Occupational Safety and Health

Transcription

1 Occupational Safety and Health Road to a safer environment at work Introduction Health and safety are two of the most important aspects affecting the overall efficiency of working population. A robust system for health and safety in the workplace ensures greater productivity and better quality of work life. A safe, clean environment with healthy working conditions aids economic growth and social justice and is recognized as a fundamental human right by the Universal Declaration of Human Rights of the United Nations 1. To this effect, the Ministry of Labour and Employment notified the National Policy of Safety, Health and Environment at Workplace in February India has also ratified 5 International Labour Organization (ILO) conventions on occupational safety and health (OSH) 2. However, India lacks a comprehensive legislative and regulatory framework encompassing all sectors and industries to maintain safety and health standards at the work place. Why is OSH important? The Directive Principles of State Policy vide Articles 39 (e) and 42 of the Constitution enumerate provision of humane and safe occupational conditions for workers to inform state actions. The Government has enacted multiple statutes pertaining to Occupational Safety and Health at the workplace, viz. The Mines Act (1952), The Factories Act (1948), The Dock Workers (Safety, Health and Welfare) Act (1986), Building and Other Construction Workers Act (1996) among others. However, there is an absence of a comprehensive and overarching regulatory framework spanning across all sectors to ensure safety and health of the workers, as the existing statutes only cover mining, factories under the Factories Act, ports and construction. Particular attention needs to be paid to the unorganized sector, which employs 84.2% of the total labour force 3 in India. The sector has inadequate provisions for safety nets and does not come under the ambit of any existing legislations. Moreover, the implementation of the existing OSH mechanisms remains patchy due to multiple statutory controls, apathy of stakeholders and shortage of trained OSH professionals. Further, changing job patterns, increased mobility of workforce and migration have increased the pool of vulnerable groups of employees. Increased use of chemicals, physical exposure to various biological and chemical agents, stress at work in modern day jobs etc. pose serious safety, health and environmental risks. An industrial worker can be exposed to five types of hazards across different occupations; namely, physical hazards, chemical hazards, biological and mechanical hazards and psychological hazards. Under such conditions, it is essential to channel attention towards the safety and welfare of employees, enhancing overall productivity and health of the working population. 1 Universal Declaration of Human Rights on 2 C045 Underground Work (Women) Convention, 1935 (No. 45), C115 Radiation Protection Convention, 1960 (No. 115), C127 Maximum Weight Convention, 1971 (No. 136), C136 Benzene Convention, 1971 (No. 136) and C174 Prevention of Major Industrial Accidents Convention, 1993 (No. 174) have been ratified by India under OSH 3 Report on Organized and Unorganized Employment in the Non-Agriculture Sectors in the 2000s by Institute of Applied Manpower Research (AIMR)

2 2 Case Study: OSH for Jute Mill Workers in Barrackpore, West Bengal The jute industry is a major contributor to the economy of West Bengal. Jute mill workers, however, suffer from acute forms of respiratory ailments like Byssinosis and Chronic Obstructive Pulmonary Disease (COPD) as a result of continuous exposure to jute dust. The Swaniti team adopted a 4-pronged approach to curb the incidences of these diseases in Barrackpore. Health awareness camps were organized to spread awareness of potential risks among workers in order to improve implementation of safety provisions. Existing health insurance models were analyzed and the possibility of incentivizing preventive care was explored. Jute workers and other associated bodies were mobilized to create awareness about OSH. Reliance on Self Help Groups was encouraged to produce safety equipments such as masks. Swaniti successfully organized health camps in 5 jute mills, covering approximately 1750 mill workers with support from the National Jute Board. Overview of the Existing Situation Laws and Legislations Occupational Safety and Health has been allotted to the Ministry of Labour and Employment under the Government of India Allocation of Business Rules. The Ministry receives technical support on OSH matters from the Directorate General of Factory Advice Service and Labour Institutes (DGFASLI) for factories and ports while Directorate General of Mines Safety (DGMS) for mines. DGFASLI is an attached office of the Ministry of Labour and Employment and provides technical assistance to the Ministry in national policy formulation on OSH in factories and ports. It is responsible for coordination and implementation of actions under the Factories Act (1948) and also oversees administration of Dock Workers (Safety, Health and Welfare) Act (1986). Additionally, DGFASLI carries out research and consultations relating to OSH and provides trainings to enforcement authorities under the Factories Act. DGMS, on the other hand, is a subordinate office of the Ministry of Labour and Employment. It is responsible for reducing occupational risks in the mining industry. DGMS drafts legislations, holds promotional events, conducts inspections of mines and investigations of fatal accidents, grants statutory permissions for mining operations etc. The Factories Act empowers state governments to appoint inspectors, Chief inspectors etc. Every district magistrate is an inspector of that district. However, no suo moto inspections are conducted under the Act. They are only carried out on the basis of referrals and complaints. International Labour Organization (ILO) has framed 13 conventions on OSH, out of which, India has so far ratified five. The National Policy on Safety, Health and Environment at Workplace was notified in 2009 with the objective of reducing work related injuries; improving data collection to facilitate monitoring, enhancing community awareness on OSH and creating green jobs contributing to sustainable enterprise development. The Bureau of Indian Standards also constituted a committee to formulate the National Standard on Occupational Health and Safety Management System (BIS ). The standard encourages organizations to develop a practical approach to management of safety and health by providing requirements and guidelines for use. The OSH management systems may also be integrated with the management of other aspects of business performance to minimize risks to employees, improve productivity and establish a responsible image at the marketplace. The adoption of the standard is voluntary and is applicable to any organization that wishes to implement it. Despite the aforementioned steps by the Government, comprehensive safety and health statutes are limited only to the mining, factories, docks and construction sector. There is a strong need for an umbrella legislation covering safety and health in all sectors of the economy.

