OCCUPATIONAL SAFETY & HEALTH REGULATORY FRAMEWORK IN INDIA

INTRODUCTION

Constitutional provisions are the basis of workplace safety and health regulations in India by imposing a duty on the National to implement policies that promote the safety and health of workers at workplaces. The safety and health statutes for regulating occupational safety and health (OSH) of persons at work exist in all sectors viz. manufacturing, mining, ports, and construction. The regulations are divided in four sectors :

1.     Factories Act, 1948 as amended in 1987;

2.     Dock Workers (Safety, Health and Welfare) Act, 1986;

3.     Building and other Construction Workers (Regulation and the Employment and Conditions of Service) Act, 1996 ;

4.     Mines Act 1952, as amended in 1957 and the Mines Rules 1957

The Ministry of Labour has issued a National Policy on Safety, Health and Environment at the Workplace.In addition there are also other specific regulations on particular hazards or focused on particular sectors and territories. OSH in India is the primary responsibility of the Ministry of Labour and other State Labour Departments in the country, as :

1.     The Rules for the Manufacture, Use, Import, Export and Storage of Hazardous micro-organisms Genetically engineered organisms or cells (Amendment)

2.     Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996).

3.     Dock Workers (Safety, Health and Welfare) Act, 1986. Act No. 54 of 1986.

4.     The Insecticides Act

5.     The Mines Act 1952 (No. 35 of 1952).

6.     The Factories Act 1948 (No. 63 of 1948).

DEFINITION OF WORKER

A worker refers to a person, employed directly, through an agency, a contractor, with or without the knowledge of the principle employer, with or without remuneration in any factory or establishment that involves a manufacturing process, or any process involving the use of machinery, or the provision of any commercial services like a shop. This definition can also include apprentices, and those involved in administrative work or work that is incidental or preliminary to the work of the establishment or factory. The definition includes women, men and young adults. It extends to workers from the organised and unorganised sector.

Reference :  

1.     The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

2.     Employees' State Insurance Act 1948 & (Amendment) Act, 2010 (No. 18 of 2010).

3.     Workmen' Compensation (Amendment) Act (No. 45 of 2009).

4.     Unorganized Workers' Social Security Act, 2008 (No. 33 of 2008).

5.     The Factories Act 1948 (No. 63 of 1948).

COVERAGE OF PARTICULAR CATEGORIES OF WORKERS

Migrant workers : Migrant workers fall within the definition of workers as per the law. They can be considered unorganized workers or wage workers, depending on the nature and terms of their employment. [Unorganized Worker's Social Security Act, 2008, Section-2(m),(n)]. The law includes inter-state migrant workers under the definition of workers and provides for special provisions tailored to address their needs in the course of their employment. (The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service Act, 1979). The law includes workers of Indian origin who travel abroad on work under the definition of worker. (Workmen's Compensation Act, Section-2(l))

The Unorganised Worker's Social Security Act includes migrant workers in the definition of wage workers and unorganised workers, thereby clearly bringing migrant workers under the ambit of the definition of worker.

Refer Following Law :

1.     Workmen' Compensation (Amendment) Act (No. 45 of 2009). (Section 2(l))

2.     Unorganised Workers' Social Security Act, 2008 (No. 33 of 2008). (Section 2(m),(n))

3.     Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

Domestic workers :The law includes domestic workers under the definition of workers. (The Unorganised Worker's Social Security Act, 2008, § 2(n)), The statute explicitly covers the welfare of domestic workers as well. (The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal Act), 2013, Section 2(e)). Domestic workers are understood to be unorganised workers as per the Unorganised Workers Act, 2008. Domestic workers are left out of the scope of the definition of worker under Industrial laws like the Industrial Disputes Act, 1947 or the Workmen's Compensation Act, 1929.

Refer Following Law :

1.     The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (No. 14 of 2013). (Section - 2(e)

2.     Unorganised Workers' Social Security Act, 2008 (No. 33 of 2008). (Section - 2(n)

Home workers :The law includes home workers under the definition of workers and defines home based workers as persons engaged in the production of goods or services for an employer in his or her home or other premises of their choice, other than the workplace of the employer in exchange for remuneration, irrespective of whether the materials, equipment or other inputs have been provided by the employer or not.

The Unorgranised Worker's Social Security Scheme includes home based workers under its definition of unorganised workers.

Refer Unorganized Workers' Social Security Act, 2008 (No. 33 of 2008), (Section - 2(b)

Self-employed persons : Self- employed workers fall within the definition of workers. The law defines self-employed workers as persons who are not employed by an employer but are engaged in any occupation in the unorganised sector subject to a monthly earning of an amount as may be notified by the Central Government or the State Government from time to time or holds cultivatable land subject to State Government specified ceilings.

Refer - Unorganised Workers' Social Security Act, 2008 (No. 33 of 2008). (Sction 2(k))

DEFINITION OF EMPLOYER

Owing to the fact that there is no primary OSH legislation in India, the definition of the term 'employer' must be derived from a review of labour statutes. Thus an employer refers to a person or persons in relation to any department, organization, undertaking, establishment, enterprise, institution, office, branch or unit under the Government or who is responsible for the management, supervision and ultimate control of the workplace. The employer may also include the occupier of a factory premises, but is not required to be the same. In addition, an employer can also be a person or an association of persons who has engaged or employed an unemployed worker, either directly or indirectly, for remuneration or otherwise.

Refer following Law :

1.     The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (No. 14 of 2013).

2.     Workmen' Compensation (Amendment) Act (No. 45 of 2009).

3.     Unorganised Workers' Social Security Act, 2008 (No. 33 of 2008).

4.     The Factories Act 1948 (No. 63 of 1948)

5.     The Industrial Disputes Act, 1947 (No. 14 of 1947).

OCCUPATIONAL HEALTH

List of Occupational Diseases

Factories Act 1948 (Schedule III)

Workmen' Compensation (Amendment) Act (No. 45 of 2009). (Schedules III)

Employees' State Insurance Act, 1948 (No. 34 of 1948). (Schedules)

Mechanism for Compensating other Diseases as Occupational Ones :

The Workmen's Compensation Act provides the mechanism by which workers suffering from diseases identified by the prescribed authorities and listed in the Schedule to this Act may be compensated. Refer Workmen' Compensation (Amendment) Act (No. 45 of 2009). (Schedule)

Competent national authority for safety and health at work :

1.       The Directorate General, Factory Advice Service and Labour Institutes (DGFASLI) is an attached office to the Ministry of Labour, which liaises with the State Factory Inspectorates and advises them on the administration of the Factories Act, 1948. The DGFASLI provides training to inspectors of factories and technical personnel from the industries and also conducts multi-disciplinary surveys in industries and ports.

