Occupational safety & health regulatory framework in india

OCCUPATIONAL SAFETY & HEALTH REGULATORY FRAMEWORK IN INDIA
INTRODUCTION
Constitutionalprovisionsare the basisof workplace safetyandhealthregulationsin India by imposing a
duty on the National to implement policies that promote the safety and health of workers at
workplaces. The safety and health statutes for regulating occupational safety and health (OSH) of
personsat workexistinall sectorsviz. manufacturing, mining, ports, and construction. The regulations
are divided in four sectors :
1. Factories Act, 1948 as amended in 1987;
2. Dock Workers (Safety, Health and Welfare) Act, 1986;
3. Building and other Construction Workers (Regulation and the Employment and Conditions of
Service) Act, 1996 ;
4. Mines Act 1952, as amended in 1957 and the Mines Rules 1957
The Ministry of Labour has issued a National Policy on Safety, Health and Environment at the
Workplace.In addition there are also other specific regulations on particular hazards or focused on
particularsectorsand territories.OSHinIndiaisthe primaryresponsibilityof the Ministry of Labour and
other State Labour Departments in the country, as :
1. The Rules for the Manufacture, Use, Import, Export and Storage of Hazardous micro-organisms
Genetically engineered organisms or cells (Amendment)
2. BuildingandOtherConstructionWorkers'(Regulationof EmploymentandConditionsof Service) Act
1996 (No. 27 of 1996).
3. Dock Workers (Safety, Health and Welfare) Act, 1986. Act No. 54 of 1986.
4. The Insecticides Act
5. The Mines Act 1952 (No. 35 of 1952).
6. The Factories Act 1948 (No. 63 of 1948).
DEFINITION OF WORKER
A worker refers to a person, employed directly, through an agency, a contractor, with or without the
knowledge of the principleemployer,withorwithoutremunerationinanyfactoryor establishmentthat
involvesamanufacturingprocess,oranyprocessinvolvingthe use of machinery,orthe provision of any
commercial services like a shop. This definition can also include apprentices, and those involved in
administrativeworkorworkthat isincidental orpreliminarytothe workof the establishmentorfactory.
The definition includes women, men and young adults. It extends to workers from the organised and
unorganised sector.
Reference :
1. The Sexual Harassmentof Womenat Workplace (Prevention, Prohibition, and Redressal) Act, 2013
(No. 14 of 2013).

2. Employees' State Insurance (Amendment) Act, 2010 (No. 18 of 2010).
3. Workmen' Compensation (Amendment) Act (No. 45 of 2009).
4. Unorganized Workers' Social Security Act, 2008 (No. 33 of 2008).
5. The Factories Act 1948 (No. 63 of 1948).
6. Employees' State Insurance Act, 1948 (No. 34 of 1948).
Coverage of particular categories of workers
Migrant workers : Migrant workers fall within the definition of workers as per the law. They can be
considered unorganized workers or wage workers, depending on the nature and terms of their
employment. [Unorganized Worker's Social Security Act, 2008, Section-2(m),(n)]
The law includes inter-state migrant workers under the definition of workers and provides for special
provisionstailoredtoaddress their needs in the course of their employment. (The Inter-State Migrant
Workmen(Regulationof EmploymentandConditionsof Service Act,1979). The law includes workers of
Indianoriginwhotravel abroadonwork underthe definitionof worker. (Workmen'sCompensation Act,
Section-2(l))
The Unorganised Worker's Social Security Act includes migrant workers in the definition of wage
workers and unorganised workers, thereby clearly bringing migrant workers under the ambit of the
definition of worker.
Refer Following Law :
1. Workmen' Compensation (Amendment) Act (No. 45 of 2009). (§ 2(l))
2. Unorganised Workers' Social Security Act, 2008 (No. 33 of 2008). (§ 2(m),(n))
3. Inter-State MigrantWorkmen(Regulationof Employment and Conditions of Service) Act, 1979 (No.
30 of 1979) [as amended].
Domestic workers :The law includes domestic workers under the definition of workers. (The
Unorganised Worker's Social Security Act, 2008, § 2(n)), The statute explicitly covers the welfare of
domesticworkersaswell. (The Sexual Harassmentof Womenat Workplace (Prevention,Prohibitionand
Redressal Act), 2013, Section 2(e))
Domestic workers are understood to be unorganised workers as per the Unorganised Workers Act,
2008. Domesticworkersare left out of the scope of the definition of worker under Industrial laws like
the Industrial Disputes Act, 1947 or the Workmen's Compensation Act, 1929.
Refer Following Law :
(No. 14 of 2013). (Section - 2(e)
2. Unorganised Workers' Social Security Act, 2008 (No. 33 of 2008). (Section - 2(n)

Home workers :The lawincludeshome workersunderthe definitionof workersanddefineshome based
workersas personsengagedinthe productionof goodsorservicesforanemployerinhisorher home or
otherpremisesof theirchoice,otherthanthe workplace of the employerinexchangeforremuneration,
irrespectiveof whetherthe materials,equipment or other inputs have been provided by the employer
or not.
The UnorgranisedWorker's Social SecurityScheme includeshome basedworkersunder its definition of
unorganisedworkers. Refer Unorganized Workers' Social Security Act, 2008 (No. 33 of 2008), (Section -
2(b)
Self-employedpersons:Self- employedworkers fall within the definition of workers. The law defines
self-employed workers as persons who are not employed by an employer but are engaged in any
occupationinthe unorganised sector subject to a monthly earning of an amount as may be notified by
the Central Governmentorthe State Governmentfromtime totime or holdscultivatable landsubjectto
State Government specified ceilings. Refer - Unorganised Workers' Social Security Act, 2008 (No. 33 of
2008). (Sction 2(k))
DEFINITION OF EMPLOYER
Owingtothe fact that there isnoprimaryOSH legislationinIndia,the definition of the term 'employer'
must be derived from a review of labour statutes. Thus an employer refers to a person or persons in
relation to any department, organization, undertaking, establishment, enterprise, institution, office,
branch or unit under the Government or who is responsible for the management, supervision and
ultimate control of the workplace. The employer may also include the occupier of a factory premises,
but is not required to be the same. In addition, an employer can also be a person or an association of
persons who has engaged or employed an unemployed worker, either directly or indirectly, for
remuneration or otherwise.
Refer following Law :
(No. 14 of 2013).
2. Workmen' Compensation (Amendment) Act (No. 45 of 2009).
3. Unorganised Workers' Social Security Act, 2008 (No. 33 of 2008).
4. The Factories Act 1948 (No. 63 of 1948)
5. The Industrial Disputes Act, 1947 (No. 14 of 1947).
OCCUPATIONALHEALTH
List of Occupational Diseases
Factories Act 1948 (Schedule III)
Workmen' Compensation (Amendment) Act (No. 45 of 2009). (Schedules III)

