Legal Aspects of OH & S

The Constitution of India enshrines detailed provisions for the rights of citizens (and other persons) and the principles to be followed by states in the governance of the country, known as the “Directive Principles of State Policy”. These Directive Principles provide for securing the health of workers, both men and women, ensuring that children are not abused at a tender age; that citizens are not forced by economic necessity to enter into vocations which are not suited to their age or strength; that just and humane conditions and maternity relief are provided at the workplace; and that the government shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry. On the basis of these Directive Principles, the Government of India declares its policies, priorities, strategies and purpose through the exercise of its power. It is committed to regulate all economic activities among the states and with foreign nations for the management of occupational safety and health risks and to provide measures for the protection of national assets, for general welfare and to assure, as far as possible, every working man and woman in the nation a safe and healthy working condition to preserve human resources.

Like most other countries, India thus tries to reinforce occupational health and safety (OHS) by implementing laws which regulate the measures that companies have to take. In order to guarantee a sufficient level of OHS throughout the country, these Acts lay down very basic minimum requirements. In this way, the differences between states in the administration of the Act can be minimized. Another intention of these detailed   provisions is to streamline the work of inspectors who have to examine the conditions of work in factories, thereby implying that inspectors have expert knowledge of the subject.

The formulation of policies, priorities and strategies in OHS and the environment at workplace is not undertaken by national authorities alone, but is done in consultation with social partners, i.e., employees’ organizations, employers’ organizations, autonomous and voluntary organizations, the public, etc, to ensure that the set goals/objectives are met. The Government of India firmly believes that without safe and healthy working conditions, social justice cannot be achieved and that the attainment of safety and health at work is fundamental to economic growth.

The basic aim of the concerned law making and amending authorities is to devise laws which provide safety standards to protect the basic needs of workers and take care of their welfare. These laws are flexible enough to create rather than destroy jobs, and increase the overall well being of workers.

The main objectives of OHS related legislation are:
  • Providing a statutory framework including the enactment of a general enabling legislation on OHS in respect of all sectors of economic activities, and designing suitable control systems of compliance, enforcement and incentives for better compliance.
  • Providing administrative and technical support services.
  • Providing a system of incentives to employers and employees so that they achieve higher health and safety standards.
  • Establishing and developing research and development capabilities in emerging areas of risk and effective control measures.
  • Reducing the incidence of work related injuries, fatalities and diseases.
  • Reducing the cost of workplace injuries and diseases.
  • Increasing community awareness regarding areas related to OHS.


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Preface

Hi,  I am Shailesh Karne, working in the field of HSE from last many years, I have gone through many ups and downs in this field...