MANAGEMENT OF OCCUPATIONAL SAFETY AND HEALTH

AT STATE LEVEL

 

8.1    Introduction

 

Management of safety and health at the state level is more complex than at the unit level.  At unit level the problems are relatively simple and unit specific depending upon the type of industry.  However at the state level the management of safety and health is not unit or industry specific and the instruments such as policies, legislation, etc. are required to be more comprehensive to take care of safety and health issues in all type of occupations.  Apart from the Factories Act, 1948, there are other legislations for providing a better work environment, safety, health and welfare facilities.  These legislations are enforced by various state government authorities such as the Chief Inspector of Factories, the State Labour commissioner, etc.

 

Education and training plays an important role in management of safety and health at state level and thus cannot be neglected.  Non-government organizations (NGOs), voluntary organization’s, institutions and agencies engaged in safety and health are contributing in their own way towards the objective for giving the workers a safe and healthy work environment.

 

Safety  and health at work is governed by a variety of statutes  in the state depending on the nature of work place, manufacturing activity and  specific  aspects  of safety and health.  Some  of  the  important statutes are given below :

 

         1.         The Factories Act,1948

         2.         The Tamil Nadu Factories Rules,1950

         3.         Indian Boilers Act,1923

         4.         Dangerous machines (Regulations) Act,1983

5.                  Child Labour (Prohibition and Regulations) Act,1986

6.                  Manufacture, Storage and Import of Hazardous Chemicals

                     Rules,1989

         7.         Control of Major Accident Hazards Rules, 1993

         8.         Dock Workers (Safety, Health and Welfare)Regulations,1990

9.                  Dock Workers (Safety, Health and Welfare) Rules, 1990

10.             Building and other Construction Workers Act, 1986

         11.       Indian Electricity Act, 1923

12.      Indian Electricity Rules, 1966

13.      Indian Explosives Act, 1884

14.      The Petroleum Act, 1934

          15.      Static and Mobile Pressure Vessels Rules, 1981.

Different departments of the Central Government and  the State Government  are entrusted with the responsibility  of  enforcement  of these statutes.  The efforts of the enforcement agencies are  also supplemented by other organization’s such as training and  research institutions,  employers associations, employees associations,  etc. in promoting occupational safety and health in the state. A brief account of these organizations is given in the following paragraphs.

8.2      Regional Labour Institute, Chennai

 

8.2.1            Profile

 

The Directorate General Factory Advice Service and Labour Institutes (DGFASLI) formerly known as the Office of Chief Advisor of Factories was set up in Delhi in 1945 under the Ministry of Labour, Government of India.  The Directorate General, Factory Advice Service and Labour Institutes (DGFASLI) comprises Central Labour Institute, Mumbai, Regional Labour Institutes at Madras, Kanpur, Kolkatta and Faridabad.

 

The Regional Labour Institute, Chennai, was set up in the year 1960 with its Safety, Health and Welfare Centre located in a rented premises at Royapettah.  All the activities and facilities of the Institute were then consolidated in its own premises at No.1, Sardar Patel Road, Adyar, Chennai.

 

The Regional Labour Institute, Chennai is equipped in the following areas:

 

§              Industrial Safety

§              Industrial Hygiene

§              Industrial Medicine

§              Major Accident Hazards Control

 

8.2.2            Facilities Available

 

The facilities available in the Regional Labour Institute, Chennai are:

 

§              Industrial Safety, Health & Welfare Center

§              Mobile Safety Exhibition

§              Library

§              Auditorium and Conference Hall

§              Hostel

 

The Industrial Safety Division aims at Achieving improvement in the working conditions and safety standards of factories and Docks through training, consultancy, field studies, surveys and other promotional activities.  It has contributed to the following achievements:

 

Ø           Evolution of a Safety movement in the Country

Ø           Creation of national awareness on safety

Ø           Better Administration of the Factories Act through training of Inspectors of  Factories and technical support.

Ø           Inplant training programmes on Safety, Audits, Surveys and Consultancy studies are part of the safety activity of this Institute.

 

The Industrial Hygiene Division is basically concerned with the improvement of Industrial work environment and comprises of Industrial Hygiene Laboratory (IHL) with all equipment related, to the division.  The division undertakes various studies/syrvets, national projects and training courses to protect the health of industrial workers through identification, evaluation and control of occupational health hazards and advises the management on ways to meet the requirements.  The division also organizes training courses in the areas of Industrial Hygiene for a specific group of industries.  These training courses are offered to safety officers, chemists, supervisors and middle level managers in the identification and assessment and control of occupational hazards in their factories.

 

The Industrial Medicine Division aims to prevent and contain health hazards at the workplace brought in by industrialization.  The hazards may arise from chemicals or from physical factors such as noise, heat, vibration and radiation.  Occupational health studies and surveys covering particular industries like asbestos, dye-stuff, cement, chemical, engineering and port are carried out to assess the incidence of occupational diseases.   Suitable recommendations such as medical surveillance, use of personal protective equipment, facilities for personal hygiene and first aid, etc. are made to prevent and control health hazards.  It also carries out training for medical officers and workers.  The laboratory attached to the division has facilities for medical investigation, including visual acuity tests, audiometric evaluation and pulmonary function tests.

 

The MAHC division offers the services of conducting training courses, seminars and workshops on MAHC for senior executives, trade union leaders, senior government officials, safety officers, worker members of safety committee.   Organize specialized training courses/workshops on Hazard and Operability (HAZOP) study, pipeline safety, safety in process control and safety audit.