Employees' State Insurance Act, 1948 (No. 34 of 1948). (Schedules)
Mechanism for Compensating other Diseases as Occupational Ones :
The Workmen'sCompensation Act provides the mechanism by which workers suffering from diseases
identified by the prescribed authorities and listed in the Schedule to this Act may be compensated.
Refer Workmen' Compensation (Amendment) Act (No. 45 of 2009). (Schedule)
Competent national authority for safety and health at work :
1. The Directorate General,FactoryAdvice Service andLabourInstitutes(DGFASLI) isanattachedoffice
to the Ministryof Labour, whichliaiseswiththe State FactoryInspectoratesandadvisesthemonthe
administration of the Factories Act, 1948. The DGFASLI provides training to inspectors of factories
and technical personnel from the industries and also conducts multi-disciplinary surveys in
industries and ports.
2. The Directorate General of Mines Safety (DGMS) assists the Ministry of Labour in the technical
aspectsof occupational safetyandhealthinmines.DGMSis subordinate tothe office of the Ministry
of Labour and through drafting appropriate legislation and setting standards, by overseeing
compliance as intensively as its resources permit and through a variety of promotional initiatives
and awarenessprogrammes,the DGMSexercises preventive as well as educational influence over
the mining industry.
3. The National PolicyonSafety,HealthandEnvironmentatthe Workplace contemplatesthe provision
of an effective enforcementmachinerythatmayalsomonitorimplementation through an effective
labour inspection system as under Section 4.1.1 and 4.1.2
National OSH programme
1. The Constitutionof Indiastatesthatthe Governmentmusttake appropriate measurestosecure and
fosterthe health,strengthof workers,menandwomen. The Government must also take adequate
measures to protect children from exploitation. The Government must undertake measures to
ensure the socio-economicsecurityof the citizensof India,soasto preventthem from being forced
into unsuitable forms of labour.
2. The National PolicyonHIV/AIDSandthe Worldof Work emphasesthe need to spread awareness at
the workplace andcontemplatesanational level OSHprogramme whichaimsatcreating awareness
and dispelling discriminatory or uncomfortable behaviour at the workplace.
3. The Government of India, through the Ministry of Labour and Employment, has issued a National
Policy on Safety, Health and Environment at the Workplace which contemplates the adoption of
national OSHstandards,as well asprovidingstate governmentswiththe required infrastructures to
implement the standards and regulate their enforcement.
Reference :
1. National Policy on HIV/AIDS and the World of Work (No. 2)
2. National Policy on Safety, Health and Environment at the Workplace (No. 2,4)
3. Constitution of India. (Art. 39(e)

Duty to ensure the health and safety of employees
1. EmployersinIndiahave aduty towardsprovidingsafe andsecure workpremisestotheiremployees
that pose norisksto theirhealthandtheirwell-being.Employersare underthe obligationtoprovide
medical care,specializedcare for women and children workers, ventilated and non-crowded work
spaces to all their workers. (The Factories Act 1948 (No. 63 of 1948), Section 7B; The Workmen's
Compensation Act, 1923 (No. 8 of 1923, Section 3)
2. Employers and factory occupiers in industries dealing with hazardous substances are obliged to
safeguardthe general healthandsafetyof all those workingontheirworkpremises. Employers and
occupiersare imposedwiththe dutyof havingtopreventmajoron-site accidents,andcontain them
so as not to affectpersonsandthe environment.Furthermore,employersare underanobligationto
provide all peopleworkingonsite,withinformationandthe necessary facilities vital to their safety
and health. Employers and occupiers must keep in place, an emergency on site and off site plan
detailingmeasuresthatwill containthe healthrisk posedbyapotential accident. (The Manufacture,
Storage and Import of Hazardous Chemicals Rules, Rules 4, 13-15)
3. Several statutes including the Factories Act of 1948 and the Workmen's Compensation Act of 1929
deal with the employer's duty to safeguard the health of his or her workers and to undertake
precautionary measures to provide safe work premises.
Reference :
• The Manufacture, Storage and Import of Hazardous Chemicals Rules (Rules 4, 13-15)
• The Factories Act 1948 (No. 63 of 1948). (Section 7B)
• The Workmen's Compensation Act, 1923 (No. 8 of 1923) [as amended]. (Section 3)
Duty to protect the health and safety of people other than their own employees
The employerisunderaduty to ensure thatnoharm comesto a workeremployedtowork on his or her
workpremises.Thismayextendtoemployees who are working on a contractual hiring basis as well. In
addition, those employees who may be the sole employee of an establishment also have the right to
occupational safety and health measures to be provided by their employer. Refer Bombay Shops and
Establishments Act, 1948. (Section 5)
Collaboration among two or more employers at the same workplace
An employerisunderthe dutyof maintainingsafe workingpremisesfortheirworkers.Each employer is
liable for the harm incurred by the worker in the course of his or her employment, in the event of a
worker performing under the collaborative employment of two or more employers. Refer The
Workmen's Compensation Act, 1923 (No. 8 of 1923), as amended, (Section 3(2A)
Surveillance of workers’ health in relation to work
Employersandoccupiersare undera duty to conduct medical examinations of every worker before he
or she commences work with a hazardous object; and at intervals not exceeding 12 months, after the
worker has ceased work with the hazardous substances. Refer The Factories Act 1948 (No. 63 of 1948).
(Section 41C). Specific hazards for which surveillance is required is defined under The Factories Act
1948 (No. 63 of 1948, Schedule I)

