Occupational Health

1. Malik Sakhi Sultan Awan
251-FSL/LLMHRL/S18
LLM Human Rights Law
Sir Atta-ul-Mustafa
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2.  This is the mechanism, because of which Labourers/Workers are
able to work in a congenial and pleasant working atmosphere in any
Workplace.
 Its main aim is to eradicate accidents and dangerous situations at
any Workplace.
 It also deals with all aspects of welfare of the Labourers/Workers of
any Workplace.
 The said definitions are of 1950 and these definitions were changed
in 1995.
 Now this subject deals with the “Health and Safety” of the
Labourers/Workers in any Workplace and to improve theirs
functional capacity.
 It also deals with making of such working atmosphere, which can
ensure “Occupational Health and Safety” of Labourers/Workers of
any Workplace.
 While doing the said initiatives, efficiency of the said Workplace
should also be increased.
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3. This issue was raised during Industrial
Revolution.
United Kingdom made lot of Laws on the
said subject and then, enforced the said
Laws.
In 1883, Bismarck introduced, for the fist
time in the Modern History, Law of Social
Insurance and then, Workers
Compensation Act in 1884.
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4. Main Conventions are…
Occupational Health Services Convention,
1985.
Occupational Safety and Health Convention,
1981.
Protocol of 2002 to the Occupational Safety
and Health Convention, 1981.
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5.  Main Laws in Pakistan are…
Factories Act, 1934.
Various Provincial Rules on the said subject.
Mines Act, 1923.
Workmen Compensation Act, 1923.
Dock Labourers Act, 1934.
The Employment of Children Act, 1991.
The Dock Workers(Regulations of
Employment) Act, 1974.
Constitution of Pakistan, 1973.
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6. Comparative analysis of “Mines
Convention(1995)” and “Mines Act(1923)”.
Examine the conditions of
Labourers/Workers of the Mines, in
Pakistan.
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7.  Article 1 gives the definition of Mines. Oil and Gas Wells are
not included in the definition of Mines.
 Article 2 says that this Convention is applicable on all the
Mines.
 Articles 3 and 4 calls upon the State Parties to make
Legislation, as per this Convention and enforcement of the
said Legislation by an appropriate State Authority.
 Article 5 describes that how said Legislation should be?
 Article 6 asks Employers/Owners of the Mines to reduce
accidents and dangerous situations, at the Mines.
 Article 7 asks said Employers/Owners to observe all the
Standards of “Occupational Health and Safety”, at the Mines.
 Article 8 calls upon the said Employers/Owners to have prior
plan, in the time of the natural catastrophes.
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8.  Article 9 calls upon the said Employers/Owners to combat some
specific types of accidents, in the Mines.
 Article 10 calls upon the said Employers/Owners to give theirs
Labourers/Workers, adequate training, on latter's “Occupational
Health and Safety”.
 Article 11 calls upon the said Employers/Owners to give theirs
Labourers/Workers all the medical facilities.
 Article 12 deals with multiplicity of Employers/Owners of the Mines.
 Article 13 gives Labourers/Workers and theirs Elected Bodies, all the
rights regarding theirs “Occupational Health and Safety”.
 Article 14 describes the duties of Labourers/Workers of the Mines,
regarding theirs “Occupational Health and Safety”.
 Article 15 calls upon the cooperation between the said
Employers/Owners and Labourers/Workers.
 Article 16 calls upon all the State Parties to enforce this Convention.
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9.  Section 3 deals with the definitions.
 Section 4 calls upon the concerned Governments to appoint Chief Inspector of the Mines and other
relevant staff, for the purpose of this Act.
 Sections 6,7,8 and 9 deal with the inspections of the Mines and all other related matters, in connection
with the said inspection.
 Section 9-A calls upon the General Public to make any complaint, regarding the non-compliance of this
Act.
 Sections 10 and 12 deal with the “Mining Board”.
 Section 14 calls upon the Employers/Owners of the Mines to give notice to the Chief Inspector or any
concerned Officer, before 15 days of operations of the Mines
 Section 15 puts all the responsibility of affairs of the Mines on theirs Employers/Owners.
 Section 16 calls upon the said Employers/Owners to enforce this Act.
 Sections 17-23/C deal with various aspects of “Occupational Health and Safety”, of the
Labourers/Workers of the Mines.
 Section 25 gives power to the Chief Inspector to grant immunity from the application of Sections 22-A,22-
B and 22-C of the said Act, to any Mine for 90 days.
