues like cleanliness, ventilation, lighting, machine safety, and the prevention of hazardous incidents.
- The Mines Act of 1952[2] protects the safety and welfare of mine workers by exercising control over working conditions within mines. It addresses critical issues such as emergency response, accident prevention, and ventilation to guarantee a safe working environment.
- Major Accident Hazard Control Rules, 1997[3], these laws, enacted under the Environment (Protection) Act of 1986, aim to avoid and reduce major accidents in industries that deal with hazardous chemicals. The regulations in India are intended to control and limit the risk of serious events involving hazardous chemicals.
- The Indian Boilers Act, 1923 (amended 2007)[4], the act aims to consolidate and amend the laws with regard to steam boilers.
- The Dangerous Machines (Regulation) Act of 1983[5], the act controls the trade and commerce, supply, distribution, and use of the products of any industry manufacturing dangerous machines. It also allows for the payment of compensation for death or physical harm incurred by any labourer while working any dangerous machinery.
HAZARDOUS PROCESS
A hazardous process is when any operation or activity involves the use of potentially harmful materials, equipment, or techniques that, if not handled properly, these processes can lead to accidents, injuries, or damage to people, property, or the environment. Examples include working with chemicals, using big machines, or being in places with high temperatures or pressure. Section 2(CB) of the Factories Act, 1948 defines hazardous process as -“hazardous process” any process or activity about an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, by-products, wastes or effluents thereof would— (i) cause material impairment to the health of the persons engaged in or connected therewith, or (ii) result in the pollution or the general environment.[6] Chapter IVA of the Factories Act, of 1948 states the provision relating to hazardous processes which includes sections 41A, 41B, 41C, 41D, 41E, 41F, 41G, 41H.[7] The central purpose of the provisions was to regulate and manage these hazardous processes to ensure they don’t harm anyone. But when the act was passed it did not get its importance, it was after the Bhopal Gas Tragedy that the government took the hazardous processes seriously. After the Bhopal gas tragedy, India undertook significant legal reforms. The Environment (Protection) Act, of 1986, and the Public Liability Insurance Act, of 1991, were among the measures that were implemented to prevent and address chemical disasters. These legal changes sought to hold companies accountable and emphasized the importance of financial responsibility in case of any harm caused by hazardous processes. This includes taking care of the victims and compensating them for any damages[8].
WORKING CONDITION OF WORKMEN
To safeguard employees in hazardous workplaces, India has labour laws and safety standards. Implementing important safety measures, providing personal protective equipment, maintaining a clean and safe workplace, providing thorough training on safety procedures, limiting work hours to prevent fatigue, ensuring access to occupational health services, and having government agencies conduct routine inspections are all part of ensuring the welfare of workers in such environments. Employers and employees in hazardous workplaces must be familiar with industry-specific safety standards and regulations. This guarantees a safe and efficient workplace while reducing health hazards.
THE FACTORIES ACT, 1948
The Factories Act, of 1948[9][10], is an important statute in India because it ensures the protection of manufacturing workers. This law addresses a wide range of issues to ensure that workers have safe working conditions. It has standards in place to ensure that workers receive enough rest and don’t work too many hours, lowering the likelihood of accidents. The law also says that workers must wear safety equipment like gloves, goggles, and helmets to stay safe while doing their duties. Regarding factory machinery, the law states that they must also be safe. Companies must keep machinery in good working condition and inspect them regularly to solve any possible problem. This helps to avoid accidents caused by defective machinery. Another consideration is the employee’s health. The legislation requires that workplaces be clean, well-lit, and well-ventilated. It also has cleanliness guidelines to keep employees healthy. If a factory is involved in hazardous procedures, the legislation imposes additional safeguards. Emergency preparedness is also emphasized. Factories must have first aid stations, fire safety procedures, and accident response plans. This guarantees employees will be taken care of if something unforeseen occurs. The statute also mentions canteens, clean drinking water, and sanitary facilities for the general well-being of workers. There are also additional safeguards in place to ensure the safety of women and children working in workplaces. The Manufacturers Act of 1948[11] also establishes the norms that manufacturers must follow, which provide workers with legal protection. The act also provides for the formation of safety and health committees in industries, where workers can participate ensuring the workplace is safe. In a nutshell, this legislation establishes guidelines for how factories should run while keeping workers safe and making sure that everyone follows the rules. It is a very important law in ensuring the well-being of workers in different sectors across India.