Duty to provide personal protective equipment
1. Employers are obliged to inform and provide employees with personal protective equipment
necessary for their work. These provisions are particularly relevant to those workers employed to
work at factories, industrial establishments using hazardous substances, dangerous machines and
mines.
2. The employer is under a duty to provide workers with protective eye wear by way of effective
screens and goggles in order to protect them from excessive light or from particles in the work
process. (The Factories Act, 1948, Section-35)
3. Employersworkingwithworkersmanufacturinginsecticidesmustprovide the necessary protective
clothing and equipment to be used by workers during the manufacture, formulation, transport,
distribution and application of insecticides and other facilities required to keep themselves and
things supplied to them free from any contamination. (The Insecticides Act, Section 34)
4. Employers are obliged to provide workers working with building and construction, protective eye
wear, safety helmets, suitable waterproof boots for workers using wet cement, waterproof coats
and hats, hand gloves, and any other equipment that is deemed necessary and suitable when
handling hazardous chemical substances like alkali. Refer : The Building and Other Construction
Workers (Regulation of Employment and Conditions of Service) Act, 1996, Section 45 & 46,
Employersare obligedtoprovide dockworkerswiththe necessary protective gear, equipment and
clothing. The Dock Workers Act, 1986, Section 21(2)(v)
5. The law imposesonthe employerof workersperforminginmines,the dutytoprovide workers with
protective footwear, free of charge. Employers must also provide workers with helmets that have
beenapprovedbythe Chief Inspector,theymustalsoprovide otherprotective equipmentnecessary
to safeguardthe healthandminimizethe risk the worker is exposed to. The employer must keep a
ready stock of footwear available, so as not to run out under any circumstance. (The Coal Mines
Regulations, 1957, Rules 191, 191A, 191B).
Refer following law :
1996 (No. 27 of 1996). (Section 45, 46)
2. Dock Workers (Safety, Health and Welfare) Act, 1986. Act No. 54 of 1986. (Section 21(2)(v))
3. The Insecticides Act (Section 34)
4. Coal Mines Regulations, 1957 (S.R.O. 34019). (Rules 191, 191A, 191B)
5. The Factories Act 1948 (No. 63 of 1948). (Section 35)
Duty to ensure the usage of personal protective equipment
The employer is under a duty to provide protective gear, however the law does not state that the
employerisunderadutyto ensure that employees use the protective gear provided to them. Instead,
the law places this obligation on the employees or workers themselves.

DUTY TO PROVIDE FIRST-AID AND WELFARE FACILITIES
Arrangements for first-aid :
1. Employers must provide and maintain readily accessible first-aid boxes and cupboards filled with
prescribedmedical contents.A separate responsiblepersonismeant to be in charge of the first-aid
box. (The Factories Act, 1948, Section 45), Employers are under a duty to provide and maintain
readily accessible first-aid boxes or cupboards equipped with the necessary medical aids.
Contravention of this provision carries a penalty of imprisonment up to 3 months and/fine of
Rs.1000 (The Mines Act, 1952, Section 21)
2. Employers must provide and maintain readily accessible first-aid facilities to all workers. (The
BuildingandOtherConstructionWorkers(Regulationof EmploymentandConditionsof Service) Act,
1996, Section 36)
3. Employersmustprovide andmaintainreadilyaccessiblefirst-aidfacilities to all workers, including a
first-aid box. (The Motor Transport Workers Act, 1961, Section 12)
4. Employersare under the duty to provide first-aid facilities at every industrial premise. (The Beedi
and Cigar Workers (Conditions of Employment) Act, Section 15)
5. The first-aid boxes should be made available in the following proportion: 1 for every 150 workers.
An ambulance roommustbe providedbyemployersif the numberof workersinthe factoryis equal
to or exceeds 500. (The Factories Act, 1948, Section 45)
6. A first aid-room must be provided by employers where the number of workers equals or exceeds
150. (The Mines Act, 1952, Section 21)
Reference :
1996 (No. 27 of 1996). (Section 36)
2. Beedi andCigarWorkers(Conditionsof Employment) Amendment Act, 1993 (No. 41 of 1993). (§ 15)
3. Motor Transport Workers Act, 1961 (No. 27 of 1961). (Section 12)
4. The Mines Act 1952 (No. 35 of 1952). (Section 21)
SANITARY INSTALLATIONS
1. As per law, the employer is obliged to ensure the general cleanliness of the work premises.
Furthermore, the employer must ensure the availability of sufficient latrines and urinals, at
convenientandaccessible locations on the premises. Special facilities must be made available for
women. Spittoons shall be also made available. (The Factories Act, 1948, Section 11, 19, 20)
2. Employers are under a duty to provide workers with clean and sanitary latrines and urinals, made
accessible and marked as separate for men and women. Contravention of this provision carries a
penalty of imprisonment up to 3 months and/fine of Rs.500. (The Plantation Labour Act, 1951,
Section 9)

accessible and marked as separate for men and women. Contravention of this provision carries a
penalty of imprisonment up to 3 months and/fine of Rs.1000 (The Mines Act, 1952, Section 20)
accessible andmarkedasseparate for men and women. (The Beedi and Cigar Workers (Conditions
of Employment Act, Section12)
Reference :
1. Beedi andCigarWorkers(Conditionsof Employment) Amendment Act, 1993 (No. 41 of 1993). (§ 12)
2. The Mines Act 1952 (No. 35 of 1952). (Section 20)
3. Plantation Labour Act, Section 9)
4. The Factories Act 1948 (No. 63 of 1948). (Section 11, 19, 20)
DRINKING WATER
1. Employers are imposed with the duty of providing their workers with clean drinking water. The
pointswhere thiswaterisavailable willbe marked,andmustbe situated at the prescribed distance
away from restrooms and open drains. (The Factories Act, 1948, Section 18)
2. Employersare obligedtoprovide workerswithcleandrinkingwateratconvenientplacesalong with
the wholesale supply of drinking water. Contravention of this provision carries a penalty of
imprisonment up to 3 months and/fine of Rs.500 (The Plantation Labour Act, 1951, Section 8)
3. Employers are imposed with the duty of providing their workers with clean drinking water. The
pointswhere thiswaterisavailable willbe marked, and must not be situated within a distance of 6
metersfromrestroomsandopendrains. (The Beedi andCigarWorkers(Conditions of Employment)
Act, 1966, Section 11)
Reference :
1. Beedi and Cigar Workers (Conditions of Employment) Amendment Act, 1993 (No. 41 of 1993).
(Section 11)
2. Plantation Labour Act (Section 8)
REST AND EATING AREAS
1. Employers must provide workers with rest rooms, lunch rooms and cafeterias or canteens.
Employersare under a duty to provide rest room and lunch room facilities where workers may eat
the food they brought with them. Drinking water must also be provided in such rooms. Employers
must also provide canteen facilities to all workers at the work premises. (The Factories Act, 1948,
Section 46 & 47)
2. Employers must provide workers with canteens that are well equipped and can provide food to
workers on payment. Contravention of this provision carries a penalty of imprisonment up to 3
months and/fine of Rs.500 (The Plantation Labour Act, 1951, Section 11)

