Ministry of Labour and Employment
1.1 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.
1.2 These Directive Principles provide :
a) for securing the health and strength of employees,
men and women;
b) that the tender age of children are not abused;
c) that citizens are not forced by economic necessity to
enter avocations unsuited to their age or strength;
d) just and humane conditions of work and maternity
relief are provided; and
e) 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.
1.3
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.
1.4
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. A critical
role is played by the Government and the social partners, professional safety
and health organizations in ensuring prevention and in also providing
treatment, support and rehabilitation services.
1.5
Government
of India firmly believes that without safe, clean environment as well as
healthy working conditions, social justice and economic growth cannot be
achieved and that safe and healthy working environment is recognized as a
fundamental human right. Education, training, consultation and exchange of
information and good practices are essential for prevention and promotion of
such measures.
1.6
The changing
job patterns and working relationships, the rise in self employment, greater
sub-contracting, outsourcing of work, homework and the increasing number of
employees working away from their establishment, pose problems to management of
occupational safety and health risks at workplaces. New safety hazards and
health risks will be appearing along with the transfer and adoption of new
technologies. In addition, many of the well known conventional hazards will
continue to be present at the workplace till the risks arising from exposure to
these hazards are brought under adequate control. While advancements in
technology have minimized or eliminated some hazards at workplace, new risks
can emerge in their place which needs to be addressed.
1.7
Particular
attention needs to be paid to the hazardous operations and of employees in risk
prone conditions such as migrant employees and various vulnerable groups of
employees arising out of greater mobility in the workforce with more people
working for a number of employers, either consecutively or simultaneously.
1.8
The
increasing use of chemicals, exposure to physical, chemical and biological
agents with hazard potential unknown to people; the indiscriminate use of
agro-chemicals including pesticides, agricultural machineries and equipment;
industries with major accident risks; effects of computer controlled technologies
and alarming influence of stress at work in
many modern jobs pose serious safety,
health and environmental risks.
1.9
The
fundamental purpose of this National Policy on Safety, Health and Environment at workplace, is not only to eliminate the
incidence of work related injuries, diseases, fatalities, disaster and loss of
national assets and ensuring achievement of a high level of occupational
safety, health and environment performance through proactive approaches but also to enhance the well-being of the
employee and society, at large.
The necessary changes in this area will be based
on a co-ordinated national effort focused on clear national goals and
objectives.
1.10
Every
Ministry or Department may work out their detailed policy relevant to their working
environment as per the guidelines on the National Policy.
2. GOALS:
The
Government firmly believes that building and maintaining national preventive
safety and health culture is the need of the hour. With a view to develop such a culture and to improve
the safety, health and environment at work place, it is essential to meet the
following requirements:-
2.1
providing
a statutory framework on Occupational Safety and Health in respect of all
sectors of industrial activities including the construction sector, designing
suitable control systems of compliance, enforcement and incentives for better
compliance.
2.2
providing
administrative and technical support services.
2.3
providing
a system of incentives to employers and employees to achieve higher health and safety
standards .
2.4
providing
for a system of non-financial incentives for improvement in safety and health.
2.5
establishing
and developing the research and development capability in emerging areas of risk and providing for effective control measures.
2.6
Focusing
on prevention strategies and monitoring performance through improved data
collection system on work related injuries and diseases.
2.7
Developing
and providing required technical manpower and knowledge in the areas of safety,
health and environment at workplaces in different sectors.
2.8
Promoting
inclusion of safety, health and environment, improvement at workplaces as an
important component in other relevant national policy documents.
2.9
Including
safety and occupational health as an integral part of every operation.
3. OBJECTIVES:
3.1 The policy seeks to bring
the national objectives into focus as a step towards improvement in safety,
health and environment at workplace. The
objectives are to achieve:-
a)
Continuous
reduction in the incidence of work related injuries, fatalities, diseases,
disasters and loss of national assets.
b)
Improved
coverage of work related injuries, fatalities and diseases and provide for a
more comprehensive data base for facilitating better performance and
monitoring.
c)
Continuous
enhancement of community awareness regarding safety, health and environment at
workplace related areas.
d)
Continually
increasing community expectation of workplace health and safety standards.
e)
Improving
safety, health and environment at workplace by creation of “green jobs”
contributing to sustainable enterprise development.