3 3 Factories Act, 1948 employees in factories Enforced by the State Governments through factory inspectors. Mines Act, 1952 employees in coal, metal and oil mines Prescribes responsibilites of the owner to manage mining operations, health and safety. Also lists number of working hours, minimum wage rates etc. Dock Workers (Safety, Health and Welfare) Act, 1986 employees in ports and docks Emphasis on reducing accident rates on ports and docks. OSH Statistics In India only 15.8% of the work force is employed in the organized sector. Out of the factories registered under The Factories Act, over 23,000 factories 4 have been classified as hazardous, employing more than 19.7 lakh people till DGFASLI, through correspondence with the Factory Inspectors registered a total of 6,632 injuries 5 in factories in 2014, of which 5,699 were non-fatal and 933 were fatal injuries. According to Labour Bureau records, highest number of reported injuries stated the cause as persons falling, indicating the deficiency of a safe occupational environment in these factories. The aforementioned numbers recorded across India hint towards severe underreporting of data relating to occupational safety and health, for example India reported 933 work place fatalities, while United States of America, which has only 32.5% of India s total labour force, reported 4,679 occupational deaths in Moreover, this data only depicts the situation prevailing in registered factories, automatically ignoring the large labour force employed in the unorganized sector. 4 Lok Sabha Unstarred Question No. 3674, answered on 21 December Lok Sabha Unstarred Question No. 3674, answered on 21 December Census of Fatal Occupational Injuries 2014 by Bureau of Labor Statistics, United States of America

4 4 Occupational Deaths in USA and India Workplace Fatalities Reported Total Labour Force (Lakhs) 0 U.S.A. India International Comparison A large proportion of accidents that occur at a workplace can be avoided. Most of the countries in the world such as United States of America, South Africa, Australia etc. have enacted legislation on OSH with a general applicability to all sectors. The Unites States of America passed the Occupational Safety and Health Act in 1970, in order to avoid occupational harm to its workers. The Act mandates employers to provide a safe workplace to its employees. Under this law, the Occupational Safety and Health Administration (OSHA) was created to set and enforce occupational safety standards. It also supports employers and employees with training, information and other assistance. OSHA falls under the United States Department of Labour and is administered by the Assistant Secretary of Labour for Occupational Health and Safety. It covers most of the private sector employers across USA in addition to a few public sector employers in states under federal authority. The OSH act however, does not cover self employed workers and hazards covered by other federal agencies such as Mines Safety, Coast Guard etc. OSHA lays out its standards as a set of rules that employers need to legally abide by to protect their employees from hazards. Trained compliance officers conduct frequent inspections and provide compliance assistance, free consultations etc. to employers. Way Forward for India Currently, India s occupational safety needs can be classified under four broad heads, namely, legislation, awareness, responsible public procurement and infrastructure development. The following possible solutions can be leveraged in order to ensure a safe and healthy environment at the workplace Legislation India has a National Policy on Safety, Health and Environment at Work Places, which provides general guidelines for stakeholders to ensure safety at work. However, India needs a holistic OSH legislation, in line with the national policy, which is applicable to all the sectors, including adequate mechanisms to cover the unorganized sector. The existing enforcement strategy and punitive provisions need to be strengthened and mechanisms to increase credibility, competence and acceptability for enforcement authorities need to be created through consultation with all stakeholders including employers.

5 5 The Factories Act provides reporting mechanisms, under which factory managers are required to send detailed reports on accidents, occupational diseases, injuries and fatalities. State Governments possess the power to appoint inquiry officers to conduct post incident audits. However, these provisions need to be extended to all work related injuries/fatalities irrespective of the sector. Further, self-certification by employers should be encouraged for checks on safety and health needs at the work place with appropriate consequences for not adhering to requirements. Awareness The workforce is generally unaware of rights and potential risks, making implementation of control measures and enforcement sporadic. It is essential to increase awareness about healthy and safe working practices. A mandatory occupational safety component needs to be included in all skill development and vocational education programmes like Pradhan Mantri Kaushal Vikas Yojana (PMKVY) to create a demand for safe working places in employment market place. Responsible Public Procurement Public procurements enjoy the biggest market share in India. The procurement supply chain for government contracts should formulate responsible safety guidelines that mandate safety measures at all levels. It should be defined as a responsible source in policy by including the entire public procurement chain, covering subcontractors and vendors. This change should be introduced based on self-certification by participants of the supply chain. It should be subject to discretionary inspections and audits with provisions for cancellation of contracts if declared standards are not implemented. A robust OSH framework must be ensured for and followed by all public sector enterprises. Data Collection and Capacity Building Lack of relevant and real time data on occupational safety related incidents often leads to misapplication of resources. There is an immediate need to strengthen data collection mechanisms to encourage research and datainformed policy decisions. Further, medical and environmental monitoring needs to be encouraged to detect occupational morbidity at an early stage and to evaluate the success of existing structures. In order to ensure proper compliance of law, India needs to develop supporting infrastructure and trained manpower. Appropriate trainings need to be conducted for factory inspectors, medical supervisors, occupational health professionals etc. Conclusion India s focus on occupational safety and health has largely been confined to four sectors, not covering a major share of its working population. Under such a situation, there is an urgent need for the country to adopt a wideranging framework to ensure safety at the workplace. A comprehensive legislation, enforcement of compliance through market linked incentives and disincentives and greater demand in employment marketplace will bring the country one step closer to a safer environment at work. DISCLAIMER: Swaniti Initiative makes every effort to use reliable and comprehensive information, but Swaniti does not represent that the contents of the report are accurate or complete. Swaniti is a non-profit, non-partisan group. This document has been prepared without regard to the objectives or opinions of those who may receive it.