2.       The Directorate General of Mines Safety (DGMS) assists the Ministry of Labour in the technical aspects of occupational safety and health in mines. DGMS is subordinate to the office of the Ministry of Labour and through drafting appropriate legislation and setting standards, by overseeing compliance as intensively as its resources permit and through a variety of promotional initiatives and awareness programmes, the DGMS exercises preventive as well as educational influence over the mining industry.

3.       The National Policy on Safety, Health and Environment at the Workplace contemplates the provision of an effective enforcement machinery that may also monitor implementation through an effective labour inspection system as under Section 4.1.1 and 4.1.2

National OSH programme

1.       The Constitution of India states that the Government must take appropriate measures to secure and foster the health, strength of workers, men and women. The Government must also take adequate measures to protect children from exploitation. The Government must undertake measures to ensure the socio-economic security of the citizens of India, so as to prevent them from being forced into unsuitable forms of labour.

2.       The National Policy on HIV/AIDS and the World of Work emphases the need to spread awareness at the workplace and contemplates a national level OSH programme which aims at creating awareness and dispelling discriminatory or uncomfortable behaviour at the workplace.

3.       The Government of India, through the Ministry of Labour and Employment, has issued a National Policy on Safety, Health and Environment at the Workplace which contemplates the adoption of national OSH standards, as well as providing state governments with the required infrastructures to implement the standards and regulate their enforcement.

Reference :

1.     National Policy on HIV/AIDS and the World of Work (No. 2)

2.     National Policy on Safety, Health and Environment at the Workplace (No. 2,4)

3.     Constitution of India. (Art. 39(e)

Duty to ensure the health and safety of employees

1.     Employers in India have a duty towards providing safe and secure work premises to their employees that pose no risks to their health and their well-being. Employers are under the obligation to provide medical care, specialized care for women and children workers, ventilated and non-crowded work spaces to all their workers. (The Factories Act 1948 (No. 63 of 1948), Section 7B; The Workmen's Compensation Act, 1923 (No. 8 of 1923, Section 3)

2.     Employers and factory occupiers in industries dealing with hazardous substances are obliged to safeguard the general health and safety of all those working on their work premises. Employers and occupiers are imposed with the duty of having to prevent major on-site accidents, and contain them so as not to affect persons and the environment. Furthermore, employers are under an obligation to provide all people working on site, with information and the necessary facilities vital to their safety and health. Employers and occupiers must keep in place, an emergency on site and off site plan detailing measures that will contain the health risk posed by a potential accident. (The Manufacture, Storage and Import of Hazardous Chemicals Rules, Rules 4, 13-15)

3.     Several statutes including the Factories Act of 1948 and the Workmen's Compensation Act of 1929 deal with the employer's duty to safeguard the health of his or her workers and to undertake precautionary measures to provide safe work premises.

Reference :

? The Manufacture, Storage and Import of Hazardous Chemicals Rules (R- 4, 13-15)

? The Factories Act 1948 (No. 63 of 1948). (Section 7B)

? The Workmen's Compensation Act, 1923 (No. 8 of 1923)(Section 3)

Duty to protect the health and safety of people other than their own employees

The employer is under a duty to ensure that no harm comes to a worker employed to work on his or her work premises. This may extend to employees who are working on a contractual hiring basis as well. In addition, those employees who may be the sole employee of an establishment also have the right to occupational safety and health measures to be provided by their employer.

Refer Bombay Shops and Establishments Act, 1948. (Section 5)

Collaboration among two or more employers at the same workplace

An employer is under the duty of maintaining safe working premises for their workers. Each employer is liable for the harm incurred by the worker in the course of his or her employment, in the event of a worker performing under the collaborative employment of two or more employers.

Refer The Workmen's Compensation Act, 1923 (No. 8 of 1923), as amended, (Section 3(2A)

Surveillance of workers’ health in relation to work

Employers and occupiers are under a duty to conduct medical examinations of every worker before he or she commences work with a hazardous object; and at intervals not exceeding 12 months, after the worker has ceased work with the hazardous substances.

Refer The Factories Act 1948 (No. 63 of 1948). (Section 41C). Specific hazards for which surveillance is required is defined under The Factories Act 1948 (No. 63 of 1948, Schedule I)

Duty to provide personal protective equipment

1.     Employers are obliged to inform and provide employees with personal protective equipment necessary for their work. These provisions are particularly relevant to those workers employed to work at factories, industrial establishments using hazardous substances, dangerous machines and mines.

2.     The employer is under a duty to provide workers with protective eye wear by way of effective screens and goggles in order to protect them from excessive light or from particles in the work process. (The Factories Act, 1948, Section-35)

3.     Employers working with workers manufacturing insecticides must provide the necessary protective clothing and equipment to be used by workers during the manufacture, formulation, transport, distribution and application of insecticides and other facilities required to keep themselves and things supplied to them free from any contamination. (The Insecticides Act, Section 34)

4.     Employers are obliged to provide workers working with building and construction, protective eye wear, safety helmets, suitable waterproof boots for workers using wet cement, waterproof coats and hats, hand gloves, and any other equipment that is deemed necessary and suitable when handling hazardous chemical substances like alkali. Refer : The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, Section 45 & 46, Employers are obliged to provide dock workers with the necessary protective gear, equipment and clothing. The Dock Workers Act, 1986, Section 21(2)(v)

5.     The law imposes on the employer of workers performing in mines, the duty to provide workers with protective footwear, free of charge. Employers must also provide workers with helmets that have been approved by the Chief Inspector, they must also provide other protective equipment necessary to safeguard the health and minimize the risk the worker is exposed to. The employer must keep a ready stock of footwear available, so as not to run out under any circumstance. (The Coal Mines Regulations, 1957, Rules 191, 191A, 191B).