 

Industrial Safety, Sealth and Welfare Centre demonstrates methods, arrangements and appliances for promoting safety and health of workers.  The Centre has models and exhibits regarding safety, health and welfare in the form of properly guarded machines, personal protective equipment, safe methods of material handling, light and colour schemes and other arrangements, for propagating the message of safety and health at workplaces.  This Centre is opened to organized groups from industries and educational institutions.

 

Mobile Safety Exhibition:  The Mobile Safety Exhibition was set up to carry message of safety right to the doorsteps of factories and docks.  The exhibition van highlights the hazards in industrial processes, and the use of safety appliances and demonstrates the safeguards, which should be followed to prevent industrial accident.

 

The Workshop provides engineering support to the Industrial Safety, Health and Welfare Centre and Mobile Safety Exhibition Van by way of production and maintenance of Exhibits and Models.

 

The Library has about 6000 books  and 2000 reports on the various disciplines dealt by this Institute.  The library, though primarily meant for the faculty of the Institute, is also referred by people from industry, and post graduate students of professional courses.  The Diploma students were allowed for reference and issue of books.

 

The Regional Labour Institute has an Art Section which is evolved in paintings of safety posters, maintaining the colour of safety equipment and other matter connected with the institute programmes.

 

The Institute has an Auditorium with a seating capacity of 300 persons is useful for conducting seminars, inaugural functions and all other functions by this Institute and given for other departments on request.

 

The Regional Labour Institute Hostel well furnished with rooms for are mostly occupied by the Diploma students, training participants and senior officers from Government Departments.

 

8.2.3            Diploma Course in Industrial Safety

 

The Diploma Course in Industrial Safety, a recognized Course by Directorate of Technical Education, Government of Tamilnadu, was conducted every year with a duration of 10 months.  Lectures supplemented by discussions, laboratory work, visit to industrial establishments, seminars, films.  On completion of the curriculum an examination is conducted by Board of Technical Examinations and successful candidates are awarded the Certificate.

 

The course is currently being conducted for the 22nd batch of students. So far, 729 students have undergone this course in 21 batches.

 

8.2.4       Activities

 

The institute undertakes training, research and consultancy activities in the field of Occupational Safety and Health. The details are given in Table-8.1.

 

TABLE - 8.1

 

ACTIVITIES OF REGIONAL LABOUR INSTITUTE

(2001 -2002)

 

S. No.

Activity

Achievements

No. of Organisations

No. of Participants

1.

Consultancy Studies / Surveys

4

4

-

2.

National Studies

6

-

-

3.

Diploma In Industrial Safety

1

32

35

4.

Seminar / Workshop

6

62

205

5.

Training Programmes

4

-

57

6.

In-plant training Programmes

6

4

139

7.

Appreciation Programme

85

52

1502

8.

Mobile Safety Exhibition

5

5

5000

9.

Papers Presented / published

3

3

-

10.

Talks Delivered

5

5

308

11.

Technical Advice

5

5

-

 

 

8.3      Office of the Chief Inspector of Factories

 

The Inspectorate of Factories is enforcing the Factories Act, 1948 and 13 other Labour enactments in the factories registered under the Factories Act.  By the enforcement of the important Labour legislations, the health, safety and welfare of the workers employed in registered factories are protected.

 

8.3.1            Organisational Set up

 

The administration and enforcement of various Acts by the Inspectorate is under the over all charge of the Chief Inspector of Factories.  The Chief Inspector of Factories is assisted by 1 Additional Chief Inspector of Factories, 4 Joint Chief Inspectors of Factories, 29 Deputy Chief Inspector of Factories, 50 Inspectors of Factories, 45 Assistant Inspectors of Factories, 1 Civil Surgeon, 8 Assistant Civil Surgeons, 1 Administrative Officer and 1 Accounts Officer.

 

There are 13 enforcement divisions which administer the Factories Act, 1948 and other allied Labour enactments in the factories registered under the Factories Act, 1948. Further there are 10 Testing and Safety Divisions.  Each division is headed by a Deputy Chief Inspector of Factories.  These testing and safety divisions are entrusted with the work of testing Pressure Plants.  They are also conducting Safety Training Programmes, Safety Surveys and Seminars in Factories and health surveys are also conducted along with the Assistant Civil Surgeons attached to these divisions.

 

There is a Major Accident Hazard Control Cell functioning in the Inspectorate of Factories to prevent Major Accident Hazard in Factories involving dangerous operations.  The Major Accident Hazard Control Cell is under the supervisory control of Additional Chief Inspector of Factories.

 

The Productivity Cell in the Inspectorate of Factories was created mainly to impart training on the various aspects of productivity to Industrial workers.  The Productivity cell is headed by Joint Chief Inspector of Factories.

 

The State Level High Power Tripartite Safety Committee and the State Level Task Force/Expert Committee are having important tasks and functions. The State Level High Power Tripartite Safety Committee has been formed with a Member Secretary in the cadre of Chief Inspector of Factories.

 

The details of factory inspectors appointed in the state are given in Table 8.2.

 

TABLE 8.2

 

MANPOWER OF INSPECTORATES   (AS ON 31 DECEMBER,2000)

 

S.

No.

Designation

Strength

 

No. of deployed in Inspection Duties

Sanctioned

Working

1.

Chief Inspector of Factories

1

1

-

2.

Addl.Chief Inspector of Factories

1

1

-

3.

Jt. Chief Inspector of  Factories

4

4

3

4.

