National Tripartite Workshop For Promoting the Ratification of ILO Conventions on Occupational Safety and Health Mumbai, 18-20November 2015 OSH IN THE NATIONAL CONTEXT HARIHARAN VISHVANATHAN Dy. Director General, DGFASLI, Govt. Of India, Min. of Lab & Emp. MUMBAI 1
INTRODUCTION • 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 of 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. 2
INTRODUCTION • 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 of the concepts of hazards and risks and how they could be prevented or controlled 3
OSH-MAIN DRIVING FORCE IN INDIA The Constitution of India (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. (Article 39 e) C itizens 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 42) P rovision for just and humane conditions of work (Article 43) The State shall endeavor to secure, by suitable legislation to all workers, Decent standard of life and full enjoyment of leisure and social and cultural opportunities. (Article 43A) Participation of workers in management of industries
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 of 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 Faridabad Kolkata
SOME OF THE OSH STATUTES OF OUR COUNTRY • Dealing with Safety, Health and Welfare of Workers at Work places. • Dealing with Dangerous Substances. • Dealing with Dangerous Activities/Electrical Energy • Dealing with Environment.
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 objectives 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 ---20 th 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 20 th 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
BENEFITS OF THE NATIONAL POLICY 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 of research activities, skill development of 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 of 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.
reamble The fundamental purpose of the National Policy is to eliminate the incidence of work related injuries, diseases, fatalities, disaster and loss of national assets and ensuring achievement of a high level of safety, health and environment at workplace
The Government firmly believes that Building and Maintaining National Goals Preventative Safety and Health Culture is the need of the hour through
Providing statutory framework on OSHE. Providing administrative & technical support services Establish & develop R & D capability in emerging areas of risk Goals Providing a system of incentives to employers and employees to achieve higher safety and health standards
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. Goals Including occupational safety and health as an integral part of every operation
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 20
Make Every Day a Safe Day hvishvan@yahoo.com
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