Refer following law :

1.     Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996). (Section 45, 46)

2.     Dock Workers (Safety, Health and Welfare) Act, 1986. Act No. 54 of 1986. (Section 21(2)(v))

3.     The Insecticides Act (Section 34)

4.     Coal Mines Regulations, 1957 (S.R.O. 34019). (Rules 191, 191A, 191B)

5.     The Factories Act 1948 (No. 63 of 1948). (Section 35)

Duty to ensure the usage of personal protective equipment

The employer is under a duty to provide protective gear, however the law does not state that the employer is under a duty to ensure that employees use the protective gear provided to them. Instead, the law places this obligation on the employees or workers themselves.

DUTY TO PROVIDE FIRST-AID AND WELFARE FACILITIES

Arrangements for first-aid :

1.     Employers must provide and maintain readily accessible first-aid boxes and cupboards filled with prescribed medical contents. A separate responsible person is meant to be in charge of the first-aid box. (The Factories Act, 1948, Section 45), Employers are under a duty to provide and maintain readily accessible first-aid boxes or cupboards equipped with the necessary medical aids. Contravention of this provision carries a penalty of imprisonment up to 3 months and/fine of Rs.1000 (The Mines Act, 1952, Section 21)

2.     Employers must provide and maintain readily accessible first-aid facilities to all workers. (The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, Section 36)

3.     Employers must provide and maintain readily accessible first-aid facilities to all workers, including a first-aid box. (The Motor Transport Workers Act, 1961, Section 12)

4.     Employers are under the duty to provide first-aid facilities at every industrial premise. (The Beedi and Cigar Workers (Conditions of Employment) Act, Section 15)

5.     The first-aid boxes should be made available in the following proportion: 1 for every 150 workers. An ambulance room must be provided by employers if the number of workers in the factory is equal to or exceeds 500. (The Factories Act, 1948, Section 45)

6.     A first aid-room must be provided by employers where the number of workers equals or exceeds 150. (The Mines Act, 1952, Section 21)

Reference :

1.     Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996). (Section 36)

2.     Beedi and Cigar Workers (Conditions of Employment) Amendment Act, 1993 (No. 41 of 1993). (Section 15)

3.     Motor Transport Workers Act, 1961 (No. 27 of 1961). (Section 12)

4.     The Mines Act 1952 (No. 35 of 1952). (Section 21)

5.     The Factories Act 1948 (No. 63 of 1948). (Section 45)

SANITARY INSTALLATIONS

1.     As per law, the employer is obliged to ensure the general cleanliness of the work premises. Furthermore, the employer must ensure the availability of sufficient latrines and urinals, at convenient and accessible locations on the premises. Special facilities must be made available for women. Spittoons shall be also made available. (The Factories Act, 1948, Section 11, 19, 20)

2.     Employers are under a duty to provide workers with clean and sanitary latrines and urinals, made accessible and marked as separate for men and women. Contravention of this provision carries a penalty of imprisonment up to 3 months and/fine of Rs.500. (The Plantation Labour Act, 1951, Section 9)

3.     Employers are under a duty to provide workers with clean and sanitary latrines and urinals, made accessible and marked as separate for men and women. Contravention of this provision carries a penalty of imprisonment up to 3 months and/fine of Rs.1000 (The Mines Act, 1952, Section 20)

4.     Employers are under a duty to provide workers with clean and sanitary latrines and urinals, made accessible and marked as separate for men and women. (The Beedi and Cigar Workers (Conditions of Employment Act, Section12)

Reference :

1.     Beedi and Cigar Workers (Conditions of Employment) Amendment Act, 1993 (No. 41 of 1993). (§ 12)

2.     The Mines Act 1952 (No. 35 of 1952). (Section 20)

3.     Plantation Labour Act, Section 9)

4.     The Factories Act 1948 (No. 63 of 1948). (Section 11, 19, 20)

DRINKING WATER

1.     Employers are imposed with the duty of providing their workers with clean drinking water. The points where this water is available will be marked, and must be situated at the prescribed distance away from restrooms and open drains. (The Factories Act, 1948, Section 18)

2.     Employers are obliged to provide workers with clean drinking water at convenient places along with the wholesale supply of drinking water. Contravention of this provision carries a penalty of imprisonment up to 3 months and/fine of Rs.500 (The Plantation Labour Act, 1951, Section 8)

3.     Employers are imposed with the duty of providing their workers with clean drinking water. The points where this water is available will be marked, and must not be situated within a distance of 6 meters from restrooms and open drains. (The Beedi and Cigar Workers (Conditions of Employment) Act, 1966, Sec. 11)

Reference :

1.     Beedi and Cigar Workers (Conditions of Employment) Amendment Act, 1993 (No. 41 of 1993). (Section 11)

2.     Plantation Labour Act (Section 8)

3.     The Factories Act 1948 (No. 63 of 1948). (Section 18)

REST AND EATING AREAS

1.     Employers must provide workers with rest rooms, lunch rooms and cafeterias or canteens. Employers are under a duty to provide rest room and lunch room facilities where workers may eat the food they brought with them. Drinking water must also be provided in such rooms. Employers must also provide canteen facilities to all workers at the work premises. (The Factories Act, 1948, Section 46 & 47)

2.     Employers must provide workers with canteens that are well equipped and can provide food to workers on payment. Contravention of this provision carries a penalty of imprisonment up to 3 months and/fine of Rs.500 (The Plantation Labour Act, 1951, Section 11)

3.     Employers are imposed with the duty of providing canteen facilities to their workers along with other welfare measures as may be prescribed. (The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, Section 37)

4.     Canteens must be provided in all factories employing 250 or more workers. Lunch rooms are to be provided in all factories employing 150 or more workers. (The Factories Act, 1948, Section 46, 47)

5.     Canteens must be provided where there are 250 or more workers. (The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, Section 37)

Reference :

1.     Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996). (Section 37)

2.     Plantation Labour Act (Section 11)

3.     The Factories Act 1948 (No. 63 of 1948). (Section 46, 47)

EMPLOYERS’ DUTY TO PREVENT OCCUPATIONAL HEALTH AND SAFETY

1.     The law imposes the duty on employers to formulate and circulate a general policy or written statement describing his or her views on the safety and health of the workers, and the measure or arrangements currently in place in furtherance of the policy. Furthermore, the employers are duty bound to periodically revise and circulate the revised policies, among the workers in the workplace.

2.     Employers, managers and occupiers are duty bound to formulate an emergency plan and a safety management plan with respect to all operations taking place inside a mine. The plans must identify the health and safety risks; discuss the measures put in place to prevent accidents; provide for regular inspection and monitoring of the work premises in the hope of preventing occupational accidents.

