OSH IN THE NATIONAL CONTEXT HARIHARAN VISHVANATHAN Dy. Director - - PowerPoint PPT Presentation

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National Tripartite Workshop For Promoting the Ratification of ILO Conventions on Occupational Safety and Health Mumbai, 18-20November 2015

HARIHARAN VISHVANATHAN

• Dy. Director General,

DGFASLI,

• Govt. Of India, Min. of Lab & Emp.

MUMBAI

OSH IN THE NATIONAL CONTEXT

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• OSH aspects occupy a very significant place in the

Policy framework of Government.

• Government of India is committed to regulate all

economic activities for management of safety and health risks at workplaces

• The Government recognizes that Safety and Health
• f workers has a positive impact on productivity and

economic and social development.

• To provide measures so as to ensure safe and healthy

working conditions for every working man and woman in the Nation.

• OSH needs to be considered as a Fundamental

Human Right.

INTRODUCTION

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• To give effect to the constitutional provisions, a

number of legislations concerning OSH have been enacted

• The Need for building and maintaining a National

Preventative Safety and Health Culture.

• To achieve this, all stakeholders are required to

participate actively through a system of defined rights, responsibilities and duties, and where the principle of prevention is accorded the highest priority.

• Making use of all available means to increase general

awareness, knowledge and understanding

• f

the concepts of hazards and risks and how they could be prevented or controlled

INTRODUCTION

OSH-MAIN DRIVING FORCE IN INDIA 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, Decent standard of life and full enjoyment

• f leisure and social and cultural opportunities.

(Article 43A) Participation of workers in management of industries (Article 24) No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

LEGAL OSH FRAMEWORK

• Under the Indian Constitution, labour is in the

concurrent list of subjects

• MOLE has enacted OSH statutes concerning

workers in the manufacturing, mines, ports construction sectors

• Other Ministries of the Government of India has

also enacted certain statutes relating to safety aspects

• f

substances, equipment, environment, and operations etc

DIRECTORATE GENERAL FACTORY ADVICE SERVICE & LABOUR INSTITUTES (DGFASLI)

• Technical wing of Ministry of Labour & Employment,
• Govt. of India.
• To propose changes / amendments in occupational

safety & health statutes in the manufacturing and port sector.

• Research, consultancy & information on OSH.
• Promotion of uniform administration of statutes.
• Enforcement of OSH statutes in the major ports.
• Training, Education & Awareness programmes on OSH.

DGFASLI Headquarters & Central Labour Institute (CLI), Mumbai

MUMBAI

Regional Labour Institutes, (RLIs)

Kanpur Chennai Kolkata Faridabad

• Dealing with Safety, Health and Welfare of

Workers at Work places.

• Dealing with Dangerous Substances.
• Dealing with Dangerous Activities/Electrical

Energy

• Dealing with Environment.

SOME OF THE OSH STATUTES OF OUR COUNTRY

ROLE O OF F IL ILO IN IN REG EGARD TO TO OSH SH IN IN INDIA IA

• 1. International

Labour Organisation is a specialized agency associated with United Nations.

• 2. It is tripartite in nature
• 3. Its
• bjectives

is to improve Labour conditions, promote employment and social progress, internationally recognized human and Labour rights and to raise living standard.

• India is a founder member of ILO
• ILO has formulated 188 conventions relating to conditions of

labour

• around 40 conventions are relating 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)

• Based on ILO C155(OSH), C187 (Pro. Frame work OSH),

C174 ( Prev. of Maj. Ind. Acc.), C170 (Chemicals) & C161(Occ. health Services) - The National Policy on OSH ---20th Feb 2009

TRIPARTITE CONSULTATIONS

• Min. of Lab & Emp has put in place a tripartite

consultative mechanism in the form of Indian Labour Conference (ILC)

• The ILC is assisted by another tripartite forum, Standing

Labour Committee (SLC) which frames the agenda for the ILC.

• MOLE has also constituted Tripartite Committee on ILO

Conventions which addresses the issue of ratification of ILO Conventions

• Tripartite Committees are also constituted as per the

enabling provisions under various statutes concerning safety and health

NATIONAL POLICY on SAFETY, HEALTH & ENVIRONMENT at WORKPLACE The National Policy was declared on 20th February 2009 and the review of the Policy in under process. The Implementation of the National Policy on SHEW in being undertaken by all stakeholders. The National Policy is posted on the websites of MoLE and DGFASLI and many CIFs

The policy is not limited to large and organized sector, but extends even to MSME and unorganized sectors including the Agriculture Sector. The Policy Provides for

• general guidance to all the stakeholders to discharge their

responsibilities in an appropriate manner.

• helps to create a positive safety and health culture.
• enables

development

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research activities, skill development

• f

employees, employers, enforcement authorities, and society at large.

• participation and cooperation of employers and employees

promoting employee participation for effective management.

BENEFITS OF THE NATIONAL POLICY

• Ensures

better compliance and implementation through a mechanism

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accrediting competent professionals and institutions.

• The implementation of the policy would enable timely

collection, compilation, and analysis of work related injuries, diseases, sicknesses etc. for qualitative decision making at the national level.

• It provides for OSH systems approach to be followed

by the management including use of computer aided risk assessment tools for dealing with safety, health and environment at workplace problems. BENEFITS OF THE NATIONAL POLICY

reamble

The fundamental purpose

• f

the National Policy is to eliminate the incidence of work related injuries, diseases, fatalities, disaster and loss of national assets and ensuring achievement

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a high level

• f

safety, health and environment at workplace

Goals

The Government firmly believes that Building and Maintaining National Preventative Safety and Health Culture is the need

• f the hour through

Goals

Providing statutory framework on OSHE. Providing administrative & technical support services Establish & develop R & D capability in emerging areas of risk Providing a system of incentives to employers and employees to achieve higher safety and health standards

Goals

Promoting inclusion of safety and health and environment as an important component in other national policy documents Focus on prevention efforts & monitor performance by improved data collection system. Including occupational safety and health as an integral part of every

• peration

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ELEMENTS OF THE ACTION PROGRAMME

• 1. ENFORCEMENT
• 2. NATIONAL STANDARDS
• 3. COMPLIANCE
• 4. AWARENESS
• 5. RESEARCH & DEVELOPMENT
• 6. OSHE SKILL DEVELOPMENT
• 7. DATA COLLECTION
• 8. REVIEW

Make Every Day a Safe Day hvishvan@yahoo.com