The document outlines the elements of India's occupational safety and health (OSH) framework, including the national policy, system, and programs on OSH. It discusses the relevant constitutional provisions and key labor laws governing OSH. Some of the major OSH statutes mentioned are the Factories Act, Mines Act, Dock Workers Act, and Building and Other Construction Workers Act. The document also discusses ILO conventions ratified by India and the National Policy on Safety, Health and Environment at Workplaces implemented in 2009 to improve OSH standards. Key challenges in enforcing OSH standards mentioned are addressing the unorganized sector and workplace changes.

1. ELEMENTS OF OSH FRAMEWORK
1) National Policy on Safety, Health and
Working Environment
a) Principles of Assessment
b) Measures for combating of occupational risks
c) Preventive safety and health culture including
information, consultation and training

2. 2) National system for OSH
a) Laws and regulations
b) Designation of an authority
c) System of inspection
d) System of consultation between workers and
management
e) Mechanisms for consultation, training,
occupational health service, research, data
collection, compensation through insurance or
social security schemes.
3) National Programme on OSH
Formulation, implementation, monitoring, evalua-
tion and review of National Programme on OSH

3. The Constitution of India
(Article 42)Provision for just and humane conditions of
work
(Article 39 e) Citizens are not forced by economic
necessity to enter avocations unsuited to their age or
strength
(Article 39 e)Health and strength of workers, men and
women, and the tender age of children are not abused
(Article 43) The State shall endeavor to secure, by
suitable legislation to all workers, agricultural, industrial
or otherwise, work, a living wage and conditions of work
ensuring a Decent standard of life
(Article 43A) Participation of workers in management of
industries

4. LEGAL FRAMEWORK
• Under the Indian Constitution, labour is in the
concurrent list of subjects
• Ministry of Labour has enacted OSH statutes
concerning workers in the manufacturing, mines,
ports and construction sectors
• Other Ministries of the Government of India have
also enacted certain statutes relating to safety
aspects of substances, equipments,
environment and operations.

5. SOME OF THE OSH STATUTES RELATE TO
• Safety, Health and Welfare of Workers at Work
places.
• Dangerous Substances.
• Dangerous Activities/Electrical Energy
• Environment.

6. SOME OF THE IMPORTANT OSH STATUTES
• The Factories Act,1948 and Rules
• The Mines Act,1952 and Regulations
• The Dock Workers (SHW) Act, 1986 and Regulations
• The Indian Boilers Act, 1923 and Rules
• The Building & Other Construction Workers (Regulation
of Employment and Conditions of Service) Act,1996
and Rules
• The Explosives Act, 1884 and Rules
• The Petroleum Act,1934 and Rules
• The Environment (Protection Act), 1986 and Rules

7. OTHER LEGISLATIONS APPLICABLE TO OSH IN
INDIA
• The Dangerous Machines (Regulation) Act, 1983
• The Insecticides Act, 1968 and the Rules framed
there under
• The Electricity Act, 2003 and the Rules framed
there under
• The Shops and Establishments Act of State
Governments;
• The Beedi and Cigar Workers’ (Conditions of
Employment) Act, 1966;

8. OTHER LEGISLATIONS APPLICABLE TO OSH IN INDIA
• The Explosives Act, 1884
• The Gas Cylinders Rules, 1981
• The Explosives Rules, 1983
• The Static and Mobile Pressure Vessels (Unfired), 1981
• 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;

9. COMPENSATION LEGISLATIONS APPLICABLE TO
INDIA
• The Workmen's Compensation Act, 1923
• The Employees’ State Insurance Act, 1948
• The Employees’ Provident Fund Act, 1952
• The Public Liability Insurance Act, 1991
• The Personal Injuries (Compensation
Insurance) Act, 1963

10. ROLE OF ILO IN REGARD TO OSH IN
INDIA
1. International Labour Organization is a
specialized agency associated with United
Nations.
2. It is tripartite in nature
3. Its objectives is to improve Labour conditions,
promote employment and social progress,
internationally recognized human and Labour
rights and to raise living standard.

11. • India is a founder member of ILO
• ILO has formulated 189 conventions
• Around 40 conventions relate to OSH
• Out of total 188 conventions India has ratified 43
conventions including 4 on OSH. C115 (Radiation
Protection), C136 (Benzene) , C174 ( Prev. of Maj.
Ind. Acc.) & C127 (Max. Wt)
• Other conventions which are under consideration are
C155 (OSH), C170 ( Chemicals), C162 (Asbestos)

12. NATIONAL POLICY on SAFETY, HEALTH &
ENVIRONMENT at WORKPLACE
• The National Policy was declared on 20th
February 2009
• Ministry of Labour & Employment is in the
process of Implementation of the National
Policy on SHEW

13. National Policy on Safety, Health and
Environment 2009
(1) Providing a statutory framework on OSH in all sectors of
industrial activities including construction sector, designing
suitable control systems of compliance, enforcement and
incentives for better compliance.
(2) Providing administrative and technical support services.
(3) Providing a system of incentives to employers and employees
to achieve higher health and safety standards.
(4) Providing for a system of non-financial incentives for
improvement in safety and health.
(5) Establishing and developing the research and development
capability in emerging areas of risk and providing for
effective control measures.

14. National Policy on Safety, Health and
Environment 2009
(6) Focusing on prevention strategies and monitoring
performance through improved data collection system on
work related injuries and diseases.
(7) Developing and providing required technical manpower and
knowledge in the areas of safety, health and environment at
workplaces in different sectors.
(8) Promoting inclusion of safety, health and environment,
improvement at workplaces as an important component in
other relevant national policy documents.
(9) Including safety and occupational health as an integral part
of every operation.

15. CHALLENGES
1) How to address the concerns of unorganized sector
2) How to address workplace changes
3) How to shift from management of accidents to their
prevention and prediction
4) How to move from proprietary standards to open
standards

16. CHALLENGES
5) How to optimize with limited inspection resources
6) How to strengthen the occupational disease notification system
7) How to negotiate the global shift of precarious work towards
developing countries
8) How to build an OSH culture