Following is my presentation on Legislation Related to Occupational Health

1. By- Dr. Kunal
Guided By- Dr. Abhay Mudey
LEGISLATIONS RELATED
TO OCCUPATIONAL
HEALTH

2. Why there is a need of Occupational HealthLegislation?
• A large number of workers are employed in
establishments not coming under the purview of
Factory Act. i.e. they deprived of health, safety &
welfare benefits available under the act.
• Majority of industries concerns neither afford nor
interested in giving total health care to the workers.
• History reveals industrial revolution in West paid
heavily in the form of ill-health, accidents ,
deformities, tuberculosis, etc.

3. Who is responsible
for workers well-
being?
• Director General of
Health Services
• Deputy Director
General of Health
Services
• Factory Inspection &
Advisory Service

4. Factories Act,
1948

5. History of FACTORIS ACT,1948
Conditions:-
• No control over the conditions of employment of
workmen employed in industries.
• Employers used to bargain with employees.
• Child employment was predominant in factories
• Introduction of machines & new processes lead to
accidents & deaths.
• There was no stipulated timing of work.

6. Major amendments were causedduring 1987
Reasons:-
• Bhopal gas tragedy occurred in 1984 ( Early hours of
3.12.1984)
• Revealed the weakness in the existing law &
demanded the need to amend the law by
incorporating special provisions to deal with
chemical industries & for management of chemical
accidents.

7. Act wasoverhauled-1987 (1/12/1987)
• Many provisions were
introduced
• Penal provisions were
revamped
• In India the first factory act
was passed in 1881
• In 1891 another factories Act
was passed extended to the
factories employing 50 or
more workers.

8. Applicability
• Limited Jurisdiction – Applies to “Factories”
• Premises where 10 & more workers
• Manufacturing process with Power
• Premises where 20 & more workers
• Manufacturing process;
• No Power
• Act empower state GOVT. to declare all or any of
the provisions of the act to apply any place with an
objective to secure safety, health & welfare.

9. Responsible persons
• Occupier & manager are the responsible person for
implementation of the provisions envisaged in the
Act.
• Occupier means the person who has got the ultimate
control over the affaires of factory.
• After the SC judgement during 1996
• Manager means a person responsible to the
occupier for the working of the factory.
• He has to be nominated by the occupier.

10. Definitions
• Factory:-
• It is a workplace wherein 10 or more workers are
working or were working on any day of the
preceding twelve months & in any part of which
manufacturing process is being carried on with
the aid of power or is ordinarily so carried on, or.
• Wherein twenty or more workers are working , or
were working on any day of the preceding twelve
months, & in any part of which a manufacturing
process is being carried on without the aid of
power or is ordinarily so carried on.

11. Scope
• Health
• Safety
• Welfare
• Working Hours of adults
• Employment of Young Persons
• Annual Leave with Wages
• Special Provisions

13. Provisions under Health
Cleanliness
• Every factory shall be kept clean & free
from effluvia arising from any drain, privy
or other nuisance.
• Dirt & refuse must be removed daily from
benches, strains, floors, etc.
• Floors are to be cleaned by washing with
disinfectant, once a week.
• Painting& varnishing should be done once
in 5 years (once in 3 years in case of
washable water point)

14. Disposal of wastes & Effluents
Effective arrangements shall be
made for disposal of wastes &
effluents arising from
manufacturing process.

15. Ventilation & Temperature
• Adequate circulation of air is
required at temperature
convenient & not injurious to
health.
• If work is in high
temperature, hot parts
should be insulated or cooled
by other means.

16. Dust & Fumes
• If a manufacturing process
emits dust or fumes or other
Impurities , injurious to
health of worker adequate
measures shall be taken to
prevent their inhalation &
accumulation.
• If exhaust appliance is
necessary for this purpose, it
shall be applied as near as
possible to the point of
origin of dust or fume.

17. Artificial humidification
• The state Govt. may
prescribe standards of
humidification.
• If humidity of air is
artificially increased in a
factory, the water used for
the purpose shall be taken
from public supply or other
source of drinking water, or
shall be effectively purified
before it is used.

18. Overcrowding
• Space for a factory worker shall be provided at the
rate of 14.2 cubic meters per worker.
• Space 4.2 meters above the floor is ignored for this
purpose.