4. ACTION PROGRAMME
For the
purpose of achieving the goals and objectives mentioned in paragraphs 2 and 3
above, the following action programme is
drawn up and where necessary time bound action programme would be initiated,
namely:-
4.1. Enforcement
4.1.1
by
providing an effective enforcement machinery as well as suitable provisions for
compensation and rehabilitation of affected persons;
4.1.2
by
effectively enforcing all applicable laws and regulations concerning safety,
health and environment at workplaces in all economic activities through an
adequate and effective labour inspection system;
4.1.3
By
establishing suitable schemes for subsidy and provision of loans to enable
effective implementation of the policy;
4.1.4
by
ensuring that employers, employees and others have separate but
complementary responsibilities and
rights with respect to achieving safe and healthy working conditions;
4.1.5
by
amending expeditiously existing laws relating to safety, health and environment
and bring them in line with the relevant international instruments;
4.1.6
by
monitoring the adoption of national standards through regulatory authorities;
4.1.7
by
facilitating the sharing of best practices
and experiences between national and international regulatory
authorities;
4.1.8
by
developing new and innovative
enforcement methods including financial incentives that encourage and ensure
improved workplace performance;
4.1.9
by
making an enabling legislation on Safety, Health and Environment at Workplaces;
4.1.10
by
setting up safety and health committees wherever deemed appropriate;
4.2
National Standards
4.2.1
by developing
appropriate standards, codes of practices and manuals on safety, health and
environment for uniformity at the national level in all economic activities
consistent with international standards and implementation by the stake holders
in true spirit;
4.2.2
by ensuring
stakeholders awareness of and accessibility to applicable policy, documents,
codes, regulations and standards;
4.3
Compliance
4.3.1
by
encouraging the appropriate Government
to assume the fullest responsibility for the administration and
enforcement of occupational safety, health and environment at workplace, provide assistance in identifying their needs
and responsibilities in the area of safety, health and environment at
workplace, to develop plans and programmes in accordance with the provisions of
the applicable Acts and to conduct experimental and demonstration projects in
connection therewith;
4.3.2
by
calling upon the co-operation of social partners in the supervision of application of legislations and regulations
relating to safety, health and
environment at work place;
4.3.3
by
continuous improvement of Occupational Safety and Health by systems approach to
the management of Occupational Safety and Health including developing guidance
on Occupational Safety and Health management systems, strengthening voluntary
actions, including mechanisms for self-regulatory concept and establishing
auditing mechanisms which can test and authenticate occupational safety and
health management systems;
4.3.4
by providing specific measures to prevent
catastrophes, and to co-ordinate and specify the actions to be taken at
different levels, particularly in the industrial zones with high potential risks;
4.3.5
by
recognizing the best safety and health practices and providing facilitation for
their adoption.
4.3.6
by
providing adequate penal provisions as deterrent for violation of laws for the
time being in force;
4.3.7
by
encouraging all concerned to adopt and commit to “Responsible Care” and / or
“Corporate Social Responsibility” to improve safety, health and environment at
workplace performance;
4.3.8
by
ensuring a suitable accreditation machinery to recognise institutions,
professionals and services relating to safety, health and environment at
workplace for uniformity and greater coverage as also authenticating safe
management system;
4.3.9
by
encouraging employers to ensure occupational safety and health management
systems, establish them in efficient manner to improve workplace safety and
health;
4.3.10
by
specifically focusing on such occupational diseases like pneumoconiosis and
silicosis; developing a framework for its prevention and control as well as
develop technical standards and guidelines for the same;
4.3.11
by
promoting safe and clean technology and progressively replacing materials
hazardous to human health and environment;
4.4
Awareness
4.4.1
by
increasing awareness on safety, health and environment at workplace through
appropriate means;
4.4.2
by
providing forums for consultations with employers’ representatives, employees
representatives and community on matters of national concern relating to safety,
health and environment at work place with the overall objective of creating
awareness and enhancing national productivity;
4.4.3
by
encouraging joint labour-management efforts to preserve, protect and promote
national assets and to eliminate
injuries and diseases arising out of employment;
4.4.4
by
raising community awareness through structured, audience specific approach;
4.4.5
by
continuously evaluating the impact of such awareness and information
initiatives;
4.4.6
by
maximizing gains from the substantial investment in awareness campaigns by
sharing experience and learning;
4.4.7
by
suitably incorporating teaching inputs on safety, health and environment at
work place in schools, technical, medical, professional and vocational courses
