2019 – Posted in: Blog

NATIONAL POLICY ON SAFETY, HEALTH AND ENVIRONMENT AT THE WORKPLACE (NPSHEW)

The National Policy on Safety, Health and Environment at Work Place was declared by the Ministry of Labour and Employment, Government of India in February 2009. Yet, only the manufacturing, mining, ports and construction sectors are covered by existing laws on Occcupational Safety and Health (OSH).

National Policy

The National Policy, referring to the Constitution of India, sets out a set of goals with the view to building and maintaining a national preventative safety and health culture and improving the safety, health and environment at workplace.

The outline for Action Programme identifies eight specific working areas, including enforcement, national standards, compliance, awareness, research and development, occupational safety and health skills development and data collection.

Why National Policy Needed

Around 2.3 lakh workers were affected and 2,500 died in more than 81 industrial accidents in the past three-and-a-half decades. Yet sectors such as agriculture, services and transport remain unlegislated from the point of work-safety.

Issues

Factories Act not enforced

Under the Factories Act, 1948, the state governments are empowered to frame their respective state factories rules and enforce both the Act and the Rules in their states through their Inspectorates of Factories / Directorates of Industrial Safety and Health under the labour departments. But these Inspectorates / Directorates are not adequately staffed for enforcing the Act and the Rules. In fact, many posts under these Inspectorates / Directorates have been lying vacant.

Nevertheless, close to 7,668 people were convicted and fined over Rs 91.2 million for violating this Act as per the latest estimates presented in Parliament in February 2019. Tamil Nadu reported the maximum number of violations, with 2,989 people convicted, followed by Haryana (1,675) and Gujarat (1,166).

Dock Workers Act, 1986 and Regulations, 1990 enforced in major ports only

The Dock Workers (Safety, Health and Welfare) Act, 1986 and Regulations, 1990 have been enforced only in major ports by the Directorate General Factory Advice Service and Labour Institutes (DGFASLI).

In other ports, the state governments are required to frame respective state regulations and enforce the provisions of the both, the Act and the Regulations, in these ports. However, till date, none of the states have framed their regulations for enforcement in these ports.

Building and Other Construction Workers’ Act not being enforced in true spirit

Even though the Building and Other Construction Workers’ Act, 1996, is being enforced by the Labour Commissioners at the centre and at the state Level, but the safety and health provisions under the Act are highly technical in nature and are not being enforced in true letter and spirit.

Limited research on occupational safety

Modern approaches for dealing with safety, health and environment at workplace demands research in the area. But the number of institutes in the country for research and development are limited and these too are not fully equipped for carrying out their activities effectively. Capturing data related to occupational safety and health across all the sectors has also been an issue for a long time, which has not been taken seriously till date. The most recent facts and figures shared by the ministry in Parliament in February 2019 were up to 2016 only.

Each ministry (or the respective department) is supposed to have a detailed policy on the working environment according to the guidelines on the National Policy. But so far, the Ministries or Departments have not worked out their policy. It is important to have suitable schemes for subsidy and provision of loans to enable effective implementation of the policy. However, such a scheme too has not been launched so far.

Lack of legislation on safety and health in agriculture is hindering the ratification of ILO convention 155

The agriculture sector is the largest sector of economic activity and needs to be regulated for safety and health aspects. But the sector is lacking on legislation on safety and health for workers in this sector. There are certain Acts on occupational safety and health pertaining to certain equipment or substances, namely, the Dangerous Machines Regulation Act, the Insecticides Act. But the enforcement authorities are not identified under these Acts and hence are not being enforced.

Lack of legislation on safety and health in the agriculture sector is hindering the ratification of ILO convention 155. Ratification of ILO conventions concerning occupational safety and health needs to be expedited, says the profile document on occupational health prepared by the DGFASLI.

It is also worrying that the Micro, Small & Medium Enterprises too do not have any legislation to cover the safety and health of the workers.

Constitutional Provisions

The Constitution of India provide detailed provisions for the rights of the citizens and also lays down the Directive Principles of State Policy which set an aim to which the activities of the state are to be guided.

These Directive Principles provide

for securing the health and strength of employees, men and women
that the tender age of children are not abused;
that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
just and humane conditions of work and maternity relief are provided; and
that the Government shall take steps, by suitable legislation or in any other way, to secure the participation of employee in the management of undertakings, establishments or other organisations engaged in any industry.

On the basis of these Directive Principles as well as international instruments, Government is committed to regulate all economic activities for management of safety and health risks at workplaces and to provide measures so as to ensure safe and healthy working conditions for every working man and woman in the nation. Government recognizes that safety and health of workers has a positive impact on productivity and economic and social development. Prevention is an integral part of economic activities as high safety and health standard at work is as important as good business performance for new as well as existing industries.

The formulation of policy, priorities and strategies in occupational safety, health and environment at work places, is undertaken by national authorities in consultation with social partners for fulfilling such objectives.

Read More about Safety, Health and Environment at Work Place:

https://labour.gov.in/sites/default/files/SafetyHealthandEnvironmentatWorkPlace.pdf

Source: Down to Earth

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