Context: This article is based on an Editorial “As deaths due to work-related factors increase, ILO report on OSH (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” started from 27 November 2023 in Sydney, Australia, which is the largest international event focused on the prevention of workplace harm.

• The theme of the Event: “Shaping Change- collaborating for a healthier and safer world of work,”

What is Occupational Safety and Health (OSH)?

• Definition: OSH deals with all aspects of health and safety in the workplace and has a strong focus on the primary prevention of hazards. 
• Nodal Agency: The Ministry of Labour & Employment (MoL&E), Government of India, and Labour Departments of the State Governments and Union Territories. Know more about the ILO here.

What are the key learnings from the ILO Report on Occupational Safety and Health (OSH)?

• Work-Related Health Hazards: Exposure to long working hours, exposure to occupational particulate matter, gases, and fumes, and occupational injuries.
• Global Deaths: Nearly 30 lakh workers die every year globally due to work-related accidents and diseases and 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% (2000-2020).
• Non-Compliance with ILO Conventions: As per the ILO report, less than half of member countries have ratified the ILO Occupational Safety and Health Convention (No. 155) and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). 
  • India has not ratified both the conventions. Also Read: India’s Informal Economy: Over 90% Workforce, Half of GDP

What are the issues related to workers’ 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.
• Selective OSH framework: Only four sectors are covered under the OSH-related legislation (manufacturing, mining, ports, and construction).
• Lack of Defined Budget: The National Policy on Safety, Health and Environment at Workplace was announced in 2009 and its review 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 are posing another problem for the management of such risks.
• Economic Unpredictability: In the past, the experience of two lockdowns and multiple restrictions created economic uncertainty.

What are the laws and regulations related to Occupational Safety and Health (OSH) in India?

• Constitutional Framework: In the Indian Constitution, labor is a subject in the concurrent list.
• 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 the following four main legislations:
  • The Factories Act, 1948, The Mines Act, 1952 and Mines Rules, 1955, The Dock Workers (Safety, Health and Welfare) Act, 1986 and The Building & Other Construction Workers (Regulations of Employment and Conditions of Service) Act, 1996
• Associated Institution: The National Disaster Management Authority (NDMA) works to coordinate response to disasters and for capacity-building in disaster resiliency and crisis response.
• Occupational, Safety, Health and Working Conditions Code, 2020:  It provides the creation of a National database for Inter-State Migrant Workers. Also, if a worker has worked for 180 days, he/she shall be entitled to one-day leave for every 20 days of work done.

Way Forward:

• Implementation of Recommendation of ILO Report:
  •  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.
• Need for Upskilling Employees in Workplace Ergonomics.
• Time for integration of Ministries and allocating resources for OSH awareness and prevention. 
• Need for a Specialized Research Institution for Workplace Safety, Health, and Environment.

Conclusion

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.