Dy. Chief Inspector of Factories

29

29

13

5.

Regional/Sr.Inspector of Factories

-

-

-

6.

Inspector of Factories

51

51

37

7.

Assistant Inspector of Factories

45

30

30

8.

Specialist Inspector with designation (like Medical Inspector, Chemical Inspector, etc.)

-

-

-

9.

Total of Inspection Staff(Items 1 to 8)

131

116

81

10.

Certifying Surgeon:

a) Employed by the

     Inspectorate

 

b) Notified

 

9

 

-

 

9

 

-

 

-

 

-

11.

a) Industrial Hygiene Staff

    (Specify)

    (i) Chemist

   (ii) Laboratory Tech.     

  (iii) Laboratory Attendant 

 

b) Occupational Health  

     Center Staff (Specify) 

c) Any other Cell or Laboratory

    (Specify)                       

 

 

1

10

9

 

-

-

 

 

1

8

9

 

-

-

 

 

-

-

-

 

-

-

 

8.3.2        Activities

 

The various activities of the factory inspectorate are given the following paragraphs.

 

8.3.2.1                 Inspection Activities

 

The details of inspection activities carried out by the inspectorate for the year 2000 is given in Table-8.3.

 

TABLE-8.3

 

INSPECTION ACTIVITIES OF THE INSPECTORATE

(AS ON 31 DECEMBER,2000)

 

S.No

Activity

Number

1.

No. of Hazardous and Non-Hazardous Factories inspected

32905

2.

No. of Hazardous Factories inspected      

3,295

3.

No. of Special inspections

6189

4.

No. of Prohibition notice issued under Sec.40(2) or 87-A

11

5.

No. of Improvement notices issued under Sec.41(1)

-

6.

No. of Orders calling Test Reports, etc. under Section 39

10

7.

No. of Instances covered under Section 41-H

-

 

 

The details of prosecutions taken up and the convictions obtained by the department under Section 92 of the Factories Act, 1948 during the year 2000 are given in Table-8.4.

 

TABLE-8.4

 

PROSECUTIONS AND CONVICTIONS UNDER SECTION 92

(2000)

 

S. No.

Nature of Offence

No. of prosecutions

No. of convictions

Penality  imposed

Imprison-ment

Fine imposed

1.

Employment and hours of work

a) General

b) Women

c) Young persons

 

 

465

  13

108

 

 

257

 10

 73

 

 

--

--

--

 

 

614375

  10000

  88000

2.

Notices,

Registers

And Returns

 64

261

--

343150

3.

Safety

448

251

--

604430

4.

Hazardous

Process/Dangerous

Operations

  27

 11

--

131800

5.

Health and Welfare

109

77

--

293800

6.

Others

927

534

--

895800

 

 

8.3.2.2         Safety Promotional Activities

 

Major Accident Hazard Control Cell :

 

The Major Accident Hazard Control Cell formed in 1988 is functioning under the  Additional Chief Inspector of Factories and over all charge of the Chief Inspector of Factories. This cell gives necessary guidelines for the preparation of the Major Disaster Control measures and follow up actions are taken by the Inspectorate for the execution of the control measures in respect of Factories engaged in dangerous process.  The Cell has overall control of the Testing and Safety Division.

 

There are 100 Major Accident Hazards Units handling hazardous chemicals. The state has identified Manali, Neyveli, Cuddalore, Ranipet, Mettur and Thoothukudi where a cluster of  MAH Units are situated.  To have a proper disaster control in these areas, On-site Emergency Plans, detailing the control measures to be adopted by the units engaged in such hazardous industrial activity are received, scrutinized and recorded by the chief Inspector of Factories.  Implementation of control measures are also closely monitored through Mock drills.

 

To contain hazards to persons living around such MAH Units, Off-site Plans detailing the effective control over emergencies are received from these units.  These measures are discussed in District Emergency Committee headed by the Collector of respective District as the Chairman and the Deputy Chief Inspector of Factories as the Member.  They discuss and oversee the effectiveness of such disaster control measures.

 

Safety Training And Survey Cell

 

Under the Cell, there are ten (10) Testing and Safety Divisions each headed by one Deputy chief Inspector of Factories with supporting staff.  These divisions are to (1) Examine and Test Pressure Plants periodically as prescribed in the rules and issue certificates, (2) conduct safety training programmes to the workers, supervisors etc. at the Unit level.  The workers are particularly given training inputs to improve their skills and increase their safety awareness.  Managements are advised to improve their safety standards and reduce the accidents, (3) conduct safety surveys in accident prone factories to identify the potential hazards and suggest measures to remove those hazards.  The findings of the Safety Survey are communicated to the Managements for compliance.  During the year 2000, 256 Safety Training Programmes were conducted and 7,060 workers were benefited.  Also 20 Safety Surveys were conducted in 20 factories.

 

Training Centre At Sivakasi

 

The workers employed in Match and Fire Works Factories are handling many hazardous and explosive chemicals daily without knowing as to how they should be handled safely.  The training centre at Sivakasi headed by a Deputy Chief Inspector of Factories is a specialized training centre exclusively for the workers woking in Match and Fire Works. Hence the Deputy Chief Inspector of Factories (Training Centre), Sivakasi conducts, atleast ten Training Classes every month to educate the workers in Match and Fire Works Factories about the safe methods to be adopted in handling, processing, transporting, storing of the chemicals and safe method of working, etc., the Training Centre helps to reduce the accidents in match and fire workers.