INTERNATIONAL LABOUR ORGANIZATION
The International Labour Organisation (ILO)[12][13] is responsible for developing laws and guidelines that establish the global standard for how countries should treat workers. These norms, known as conventions, are similar to international treaties that countries agree to obey. When a country accepts these guidelines or rules, it becomes legally obligated to meet specific requirements. Other recommendations provide suggestions, but countries are not compelled to follow them. India has always been a strong supporter of international labour standards. The ILO’s standards have helped India in developing laws and policies to protect and assist workers. Even though these conventions aren’t always legally binding, they have strongly influenced how India views labour laws and practices. Agreeing to follow a convention means it is promising to satisfy specific requirements. India has always been careful in agreeing to these norms, firstly it ensures that its laws and practices are consistent with them. In comparison to many other nations, India has formally accepted to observe 41 ILO agreements which is a good number. Even when India adopts certain principles, it does not always agree to promptly implement them. Instead, it adopts the standards over time. This careful approach helps India to guarantee that its domestic laws match the international standards that are set by the ILO.
CONCLUSION
The government should tell labour unions, trade unions, workers, and labourers about the safety measures needed at workplaces. When the government checks workplaces, they should have data, and the person checking can point out any mistakes. This data can also help in studying workplace safety to find out risks and new dangers in different industries. When making new policies, this data should be considered. Many workers still don’t know enough about safety, so they end up working in unsafe places without proper precautions. The government has tried some things, but they are not very successful. There is still a need for a good awareness program to teach workers about safety.
Author(s) Name: Ayushi Mahawar (VES College Of Law, Mumbai)
Reference(s):
[1] Arya Jha, ‘Regulations for Safety of Labour in Hazardous Industries’(Indian Law Portal, 10 August 2020) <Regulations for Safety of Labour in Hazardous Industries – Indian Law Portal> accessed 12 January 2024
[2] Ibid
[3] THE MAJOR ACCIDENT HAZARD CONTROL RULES, 1997
ARRANGEMENT OF RULES <https://labour.py.gov.in/sites/default/files/LRD_THE_MAJOR_ACCIDENT_HAZARD_CONTROL_RULES_1997.pdf> accessed 11 January 2024
[4] Arya Jha, ‘Regulations for Safety of Labour in Hazardous Industries’(Indian Law Portal, 10 August 2020) <Regulations for Safety of Labour in Hazardous Industries – Indian Law Portal> accessed 12 January 2024
[5] The Dangerous Machines (Regulation) Act of 1983
[6] The Factories Act, 1948
[7] Ibid
[8] Edward Broughton, ‘The Bhopal disaster and its aftermath: a review’ (10 May 2005) <The Bhopal disaster and its aftermath: a review – PMC (nih.gov)> accessed 12 January 2024
[9] The Factories Act, 1948
[10] Sapna Jangra, ‘Awareness of Workers to Health, Safety & Welfare Provisions under Factories Act, 1948’ (November 2020) <https://www.researchgate.net/publication/345631199_Awareness_of_Workers_to_Health_Safety_Welfare_Provisions_under_Factories_Act_1948> accessed 11 January 2024
[11] Michael Shriney, “ Factories Act, 1948” (iPleaders Blog 8 November, 2022)<https://blog.ipleaders.in/factories-act/> accessed 12 January
[12] India & ILO | Ministry of Labour & Employment| Government of India, <https://labour.gov.in/india-ilo> accessed 12 January 2024
[13]International Labour Organization, ‘Introduction to International Labour Standards: Conventions and Recommendations’ <https://www.ilo.org/global/standards/introduction-to-international-labour-standards/conventions-and-recommendations/lang–en/index.htm> accessed 12 January 2024