3.     Employers and occupiers must keep in place, an emergency on site and off site plan detailing measures that will contain the health risk posed by a potential accident.

4.     Where fifty or more persons are employed to carry out building and construction work, employers of workers involved in building and construction work are under a duty to formulate and draft a written policy with respect to the safety and health of the workers employed at the workplace. The policy must be approved by the Central Government and must be displayed prominently on the work premises in English and Hindi.

5.     The manufacturer or employer of manufacturing unit intending to manufacutre explosives is under a duty to submit a safety management plan to the relevant authority. This safety management plan must contain details of how the employer will undertake the task of assigning duties and responsibilities among employees, hazard risk identification, education and risk awareness, reporting of accidents and subsequent investigations, precautions against possible accidents, and emergency plan in the event of an accident.

Reference :

1.     Oil Mines Regulations (Section 111 and Section 112)

2.     The Explosives Rules, 2008 (Rule 26(3))

3.     Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996). (Section 39)

4.     The Manufacture, Storage and Import of Hazardous Chemicals Rules (Rule 13 and Rule 14)

5.     The Factories Act 1948 (No. 63 of 1948), Section 7A(3)

Appointment of a person for health and safety

Employers are under an obligation to appoint special officers for OSH matters. These officers can be called Safety Officers or Inspection Officers. The law does not necessarily imply that only senior management can be appointed to such positions although there is nothing explicit that says they cannot. 

Reference :

1.     The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (No. 14 of 2013). (Section 4)

2.     Oil Mines Regulations (Rule 26)

3.     The Explosives Rules, 2008 (Rule 11)

4.     Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996). (Section 38)

5.     The Delhi Shops and Establishments Rules, 1954. (Section 40B and Section 49)

6.     The Mines Act 1952 (No. 35 of 1952). (Section 6A)

Written risk assessment

Employers who are the manufacturer of dangerous or hazardous articles, plant or machinery, must identify the associated risks, and issue a written assessment of all the risks and satisfactorily prove that the machinery and articles will not prove to be detrimental to the worker's safety and health. Refer - The Factories Act 1948 (No. 63 of 1948). (Section 7A and Section 7B)

Safe operating work systems and procedures

1.     The law imposes the duty on the employer, to take measures to ensure safe systems of work, safe workplaces, and safe work procedures, all of which do not pose any health risk to the workers. Employers are obliged to ensure that safe systems of work and facilities equipped with necessary medical aids are made available to those working with hazardous substances.

2.     Employers are under a duty to ensure that the workplace is safe and does not pose any risks or barriers to persons with disabilities at the workplace.

3.     Employers must take care of all safety measures at the workplace in order to prevent accidents.

Reference

1.     The Factories Act 1948 (No. 63 of 1948). (Section 7A and Section 7B)

2.     The Municipal Solid Waste (Management and Handling) Rules (Section 4)

3.     Dock Workers (Safety, Health and Welfare) Regulations, 1990. (Section 44)

4.     Insecticides Rules (Section 38(1)(d))

Training and information on risks

1.     The law imposes on the employer the duty to inform all workers of important information relating to OSH, and futhermore the law also empowers the workers by stating that it is their right to ask and receive such information as is deemed vital to safety and health issues at the workplace.

2.     The Employer is obliged to provide all those working on the site, handling hazardous chemical substances, training, information and facilities regarding antedotes and safety measures in the event of emergencies.

3.     Employers and dock owners are under a duty to provide training to all employees, and this training shall also include information relating to safety measures and precautions to be taken at the workplace in order to prevent occupational accidents.

4.     Employers are duty bound to provide training to employees in the use of first aid.

Reference :

1.      Public Liability Insurance Rules, 1991. (Section 4)

2.      Dock Workers (Safety, Health and Welfare) Regulations, 1990. (Section 111 and Section 114)

3.      The Factories Act 1948 (No. 63 of 1948). (Section 7A and Section 111A)

4.      The Workmen's Compensation Act, 1923 (No. 8 of 1923) [as amended]. (Section 12)

Review or assessment of the results of preventive measures

The employer or occupier of the workplace is duty bound to put in place measures meant to ensure the monitoring of the OSH measures and system, put in place at the workplace. An employer shall be responsible for providing constant and adequate supervision of any building or other construction work in his establishment so as to ensure compliance with the provisions of this Act relating to safety, and for taking all practical steps necessary to prevent accidents.

Reference :

1.     Beedi and Cigar Workers (Conditions of Employment) Amendment Act, 1993 (No. 41 of 1993). (Section 44)

2.     The Factories Act 1948 (No. 63 of 1948). (Section 7A )

Consultation with workers in health and safety

1. Employers and occupiers are obliged to ensure that representatives of workers and the management collaborate and form a safety committee that promotes co-operation among workers in maintaining safety and health of the workers at the work premises

2. The employer or occupier of the workplace is duty bound to embrace OSH measures by way of a formal safety management system and a plan that must be enforced in the work premises.

3. Particularly relevant to factories handling hazardous substances, Refer The Factories Act 1948 (No. 63 of 1948). (Section 41G, Section 7A)

Obligation to implement a specific OSH management system or standard

The employer or occupier of the workplace is duty bound to embrace OSH measures by way of a formal safety management system and a plan that must be enforced in the work premises. Refer The Factories Act 1948 (No. 63 of 1948). (Section 7A)

EMPLOYERS’ DUTY TO ENSURE AVAILABILITY OF EXPERTISE AND COMPETENCE IN HEALTH AND SAFETY

Requirement to access expert advice and/or support in health and safety

Employers must seek the advice of experts in the field of occupation health and safety while attempting to formulate policies, site appraisals and emergency plans. Refer - Factories Act 1948 (No. 63 of 1948). (Section 41A)

Qualifications of experts or professional services

The law imposes on employers the duty to ensure that persons are appointed, particularly in work premises handling hazardous substances, who possess the requisite expertise, qualifications and experience in handling hazardous substances and are competent in providing the necessary health and safety measures required by the workers at the premises. Refer Factories Act 1948 (No. 63 of 1948). (Section 41C(b)

Appointment of an OSH practitioner

1.      Employers and occupiers must agree witht the State Government's decision to appoint special officers for the purpose of overseeing OSH matters at the workplace, namely safety officers. Refer The Factories Act 1948 (No. 63 of 1948). (Section 40B)

2.      Safety officers are required to be appointed by the employer or occupier of the workplace if the work force equals or exceeds one thousand workers.

