N.M.

SUKUMARAN, NATIONAL SECRETARY, BMS, INDIA

OSH & ENHANCING SAFETY CULTURENEED FOR A HOLISTIC APPROACH

Part I National laws and regulations on OSH Basically, directive principles of state policy, which are part of the constitution of India, deal with the subject of Occupational Safety and Health (OSH). But directive principles are only persuasive and not legally enforceable. OSH related laws in the country are Factories Act, 1948, Mines Act, 1952, Plantation Labour Act, 1951, Dock Workers (Safety, Health and Welfare) Act, 1986, Shops and Establishment Act of various states, Building and Other Construction Workers (Regulation of Employment, Conditions of Services) Act, 1996, Beedi and Cigar Workers (Conditions of Employment) Act, 1966 and Environment (Protection) Act, 1986. At present, safety and health statutes for regulating OSH of persons at work exist only in four sectors, namely, mining, factories, ports, and construction. But more than 90% of the Indian labour force does not work in factories; hence they fall outside the purview of the Act. Some of these units may be manufacturing, waste handling, using hazardous chemicals or carrying on operations dangerous to the health and safety of workers. The law should have general applicability at all work-sites irrespective of the number of employees employed in those units, and be applicable to factories, mines, plantations, ports, construction sites including the unorganised sectors, as well as the agriculture sector. National Safety Council and its state chapters and FASLI are the institutions doing some services and research on OSH. But they have only advisory role. A consolidated OSH law called OSH Bill of 2002 was drafted by the 2nd National Commission on Labour, to be presented before the parliament but so far it has not come out as law. On Ratification of ILO Conventions on OSH In the field of occupational safety, health and working environment, ILO has framed 13 conventions and equal number of recommendations so far. Out of these, the Government of India has ratified only two conventions namely Radiation Protection Convention (No.115), 1960 and Benzene Convention (No.136), 1971. National law modification may be required to include some new concepts like dangerous occurrences, commuting accidents as defined in the ILO protocol.

N.M.SUKUMARAN, NATIONAL SECRETARY, BMS, INDIA The obstacles on ratification of ILO conventions are 1. Many employers in the country are not ready to take up the financial burden of OSH. 2. Government is not interested to convene the national tripartite committee meeting on ratification to pursue the matter. Worker Consultation by Government At the National level there is an advisory body called National Safety Council functioning under the Ministry of Labour. It has a tripartite character. But it is a toothless body and can only give advice on OSH to different institutions etc. For ratifying conventions of ILO there is a tripartite committee under the Ministry of Labour, but the body meets rarely. Ministry of Labour, Government of India has notified a draft national policy on Safety, Health and Environment at Workplace in the month of September 2003 called National Policy on Safety, Health and Environment at Work Place. It was last revised in March 2006. But no periodic evaluation or discussions are carried out especially with the trade unions. Only the Government is empowered with statutory functions on OSH. Workers or trade unions have no statutory functions. Trade unions can only raise the issue as a labour dispute or complain to authorities like factories inspector etc. No tripartite central body is formed for the purpose. Enforcement mechanism The OSH in the country is enforced through the statutes mentioned above. Statutory enforcing authorities related to OSH in India function under DG FASLI (Directorate General of Factory Advice Service & Labour Institutes), DG MS, Director, National Institute of Occupational Health, Controller of Explosives, Chairman, Central Pollution Control Board, Chief Labour Commissioner (Central), Labour Commissioners of various states, DG ESI and DG Health Services. Various penalties are provided under the different Acts. But the penalties in the form of fine are inadequate and there is no mandatory imprisonment provided in most of the laws. Compensation for workplace accidents are covered by the Workmens Compensation Act, 1926. Recording and collecting of statistics of accidents and diseases are done at the FASLI. There is no statutory distinction of dangerous occurrences, commuting accidents as defined in the ILO protocol. Respective state chapters of NSC, Factories inspectorate, labour department etc. are there to enforce or monitor, but the implementation is far from satisfactory in most of the states.