3. Employers are imposed with the duty of providing canteen facilities to their workers along with
other welfare measures as may be prescribed. (The Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Act, 1996, Section 37)
4. Canteensmust be provided in all factories employing 250 or more workers. Lunch rooms are to be
provided in all factories employing 150 or more workers. (The Factories Act, 1948, Section 46, 47)
5. Canteens must be provided where there are 250 or more workers. (The Building and Other
ConstructionWorkers(Regulationof Employment and Conditions of Service) Act, 1996, Section 37)
Reference :
1996 (No. 27 of 1996). (Section 37)
3. The Factories Act 1948 (No. 63 of 1948). (Section 46, 47)
EMPLOYERS’ DUTY TO PREVENT OCCUPATIONALHEALTH AND SAFETY
1. The law imposes the duty on employers to formulate and circulate a general policy or written
statementdescribinghisor her views on the safety and health of the workers, and the measure or
arrangementscurrentlyinplace in furtherance of the policy. Furthermore, the employers are duty
boundto periodicallyrevise andcirculate the revisedpolicies,amongthe workers in the workplace.
2. Employers, managers and occupiers are duty bound to formulate an emergency plan and a safety
managementplanwithrespect toall operationstakingplace inside a mine. The plans must identify
the health and safety risks; discuss the measures put in place to prevent accidents; provide for
regular inspection and monitoring of the work premises in the hope of preventing occupational
accidents.
3. Employers and occupiers must keep in place, an emergency on site and off site plan detailing
measures that will contain the health risk posed by a potential accident.
4. Where fiftyormore persons are employed to carry out building and construction work, employers
of workers involved in building and construction work are under a duty to formulate and draft a
writtenpolicywithrespecttothe safetyandhealthof the workers employed at the workplace. The
policy must be approved by the Central Government and must be displayed prominently on the
work premises in English and Hindi.
5. The manufactureror employerof manufacturingunitintendingtomanufacutre explosivesisundera
duty to submit a safety management plan to the relevant authority. This safety management plan
must contain details of how the employer will undertake the task of assigning duties and
responsibilities among employees, hazard risk identification, education and risk awareness,
reporting of accidents and subsequent investigations, precautions against possible accidents, and
emergency plan in the event of an accident.

Reference :
1. Oil Mines Regulations (Section 111 and Section 112)
2. The Explosives Rules, 2008 (Rule 26(3))
3. BuildingandOtherConstructionWorkers'(Regulation of EmploymentandConditionsof Service) Act
1996 (No. 27 of 1996). (Section 39)
4. The Manufacture, Storage and Import of Hazardous Chemicals Rules (Rule 13 and Rule 14)
5. The Factories Act 1948 (No. 63 of 1948), Section 7A(3)
Appointment of a person for health and safety
Employers are under an obligation to appoint special officers for OSH matters. These officers can be
called Safety Officers or Inspection Officers. The law does not necessarily imply that only senior
management can be appointed to such positions although there is nothing explicit that says they
cannot.
Reference :
(No. 14 of 2013). (Section 4)
2. Oil Mines Regulations (Rule 26)
3. The Explosives Rules, 2008 (Rule 11)
1996 (No. 27 of 1996). (Section 38)
5. The Delhi Shops and Establishments Rules, 1954. (Section 40B and Section 49)
6. The Mines Act 1952 (No. 35 of 1952). (Section 6A)
Written risk assessment
Employers who are the manufacturer of dangerous or hazardous articles, plant or machinery, must
identifythe associatedrisks,andissue awrittenassessment of all the risks and satisfactorily prove that
the machinery and articles will not prove to be detrimental to the worker's safety and health. Refer -
The Factories Act 1948 (No. 63 of 1948). (Section 7A and Section 7B)
Safe operating work systems and procedures
1. The law imposesthe dutyon the employer, to take measures to ensure safe systems of work, safe
workplaces, and safe work procedures, all of which do not pose any health risk to the workers.
Employers are obliged to ensure that safe systems of work and facilities equipped with necessary
medical aids are made available to those working with hazardous substances.
2. Employers are under a duty to ensure that the workplace is safe and does not pose any risks or
barriers to persons with disabilities at the workplace.
3. Employers must take care of all safety measures at the workplace in order to prevent accidents.
Reference
1. The Factories Act 1948 (No. 63 of 1948). (Section 7A and Section 7B)
2. The Municipal Solid Waste (Management and Handling) Rules (Section 4)

3. Dock Workers (Safety, Health and Welfare) Regulations, 1990. (Section 44)
4. Insecticides Rules (Section 38(1)(d))
Training and information on risks
1. The law imposesonthe employer the duty to inform all workers of important information relating
to OSH, andfuthermore the lawalsoempowersthe workersbystatingthatit istheirrightto ask and
receive such information as is deemed vital to safety and health issues at the workplace.
2. The Employer is obliged to provide all those working on the site, handling hazardous chemical
substances,training,informationandfacilitiesregardingantedotesandsafetymeasuresinthe event
of emergencies.
3. Employersanddockownersare undera dutyto provide training to all employees, and this training
shall also include information relating to safety measures and precautions to be taken at the
workplace in order to prevent occupational accidents.
4. Employers are duty bound to provide training to employees in the use of first aid.
Reference :
1. Public Liability Insurance Rules, 1991. (Section 4)
2. Dock Workers (Safety, Health and Welfare) Regulations, 1990. (Section 111 and Section 114)
3. The Factories Act 1948 (No. 63 of 1948). (Section 7A and Section 111A)
4. The Workmen's Compensation Act, 1923 (No. 8 of 1923) [as amended]. (Section 12)
Review or assessment of the results of preventive measures
The employeroroccupierof the workplace isdutyboundto putin place measures meant to ensure the
monitoring of the OSH measures and system, put in place at the workplace. An employer shall be
responsible forprovidingconstantandadequate supervisionof anybuilding or other construction work
inhis establishmentsoasto ensure compliance withthe provisionsof thisActrelating to safety, and for
taking all practical steps necessary to prevent accidents.
Reference :
(Section 44)
2. The Factories Act 1948 (No. 63 of 1948). (Section 7A )
Consultation with workers in health and safety
1. Employersandoccupiersare obligedtoensure that representatives of workers and the management
collaborate andforma safety committee that promotes co-operation among workers in maintaining
safety and health of the workers at the work premises
2. The employer or occupier of the workplace is duty bound to embrace OSH measures by way of a
formal safety management system and a plan that must be enforced in the work premises.
3. Particularlyrelevanttofactorieshandlinghazardous substances, Refer The Factories Act 1948 (No. 63
of 1948). (Section 41G, Section 7A)