19. Lighting
• In every part of the
factory , the
management shall
provide sufficient light-
natural, artificial or both.
• Skylight be kept clean, &
there should be no glare
from source or from
reflection.

20. Drinking Water
• It should be sufficient,
wholesome & provided at
convenient places.
• All water points be marked
“Drinking water” & not to be
situated within the six meters
of washing place, latrine or
urinal.
• If more than 250 workers are
employed, cool water to be
provided in hot weather.

21. Latrines & Urinals
• They should be
sufficient, easily
accessible, well lighted
kept clean by sweepers
& separate for sexes of
sanitary type with walls
lined up to 90 cm by
glazed tiles.

22. Continued….
• The number of latrines & urinals
according to Factory Rules,
under Factory Act as follows:
• Latrine Accommodation-
1 for 25 females; for
males, 1 for 25 up to 100
& 1 for 50 thereafter.
• Urinal Accommodation-
1 for 50 men, 2 feet
apart, up to 500 men;
after that 1 for 100 or
part thereof.

23. Safety
Prescribes the
precautions to be taken
for safety against
injuries & accidents
which are likely to
occur while at working
in factory

24. • Include fencing of machinery, non-employment of
young persons on dangerous machines, protection
of eyes by use of goggles, precautions against fire,
dangerous fumes, etc.
• Appointment of safety officer in factories
employing 1000 workers or more.
Provisions Under Safety

25. Welfare
measures that promote health &
provide medical care.

26. Washing Facilities
Adequate & suitable facilities, separate for males &
females, should be provided at convenient places.
Provisions Under Welfare

27. Facilities for sitting
Provides, that where the
workers are obliged to work
in standing position , suitable
arrangements for sitting shall
be provided in order that
they may take advantage of
any opportunities for rest
which may occur in the
course of their work.

28. First Aid Appliances
• First Aid box or cupboards with prescribed contents,
easily accessible, throughout the working hours be
provided at the rate of 1 for every 150.
• Persons handling them should be trained & readily
available any time
• If more than 500 workers are employed, an
ambulance should be provided with medical &
nursing staff & prescribed equipments.

29. Canteens
There shall be maintained by the employer if more
than 250 workers are employed.

30. Creches
• If more than 30 women are
employed, suitable room
shall be provided to keep
children clean under 6
years.
• The accommodation
should be adequate,
lighted & ventilated.
• The crèche should be kept
under the charge of
women trained in care of
infants & children.

31. Welfare Officer
A welfare officer has to be
appointed when the
number of workers is 500
or more.

32. Working hours for Adults

33. Provisions under Working hours for adults
Adult Weekly
hours
No Adult worker
should be
required or
allowed to work in
factory for more
than 48 hours in a
week.

34. Weeklyholidays
It provides holiday for or
one full day each week.

35. Daily hours
Not more than 9 hours
a day.

36. Interval for rest
Not more than 5
hours work at a
stretch followed by
rest for at least half
an hour.

37. Women Workers
No women to be employed between the hours of 7 pm
& 6 am.

38. Employment of
young persons

39. Provisions under Employment of young Persons
• Not to work in factory
unless 14 years are
completed.
• No child to work more
than four & half hours a
day & not at night from
10pm to 6am.

40. Annual leave with
wages

41. Provisions Under
• Leave with wages to be given at
the rate of 1 for 20 days work to
an adult & 1 for 15 days work to
a child, if they have worked for
240 days or more during a
calendar year.
• Adult women shall be given
maternity leave for 12 weeks (6
weeks before & 6 weeks after
delivery)

42. Special Provisions

43. Provisions under Special Provisions
• Certain accidents to be notified by the manager of
the factory to the authorities specified.
• If any worker in contract a disease specified in Act
the manager should inform the prescribed
authorities.
• Specified diseases under the Act;
• Poisoning by lead, phosphorous, mercury,
magnesium, arsenic, etc….
• Pathological manifestations due to radium or other
radioactive substances or X-rays.

44. THE EMPLOYEES STATE INSURANCE ACT, 1948

45. History
• Pioneering measure in social
insurance in India.
• Health insurance first
discussed in 1927 by Indian
legislature.
• Originally called “workmen’s
state insurance bill” 1946.
• Came into force on 19th April
1948.