and distance education programme;
4.4.8
by
securing good liaison arrangements with
the International organisations;
4.4.9
by
providing medical criteria wherever necessary which will assure insofar as
practicable that no employee will suffer diminished health, functional
capacity, or life expectancy as a result of his work place activities and that
in the event of such occupational diseases having been contracted, is suitably
compensated;
4.4.10
by
providing practical guidance and encouraging employers and employees in their
efforts to reduce the incidence of occupational safety and health risks at
their places of employment and to impress upon employers and employees to
institute new programmes and to improve existing programmes for providing safe
and healthful working conditions, requiring
employers to ensure that workers and their representatives are
consulted, trained, informed and involved in all measures related to their
safety and health at work;
4.5
Research and Development
4.5.1
by
providing for research in the field of safety,
health and environment at workplace, including the social and psychological
factors involved, and by developing innovative methods, techniques including
computer aided Risk Assessment Tools, and approaches for dealing with safety,
health and environment at
workplace problems which will help in establishing standards;
4.5.2
by
exploring ways to discover latent diseases, establishing causal connections
between diseases and work environmental
conditions, updating list of occupational diseases and conducting other
research relating to safety, health and environmental problems at workplace;
4.5.3
by
establishing research priorities as per national requirements; exploring
partnerships and improving communications with various national and
international research bodies;
4.5.4
by
ensuring a coordinated research approach and an optimal allocation of resources
in Occupational Safety and Health sector for such purposes;
4.6
Occupational safety and health
skills development
4.6.1
by
building upon advances already made through employer and employee initiative
for providing safe and healthy working conditions;
4.6.2
by
providing for training programmes to increase the number and competence of
personnel engaged in the field of occupational safety, health and environment
at workplace;
4.6.3
by
providing information and advice, in an
appropriate manner, to employers and employees organisations, with a view to
eliminating hazards or reducing them as far as practicable;.
4.6.4
by
establishing occupational health services aimed at protection and promotion of
health of employee and improvement of working conditions and by providing
employee access to these services in different sectors of economic activities;
4.6.5
by
integrating health and safety into vocational, professional and labour related training
programmes as also management training including small business practices;
4.6.6
by
adopting Occupational Safety and Health training curricula in workplace and
industry programmes;
4.7
Data collection
4.7.1
by
compiling statistics relating to safety, health and environment at work places,
prioritizing key issues for action, conducting national studies or surveys or
projects through governmental and non-governmental organisations;
4.7.2
by
reinforcing and sharing of information and data on national occupational safety,
health and environment at work place information amongst different stake
holders through a national network system on Occupational Safety and Health;
4.7.3
by
extending data coverage relevant to work-related injury and disease, including
measures of exposure, and occupational groups that are currently excluded, such
as self-employed people;
4.7.4
by
extending data systems to allow timely reporting and provision of information;
4.7.5
by
developing the means for improved access to information;
4.8
Review
4.8.1
An
initial review and analysis shall be carried out to ascertain the current
status of safety, health and environment at workplace and building a national
Occupational Safety and Health profile.
4.8.2
National
Policy and the action programme shall be reviewed at least once in five years
or earlier if felt necessary to assess relevance of the national goals and
objectives.
5.
CONCLUSION
5.1
There
is a need to develop close involvement of social partners to meet the
challenges ahead in the assessment and control of workplace risks by mobilizing
local resources and extending protection to such working population and
vulnerable groups where social protection is not adequate.
5.2
Government
stands committed to review the National Policy on Safety, Health and
Environment at Workplace and legislations
through tripartite consultation,
improve enforcement, compilation
and analysis of statistics; develop
special programmes for hazardous operations and other focus sectors, set up
training mechanisms, create nation-wide awareness, arrange for the mobilization
of available resources and expertise.
5.3
The
National Policy and programme envisages total commitment and demonstration by
all concerned stake holders such as Government and social partners. Our goals and
objectives will be that through dedicated and concerted efforts consistent with
the requirements of safety, health and environment at work place and thereby
improving the quality of work and working life.
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