Legal framework

Safety and health occupy a significant place in India's Constitution, which prohibits employment of children under the
age of 14 in factories, mines and hazardous occupations. This policy aims to protect the health and strength of all
workers by discouraging employment in occupations unsuitable to the worker's age and strength. It is the policy of the
State to make provisions to secure just and humane conditions at work. The Constitution provides a broad framework
under which policies and programmes for occupational health and safety can be established.
Legislation on occupational health and safety has existed in India for over 50 years. The principal health and safety
laws are based on the British Factories Act. The Factories Act, 1948 has been amended from time to time, especially
after the Bhopal gas disaster, which could have been prevented. The amendment demanded a shift away from
dealing with disaster (or disease) to prevention of its occurrence. The Factories (Amendment) Act came into force on
December 1, 1987. A special chapter on occupational health and safety to safeguard workers employed in hazardous
industries was added. In this chapter, pre-employment and periodic medical examinations and monitoring of the work
environment are mandatory for industries defined as hazardous under the Act. A maximum permissible limit has been
laid down for a number of chemicals.
The Act is implemented by state factory inspectorates, supported by industrial hygiene laboratories. There are similar
provisions under the Mines Act. The Factories Act is applicable only to factories that employ 10 or more workers; it
covers only a small proportion of workers.
Key OSH legislations
Factories Act, 1948, amended in 1954, 1970, 1976, 1987
Mines Act, 1952
Dock Workers (Safety, Health and Welfare) Act, 1986
Plantation Labour Act, 1951
Explosives Act, 1884
Petroleum Act, 1934
Insecticide Act, 1968
Indian Boilers Act, 1923
Indian Electricity Act, 1910
Dangerous Machines (Regulations) Act, 1983
Indian Atomic Energy Act, 1962
Radiological Protection Rules, 1971
Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989
The Directorate General of Factory Advice Service and Labour Institutes (DGFASLI) assists the labour
ministry in formulating national policies on occupational safety and health in factories and docks, and
enforcing them through inspectorates of factories and inspectorates of dock safety. Similarly, the Director
General of Mines Safety (DGMS), Ministry of Labour, is responsible for the health and safety of mine
workers and implementation of the Mines Act, 1952.
There are also two key laws covering worker compensation and welfare. They are:
Workmen's Compensation Law, by which a worker can claim compensation under establishments
covered by the Factories Act.
Employees Sate Insurance Act (ESI Act), which is a contributory social insurance scheme that protects
the interests of workers in contingencies such as sickness, maternity, employment injury causing
temporary or permanent physical disability or death, loss of wages or loss of earning capacity. As of
March 2006, there were 35.4 million beneficiaries under this scheme.