46. E.S.I. CORPORATION
Members
Representatives of employees organisations, medical profession,parliament
Chairman
Union minister for labour
Vice Chairman
Secretary to Government of India,Ministry of Lbour
Ceo,Director General ESI
Insurance, Medical, Finance Comissioner
Medical Benefits Council
Chairman DGHS

47. Objectives
The ESI Scheme is an integrated measure of “Social
Insurance” come to the life through the Employees'
State Insurance Act - 1948, and is designed to
complete the task of protecting “Employees” as
defined in the ESI Act – 1948, against the hazards of
Sickness, Maternity, Disablement or Death due to
Employment injury and to provide full Medical care
to insured persons and their families.

48. Continued….
• Coverage in India:
No. of States/UTs covered:- 29
No. of implemented centers:- 787
No. of Employees:- 1.39 crores
No. of Insured Persons/Family units:- 1.43 crores
No. Insured women:- 26.00 lakhs
No. of Beneficiaries:- 5.55 crores
No. of Employers covered:- 4.06 lakhs

49. Continued….
• Infrastructure in India:
No. of Regional/Sub-Regional/Divl. Offices:- 52
No. of Branch/Pay offices:- 798
No. of ESI Hospitals:- 148
No. of Hospital Annexes:- 42
Total No. of Hospital Beds:- 27,739
No. of ESI dispensaries:- 1388
No. of IMOs/IMPs/Specialists etc.:- 8925
No. of Para-medical staff:- 45000

50. At an average the ESI Corporation makes
40 lacs individual payments each year
amounting to
about Rs. 300 crores through its wide
spread network of branch Offices in
implemented areas.

51. Applicability
• Extends to whole of India.
• Act applies to factories using power not using and
employing 20 or more persons (Excluding mines,
railways & defence services).
• Gradually extended to the following:-
•Power using factories employing
10 or more persons.
• Shops
•Hotels and restaurants
•Cinemas including preview
theatres
•Newspaper establishments
•Road transport establishment

52. DEFINITIONS
Employee: employee refers to any person employed on
wages in connection with the work of a factory or
establishment to which this act applies.
•Includes technical, manual, clerical and supervisory
functions
•No distinction between casual and temporary
employees or technical and non-technical, or time-rate
or piece-rate
•Covers admin staff and those in purchase
•Does not include naval, military or air force personnel.

53. Continued….
Wages: means all remuneration paid in cash, including
payment in period of leave, lockout or strike which is
not illegal.
Does not include:
•Contribution paid to the provident fund or pension
fund
•Travelling allowance
•Sum paid to defray special expenses
•Gratuity payable on discharge

54. Contribution Deposit & Due Dates
The amount of contribution (Employee’s and
Employer’s share) is to be deposited with the
authorized bank (State Bank Of India) through Online.
Generated Challan, on or before 21st day of the
Succeeding month, of month following the calendar
month.

55. Continued….
• Contribution can also be submitted Online, by
selecting Online Payment Option during Payment of
the contribution, the process will take you the
Payment page of SBI corporate banking login to
complete the payment & same will be competed in
few minutes.
• If the employee is drawing up to Rs.70/- as daily
average wage, he is exempt from the payment of his
share of contribution. The employer is however to
pay employer's share of 4.75% of the salary received
by the employee.

56. Continued….
• The State Govt. bears one-eight share of expenditure
on medical benefits with in the per capita ceiling of
Rs. 1200/- per I.P. family per annum & all additional
expenditure beyond the ceiling.

57. Contribution & Benefit Period
Employers covered under the Act, are required
to Pay the Contribution towards the scheme on
a Monthly basis. There are two contribution
periods each of Six months and two
corresponding benefit periods also of Six
months duration as under.

58. Contribution Period
1st April to 30th
Sep.
1st Oct to 31st
March
Benefit Period
1st Jan to 30th June
(of the following
year )
1st July to 31st
Dec.

59. Benefits of ESI

60. Medical Benefit
• Insured persons and their
families entitled to free, full
and comprehensive medical
care.
• Extended up to two years for
chronic and long-term
diseases.