Obligation to implement a specific OSH management system or standard
The employeroroccupierof the workplace isdutybound to embrace OSH measures by way of a formal
safetymanagementsystemanda planthat mustbe enforcedinthe work premises. Refer The Factories
Act 1948 (No. 63 of 1948). (Section 7A)
EMPLOYERS’ DUTY TO ENSURE AVAILABILITY OF EXPERTISE AND COMPETENCE IN HEALTH AND SAFETY
Requirement to access expert advice and/or support in health and safety
Employersmustseekthe advice of expertsinthe fieldof occupationhealthandsafetywhile attempting
to formulate policies, site appraisals and emergency plans. Refer - Factories Act 1948 (No. 63 of 1948).
(Section 41A)
Qualifications of experts or professional services
The law imposes on employers the duty to ensure that persons are appointed, particularly in work
premises handling hazardous substances, who possess the requisite expertise, qualifications and
experience inhandlinghazardoussubstancesandare competent in providing the necessary health and
safety measures required by the workers at the premises. Refer Factories Act 1948 (No. 63 of 1948).
(Section 41C(b)
Appointment of an OSH practitioner
1. Employers and occupiers must agree witht the State Government's decision to appoint special
officersforthe purpose of overseeing OSH matters at the workplace, namely safety officers. Refer
The Factories Act 1948 (No. 63 of 1948). (Section 40B)
2. Safety officers are required to be appointed by the employer or occupier of the workplace if the
work force equals or exceeds one thousand workers.
Refer The Indian Electricity Rules, Section 40B (1)
WORKERS' RIGHTS AND DUTIES
Workersare undera general duty to take steps not to willfully interfere with or misuse any appliance,
convenienceorotherthingsprovidedinafactoryfor the purpose of securinghisor her health, safety or
welfare and must not willfully and without reasonable cause do anything likely to endager himself or
herself, other works or to willfully neglect appliances or other things provided in a factory, for the
purposes of securing the health or safety of other workers. Contravention of this provision entai ls a
penaltyimposed on the worker which is imprisonment upto 3 months and fine that may extend to Rs.
100. Refer : Employees' State Insurance Act, 1948 (No. 34 of 1948). (Sections 111(1) and (2)

Duty to take reasonable steps to protect the safety and health of others
Workers are under a general duty to refrain from willfully interfering, without reasonable cause, in
anything likely to endanger others. Contravention of this provision entails a penalty imposed on the
worker which is imprisonment up to 3 months and fine that may extend to Rs. 100. The Factories Act
1948 (No. 63 of 1948). (Section 111(1)
Supervisors’ duty to take reasonable steps to protect the safety and health of others
Supervisors are under a general duty to take reasonable steps to protect the health and safety of
workersat the workpremises.Supervisors,likeemployersandoccupiersinthe factory are under a duty
to ensure the safety and health of all workers working at the work premises. Refer : Employees' State
Insurance Act, 1948 (No. 34 of 1948).
Senior officers’ duty to take reasonable steps to protect the safety and health of others
Senior officers are under a general duty to take reasonable steps to protect the health and safety of
workersat the workpremises.Seniorofficers, like supervisors, employers and occupiers in the factory
are undera dutyto ensure the safetyandhealth of all workers at the work premises. Refer: The Mines
Act 1952 (No. 35 of 1952)]
Duty to comply with OSH-related requirements
Workers are under a duty to take steps not to willfully interfere with or misuse any appliance,
convenienceorotherthingsprovidedinafactoryfor the purpose of securinghisor herhealth, safety or
welfare andmustnotwillfullyandwithout reasonable cause do anything likely to endanger himself or
herself, other works or to willfully neglect appliances or other things provided in a factory, for the
purposes of securing the health or safety of other workers. Contravention of this provision entails a
penaltyimposedonthe workerwhich is imprisonment up to 3 months and fine that may extend to Rs.
100. The Factories Act 1948 (No. 63 of 1948), Section 111(1)
Right to enquire about risks and preventive measures:
Every worker shall have the right to obtain from the occupier any information relating to worker's
healthandsafetyat the worksite,receive traininginOSHmattersandmake adequate representation to
the relevantauthorityregardingthe statusof OSHmeasuresatthe work premises.Refer: The Factories
Act 1948 (No. 63 of 1948). (Section 111A)
Right to remove themselves from a dangerous situation
1. Workers employed in any factory engaged in hazardous processes, having a reasonable
apprehensionof the likelihoodof imminentdangertotheirlives or health due to any accident, may
informthe inspectoror other officers in the factory and thus warn the others, however there is no
explicit mention that they may remove themselves from such a position of risk.

2. The law clearlystatesthatthe workerhas the right to bring the imminent danger to the authority’s
notice, but does not explicitly mention whether the worker has the right to remove himself or
herself from such danger. The Factories Act 1948 (No. 63 of 1948). (Section 41H)
Right to be reassigned to non-hazard work
1. Workershave the right to reportto factoryinspectors,information regarding a health hazard in the
workpremises,afterwhichthe Inspectormustorderforthe testingordismantlingof the objectsaid
to cause the hazard.
2. The law onlyprovidesforareportingmechanismbutdoesnotexplicitlystate that workers have the
rightto remove themselves.If anythingtheycannot let harm to come themselves as under Section
111 of the Factories Act, and the same would apply in this context. Refer The Mines Act 1952 (No.
35 of 1952). (Section 9(h)
Employers’ duty to consult workers on risks
Employers and occupiers are obliged to ensure that representatives of workers and the management
collaborate and form a safety committee that promotes co-operation among workers in maintaining
safety and health of the workers at the work premises. Particularly relevant to factories handling
hazardous substances. Refer: The Factories Act 1948 (No. 63 of 1948). (Section 41G)
Workers’ right to select their representatives for health and safety matters
Employers must ensure that workers are aware of their rights to elect OSH representatives to safety
management committees to ensure OSH compliance at the work premises. Refer : The Factories Act
1948 (No. 63 of 1948). (Section 41G)
Right of workers’ representatives from outside to address OSH issues at the workplace
1. Representatives from outside the workplace (e.g. Trade Unions) have the right to enter the
workplace undercertaincircumstancesthatmightinvolve resolutionof trade or industrial disputes.
Refer : The Trade Unions Act 1926 (No. 16 of 1926).
2. Representatives from outside the workplace (e.g. Trade Unions) have the right to enter the
workplace undercertaincircumstancesthatmightinvolve resolutionof trade or industrial disputes.
Representatives from a trade union may consult with workers at work premises. Refer : The Trade
Unions Act 1926 (No. 16 of 1926).
3. Representativesfromatrade unionhave the powerto advise workersatworkpremises. Refer : The
Trade Unions Act 1926 (No. 16 of 1926).
4. Representative from a trade union may initiate enforcement action on behalf of the workers at a
particular work premise. Refer : The Trade Unions Act 1926 (No. 16 of 1926).
Participation of workers’ representatives in joint OSH committee
Employers and occupiers are obliged to ensure that representatives of workers and the management
collaborate and form a safety committee that promotes co-operation among workers in maintaining
safety and health of the workers at the work premises.Particularly relevant to factories handling

