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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