61. Continued….
• Treatment continues even if
person goes out of coverage,
till sickness ends.
• Package covers all aspects of
health care from primary to
super-specialist facilities,
such as:
1) Out-patient treatment
2) Domiciliary treatment
3) Specialist consultation and
diagnostic facilities

62. Continued….
1) In-patient treatment
2) Free supply of drugs and dressing
3) X-ray and laboratory investigations
4) Vaccination and preventive inoculations
5) Ante-natal, confinement, post-natal care
6) Ambulance service or conveyance charges
7) Free diet during admission in hospitals
8) Free supply of artificial limbs, aids and appliances for physical
rehabilitation
9) Family welfare services and other national health programme
services
10) Medical certification
11) Special provisions including super-speciality treatment.

63. Continued….
• Represents periodical payments made to an insured
person for the period of certified sickness after
completing 9 months in insurable employment.
• Eligibility for SB:- Minimum 78 days contribution in
one contribution period.
The daily rate of Sickness Benefit is 50% of the daily
wages.
Max. Duration:- Maximum period of 91 days in any
two consecutive benefit periods

64. Continued….
• Rates of payment vary from Rs.14-125 per day, i.e.
Average of 50% of daily wages.
• Insured persons suffering from TB, leprosy, mental
and malignant diseases or other specified long term
diseases are entitled to extended benefits at higher
rates, provided he has been continually employed
for at least two years.

65. Extended Sickness Benefit
• Extended Sickness Benefit is a Cash Benefit paid for
prolonged illness due to any of the 34 specified
diseases.
• Eligibility for Extended SB:-
Continuous employment for a period of 2 years and
should have contributed for at least 156 days in 4
preceding contribution periods. The daily rate of
Extended Sickness Benefit is 40% more than SB rate.

66. Continued….
• Maximum Duration of ESB:-
Including Sickness Benefit payable
for 91 days the ESB is payable up
to a further period of 124/309
days that can be extended up to 2
years in special circumstances on
recommendation of competent
authority.

67. Maternity Benefits
• Consists of periodical cash payments in case of
confinement or miscarriage or sickness arising out of
pregnancy, confinement, premature birth of child or
miscarriage, to an insured woman as certified by a
duly appointed medical officer or mid wife.
• Eligibility for MB:-
The daily benefit rate is double the Sickness Benefit
rate and is thus roughly equivalent to the full wages.
Benefit is paid for Sundays also.

68. Maternity Benefits Continued
The Benefit is paid as follows:-
1) For Child Delivery:- For a total period of 12 weeks
beginning not more than 6 weeks before the
expected date of child birth.
2) For Miscarriage:- For a period of 6 weeks following
the date of miscarriage.
3) For Sickness arising out of pregnancy, confinement,
premature birth of child or miscarriage : For an
additional period of up to 04 weeks.

69. Continued….
• Medical Bonus:-
Medical Bonus is lump sum payment made to an
insured woman or the wife of an insured person in case
she does not avail medical facility from an ESI
hospital at the time of delivery. The amount of Bonus is
Rs. 2500/-.

70. Disablement Benefit
• Admissible for disablement caused by employment
injury.
• Temporary disablement benefit is payable as long as
the temporary disability lasts.
• If the employment injury results in partial or
total/permanent disability, permanent disablement
benefit is payable till the death of the insured
person.
• The Daily benefit rate for Permanent and Temporary
Disablement is roughly equivalent to about 100% of
the wage rate.

71. Continued….
• The Daily benefit rate for Permanent and Temporary
Disablement is roughly equivalent to about 100% of
the wage rate.
• For permanent partial disablement, the rate of
benefit is proportionate to the %
of loss of earning capacity.
• The benefit is paid for Sundays
also.

72. Dependent Benefits
Periodical pension equivalent to about 70% of the
wages paid to dependants of deceased where death
occurs out of employment injury or disease.

73. Continued….
• Eligible Members:
1) A widow can receive this benefit on monthly basis
for life or till her Re-Marriage.
2) A son or daughter can receive this benefit till (25)
twenty five years of age.
3) Other dependants like parents including a
widowed mother etc. can also receive this benefit
under certain conditions.
4) The first installment is payable within a maximum
of three months following the death of an insured
person and therefore, on a regular monthly basis.