 

During the year 2000, 118 training classes were conducted and 5,099 workers in Match and Fire Works Factories were benefited.

 

State Safety Awards

 

To enthuse the managements of the factories for a better safety performance, the Government of Tamil Nadu is presenting State Safety Awards to the Managements every year to enthuse safety awareness among industries.

 

For better comparison the factories are divided into three groups as follows :-

 

Group A : Factories which have worked for not less than 10 lakh man-

                  hours.

Group B : Factories which have worked between 5 and 10 lakh man-hours.

Group C : Factories which have worked between 2 and 5 lakh man-hours.

 

The following three Schemes are in operation :

 

Scheme- I       This award is given to the factory which shows highest reduction in Accident Frequency Rate when compared to the previous year.

Scheme- II      This award is given to the factory which has reported the lowest weighted frequency rate for the year.

Scheme- III     This award is given to the factory with the longest accident free period in man-hours during the award year.

 

 

Tamizhaga Arasin Uyarntha Uzhaipalar Virudhu

 

These Awards are meant to encourage the workers in safety activities.  These Awards are given to workmen who make suggestions for the improvement in Safety Standards, Working Environments and Increase in Productivity.  This Scheme which is applicable to workers in factories covered by Factories Act, is to recognize their ingenuity at State Level and to enthuse them towards greater effects in making their contribution in this direction. 

 

Group Personal Accident Insurance Scheme

 

A group personal accident insurance scheme has been formulated for the benefit of workers of Match and Fire Works Industry in Tamil Nadu.  The Scheme is designed to give relief against death, loss of limbs, loss of eye-sight, etc, of the insured persons due to accidents.  Accident Insurance is given to the insured persons on 24 hour basis and will not be confined to accidents arising out of or in the course of actual occupation alone.

 

The Scheme covers the workers in Match and Fire Works in the age group of 10 to 65 years.  In the year 2000, 83.059 Workers in Match and Fire Works Factories have been covered under this Scheme on a 24 hour basis for the coverage of Rs.50,000/-. Further, during the same year, 15 claims were settled and an amount of Rs.7,00,000/- has been paid to the claimants.

 

Squad  Inspections of Fire Works At Sivakasi

        

In order to avoid explosions in fire works, two Special Squads consisting of four teams were constituted.  Each team comprised of 3 Inspecting Officers.  The above four teams undertook Inspections of all the 523 Fire Works Industries in the months of September and October for ensuring the Safety provisions provided under the special schedule of the Tamil Nadu Factories Rules, 1950.  Due to the special efforts taken by the Inspectorate, further explosions and accidents were avoided in Fire Works at Sivakasi during the year.

 

8.3.2.3                 Health Promotion Activities

 

There are 8 Medical Officers and one Chief Medical Officer in the state involved in health promotional activities. These Medical officers are notified as Certifying Surgeon under the Tamil Nadu Factories Rules, 1950. 

 

Industrial Hygiene

 

Industrial Hygiene Laboratory with monitoring equipments has been set up at Chennai to monitor the Occupational Safety and Health Status of workers employed in factories. This is headed by a Doctor in the Cadre of Civil Surgeon. The Laboratory attached to the Industrial Hygiene Unit has facilities to assess air borne concentration of chemicals like ammonia, Chlorine, Sulphur-di-oxide, Hydrogen Sulphide and various Mineral dusts, etc.  Physical agent like noise in the work place is also measured.  The health team conducts Health Surveys in Occupational-diseases-prone industries, examines and identifies the occupational diseases, takes samples if necessary and analyses the same in the laboratory, advise the management accordingly for further follow up and also keeps records relevant to its activities.  12 Occupational Health Surveys were conducted during the year 2000 to assess occupational health status of workers.

        

8.3.3            State Level Productvity Cell

 

The Cell has been formed in 1985 and is headed by Joint Chief Inspector of Factories with supporting staff.  The Cell involves in the prime objective of spreading the Productivity concept and techniques to the working class and supervisory staff at the unit level.  They are educated and encouraged to produce more with the existing resources avoiding the spills and wastes, and human strains.  The Cell helps in formulating incentive schemes for higher productivity and consequent higher income.  The Cell is also conducting Productivity Training Programmes at Unit level in order to give special knowledge on productivity and connected techniques to the workers to improve their Productivity Skills.  It is also involved in conducting job-safety analysis, work simplification study and time study and motion study

 

8.3.4            Site Appraisal Committee

 

A Site Appraisal Committee has been constituted as per Section 41-A of the Factories Act, 1948 for the purpose of advising the Government to consider the applications for grant of permission for approval of the Site of factory involving Major Accident Hazardous Process.

        

The Site Appraisal Committee received 6 applications under Section 41 of the Factories Act.  The applications were scrutinized and submitted to Government for according permission to the Site.

 

8.3.5       State Level High Power Tripartite Safety Committee And The State Level Task Force/Expert Committee

        

The Government of Tamil Nadu constituted a Task Force Expert Committee under the Chairmanship of Dr.N.Santhappa, Ex-Vice Chancellor, Madras University during the year 1985 after the Bhopal disaster, to study and submit a report about the adequacy of safety measures taken by the hazardous chemical industries in Tamil Nadu to protect health and safety of the workers as well as the general public.  The Committee made several valuable recommendations to Government.

 

Accepting the recommendations of the Committee, the Government of Tamil Nadu has constituted two Committee for updating the information of occupational health hazards and implementation of safety provisions in chemical and other industries which are using hazardous chemicals and processes involving highly toxic substances. They are the State Level High Power Tripartite Safety Committee and the State level Task Force/Expert Committee.