Refer The Indian Electricity Rules, Section 40B (1)

WORKERS' RIGHTS AND DUTIES

Workers are under a general duty to take steps not to willfully interfere with or misuse any appliance, convenience or other things provided in a factory for the purpose of securing his or her health, safety or welfare and must not willfully and without reasonable cause do anything likely to endager himself or herself, other works or to willfully neglect appliances or other things provided in a factory, for the purposes of securing the health or safety of other workers. Contravention of this provision entails a penalty imposed on the worker which is imprisonment upto 3 months and fine that may extend to Rs. 100. Refer : Employees' State Insurance Act, 1948 (No. 34 of 1948). (Sections 111(1) and (2)

Duty to take reasonable steps to protect the safety and health of others

Workers are under a general duty to refrain from willfully interfering, without reasonable cause, in anything likely to endanger others. Contravention of this provision entails a penalty imposed on the worker which is imprisonment up to 3 months and fine that may extend to Rs. 100. The Factories Act 1948 (No. 63 of 1948). (Section 111(1)

Supervisors’ duty to take reasonable steps to protect the safety and health of others

Supervisors are under a general duty to take reasonable steps to protect the health and safety of workers at the work premises. Supervisors, like employers and occupiers in the factory are under a duty to ensure the safety and health of all workers working at the work premises. Refer : Employees' State Insurance Act, 1948 (No. 34 of 1948).

Senior officers’ duty to take reasonable steps to protect the safety and health of others

Senior officers are under a general duty to take reasonable steps to protect the health and safety of workers at the work premises. Senior officers, like supervisors, employers and occupiers in the factory are under a duty to ensure the safety and health of all workers at the work premises. Refer: The Mines Act 1952 (No. 35 of 1952)]

Duty to comply with OSH-related requirements

Workers are under a duty to take steps not to willfully interfere with or misuse any appliance, convenience or other things provided in a factory for the purpose of securing his or her health, safety or welfare and must not willfully and without reasonable cause do anything likely to endanger himself or herself, other works or to willfully neglect appliances or other things provided in a factory, for the purposes of securing the health or safety of other workers. Contravention of this provision entails a penalty imposed on the worker which is imprisonment up to 3 months and fine that may extend to Rs. 100. The Factories Act 1948 (No. 63 of 1948), Section 111(1)

Right to enquire about risks and preventive measures: 

Every worker shall have the right to obtain from the occupier any information relating to worker's health and safety at the worksite, receive training in OSH matters and make adequate representation to the relevant authority regarding the status of OSH measures at the work premises. Refer : The Factories Act 1948 (No. 63 of 1948). (Section 111A)

Right to remove themselves from a dangerous situation

1.      Workers employed in any factory engaged in hazardous processes, having a reasonable apprehension of the likelihood of imminent danger to their lives or health due to any accident, may inform the inspector or other officers in the factory and thus warn the others, however there is no explicit mention that they may remove themselves from such a position of risk.

2.      The law clearly states that the worker has the right to bring the imminent danger to the authority’s notice, but does not explicitly mention whether the worker has the right to remove himself or herself from such danger. The Factories Act 1948 (No. 63 of 1948). (Section 41H)

Right to be reassigned to non-hazard work

1.      Workers have the right to report to factory inspectors, information regarding a health hazard in the work premises, after which the Inspector must order for the testing or dismantling of the object said to cause the hazard.

2.      The law only provides for a reporting mechanism but does not explicitly state that workers have the right to remove themselves. If anything they cannot let harm to come themselves as under Section 111 of the Factories Act, and the same would apply in this context. Refer The Mines Act 1952 (No. 35 of 1952). (Section 9(h)

Employers’ duty to consult workers on risks

Employers and occupiers are obliged to ensure that representatives of workers and the management collaborate and form a safety committee that promotes co-operation among workers in maintaining safety and health of the workers at the work premises. Particularly relevant to factories handling hazardous substances. Refer: The Factories Act 1948 (No. 63 of 1948). (Section 41G)

Workers’ right to select their representatives for health and safety matters

Employers must ensure that workers are aware of their rights to elect OSH representatives to safety management committees to ensure OSH compliance at the work premises. Refer : The Factories Act 1948 (No. 63 of 1948). (Section 41G)

Right of workers’ representatives from outside to address OSH issues at the workplace

1.      Representatives from outside the workplace (e.g. Trade Unions) have the right to enter the workplace under certain circumstances that might involve resolution of trade or industrial disputes. Refer :  The Trade Unions Act 1926 (No. 16 of 1926).

2.      Representatives from outside the workplace (e.g. Trade Unions) have the right to enter the workplace under certain circumstances that might involve resolution of trade or industrial disputes. Representatives from a trade union may consult with workers at work premises. Refer : The Trade Unions Act 1926 (No. 16 of 1926).

3.      Representatives from a trade union have the power to advise workers at work premises. Refer : The Trade Unions Act 1926 (No. 16 of 1926).

4.      Representative from a trade union may initiate enforcement action on behalf of the workers at a particular work premise. Refer : The Trade Unions Act 1926 (No. 16 of 1926).

Participation of workers’ representatives in joint OSH committee

Employers and occupiers are obliged to ensure that representatives of workers and the management collaborate and form a safety committee that promotes co-operation among workers in maintaining safety and health of the workers at the work premises.Particularly relevant to factories handling hazardous substances. The safety committee will resolve any OSH disputes through co-operation and discussion. Refer : The Factories Act 1948 (No. 63 of 1948). (Section 41G)

LEGAL PROVISIONS FOR OCCUPATIONAL HEALTH AND SAFETY PREVENTION

Chemical Hazard & Prevention:

Handling, storage, labelling and use

The law requires clear labelling and directions as to the storage, use, manufacture of hazardous chemical substances. Refer :

The Manufacture, Storage and Import of Hazardous Chemicals Rules (Rule 17) &

Benzene Convention, 1971 (No.? 136) Direct Request 2015

Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

1.      Designers, manufacturers and importers of articles and substances used in factories are under a duty to ensure that the article does not pose health risks to the workers, to adequately test the product before making it available to workers, and to take steps to ensure that the necessary information about the article is made available to the workers prior to use. Thus manufacturers of an article are also under an obligation to ensure the safety of the workers at different work premises, who are using the manufactured articles in the course of their employment.

