Context: This article is based on the news  “As deaths due to work-related factors increase, ILO report (Occupational Safety and Health) calls for countries to strengthen safety net” Which was published in the Hindu. The ‘23rd World Congress on Safety and Health at Work  has started from 27 November 2023  in Sydney, Australia. It is the largest international event focused on the prevention of workplace harm.

23rd World Congress on Safety and Health at Work – Key Heighlights

• Theme of Event: “Shaping Change- collaborating for a healthier and safer world of work,”
• India’s Representation: The Director General of the Employees’ State Insurance Corporation (ESIC), is representing India at the conference.
• • ESIC aims to provide for certain benefits to Employees in case of sickness, maternity and employment injury and to make provisions for related matters.
• Key Collaborators of Event:  United Nations International Labour Organisation, the International Social Security Association, and SafeWork NSW.
• The  ILO report, titled ‘A Call for Safer and Healthier Working Environments’, will be discussed at this event.

Know more about the ILO here.

What is Occupational Safety and Health (OSH)?

• Occupational Safety and Health (OSH) deals with all aspects of health and safety in the workplace and has a strong focus on primary prevention of hazards. 
• Goal: To prevent accidents and harm to people from work-related activities.
• “Welfare of Labour including conditions of work” is a subject listed in the concurrent list of the constitution
• Nodal Agency: The Ministry of Labour & Employment (MoL&E) , Government of India and Labour Departments of the State Governments and Union Territories are responsible for Occupational Safety and Health of workers. 

What are the key findings of the ILO Report on Occupational Safety and Health?

• Work-Related Health Hazards: Exposure to long working hours , with almost 7.45 lakh people dying of it in 2016, followed by exposure to occupational particulate matter, gases, and fumes (4.5 lakh deaths) and occupational injuries (3.63 lakh deaths).
• Global Deaths: Nearly 30 lakh workers die every year globally due to work-related accidents and diseases.
  • More than 63% of these deaths are reported from the Asia-Pacific region.
• Rising Diseases: The rate of non-melanoma skin cancer increased by over 37% between 2000 and 2020.
• Non-Compliance of ILO conventions: As per ILO report, 79 out of the 187 member countries have ratified the ILO Occupational Safety and Health Convention (No. 155), while 62 countries have ratified the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). 
  • India has not ratified both the conventions, however after the Uttarkashi tunnel incident, Central Trade Unions asked the Union government to sign these treaties.

What are the issues related to Occupational Safety in India?

• Predominance of the Unorganized and Informal Sectors: Around  80% of India’s workers are employed in the unorganized sector, and more than 90% in informal jobs.
  • Such a huge part of the workforce is not covered by a majority of the labor laws which debar them from benefits like safety standards and minimum wage.

• • India has not ratified both the conventions.
• Selective Occupational Safety and Health framework: Apart from the existing Occupational Safety and Health related legislations for the four sectors, i.e., the manufacturing, mining, ports and construction, legislation to cover the other sectors such as agriculture sector, service sector, transport sector, etc., are not available leaving a huge gap.
• Lack of Defined Budget: The National Policy on Safety, Health and Environment at Workplace was announced in 2009. The review of policy is in progress. For effective implementation, there has been no specific financial budget and scheme.
• Challenges in Managing Occupational Safety and Health Risks: The changing job patterns and working relationships, 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.
• Economic unpredictability: India has seen two lockdowns and multiple restrictions. This creates economic uncertainty, making it difficult for organizations to make concrete decisions that transform the organization’s safety culture.

Also Read: India’s Informal Economy: Over 90% Workforce, Half of GDP

What laws and regulations are for Occupational Safety and Health in India?

• Constitutional Framework:  Under the Constitution of India, labor is a subject in the concurrent list where both the Central and the State Governments are competent to enact legislation subject to certain matters reserved for the Central Government.
  • Article 39: It  ensure that  the citizens of India are provided with adequate means of livelihood, fair distribution of wealth, equal pay for equal work, protection of children and labor
  • Article 42: Just and humane conditions of work and maternity relief are provided.
• National Policy on Safety, Health and Environment at Workplace(2009):It recognizes a safe and healthy working environment as a fundamental human right.
• Legislative Framework: The Government of India has enacted four main legislations relating to Occupational Safety and Health (OSH) at workplaces:
  • The Factories Act, 1948 , covering factories wherein the enforcement of safety at workplace is by the Chief Inspector of Factories in the respective states
  • The Mines Act, 1952 and Mines Rules, 1955 for mining industry where the enforcement is by the Directorate General of Mines Safety (DGMS) under Ministry of Labour & Employment , Government of India
  • The Dock Workers (Safety, Health and Welfare) Act, 1986 followed by notification of the Dock Workers (Safety, Health and Welfare) Regulations, 1990 dealing with the major ports of India
  • The Building & Other Construction Workers (Regulations of Employment and Conditions of Service) Act, 1996 , covering construction workers at construction sites wherein the enforcement is by the Directorate General Labour Welfare in the central sphere and by the Labour Commissioners/Factory Inspectorates in the States/UTs
• Mechanisms to Prevent Industrial Disaster, Protect Environment and Promote Public Safety:
  • National Disaster Management Authority (NDMA): Its primary purpose is to coordinate response to natural or man-made disasters and for capacity-building in disaster resiliency and crisis response.
• OSH Code (Occupational Safety, Health and Working Conditions Code) – 2020: 
  • National database to be created for the InterState Migrant Workers. 
  • Instead of 240 days, now if a worker has worked 180 days, he shall be entitled for one-day leave for every 20 days of work done.

Way Forward:

• Implementation of recommendation of ILO Report on Occupational Safety and Health:
  • The report  recommended five categories of “Fundamental Principles and Rights at Work” for ensuring safety and health at work. These are:
    • freedom of association;
    • effective recognition of the right to collective bargaining,
    • elimination of all forms of forced or compulsory labour, abolition of child labour, 
    • elimination of discrimination in respect of employment and occupation, and
    • a safe and healthy working environment.
  • Role of  Social Dialogue and Participation: In line with the core principles of the ILO Conventions, a sound and resilient national occupational safety and health (OSH) framework, built on social dialogue and participation, is essential for the realization of the fundamental right to a safe and healthy working environment.
• Upskilling employees in workplace ergonomics: According to the American authority on Occupational Safety and Health, 34% of workplace injuries are ergonomics-related, costing organizations nearly USD 50 billion per year.
  • Upskilling employees in workplace ergonomics will support a safer environment. 
• Integrating Ministries and Allocating Resources for Occupational Safety and Health Awareness and Prevention: At the national level, the government needs to include all relevant ministries to ensure that workers’ safety and health are prioritized in the national agenda. 
  • This requires allocating adequate resources to increase general awareness around Occupational Safety and Health, knowledge of hazards and risks, and an understanding of their control and prevention measures.
• Establishing a Specialized Research Institution for Workplace Safety, Health, and Environment: An institution in the country needs to be identified for providing research in the field of safety, health and environment at workplace and by developing innovative methods for dealing with safety, health and environment at workplace.

Conclusion:

There is a need to develop close involvement of social partners to meet the challenges ahead in the assessment and control of occupational safety by mobilizing local resources and extending protection to such working populations and vulnerable groups where social protection is not adequate.