ON OCCUPATIONAL SAFETY AND HEALTH

1 REPORT OF THE WORKING GROUP ON OCCUPATIONAL SAFETY AND HEALTH FOR THE TWELFTH FIVE YEAR PLAN (2012 TO 2017) GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT AUGUST 2011 ACKNOWLEDGEMENT A Working Group under the chairmanship of Shri P. C Chaturvedi, Secretary, Ministry of Labour and Employment, Government of India, was constituted by Planning Commission to prepare the 12th Five Year Plan on OCCUPATIONAL SAFETY and HEALTH at the workplace. To work on the terms of reference assigned for preparing the 12th Five Year Plan report, in respect of three major sectors of economic activity namely mining sector, factories & docks and unorganized sector.

2 In accordance with the specific provisions for ensuring OSH for working population in the Constitution of India, several legislations have been framed dealing with the safely, HEALTH and welfare of the workers employed in the organised sector. The Working Group report has made incisive observations regarding the present OSH scenario and offered insightful recommendations for legislative measures and other pragmatic interventions to make sustainable changes and to make significant difference in OSH status in the country by the end of 2017. The report is a document of action-focussed legislative and pragmatic interventions to transform the existing state of OSH in the country both in the formal and informal sectors of economic activity through proactive approaches and implementation of the National Policy on SAFETY , HEALTH and Environment at Workplace by all stake holders I on behalf of the Working Group express my deep sense of gratitude to Shri P.

3 C. Chaturvedi, Secretary and Shri Ravi Mathur, Additional Secretary, Ministry of Labour and Employment for their perceptive observations, continuous support and encouragement in the process of completion of the report. I would like to convey my thanks to Shri. Satish Puri, DG, DGMS; Dr. Rajaram DDG and HOD, DGFASLI; representatives of the Employers and Employees, members of the Working Group on OSH for the 12th Five Year Plan who shared their experience and expertise from varied disciplines of OCCUPATIONAL SAFETY and HEALTH . I gratefully acknowledge the invaluable help and cooperation extended by Ms Vandana Sharma, Director, Ministry of Labour & Employment, ISH Section, Shri Singh Director (HQ) DGMS, Shri S.

4 B. Mathur DDG, DGFASLI and Shri H. Vishvanathan, Director ( SAFETY ) DGFASLI, Mumbai. A. C. PANDEY, Joint Secretary, Ministry of Labour and Employment and Convenor CONTENTS CHAPTER NO. TITLE PAGE NO. CHAPTER 1 INTRODUCTION Composition of the Working Group Terms of reference of the Working Group 1 - 7 CHAPTER 2 EXECUTIVE SUMMARY Salient Recommendations:- Mining Sector 8 - 12 Manufacturing & Port Sectors Unorganized Sector CHAPTER 3 REPORT OF OSH MINING SECTOR 13 - 76 Mineral Industry in India Constraints In The Existing System OCCUPATIONAL SAFETY and HEALTH in Mines Overview Existing Set Up Of OCCUPATIONAL SAFETY And HEALTH In Mines Challenges And Constraints Suggestions For Improvement In OCCUPATIONAL HEALTH And SAFETY Strategies For Action Capacity Building in DGMS Priority Areas Other Measures Plan Schemes During 11th Five Year Plan (2007-2012)

5 Proposed Plan Schemes in DGMS During 12th Five Year Plan (2012-17) CHAPTER 4 REPORT OF OSH MANUFACTURING & PORT SECTOR 77 - 128 Existing Set-Up of OCCUPATIONAL SAFETY and HEALTH in the Workplace Suggestions For Improvement Constraints in the existing set up Suggestions to Improve the Existing Set Up of OSH in the Workplace Infrastructure-Related Suggestions Annexure CHAPTER 5 REPORT OF OSH UNORGANISED SECTOR 129 - 137 Existing Scenario Of OCCUPATIONAL SAFETY And HEALTH In Various Segments Of Unorganized Sector Status Of OCCUPATIONAL HEALTH And SAFETY In Unorganized Sector Regulating Agencies For Unorganized Sector Recommendations CHAPTER 1

6 INTRODUCTION 1 CHAPTER ONE INTRODUCTION The constitution of India enshrines detailed provisions for the rights of the citizens and other persons and for the principles in the governance of the country labeled as Directive Principles of State Policy . These Directive Principles provide for securing the HEALTH and strength of employees, men and women, that the tender age of children are not abused, that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength (Article 39), just and humane conditions of work and maternity relief are provided (Article 42)

7 , 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 organizations engaged in any industry (Article 43A), for ensuring that no child below the age of 14 is employed to work in any factory or mine or engaged in any other hazardous employment (Article 24). On the basis of these Directive Principles and international instruments, the Government of India declares its policy, priorities, strategies and purposes through the exercise of its power.

8 The Government is committed to regulate all economic activities within the country with a view to ensuring that every working employee is provided with safe and healthful working conditions. Accordingly, Govt. of India enacted the statutes relating to OCCUPATIONAL SAFETY & HEALTH (OSH) at workplaces namely The Mines Act, 1952 and Rules and Regulations framed thereunder; The Factories Act, 1948 and Rules framed thereunder; Dock Workers ( SAFETY , HEALTH and Welfare) Act, 1986 and Regulations and Rules framed thereunder; The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and Rules framed thereunder; The Dangerous Machines (Regulation) Act, 1983 and Rules framed thereunder; The Insecticides Act, 1968 and Rules framed thereunder.

9 The Shops and Establishments Act of State Governments; The Beedi and Cigar Workers (Conditions of Employment) Act, 1966; The Municipal Solid Waste (Management and Handling) Rules, 2000 notified under the Environment (Protection) Act, 1986; The Manufacture, Storage & Import of Hazardous Chemicals Rules, 1989; The Electricity Act, 2003 etc. These are some of the important statutes covering OSH aspects of workers. At present, comprehensive SAFETY and HEALTH statutes for regulating OSH at work places exist only in respect of the four sectors namely, mining, factories, ports, and construction. Under the Constitution of India, Labour is a subject in the concurrent list where both the Central and the State Governments are competent to enact legislation subject to certain matters being reserved for the Central Government.

10 OCCUPATIONAL SAFETY and HEALTH is one of the subjects allotted to Ministry of Labour & Employment under the Government of India Allocation of Business Rules. The Ministry of Labour & Employment, Govt. of India & Labour Departments of the States and Union Territories are responsible for the SAFETY & HEALTH of the workers. Directorate General of Factory Advice Service & Labour Institutes (DGFASLI) and Directorate General 2 of Mines SAFETY (DGMS) assist the Ministry in the technical aspects of OCCUPATIONAL SAFETY & HEALTH in factories & port sectors and mines respectively. DGFASLI is an attached office of the Ministry of Labour & Employment, Government of India and serves as a technical arm to assist the Ministry in formulation of national policies on OSH in factories and ports.