2.      The employers, or occupiers or the manufacturers, suppliers and importers of hazardous chemical substances are under a duty in law, to provide necessary information regarding the proper handling and storage of chemical substances. They are obliged to provide periodic safety reports and are required to make public any information critical to the use of these substances and the health risks they pose.

Reference :

1)     The Manufacture, Storage and Import of Hazardous Chemicals Rules

2)     The Factories Act 1948 (No. 63 of 1948). (§ 7B)

3)     Benzene Convention, 1971 (No. ? 136) Direct Request 2015

Pesticides

1)     Manufacturers of insecticides are under a duty to prevent misbranding of the hazardous substances, and are under an obligation to provide information relevant to the health risks posed by the use of the insecticide. This obligation extends to all persons who may come into contact with the insecticides, both on the work site and elsewhere.

2)     The law states that unless it complies with all requirements, a prohibition on the sale of an insecticide for reasons of public safety can be imposed. Refer : The Insecticides Act (Section 29, Section 17)

Ergonomic hazards

Employers must ensure that workers are not exposed to ergonomic risks. This may take the form of control measures against exposure to extreme temperatures, adequate availability of drinking water, and the provision of proper sanitation facilities, along with the provision of rest rooms in order to minimise worker fatigue. Refer : The Factories Act 1948 (No. 63 of 1948).

Physical hazards

1.      For Ionizing radiation, The law provides that the necessary facilities to ensure safe handling and mitigate risk of xposure shall be provided. Refer :

Atomic Energy (Factories) Rules 1996 (G.S.R. 253).

Radiation Protection Convention, 1960 (No.? 115) Observation 2010 

Radiation Protection Convention, 1960 (No.? 115) Direct Request 2015

2.      For Vibration and noise, Employers are obliged to minimise risks posed by excessive noise and vibration caused by the use of machinery at the work premises. Refer Employees' State Insurance Act, 1948.

3.      For Working at height, Employers must ensure the implementation of safety measures by way of fencing, with reference to workers working at high places. Refer The Factories Act 1948 (No. 63 of 1948). (Sec-32(c)

4.      For Working in confined spaces, Employers must ensure that work premises are properly ventilated and not overcrowded. Refer The Factories Act 1948 (No. 63 of 1948). (Section 13 and 15)

5.      For Risks arising from poor maintenance of workplace facilities, the law imposes on the employer the duty to fix poor facilities and buildings. Refer : The Factories Act 1948 (No. 63 of 1948). (Sec 40-A & Sec-14)

6.      For Exposure to extreme temperatures, The employer is obliged to ensure that workers are not exposed to extreme temperatures at the work premises. Refer : Employees' State Insurance Act, 1948 (Section 13)

7.      For Fire risks, Employers must protect their workers against the risk of fire hazards, through providing adequate number of extinguishers, providing sufficent protective gear to the workers. Refer :

The Explosives Rules, 2008

The Factories Act 1948 (No. 63 of 1948).

8.      For Tobacco,  The law provides for OSH protection to workers handling tobacco. Refer Beedi and Cigar Workers (Conditions of Employment) Amendment Act, 1993 (No. 41 of 1993).

Psychosocial hazards

Psychosocial risks like stress owing to economic pressure are recognized by certain statutes where employers must provide measures that alleviate these kind of risks through social security schemes and insurance policies. Refer :

Unorganised Workers' Social Security Act, 2008 (No. 33 of 2008).

Employees' State Insurance Act, 1948 (No. 34 of 1948).

Occupational violence

Employers are obliged to resolve trade disputes, industrial disputes and minimise instances of sexual harassment at the work place. Reference :

1.      The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

2.      The Industrial Disputes Act, 1947 (No. 14 of 1947).

Other hazardous substances

1.     The occupier and employer of every factory dealing with hazardous substances are under a duty to disclose to the workers, Chief Inspectors and the public living in the vicinity, in the prescribed manner, all information regarding dangers and health hazards and measures to overcome hazards caused by exposure to hazardous substances. Failure to comply with these legal provisions entails the penalty of cancellation of license, notwithstanding any other penalty that the occupier or employer faces in view of the damage or harm caused.

2.     There are a number of legal provisions addressing worker safety from risks posed by hazardous substances like dust, fumes and debris. These provisions are located in statutes dealing with the regulation of employment and the employee's safety that deal with workers in the mining industry, labour codes dealing with factories, statutes that outline the regulation of building and construction work, statutes dealing with informal workers such as domestic workers and manual labourers. Reference :  The Factories Act 1948 (No. 63 of 1948). (Sections 11, 13, 14, 41b)

Risks related to machinery and tools

1.      Employers must ensure the complete mitigation of risks posed by machinery at the work place. Refer : The Factories Act 1948 (No. 63 of 1948). (Sections 21 to 30)

2.      Designers, manufacturers and importers of articles and substances used in factories are under a duty to ensure that the article does not pose health risks to the workers, to adequately test the product before making it available to workers, and to take steps to ensure that the necessary information about the article is made available to the workers prior to use. Thus manufacturers of an article are also under an obligation to ensure the safety of the workers at different work premises, who are using the manufactured articles in the course of their employment. (The Factories Act 1948 (No. 63 of 1948), Section 7B)

3.      The law imposes a duty on manufacturers, designers and dealers of dangerous machinery the obligation of ensuring industry standards compliance of the machinery, and must provide clear legible indicators on machines, including points beyond which human contact must be avoided. They are duty bound to provide manuals that provide clear instructions as to the use, maintenance and general safety precautions surrounding the machinery or equipment. The manufacturers of dangerous machinery must ensure that the machinery complies with established safety standards. Furthermore, the manufacturers are obliged to label the machinery with the appropriate danger signals, manufacturing details, and power requirements. In the event of harm caused to the workers due to faulty machinery, the manufacturers are under an obligation to reimburse the worker, or the worker's family for the damage caused. (Dangerous Machines (Regulation) Act, 1983 (No. 35 of 1983), Section 13-17).

Reference :

? Dangerous Machines (Regulation) Act, 1983 (No. 35 of 1983). (Chapter IV, Sections 3-17)

? The Factories Act 1948 (No. 63 of 1948). (Sections 7B)

Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

1.     Designers, manufacturers and importers of articles and substances used in factories are under a duty to ensure that the article does not pose health risks to the workers, to adequately test the product before making it available to workers, and to take steps to ensure that the necessary information about the article is made available to the workers prior to use. Thus manufacturers of an article are also under an obligation to ensure the safety of the workers at different work premises, who are using the manufactured articles in the course of their employment.