 

8.4        Office of the Regional Labour Commissioner(Central)

 

The organization of the Chief Labour Commissioner (Central) or the Central Industrial Relations Machinery (CIRM) as it is often referred to, performs various functions which, inter-alia, include prevention and settlement of industrial disputes in industries, in respect of which the Central Government is the ‘appropriate Government’ under the Industrial Disputes Act, 1947; implementation of the settlements and tribunal awards in the Central Sphere as also the recommendations of the Central Wage Board, administration of various labour laws to the extent which their administration is a Central responsibility, verification of membership of unions affiliated to Central Trade Union Organization of Workers and those operating in the nationalized banks and the State Bank of India and its seven associated banks, Ports and Docks and under Code of Discipline for the purpose of according representations in conferences/ committees/ ILO and of unions to determine the representative character for recognition under Code of Discipline of the Union.  It also undertakes investigation into breaches of Code of Discipline.

 

The Chief Labour Commissioner (Central) is also responsible for the enforcement of labour laws, such as the Payment of Wages Act 1936, the Child Labour (Prohibition and Regulation) Act, 1986, the Industrial Employment (Standing Orders) Act, 1946; the Industrial Disputes Act, 1947, the Minimum Wages Act, 1948; the Dock Workers (Regulation of Employment) Act, 1948; the Maternity Benefit Act 1961 in the Circus Industry; Hours of Employment Regulation framed under the Railways Act, 1890; the Payment of Bonus Act, 1965; the Contract Labour (Regulation and Abolition) Act, 1970; the Payment of Gratuity Act, 1972; the Equal Remuneration Act 1976 and the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 in their application to establishments falling in the Central Sphere. Besides, the C.L.C. © is also the implementing authority for Fair Wage Clause and MES Contract Labour Regulations.

 

The Regional Labour Commissioner (Central) is the head of the Regioal Industrial Relations Machinery.  The regional commissioner for the southern region is located at Chennai.

 

8.5    Office of the Regional Labour Commissioner (State)

 

The Labour and Employment Department is administering matters relating to Industrial relations, Safety of workers, Labour Welfare, Employment Exchanges and Technical training. There are three Heads of Department. The Commissioner of Labour looks after Industrial Relations and Labour Welfare. The Chief Inspector of Factories deals with safety in Factories. The Commissioner of Employment and Training heads two wings. The Employment Wing deals with Employment Services through a network of Employment Exchanges. The Training Wing deals with technical training through a number of Industrial Training Institutes and similar institutions. Social Security is provided in a large measure, by two Central Organisations viz., The Employees Provident Fund Organisation and the Employees State Insurance Corporation. The State Labour Welfare Board provides welfare services to workers in the organised sector.

 

The Construction Workers Board, Manual Workers Board and other Boards provide Welfare services to workers in the unorganised sector. The Tamil Nadu Institute of Labour Studies  conducts courses in Labour Management and also special courses for managements, workers and officials on labour laws. The Overseas Manpower Corporation helps find placements for workers willing to work overseas. Abolition of Child Labour is an important goal of the State Government. All these aspects are dealt with in the subsequent chapters.

 

Since independence, in addition to the Industrial Disputes Act, a number of other laws have been enacted by Parliament and the State Legislature to protect rights of workers and provide for their welfare. Many of the laws are being enforced by the Labour Department. They are listed below:-

 

Industrial Relations

 

§         The Tamilnadu Shops And Establishments Act, 1947

§         The Tamil Nadu Catering Establishments Act, 1958

§         The Tamil Nadu Industrial Establishments (National And Festival Holidays) Act, 1958

§         The Trade Unions Act, 1926

§         The Payment Of Wages Act, 1936

§         The Industrial Employment (Standing Orders) Act, 1946

§         The Plantations Labour Act, 1951

§         The Working Journalists And Other Newspaper Employees (Conditions Of Service And Miscellaneous Provisions) Act, 1955

§         The Motor Transport Workers Act, 1961

§              Beedi And Cigar Workers (Conditions Of Employment) Act, 1966

§         Integrated Beedi Workers Housing Scheme In Tamil Nadu

§         Contract Labour (Regulation And Abolition) Act, 1970

§         The Tamil Nadu Industrial Establishment (Conferment Of Permanent Status To Workmen) Act, 1981

§         The Standards Of Weights And Measures (Enforcement) Act, 1985

 

Social Security

 

·        The Workmen’s Compensation Act, 1923

§         The Maternity Benefit Act, 1961

§         The Payment Of Bonus Act, 1965

§         The Payment Of Gratuity Act, 1972

§         The Equal Remuneration Act, 1976

§         The Tamil Nadu Payment Of Subsistence Allowance Act, 1981

 

8.6    The Tamil Nadu Institute Of Labour Studies

 

This Institute conducts Training Programmes, Seminars, Refresher Courses, Orientation Programmes, etc., periodically to suit the needs of supervisory and managerial personnel of private and public sector industries. Trade Unionists and officials of Labour and Factories Departments. This Institute also offers a Part-Time one-year course called “Post Graduate Diploma in Labour Administration” (P.G.D.L.A) and two full time academic courses viz. “B.L.M” and “M.L.M.” Both these courses are affiliated to the University of Madras. The University of Madras has also recognised this Institute as a Research Institute to conduct both part-time and full time Ph.D. programmes from the year 2001-2002 onwards. During the year 2002-2003, three Part-time and six Full-time candidates have been admitted in the Ph.D. Programme. This year, 47 students in B.L.M., 31 students in M.L.M. and 43 students in P.G.D.L.A. have been admitted, through a common entrance test conducted by this Institute.