74. Funeral expenses

75. Others Benefits
• Rehabilitation Allowance:-
Rehabilitation in case of disabled insured persons under
45 years of age with 40 percent or more disablement.
• Free Supply:-
Free Supply of physical aids and appliances such as
crutches, wheelchairs, dentures, spectacles and other
such physical aids.
• Old Age Medical Care:-
Old age Medical care for self and spouse at a nominal
contribution of Rs. 120/- per annum.

76. Continued….
• Preventive Health Care Services like;
I. Immunization
II. Family welfare services
III. HIV/AIDS detection & treatment, etc.
• Rashtriya Swasthya Bima Yojana
• Rajiv Gandhi Shramik Kalyan Yojana

77. Rehabilitation Benefits
• Workers entitled to receive artificial limb are
awarded a rehabilitation allowance, for each day of
their admission at artificial limb center, for provision
or replacement of an artificial limb.
• Besides the Factories Act & ESI Act, there are several
other Acts that that have been framed to ensure
worker’s right, safety, health & welfare.
• Some of them are;
1) Mines Act, 1952
2) Plantation Act, 1951
3) Motor Transport Workers Act, 1961

78. Continued….
4) Shops & Commercial
Establishment Act (State Act)
5) Employment of Children
Act, 1938
6) Beedi & Cigar Workers
( Conditions Of Employment)
Act, 1937.

79. Benefits to Employers Under ESI Act
• Compliance under the act brings about healthy work
force & augmentation in production.
• Discharge the employer from liability under other
labor enactments such as Workmen’s Compensation
Act, Maternity Benefit Act, etc.
• Save from the imposition of
interest/damages/compensation to ESIC
• Exempted from liability of organizing health case
services for employees.

80. New Initiatives
Pandit Deendayal Upadhyay Shramev Jayate Karyakram
On 16 October 2014 – the Hon'ble Prime Minister of
India Narendra Modi inaugurated the Pt. Deendayal
Upadhyay Shramev Jayate Karyakram, during the
daylong conference of State Labour & Employment
Ministers, State Health Ministers and State Vocational
Training Ministers at Vigyan Bhawan, New Delhi

81. Continued….
e-KRANTI
• The main objective of e-Kranti is to accelerate e-
governance across India and achieve, in the
words of the Hon'ble Prime Minister: Minimum
Government, Maximum Governance.
• Therefore, the mission of e-Kranti is to: “Make
all government services accessible to the people in
their locality via Common Service Delivery outlets;
ensure efficiency , transparency and reliability in
such services at affordable costs; and realise the
basic needs of the common man.”

82. Continued….
SHRAM SUVIDHA PORTAL
• Unique Labour Identification Number (LIN) allotted to
Units facilitating online registration.
• Filing of self-certified, simplified Single Online Return by
industry . Units will only file a single consolidated Online
Return, instead of separate Returns. Amendments to 10
Rules already under taken.
• Transparent Labour Inspection Scheme via computerized
system as per risk-based criteria, instead of arbitrary
inspections based on discretion, and uploading of Inspection
Reports within 72 hours by Labour Inspectors.
• For more details visit:
www.efilelabourreturn.gov .in

83. Continued….
Pehchan Card for IP:
The photograph of the Insured Persons (IPs) and
their family members are clicked during registration.
Their fingerprints are also scanned for Pehchan Card.
Two sets of Pehchan Card (one for the IP , another
for his/her family members) are provided for swift
and convenient delivery of services.

84. Continued….
e-Biz Platform:
ESIC is the first entity to integrate its services
(Registration of Employers via e-Biz portal of the
Department of Industrial Policy and Promotion (DIPP))
to promote ease of business and curb transaction
costs.
For more details visit:
www.esic.nic.in or www.esic.in

85. Summery
• To provide for certain benefits to Employees in case
of Sickness, Maternity and Employment Injury and to
make provisions for Related Matters.

86. References
• Community Medicine With Recent Advances
-A.H. Suryakantha
• Text Book of Preventive & Social Medicine
-Rabidra Nath Roy &
Indranil Saha
• Text Book of Preventive & Social Medicine
-K.Park
• Jay’s Text Book of Occupational Diseases
• www.efilelabourreturn.gov .in
• www.esic.nic.in