hazardous substances. The safety committee will resolve any OSH disputes through co-operation and
discussion. Refer : The Factories Act 1948 (No. 63 of 1948). (Section 41G)
LEGAL PROVISIONS FOR OCCUPATIONAL HEALTH AND SAFETY PREVENTION
Chemical Hazard & Prevention:
Handling, storage, labelling and use
The law requires clear labelling and directions as to the storage, use, manufacture of hazardous
chemical substances. Refer :
The Manufacture, Storage and Import of Hazardous Chemicals Rules (Rule 17) &
Benzene Convention, 1971 (No.Â 136) Direct Request 2015
Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of
users
1. Designers, manufacturers and importers of articles and substances used in factories are under a
duty to ensure that the article does not pose health risks to the workers, to adequately test the
product before making it available to workers, and to take steps to ensure that the necessary
informationabout the article is made available to the workers prior to use. Thus manufacturers of
an article are also under an obligation to ensure the safety of the workers at different work
premises, who are using the manufactured articles in the course of their employment.
2. The employers, or occupiers of a premises, or the manufacturers, suppliers and importers of
hazardouschemical substancesare underadutyin law,to provide necessaryinformation regarding
the properhandlingandstorage of chemical substances.Theyare obligedtoprovide periodic safety
reportsand are requiredtomake publicanyinformation critical to the use of these substances and
the health risks they pose.
Reference :
1) The Manufacture, Storage and Import of Hazardous Chemicals Rules
2) The Factories Act 1948 (No. 63 of 1948). (§ 7B)
3) Benzene Convention, 1971 (No.Â 136) Direct Request 2015
Pesticides
1) Manufacturersof insecticidesare underadutyto preventmisbrandingof the hazardoussubstances,
and are underanobligationtoprovide informationrelevant to the health risks posed by the use of
the insecticide. This obligation extends to all persons who may come into contact with the
insecticides, both on the work site and elsewhere.
2) The law states that unless it complies with all requirements, a prohibition on the sale of an
insecticide for reasons of public safety can be imposed. Refer : The Insecticides Act (Section 29,
Section 17)

Ergonomic hazards
Employers must ensure that workers are not exposed to ergonomic risks. This may take the form of
control measures against exposure to extreme temperatures, adequate availability of drinking water,
and the provision of proper sanitation facilities, along with the provision of rest rooms in order to
minimise worker fatigue. Refer : The Factories Act 1948 (No. 63 of 1948).
Physical hazards
1. For Ionizing radiation, The law provides that the necessary facilities to ensure safe handling and
mitigate risk of xposure shall be provided. Refer :
AtomicEnergy(Factories) Rules1996 (G.S.R.253).
RadiationProtectionConvention,1960 (No.Â 115) Observation2010
RadiationProtectionConvention,1960 (No.Â 115) DirectRequest2015
2. For Vibration and noise, Employers are obliged to minimise risks posed by excessive noise and
vibration caused by the use of machinery at the work premises. Refer Employees' State Insurance
Act, 1948 (No. 34 of 1948).
3. For Working at height, Employers must ensure the implementation of safety measures by way of
fencing, with reference to workers working at high places. Refer The Factories Act 1948 (No. 63 of
1948). (Section 32(c )
4. For Workingin confinedspaces,Employersmustensure thatworkpremisesare properlyventilated
and not overcrowded. Refer The Factories Act 1948 (No. 63 of 1948). (Section 13 and 15)
5. For Risks arising from poor maintenance of workplace facilities, the law imposes on the employer
the duty to fix poorfacilitiesand buildings. Refer : The Factories Act 1948 (No. 63 of 1948). (Section
40-A and Section 14)
6. For Exposure to extreme temperatures, The employer is obliged to ensure that workers are not
exposed to extreme temperatures at the work premises. Refer : Employees' State Insurance Act,
1948 (No. 34 of 1948). (Section 13)
7. For Fire risks, Employers must protect their workers against the risk of fire hazards, through
providing adequate number of extinguishers, providing sufficent protective gear to the workers.
Refer :
The Explosives Rules, 2008
The Factories Act 1948 (No. 63 of 1948).
8. For Tobacco, The law provides for OSH protection to workers handling tobacco. Refer Beedi and
Cigar Workers (Conditions of Employment) Amendment Act, 1993 (No. 41 of 1993).
Psychosocial hazards
Psychosocial risks like stress owing to economic pressure are recognized by certain statutes where
employersmustprovidemeasuresthatalleviate these kindof risksthroughsocial security schemes and
insurance policies. Refer :
Unorganised Workers' Social Security Act, 2008 (No. 33 of 2008).
Employees' State Insurance Act, 1948 (No. 34 of 1948).

Occupational violence
Employers are obliged to resolve trade disputes, industrial disputes and minimise instances of sexual
harassment at the work place. Reference :
(No. 14 of 2013).
2. The Industrial Disputes Act, 1947 (No. 14 of 1947).
Other hazardous substances
1. The occupierand employerof everyfactory dealing with hazardous substances are under a duty to
disclose to the workers, Chief Inspectors and the public living in the vicinity, in the prescribed
manner, all information regarding dangers and health hazards and measures to overcome hazards
causedby exposure tohazardous substances. Failure to comply with these legal provisions entails
the penalty of cancellation of license, notwithstanding any other penalty that the occupier or
employer faces in view of the damage or harm caused.
2. There are a number of legal provisions addressing worker safety from risks posed by hazardous
substances like dust, fumes and debris. These provisions are located in statutes dealing with the
regulationof employmentandthe employee'ssafetythatdeal withworkers in the mining industry,
labourcodesdealingwithfactories,statutesthatoutlinethe regulationof building and construction
work, statutes dealing with informal workers such as domestic workers and manual labourers.
Reference : The Factories Act 1948 (No. 63 of 1948). (Sections 11, 13, 14, 41b)
Risks related to machinery and tools
1. Employers must ensure the complete mitigation of risks posed by machinery at the work place.
Refer : The Factories Act 1948 (No. 63 of 1948). (Sections 21 to 30)
premises, who are using the manufactured articles in the course of their employment. (The
Factories Act 1948 (No. 63 of 1948), Section 7B)
3. The law imposes a duty on manufacturers, designers and dealers of dangerous machinery the
obligation of ensuring industry standards compliance of the machinery, and must provide clear
legible indicators on machines, including points beyond which human contact must be avoided.
Theyare dutyboundto provide manualsthatprovide clear instructions as to the use, maintenance
and general safety precautions surrounding the machinery or equipment.
The manufacturers of dangerous machinery must ensure that the machinery complies with
established safety standards. Furthermore, the manufacturers are obliged to label the machinery
withthe appropriate dangersignals,manufacturingdetails,andpowerrequirements.Inthe eventof
harm causedto the workersdue to faultymachinery, the manufacturers are under an obligation to
reimburse the worker, or the worker's family for the damage caused. (Dangerous Machines
(Regulation) Act, 1983 (No. 35 of 1983), Section 13-17).