 

During the year 2002, 31 seminars / training programmes were conducted for the workers, managerial persons and traders in Tamilnadu and nearly 1930 participants benefited through these training programmes. The number of candidates who have successfully completed the above academic course during the year is given below:-

 

B.L.M.- 47,  M.L.M.- 31,  P.G.D.L.A.- 36,  TOTAL = 114.

 

8.7    Employees’ Provident Fund Organisation

 

The Employees Provident Fund Organisation is vested with the responsibility of administering the three Social Security Schemes under the Employees Provident Fund and Miscellaneous Provisions Act,1952 viz.

 

i)   Employees Provident Funds Scheme, 1952

ii)  Employees Deposit Linked Insurance Scheme, 1976

iii) Employees Pension Scheme, 1995.

 

The primary objective of these three schemes is to provide social security and to inculcate amongst the workers a spirit of savings while they are gainfully employed and to make provision for their benefit after they retire from service and their family members if they die in harness. Tamil Nadu Regional Office in Chennai serves the members in the State of Tamil Nadu and the Union Territory of Pondicherry. It is headed by a Regional Provident Fund Commissioner (Grade-I).

 

8.8    Employees State Insurance Scheme

 

Employees State Insurance Scheme of India is an integrated Social Security Scheme tailored to provide protection to workers in the organised sector and their dependents in contingencies such as sickness, maternity, death and disablement due to an employment injury or occupational disease as detailed below:-

 

Medical Benefit

 

Medical facilities for self and dependents are admissible from day one of entering insurable employment. Primary, Specialist and Super Specialty services are provided through a network of ESI Dispensaries and ESI Hospitals.

 

Sickness Benefit

 

Sickness Benefit is payable to an Insured Person in cash in the event of sickness resulting in absence from work and duly certified by an authorised Insurance Medical Officer

 

Maternity Benefit

 

Maternity Benefit is payable to Insured Women in case of confinement or miscarriage or sickness related to Maternity (Maximum 85 Days).

 

Disablement Benefit

 

Disablement Benefit is payable to Insured Employees suffering from physical disablement due to employment injury or occupational disease. In addition, the Insured person is eligible for coverage under Workmen’ s Compensation Act.

 

Dependent’s Benefit

 

Dependent’ s Benefit is payable to dependent of a deceased Insured Person where death occurs due to Employment injury or occupational disease.

 

Extended Sickness Benefit

 

Extended sickness Benefit is payable to Insured Person for the period of certified sickness in case of specified 34 long term diseases that need prolonged treatment and absence from work on Medical advice.

 

Enhanced Sickness Benefit

 

Enhanced Sickness Benefit is payable to Insured  Persons in the productive age group for undergoing Sterilization operation - Vasectomy/ Tubectomy.

 

Temporary Disablement Benefit

 

Temporary Disablement Benefit at 70% of wages is payable till temporary disablement lasts and is duly certified by authorized Insurance Medical Officer.

 

Permanent Disablement Benefit

 

Permanent Disablement Benefit is payable for life.

 

Funeral Benefit

 

Funeral Benefit on death of an Insured Person is payable to a maximum of Rs. 2,500/-.

 

Others Benefits

 

Free supply of physical aids such as Crutches, Wheel Chairs, Dentures, Spectacles and such physical aids are offered by this scheme.

 

Preventive Health Care Services such as Immunization, Family Welfare Services, HIV/AIDS Detection Treatment etc. are available.

 

Medical Bonus at Rs. 250/- is paid to an Insured Woman or the wife of an Insured Person, in case she does not avail hospital facilities of the scheme for child delivery.

 

The Scheme is implemented in this State in accordance with the provisions of the ESI Act, 1948. Towards this objective, the scheme of health insurance provides full medical facilities to insured persons and their dependents, as well as, cash benefits to compensate for any loss of  wages or earning capacity in times of physical distress. The scheme is administered by a duly constituted corporate body called the Employees State Insurance Corporation as provided under the ESI Act,1948.

 

In Tamil Nadu, Medical facilities are provided through a network of 180 ESI Dispensaries, 9 ESI Hospitals, 5 Mobile Dispensaries and 2 Utilisation Dispensaries. In all 2,363 beds are  available.

 

ESI Hospital, K.K. Nagar (Occupational Research Centre)

 

ESI Hospital, K.K. Nagar is run by ESI corporation, New Delhi. The Occupational Research Centre for South is established in this hospital. The Bed Strength of this hospital is 330. Employees covered under the scheme are entitled to medical benefits for self and their family members. They are also entitled to cash benefits in the event of specified contingencies; resulting in loss of wages or earning capacity. The insured women are entitled to maternity benefit for confinement. In the event of death of an insured employee due to employment injury or occupational disease, the dependents are entitled to family pension. During the year 2002-2003, 11 new ESI Dispensaries were opened.

 

The details of  the dispensaries region-wise is given in Table-8.5.

 

TABLE-8.5

 

REGION WISE BREAK UP OF ESI DISPENSARIES

 

S. No.

Name of the Regional Dispensary

Static Dispensary

Mobile Dispensary

Utilisation Dispensary

Total    Dispensaries

1

Chennai

39

-

-

39

 

2.

Madurai

54

1

-

55

 

3.