 Section 25-A deals with the Overtime of the Labourers/Workers of the Mines.
 Section 26 prohibits the employment of the children in the Mines.
 Sections 26-A and 27 deal with the issue, if any person is less than 17 years of age.
 Section 28 calls upon the said Employers/Owners to have a Register, which should contain all the
particulars of all theirs Labourers/Workers of the Mines.
 Section 28-A protects all the additional facilities, which are given to the Labourers/Workers of the Mines,
in any other Law or prevalent customary practices.
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10.  Sections 28-B,28-C and 28-D deal with the leaves of the Labourers/Workers of the Mines and all other
related matters.
 Section 28-G ensures the payment of all dues of the Labourers/Workers of the Mines, against theirs
Employers/Owners with the help of concerned Officer.
 Sections 29 and 30 give concerned Governments the power to make any Rule, regarding the matters of
the Mines, which are not mentioned in this Act.
 Section 30-A deals with the Recue Stations.
 Sections 30 and 31-A deal with the publication of the Rules, regarding the matters of the Mines, with the
prior opinion of the “Mining Board”.
 Section 32 deals with the Byelaws, which are to be made by the Employers/Owners of the Mines.
 Section 33 calls upon the Employers/Owners of the Mines to display this Act, in the significant place of the
Mine.
 Sections 34-44 deal with various penalties for various violations of the said Act and the role of the
Judiciary, in dealing with the said violations.
 Section 45 gives the authority to the concerned Governments to decide, if there is an issue that whether
any place is Mine or not?
 Section 46 gives the authority to the concerned Governments to grant immunity to any Mine, from the
application of this Act.
 Section 47 gives the authority to the concerned Governments to make, change and abrogate any Order,
which she issued as per this Act.
 Section 48 deals with the application of this Act, on all the State-controlled Mines.
 Section 49 protects any person from the legal proceedings, which are initiated as per the Provisions of
this Act against Himself/Herself, if He/She does anything in the Mines, in the “Good Faith”.
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11. Pakistan has not ratified the said
Convention.
Definition of the Mines and minimum
numbers of Labourers/Workers in the
Mines, are not as per Article 1 of the
Convention.
Pakistan is having very limited or no
application of Articles 5,8,9 and 14 of the
Convention.
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12.  Pakistan has failed to comply all the Standards of
“Occupational Health and Safety”, in the Mines.
 There is non-compliance of all the Labour Laws in the Mines.
 Employers/Owners of the Mines and the corrupt Officials of
the Labour Department are responsible for the said non-
compliance.
 Because of the said non-compliance, Labourers/Workers of
the Mines, are at the verge of death and are suffering from
many diseases in theirs Mines.
 Said Labourers/Workers are not allowed to make theirs
Elected Bodies in theirs Mines.
 Said Labourers/Workers are living in very poor housing
conditions.
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13.  Pakistan should ratify the Convention.
 Pakistan should made her said Act, as per Articles 1,5,8,9 and
14 of the convention.
 Pakistan should comply all the Standards of “Occupational
Health and Safety” in the Mines, as per the requirements of
the said Convention and Act.
 Pakistan should take strong action against Employers/Owners
of the Mines and corrupt Officials of the Labour Department,
who are responsible for the non-compliance of this Convention
and Act.
 Labourers/Workers of the Mines should be allowed to make
theirs Elected Bodies in theirs Mines.
 Government should introduce the initiative of “Social Security”
for the said Labourers/Workers.
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14.  “Occupational Health and Safety” ensures the
pleasant and congenial working atmosphere, in the
Mines and all other Workplaces.
 Pakistan should fulfill her International obligations,
in terms of said Convention.
 Pakistan has been failed in the compliance of all
Standards of “Occupational Health and Safety”, in
the Mines and all other Workplaces.
 Pakistan should comply all such said Standards,
as per the requirements of the said Convention
and Act.
 Pakistan should take all steps for the welfare of the
Labourers/Workers of the Mines.
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15.  “Mines Act, 1923”.
 “Mines Convention, 1995”.
 Wikipedia and all other related sources.
 International Labour Organization website and all
other related sources.
 Chief Inspectorate of Mines, Government of the
Punjab website.
 European Union website.
 Express Tribune.
 Mine Workers: Working and Living Conditions by
Ahmad Salim.
 Various online and other sources.
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