Reference :
• Dangerous Machines (Regulation) Act, 1983 (No. 35 of 1983). (Chapter IV, Sections 3-17)
• The Factories Act 1948 (No. 63 of 1948). (Sections 7B)
Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries
information
premises, who are using the manufactured articles in the course of their employment.
2. The law imposes a duty on manufacturers, designers and dealers of dangerous machinery the
obligation of ensuring industry standards compliance of the machinery, and must provide clear
legible indicators on machines, including points beyond which human contact must be avoided.
Theyare dutyboundto provide manualsthatprovide clear instructions as to the use, maintenance
and general safety precautions surrounding the machinery or equipment.
Reference :
• Dangerous Machines (Regulation) Act, 1983 (No. 35 of 1983). (Chapter IV)
• The Factories Act 1948 (No. 63 of 1948). (Section 7B)
Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated
Employers are obliged to purchase and use machinery that complies with the prescribed industry
standards. Refer : Dangerous Machines (Regulation) Act, 1983 (No. 35 of 1983).
Maintenance of machinery and equipment
The law imposes on employers and users of machinery and equipment in India, the duty to conduct
periodic maintenace in an organised way, and to ensure that the machinery is compliant with the
prescribedindustrystandards. Thisisageneral obligationthatisimposed by provisions in the Factories
Act, 1948; the Dangerous Machines Act, 1983; the Workmen's Compensation Act, 1923. Refer : The
Factories Act 1948 (No. 63 of 1948).
PROVISIONS TO PROTECT WORKERS IN SPECIFIC CONDITION OF VULNERABILITY
Protection of pregnancy at work
1. The law imposesonemployersthe dutytoensure thatnopregnantworkerfindherself employed in
a task that provesdetrimentaltoherhealth,requiresherto stand for long hours or is of an arduous
nature.
2. Contravention entails imprisonment up to 3 months and fine of Rs.500.

3. Pregnant workers must not be permitted to carry heavy loads.
4. Employers must ensure that she is not employed 6 weeks prior to her delivery.
5. The healthof pregnantworkershasbeenextensivelyaddressed in the Maternity Benefits Act, 1961
and the relevant provisions have been referred to in other statutes.
Reference :
Atomic Energy (Radiation Protection) Rules (Rule 38(1))
Maternity Benefit Act 1961 (No. 53 of 1961). (Section 4)
Benzene Convention, 1971 (No. Â 136) Direct Request 2015
Protection of lactating women at work
1. Pregnant workers must not be permitted to carry heavy loads.
2. Accordingto the law, employers are imposed with the duty of having to provide lactating workers
with2 breaksof the requiredduration, inorder to nurse the child till the child attains the age of 15
months. A contravention entails imprisonment up to 3 months and fine of Rs.500
3. Employersandoccupiersof factoriesare undera dutyto provide creche facilities to all the children
of women employees, who are under the age of 6 years. These rooms are required to provide
women workers with the necessary facilities for feeding and caring for their children. In addition,
employers must also provide milk and other refreshments, free of cost to the children. A
contravention of this provision carries a penalty of imprisonment of upto 2 years and/fine of Rs.2
lakh. Continuance of offence after conviction carries a further fine of Rs.1000 for every day the
offence continues.
4. Employersinthe miningindustrymustprovide theirworkerswithcreche facilitieswhere children as
well as nursing mothers are required to undergo a medical examination once every 2 months by a
registered medical practitioner.
5. Employers in charge of plantations that employ women workers, are obliged to provide creche
facilitiesforthe childrenof womenworkers,whoare underthe age of 6 years. These facilities must
be clean,ventilatedandadequatelyprovidedwiththe necessary facilities and equipment required
for the care of women and children. Contravention of this provision entails a penalty of
imprisonmentupto3 monthsand fine of Rs. 500 and a subsequentimprisonment of 6 months and
fine of Rs. 1000 for continuance of offence after conviction.
6. The employer of a workplace that involves women working with atomic energy, is under a duty to
provide creche facilities that are well ventilated, conveniently located, well-equipped and also
provide childrenwithfree refreshmentsandmilk.Womenworkersare providedwithfour15 minute
breaks in order to nurse and feed the child.
7. Employersof women workers in the Beedi industry are under a duty to provide creche facilities at
the work premises.These crechesmustbe well ventilated, adequately equipped, suitably lighted,
clean and sanitary. Free refreshments and milk must be provided to the infants, and the women
workersmustbe providedasuitable numberof breaksinorder to nurse and care for their children.
Contravention of these provisions carries a fine of Rs. 250 and on continuance of offence after
conviction, a subsequent fine of up to Rs. 500 and/imprisonment of upto 6 months.

8. Employers of women workers in the area of building and construction must make creche facilities
available towomenworkersfortheirchildrenunderthe age of 6 years. These creche facilities must
be clean, well ventilated and well-equipped with facilities for child care. Contravention of these
provisionscarrya fine of up to Rs. 1000 or Rs. 100 inadditionforeverydayof offence subsequentto
conviction.
9. Employersof factoriesthatordinarily employ thirty or more women workers, must provide creche
facilities.
Reference :
1996 (No. 27 of 1996). (Section 35)
2. Atomic Energy (Factories) Rules 1996 (G.S.R. 253). (Sections 73, 74, 75 and 76)
(Section 14)
4. Mines Creche Rules, 1966 (G.S.R. 516) [as amended, with comments and references to cases up to
1994]. (Section 10)
5. Maternity Benefit Act 1961 (No. 53 of 1961). (Section 11)
8. Benzene Convention, 1971 (No.Â 136) Direct Request 2015
Limits to women’s access to specific occupations, undertakings or shifts
1. Employers must ensure that women are restricted from certain tasks and occupations that may
pose a threat to their health. Women workers are to be restricted from taking on late night shifts,
unless necessary and are prevented from hoisting excessive weights or undertaking business
activities that are harmful to them, or their well being.
2. Employersare undera dutyto ensure thatwomenemployeesare notto be employedfordangerous
work, as has been identified in the Central Gazzette by the Government of India. Employers and
occupiersof minesare undera dutyto preventwomen from taking up a job below the ground, and
to only be employed during a fixed duration of time in the day, above ground.
Reference :
1) The Mines Act 1952 (No. 35 of 1952). (Section 46)
2) Bombay Shops and Establishments Act, 1948. (Section 34A)
3) The Factories Act 1948 (No. 63 of 1948). (Section 27 and Section 66)
4) Underground Work (Women) Convention, 1935 (No.Â 45) Direct Request 2010
Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
1) The law imposesanumberof obligationsonemployerswithreferencetothe employment of young
personsinvariousindustries.Thisrelatesto the hours of work, the kind of work, and the measures
put in place to safeguard the young worker's health and safety.