Coimbatore

37

2

-

39

 

4.

Salem

50

2

2

54

 

Total

180

5

2

187

 

 

 

8.9       Labour Bureau

 

The Labour Bureau is responsible for (a) Collection, Compilation and dissemination of various facets of Labour Statistics on all India basis; (b) Construction and Maintenance of Working Class Consumer Price Index Numbers for selected centers and the all-India Consumer Price Index Numbers for Industrial Workers; (c) Construction of Consumer Price Index Numbers for Agricultural Workers; (d) Construction of Consumer Price Index Numbers for Rural Labour, (e) Maintenance of up-to-date data relating to working conditions of Industrial Workers collected earlier by the Labour Investigation Committee; (f) Undertaking research into specific problems with a view to supplying data required for the formulation of labour policy (g) bringing out reports, pamphlets and brochures on various aspects of labour by conducting country-wise field studies and enquiries to ascertain the working and living conditions of  various classes of labour such as, unorganized labour, scheduled castes and scheduled tribes labour, women workers; contract labour, and child labour, etc. and (h) publication of the ‘Indian Labour Journal’(Monthly); the ‘Indian Labour Statistics’ (Annual); the ‘Indian Labour Year Book’ (Annual) and the ‘Pocket Book of Labour Statistics’(Annual).

 

It also brings out reports on the Working of the Factories Act, 1948; the Minimum Wages Act 1948 which are compiled and published (both annual), ‘The Trade Unions Act, 1926 (biennial) annual reviews on Industrial Disputes, Closures, Lay-off and Retrenchment; the working of the Workmen’s Compensation Act, 1923; the Maternity Benefit Act, 1961; the Industrial Employment (Standing Orders) Act 1946; the Motor Transport Workers Act, 1961; the Shops and Commercial Establishments Act; the Payment of Wages Act, 1936 and the Plantations Labour Act, 1951 .  Employment in factories under the Factories Act, 1948, industrial disputes, monthly statistics of absenteeism, etc., are also published in the Indian Labour Journal.  The Bureau also issues, from time to time special publications on matters of labour interest and compiles and publishes the all-India list of Factories.

 

8.10  Tamil Nadu Pollution Control Board:

 

Tamilnadu Pollution Control Board (TNPCB), established in 1982, enforces the following pollution control laws and rules relating to environmental protection in the state.

 

§         The Water (Prevention and Control of Pollution) Act, 1974 as amended in 1978 and 1988.

§         The Water (Prevention and Control of Pollution) Cess Act, 1977 as amended  in 1991.

§         The Air (Prevention and Control of Pollution) Act, 1981 as amended in 1987.

§         The Environment (Protection) Act, 1986.

§         The Environment (Protection) Rules, 1986

§         The Hazardous Wastes (Management and Handling) Rules, 1989 as amended in 2000.

§         The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 as amended in 2000.

§         The Bio-Medical Wastes (Management and Handling) Rules, 1998 as amended in 2000.

§         The Recycled Plastic Manufacture and Usage Rules, 1999.

§         The Municipal Solid Wastes (Management and Handling) Rules, 2000.

§         Noise Pollution (Regulation and Control) Rules, 2000.

§         The Batteries (Management and Handling) Rules, 2001.

 

TNPCB functions with its head office at Chennai. There are 25 district offices at Chennai, Coimbatore, Vellore, Madurai, Tiruchirapalli, Ambattur, Tambaram, Hosur,Vaniyambadi, Cuddalore, Thanjavur, Karur, Salem, Namakkal, Erode, Tiruppur, Dindigul, Thirunelveli, Virudhunagar, Thoothukudi, Uthagamandalam, Nagercoil, Pudukkottai, Villupuram and Nagapattinam.

 

TNPCB has established 3 Advanced Environmental Laboratories at Chennai, Salem and Madurai, 10 District Environmental Laboratories at Ambattur, Vellore, Cuddalore, Tiruchirapalli, Dindigul, Thirunelveli, Coimbatore, Tiruppur, Hosur and Manali and one Mobile Environmental Laboratory at Thoothukudi.

 

TNPCB, interacts with other concerned departments/ institutions to take a coordinated action for the protection of environment. TNPCB extends effective assistance to local bodies in urban solid waste management, by providing training and technical assistance.

 

8.11 Department of Environment

 

The Department of Environment was created in G.O.Ms.No.335, Environment and Forests Department dated 13.10.95 as the nodal Department for dealing with Environmental Management of the State. The Department is entrusted with the implementation of major projects like pollution abatement in the river Cauvery, Vaigai and Tamiraparani; Pollution abatement in Chennai City waterways; National Lake Conservation Programme and all aspects of Environment other than those dealt with by Tamil Nadu Pollution Control Board. Recycling of solid and liquid wastes, bio-composting, rainwater harvesting, tree planting, etc., are important in achieving environmental conservation. Environmental conservation requires attitudinal change and generation of awareness among the people. This is best done by infusing these ideals in the young minds of school children.

                    

8.12    Department of Industries

 

The Government of Tamil Nadu has set itself an ambitious target of 8% growth in the state economy for the 10 th Plan period and the secondary sector has an important role to play in this regard. It is imperative for industrial development to provide for employment for its energetic work force and its highly skilled and educated population and to provide a strong base for the services sector to develop. The flourishing of the manufacturing sector is crucial to promote direct opportunities of employment and to diversify the primary sector which is burdened by a huge dependency of 62% of the population. The Industrial Policy of Tamil Nadu is accordingly redefined to meet the challenges of globalisation and the demands of the new areas of development. Tamil Nadu has great strength in its traditional industries of pharmaceuticals, leather, machine tools, automobile manufacturing and auto component industry, power, pumps and light  engineering.