2.     The law imposes a duty on manufacturers, designers and dealers of dangerous machinery the obligation of ensuring industry standards compliance of the machinery, and must provide clear legible indicators on machines, including points beyond which human contact must be avoided. They are duty bound to provide manuals that provide clear instructions as to the use, maintenance and general safety precautions surrounding the machinery or equipment.

Reference :

? Dangerous Machines (Regulation) Act, 1983 (No. 35 of 1983). (Chapter IV)

? The Factories Act 1948 (No. 63 of 1948). (Section 7B)

Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

Employers are obliged to purchase and use machinery that complies with the prescribed industry standards.  Refer : Dangerous Machines (Regulation) Act, 1983 (No. 35 of 1983).

Maintenance of machinery and equipment

The law imposes on employers and users of machinery and equipment in India, the duty to conduct periodic maintenace in an organised way, and to ensure that the machinery is compliant with the prescribed industry standards. This is a general obligation that is imposed by provisions in the Factories Act, 1948; the Dangerous Machines Act, 1983; the Workmen's Compensation Act, 1923. Refer : The Factories Act 1948 (No. 63 of 1948).

PROVISIONS TO PROTECT WORKERS IN SPECIFIC CONDITION OF VULNERABILITY

Protection of pregnancy at work

1.     The law imposes on employers the duty to ensure that no pregnant worker find herself employed in a task that proves detrimental to her health, requires her to stand for long hours or is of an arduous nature.

2.     Contravention entails imprisonment up to 3 months and fine of Rs.500.

3.     Pregnant workers must not be permitted to carry heavy loads.

4.     Employers must ensure that she is not employed 6 weeks prior to her delivery.

5.     The health of pregnant workers has been extensively addressed in the Maternity Benefits Act, 1961 and the relevant provisions have been referred to in other statutes.

Reference :

Atomic Energy (Radiation Protection) Rules (Rule 38(1))

Maternity Benefit Act 1961 (No. 53 of 1961). (Section 4)

Benzene Convention, 1971 (No. ? 136) Direct Request 2015

Protection of lactating women at work

1.      Pregnant workers must not be permitted to carry heavy loads.

2.      According to the law, employers are imposed with the duty of having to provide lactating workers with 2 breaks of the required duration, in order to nurse the child till the child attains the age of 15 months. A contravention entails imprisonment up to 3 months and fine of Rs.500

3.      Employers and occupiers of factories are under a duty to provide creche facilities to all the children of women employees, who are under the age of 6 years. These rooms are required to provide women workers with the necessary facilities for feeding and caring for their children. In addition, employers must also provide milk and other refreshments, free of cost to the children. A contravention of this provision carries a penalty of imprisonment of upto 2 years and/fine of Rs.2 lakh. Continuance of offence after conviction carries a further fine of Rs.1000 for every day the offence continues.

4.      Employers in the mining industry must provide their workers with creche facilities where children as well as nursing mothers are required to undergo a medical examination once every 2 months by a registered medical practitioner.

5.      Employers in charge of plantations that employ women workers, are obliged to provide creche facilities for the children of women workers, who are under the age of 6 years. These facilities must be clean, ventilated and adequately provided with the necessary facilities and equipment required for the care of women and children. Contravention of this provision entails a penalty of imprisonment up to 3 months and fine of Rs. 500 and a subsequent imprisonment of 6 months and fine of Rs. 1000 for continuance of offence after conviction.

6.      The employer of a workplace that involves women working with atomic energy, is under a duty to provide creche facilities that are well ventilated, conveniently located, well-equipped and also provide children with free refreshments and milk. Women workers are provided with four 15 minute breaks in order to nurse and feed the child.

7.      Employers of women workers in the Beedi industry are under a duty to provide creche facilities at the work premises. These creches must be well ventilated, adequately equipped, suitably lighted, clean and sanitary. Free refreshments and milk must be provided to the infants, and the women workers must be provided a suitable number of breaks in order to nurse and care for their children. Contravention of these provisions carries a fine of Rs. 250 and on continuance of offence after conviction, a subsequent fine of up to Rs. 500 and/imprisonment of upto 6 months.

8.      Employers of women workers in the area of building and construction must make creche facilities available to women workers for their children under the age of 6 years. These creche facilities must be clean, well ventilated and well-equipped with facilities for child care. Contravention of these provisions carry a fine of up to Rs. 1000 or Rs. 100 in addition for every day of offence subsequent to conviction.

9.      Employers of factories that ordinarily employ thirty or more women workers, must provide creche facilities.

Reference :

1.      Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996). (Section 35)

2.      Atomic Energy (Factories) Rules 1996 (G.S.R. 253). (Sections 73, 74, 75 and 76)

3.      Beedi and Cigar Workers (Conditions of Employment) Amendment Act, 1993 (No. 41 of 1993). (Section 14)

4.      Mines Creche Rules, 1966 (G.S.R. 516) [as amended, with comments and references to cases up to 1994]. (Section 10)

5.      Maternity Benefit Act 1961 (No. 53 of 1961). (Section 11)

6.      Plantation Labour Act (Section 12)

7.      The Factories Act 1948 (No. 63 of 1948). (Section 48)

8.      Benzene Convention, 1971 (No.? 136) Direct Request 2015

Limits to women’s access to specific occupations, undertakings or shifts

1.     Employers must ensure that women are restricted from certain tasks and occupations that may pose a threat to their health. Women workers are to be restricted from taking on late night shifts, unless necessary and are prevented from hoisting excessive weights or undertaking business activities that are harmful to them, or their well being.

2.     Employers are under a duty to ensure that women employees are not to be employed for dangerous work, as has been identified in the Central Gazzette by the Government of India. Employers and occupiers of mines are under a duty to prevent women from taking up a job below the ground, and to only be employed during a fixed duration of time in the day, above ground.

Reference :

1)     The Mines Act 1952 (No. 35 of 1952). (Section 46)

2)     Bombay Shops and Establishments Act, 1948. (Section 34A)

3)     The Factories Act 1948 (No. 63 of 1948). (Section 27 and Section 66)

4)     Underground Work (Women) Convention, 1935 (No.? 45) Direct Request 2010

Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

1)     The law imposes a number of obligations on employers with reference to the employment of young persons in various industries. This relates to the hours of work, the kind of work, and the measures put in place to safeguard the young worker's health and safety. 