2) Employers are under an obligation to ensure that adolescent employees are not employed for a
duration longer than that specified in the Act.
3) Employers must place restrictions on the amount of weight to be lifted by young employees.
4) Employers are duty bound to prevent young employees from participating in dangerous business
activities, or from working beyond the prescribed duration of time.
Reference :
1) BuildingandOtherConstructionWorkers'(Regulationof EmploymentandConditionsof Service) Act
1996 (No. 27 of 1996). (Section 38)
2) Motor Transport Workers Act, 1961 (No. 27 of 1961). (Section 14)
3) Bombay Shops and Establishments Act, 1948. (Chapter VI)
4) The Factories Act 1948 (No. 63 of 1948). (Chapter VII of the Act)
5) Night Work of Young Persons (Industry) Convention (Revised), 1948 (No.Â 90) Observation 2016
6) NightWork of Young Persons (Industry) Convention (Revised), 1948 (No.Â 90) Direct Request 1994
RECORDING, NOTIFICATION AND INVESTIGATION OF ACCIDENTS/INCIDENTS AND DISEASES
1. The owner,agent,or managerof the mine isundera dutyto record the accidents,andenteritintoa
register. The employer is under a duty to maintain a record of all accidents.
• The Municipal Solid Waste (Management and Handling) Rules (Section 226)
• The Mines Act 1952 (No. 35 of 1952), (Section 23)
2. Near misses also fall under the definition of accidents and so the same provisions that apply to
occupational accidentsapplyhere as well. The employer is under a duty to maintain a record of all
the workers who have contracted a disease in the course of employment
• BuildingandOtherConstructionWorkers'(Regulation of Employment and Conditions of Service)
Act 1996 (No. 27 of 1996). (Section 226)
3. The employerisunderthe dutytogive notice of the accident to the Regional Labour Commissioner
(Central).
The employeris under the duty to give notice of the accident to the central authorities prescribed
within 48 hours of the accident occurring.
4. The employer is under a duty to send notice of the accident if it involves hazardous substances to
the Ministry of Environment and Forests.
• BuildingandOtherConstructionWorkers'(Regulation of Employment and Conditions of Service)
Act 1996 (No. 27 of 1996). (Section 210)
• The Manufacture, Storage and Import of Hazardous Chemicals Rules (Rule 5)
• The Factories Act 1948 (No. 63 of 1948). (Section 88)
OSH INSPECTION AND ENFORCEMENT OF OSH LEGISLATION
Appointment of OSH inspectors

1) In everyState,anInspectorate of Factoriesisestablishedwhichenforces the Factories Act 1948 and
the State FactoriesRulesandotherlabourrelatedstatutessuchas the ChildLabour(Prohibition and
Regulation) Act,1986, the MaternityBenefitAct,1961, The Employee'sCompensationAct, 1923 and
so on, as relating to factories. Factory Inspectors are appointed at local and district levels for
enforcing the provisions of these statutes. The Inspectorates of Factories are also staffed with
specialistsin the fieldof occupational healthandindustrial hygiene at their headquarters to extend
support to field inspectors.
2) The State Governmentmayappointpersonswith the prescribed qualifications to be inspectors for
the purpose of overseeing factories in the area assigned to them.
3) Persons with the prescribed qualifications to be inspectors for the purpose of overseeing mining
activities in mines, in the area assigned to them. Refer :
• The Mines Act 1952 (No. 35 of 1952). (Section 6 and 7)
4) Under the law,inspectorshave the powertoenterworkplacesinordertoconductinspectionsof the
work premises and investigations/inquiries into accidents or dangerous occurrences. Refer: The
Factories Act 1948 (No. 63 of 1948). (Section 9)
5) Inspectors have the power to enter the work premises and seize or take copies of any register or
document or any part thereof as may be considered necessary with respect to investigating an
offence committed on the work premises or any other examination to be conducted on the
premises. Refer: The Factories Act 1948 (No. 63 of 1948). (Section 9)
8) Inspectorshave the powertoissue orderstothe employerstotake certainstepstowardsremedying
safety and health problems on the work premises. Refer: The Factories Act 1948 (No. 63 of 1948).
(Section 9(f) and (h))
9) The Inspectorate only has the power to issue notice to the employers and to the prescribed
authority,whichwill thenresolvethe matter, thereby making a decision as regards fines and other
penalties. Refer: The Factories Act 1948 (No. 63 of 1948).
10) The inspector only has power to give notice of the non-compliance of the employer or occupier.
Refer: The Factories Act 1948 (No. 63 of 1948).
11) The inspectorhasthe powertostop the dangerousworkor the use of dangerousmachinery so long
as he or she is convinced that it poses a threat to the workers' safety and health. Refer: The
Factories Act 1948 (No. 63 of 1948). (Section 9(h)

14) The inspectorhasthe powertoorder the establishmenttocease itsworkuntil furthernotice. Refer:
The Factories Act 1948 (No. 63 of 1948). (Section 9(h))
APPLICATION OF SANCTIONS BY COURTS
1) Financial penalties for legal persons : Maximum – Rs. 1,25,000; Minimum – Rs. 500
2) Financial penalties for natural persons : Maximum - Rs. 1,25,000; Minimum – Rs. 500
3) Non-financial sanctions : Injunctions and temporary closure of work are some of the non-financial
sanctions that the Courts have imposed on non-compliant factory owners.
4) Criminal liability : The Indian Penal Code, 1860 and the Criminal Procedure Code, 1973 are the
mainstreamcriminal lawstatutesunderwhichprosecutionfor crimes such as manslaughter, can be
initiated. Refer :
• Code of Criminal Procedure of 1973.
• Penal Code (Act No. 45 of 1860).
5) Terms of imprisonment for natural persons : 3 months to 2 years.
• The Factories Act 1948 (No. 63 of 1948).

Occupational safety & health regulatory framework in india

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