 

8.13    Department Of Explosives

 

The Department of Explosive is a department attached to the Ministry of Industrial Development, Government of India.  The department with its head office at Nagpur has 5 Regional offices known as Circle Offices.  Apart from regional offices there are a number of factory specific offices also. The Chief Controller of Explosives is the head of the department. The Regional Office of the department is located at Chennai.

 

The Department of Explosive is entrusted with the administration of the Explosive Act, 1884, Petroleum Act, 1934 and Inflammable Substances Act, 1952 and the rules framed thereunder.  Beside these activities it has additional responsibilities pertaining to grant of licenses in respect of the transportation of hazardous chemicals under Petroleum Rules, 1976. 

 

8.14 Central Board of Workers Education

        

Regional Directorate, Central Board for Workers Education, Chennai, is a tripartite society and was established in 1958 by Ministry of Labour, Government of India to undertake workers education activities.  The headquarter of the  Board is located at Nagpur, Maharashtra.

 

The main objectives of the Board are to conduct training programmes on topics which help to improve the quality of work life and to develop a  positive  attitude among all sections of employees.

 

The Regional Directorate is carrying out its activities through professional and education officers and is equipped with Library and training room facilities.  Monographs, periodicals etc. on Occupational Safety & Health are being published by the Regional Directorate.

 

8.15 National Safety Council of India, Tamilnadu Chapter

 

The National Safety Council was set up on 4 March 1966 as a  non-profit making,  non-political voluntary organization.  The main objective of the Council is to generate, develop and sustain a voluntary movement at the national level to promote awareness of safety,  health and environment, so as to supplement and strengthen  the government  efforts in the field.  The Management of the Council is vested in a tripartriate Board  of Governors which has 51 Members .  The Chairman is appointed by the Govt. of India in consultation with Board.  The Director General is Chief Executive and Secretary to the Board.

        

The activities of the Council include Conferences, Seminars, Training Programme, Risk Analysis, Safety Audit for Hazardous Industries, Technical  Advice, Film Library,  National Safety Calendar, National Safety Day Campaign, National Safety Publication of periodicals, Technical Literature and Liaison with Internal Safety Organisations.

 

8.16 Loss Prevention Association of India Ltd., Chennai

 

Loss Prevention Association of India Ltd., Chennai with its headquarters at Mumbai is a non-profit and Non-Government organization.  The Association was established in 1978 with an aim to promote safety and loss control through education training and consultancy.  The main broad objectives of the association are :

 

§         To publicize cause and magnitude of losses and create an awareness of the need for loss prevention.

§         To provide education, training, consultancy and advisory services.

§         To build and maintain a data bank on loss prevention.

 

The Association works in the areas of Chemical Safety, Fire protection, Training & education, Work place inspection & Fire investigation. The Association regularly brings out publications on various aspect of safety covering fire prevention, material handling and road safety. 

 

8.17             Safety Engineers’ Association (India), Chennai

 

The Safety Engineers’ Association (India) was established in June 2001 as a  registered Society under the Society’s Act 1975.   The administration of the Society lies with an Executive Committee comprising 9 Members.  The principle objectives of the Association  include:

 

§         To serve as a vital link between safety engineers at national level

§         To share knowledge and experience to protect lives, property and environment

§         To interact with the other organizations for overall improvement of safety, health and environment

§         To provide advice/guidance/help to industries and safety professionals on safety health and related matters

§         To assist statutory bodies to enact safety Regulations, Standards, requirements, etc.

 

8.18             Confederation of Indian Industry

 

Confederation of Indian Industry, Southern region  was set up by the Confederation of Indian Industry to advice the industries on various industry related issues.  The association has State level Council with various sectoral panels.

 

The main aim of Confederation of Indian Industry is to advice the industry on all key relevant issues including occupational safety and health.  The association is competent in the areas of technical guidance and training & education.  The association has in-house faculty for conducting training programmes and workshop. The contact person is the Director.

 

 8.19            National Productivity Council, Chennai:

 

The National Productivity Council of India is an autonomous, multi-partite Organisation established as a registered society in 1958.   It has been catalyzing productivity movement and providing productivity improvement services in all spheres of economic activity.

 

The aims of the council are to increase productivity by adopting productivity technique and by preventing occupational accident and diseases by providing Industrial Engineering Services such as work study, method study, job evaluation etc., and by training programmes and workshops.  The council is competent with chemical safety, machine safety, fire protection, workplace inspection and training & education.  In relation to occupational safety and health activities the council provide technical guidance and training & education.   These activities are carried out by the professional and technical consultants supported by the administrative staff.

 

The council is equipped with the library having well collection of reference publications in the field of industrial safety & health and reading room, training room and a conference hall.  The council has also produced a number of materials on the above field.  The organisation is headed by a Director.

                                                                                                   

8.20 Madras Management Association:

 

The Madras Management Association is affiliated to the All India Management Association, New Delhi. The objectives of the association are management development  and training & education in the areas related to industrial relations, safety, health, environment, etc. The association address the economic sectors of manufacturing, transport, construction, electricity, gas & water, financing, insurance, real estate and business services, social and personal services.  The association is competent with the training & education and information.  It has library facilities and publish a quarterly journal.  The contact person is the Executive Director.