2)     Employers are under an obligation to ensure that adolescent employees are not employed for a duration longer than that specified in the Act.

3)     Employers must place restrictions on the amount of weight to be lifted by young employees.

4)     Employers are duty bound to prevent young employees from participating in dangerous business activities, or from working beyond the prescribed duration of time.

Reference :

1)     Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996). (Section 38)

2)     Motor Transport Workers Act, 1961 (No. 27 of 1961). (Section 14)

3)     Bombay Shops and Establishments Act, 1948. (Chapter VI)

4)     The Factories Act 1948 (No. 63 of 1948). (Chapter VII of the Act)

5)     Night Work of Young Persons (Industry) Convention (Revised), 1948 (No.? 90) Observation 2016

6)     Night Work of Young Persons (Industry) Convention (Revised), 1948 (No.? 90) Direct Request 1994

RECORDING, NOTIFICATION AND INVESTIGATION OF ACCIDENTS/INCIDENTS AND DISEASES

1.     The owner, agent, or manager of the mine is under a duty to record the accidents, and enter it into a register. The employer is under a duty to maintain a record of all accidents.

? The Municipal Solid Waste (Management and Handling) Rules (Section 226)

? The Mines Act 1952 (No. 35 of 1952), (Section 23)

2.     Near misses also fall under the definition of accidents and so the same provisions that apply to occupational accidents apply here as well. The employer is under a duty to maintain a record of all the workers who have contracted a disease in the course of employment

? Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996). (Section 226)

3.     The employer is under the duty to give notice of the accident to the Regional Labour Commissioner (Central).

The employer is under the duty to give notice of the accident to the central authorities prescribed within 48 hours of the accident occurring.

4.     The employer is under a duty to send notice of the accident if it involves hazardous substances to the Ministry of Environment and Forests.

? Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996). (Section 210)

? The Manufacture, Storage and Import of Hazardous Chemicals Rules (Rule 5)

? The Factories Act 1948 (No. 63 of 1948). (Section 88)

OSH INSPECTION AND ENFORCEMENT OF OSH LEGISLATION

Appointment of OSH inspectors

1)     In every State, an Inspectorate of Factories is established which enforces the Factories Act 1948 and the State Factories Rules and other labour related statutes such as the Child Labour (Prohibition and Regulation) Act, 1986, the Maternity Benefit Act, 1961, The Employee's Compensation Act, 1923 and so on, as relating to factories. Factory Inspectors are appointed at local and district levels for enforcing the provisions of these statutes. The Inspectorates of Factories are also staffed with specialists in the field of occupational health and industrial hygiene at their headquarters to extend support to field inspectors. 

2)     The State Government may appoint persons with the prescribed qualifications to be inspectors for the purpose of overseeing factories in the area assigned to them.

3)     Persons with the prescribed qualifications to be inspectors for the purpose of overseeing mining activities in mines, in the area assigned to them. Refer :

? The Mines Act 1952 (No. 35 of 1952). (Section 6 and 7)

? The Factories Act 1948 (No. 63 of 1948). (Section 8)

4)     Under the law, inspectors have the power to enter workplaces in order to conduct inspections of the work premises and investigations/inquiries into accidents or dangerous occurrences. Refer: The Factories Act 1948 (No. 63 of 1948). (Section 9)

5)     Inspectors have the power to enter the work premises and seize or take copies of any register or document or any part thereof as may be considered necessary with respect to investigating an offence committed on the work premises or any other examination to be conducted on the premises. Refer: The Factories Act 1948 (No. 63 of 1948). (Section 9)

6)     Inspectors have the power to enter the work premises and seize or take copies of any register or document or any part thereof as may be considered necessary with respect to investigating an offence committed on the work premises or any other examination to be conducted on the premises. Refer: The Factories Act 1948 (No. 63 of 1948). (Section 9)

7)     Inspectors have the power to enter the work premises and seize or take copies of any register or document or any part thereof as may be considered necessary with respect to investigating an offence committed on the work premises or any other examination to be conducted on the premises. Refer: The Factories Act 1948 (No. 63 of 1948). (Section 9)

8)     Inspectors have the power to issue orders to the employers to take certain steps towards remedying safety and health problems on the work premises. Refer: The Factories Act 1948 (No. 63 of 1948). (Section 9(f) and (h))

9)     The Inspectorate only has the power to issue notice to the employers and to the prescribed authority, which will then resolve the matter, thereby making a decision as regards fines and other penalties. Refer: The Factories Act 1948 (No. 63 of 1948).

10) The inspector only has power to give notice of the non-compliance of the employer or occupier. Refer: The Factories Act 1948 (No. 63 of 1948).

11) The inspector has the power to stop the dangerous work or the use of dangerous machinery so long as he or she is convinced that it poses a threat to the workers' safety and health. Refer: The Factories Act 1948 (No. 63 of 1948). (Section 9(h)

12) The inspector only has power to give notice of the non-compliance of the employer or occupier. Refer: The Factories Act 1948 (No. 63 of 1948).

13) The inspector only has power to give notice of the non-compliance of the employer or occupier. Refer: The Factories Act 1948 (No. 63 of 1948).

14) The inspector has the power to order the establishment to cease its work until further notice. Refer: The Factories Act 1948 (No. 63 of 1948). (Section 9(h))

APPLICATION OF SANCTIONS BY COURTS

1)     Financial penalties for legal persons : Maximum – Rs. 1,25,000; Minimum – Rs. 500

? The Factories Act 1948 (No. 63 of 1948). (Section 92)

2)     Financial penalties for natural persons : Maximum - Rs. 1,25,000; Minimum – Rs. 500

? The Factories Act 1948 (No. 63 of 1948). (Section 92)

3)     Non-financial sanctions : Injunctions and temporary closure of work are some of the non-financial sanctions that the Courts have imposed on non-compliant factory owners.

4)     Criminal liability : The Indian Penal Code, 1860 and the Criminal Procedure Code, 1973 are the mainstream criminal law statutes under which prosecution for crimes such as manslaughter, can be initiated. Refer :

? Code of Criminal Procedure of 1973.

? Penal Code (Act No. 45 of 1860).

5)     Terms of imprisonment for natural persons :  3 months to 2 years.

? The Factories Act 1948 (No. 63 of 1948).