N.M.SUKUMARAN, NATIONAL SECRETARY, BMS, INDIA Various statutes mentioned earlier describe the protective measures which are mandatory. But they are more violated than complied with. OSH expenditure is normally borne by employer. So major issue regarding safety is the cost involved. So management is generally reluctant to discuss or cooperate with the workers on OSH. Government has also not formulated any effective bipartite or tripartite system at the floor level. Safety Culture Safety management should go beyond statutory compulsions. It should be a developed in to a safety culture among all those associated with the works. Role of key players in safety in each sector should be expanded beyond statutory obligations. Part II

Safety efforts in Construction Sector- A Case Study

ILO convention No. 167 and Recommendation No. 175 are on safety in construction. Present compulsive legislation in India is Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and connected Central Rules, 1998. Few states have notified the respective State Rules and identified the enforcement agencies. It is unfortunate that many other States have not seriously taken note of the fate of millions of workers engaged in dangerous construction activities. Hence focus should be to facilitate and accelerate the implementation of the new legislation at the State level. Safety manual or OSH based on the statute is to be prepared and circulated. National Building Code of India, 2005 (NBC 2005) formulated guidelines for building construction activities etc. in the country. It is a revised version of the Code and amendments of 1970, 1983, 1987 & 1997. The code mainly contains administrative regulations, development control rules, and general building requirements, fire safety requirements, stipulations regarding materials, structural design and construction (including safety), and building and plumbing services. It also includes effects of natural calamities like earth quakes and cyclones. There are National Standards like IS 15001 on OSH management system and others. Present role of National Safety Council:- Enrolling construction agencies as members of NSC, training programmes on the implementation and compliance of statute, preparation of training manual, safety audit service, Construction Sector Safety Award Scheme, need based in-Company Service in tune with the emerging corporate challenges, safety awareness campaigns etc. Attention of

N.M.SUKUMARAN, NATIONAL SECRETARY, BMS, INDIA NSC should focus on economically feasible safety measures in small scale construction activities where major part of working force is involved. Central Rules deals with the following also: R.5 is on duties of employer on safe practices. R. 19 first aid facilities. R.36 on emergencies of fire and explosion. R.38 on ergonomics of manual lifting and carrying of excessive weight. R.40 & 43 on hygienic environment. R.47 on electrical hazards. R.52 on disposal of debris. R.55-81 on lifting appliances and gear. R.169-171 are on construction, repairs and maintenance of steep roofs. R.172-174, 188-205 on ladders and scaffolds. R.223 & 225 on health care of workers. R.226-231 on ambulance if 500 or more workers involved. Safety circles, supply of safety equipments, first aid. Site level OSH or HSE:- There are three main key players involved: 1. Enforcement agencies, 2. Constructing Agencies, 3. Safety professionals & site engineers. But at the site level, contractors, supervisors and workers are the three key players who face the risk directly. Effective safety management programmes and training in technical operations like safety in scaffolding, ladders and working at height, crane safety, electrical safety, excavation, house keeping, transport equipment and disposal of debris, lifting operations and gear, earth moving equipments, warning signs, fire fighting and explosion management, ergonomics of manual lifting and carrying of excessive weight, hygienic environment, steep roof activities, health care of workers, ambulance etc. Further safety audit, frequent check up and risk assessment of dangerous or risky mechanisms like wiring, chains, ropes, lifting machines etc. are necessary in construction sites. Safety regulation by permits is also another solution. Some of the common safety hazards in small scale construction works are:- Unsafe scaffolds for concrete construction- accidents are more. No system for safety assessment. Ladder safety of painters- accidents are more. Mosaic works, electrical works, and plumbing- No safety measures. Excavation works- accident due to unexpected collapse of soil collection. No gloves provided while using poisonous chemical paint materials. Cement work- Constant inhaling of cement dust causes allergic reactions- No masks are provided. No gun boot provided while manual mixing of cement.

N.M.SUKUMARAN, NATIONAL SECRETARY, BMS, INDIA 9. Safety in crusher units - Dusts spreading to a distance of about 1 km. radiusHazardous to workers, local people, animals who graze on dust covered grass and plants. - Decrease in ground water level, affecting electronic equipments and cracking of wall of nearby houses due to explosion. - Drilling at heights- No safety requirements complied with- Dereliction on the part of enforcement agency. - Risks involved in handling and storage of explosives. ********************