In the quest for economic prosperity and social justice, the safety, health and well-being of every individual in the workforce are paramount. The Constitution of India and various international instruments underscore the significance of creating conducive work environments that prioritise employee health and safety. On Labor Day, the theme for this year is ‘Social Justice and Decent Work for All.’
Upholding Constitutional Values and International Standards
The Directive Principles of State Policy enshrined in the Indian Constitution highlights the government's responsibility to ensure the health and strength of employees, prevent child labor, and provide just and humane working conditions.
“India's constitution places a clear responsibility on the government and businesses to ensure worker safety. The recent spotlight on ESG is an opportunity to reaffirm workplace safety as a core pillar. Government-backed frameworks can amplify the efforts, helping businesses of all sizes uphold these constitutional values, mitigating risks and creating a more just workplace for all,” shares Smitha Shetty, Regional Director, APAC, Achilles Information.
Moreover, international instruments emphasise the fundamental human right to a safe and healthy working environment. This underscores the government's obligation to regulate economic activities and promote measures to mitigate health and safety risks at workplaces.
Evolution of OSH Policies in India
India's journey towards formulating comprehensive Occupational Safety and Health (OSH) policies dates back to the early decades of independence. The Factories Act, 1948, was among the first legislative measures aimed at regulating factory conditions and ensuring worker safety. Over the years, subsequent amendments and enactments have expanded the scope of OSH regulations to cover diverse sectors and emerging challenges.
“Labor Day reminds us of the ongoing fight for workers' rights. As we look back on how safety rules have evolved in our industry, we should be committed to keep a keen eye on safety and encourage open communication with our workers. Safety isn't a fixed target; it evolves with time,” shares Yancharla Rathnakara Nagaraja, MD, Ramky Infrastructure.
According to data from the Ministry of Labour & Employment's Directorate General Factory Advice Service & Labour Institutes (DGFASLI), between 2017 and 2020, an average of three fatalities and 11 injuries occurred daily due to accidents in India's registered factories. The latest available DGFASLI data reveals that India had a total of 3,63,442 registered factories in 2020, with approximately 84 per cent of them operational, employing a workforce of 20.3 million individuals. Over the span of four years leading up to 2020, an annual average of 1,109 fatalities and over 4,000 injuries were reported in these registered factories, as per DGFASLI records.
Roles and Responsibilities of Stakeholders
Effective implementation of OSH policies requires collaborative efforts from multiple stakeholders, including government agencies, employers, workers, trade unions and civil society organisations. While the government formulates policies and enforces regulations, employers bear the primary responsibility for providing safe working conditions, conducting risk assessments, and implementing preventive measures. Workers, on the other hand, have a right to refuse unsafe work and participate in OSH initiatives.
“Employers are only truly sustainable when they ensure the safety, health and welfare of their workers. It is not only a legal and moral obligation but also pay off economically in long run. While government regulations provide a framework for OSH, effective implementation rests on the shoulders of employers and workers. We have DOJO centers at our all 67 plants in India providing training on health and safety to all its workers in simulated environment before they are allowed to go on shopfloor. Our focus is on building a strong preventive culture with a vision to achieve zero-accident and zero fatality environment,” says Rakesh Mehta, CHRO, Uno Minda.
The Government of India, in consultation with stakeholders, has formulated robust policies and strategies to address occupational safety health and environmental concerns in workplaces. Recognising the intrinsic link between worker well-being and productivity, the government prioritises prevention and promotes education, training and consultation to enhance safety standards.
“It is crucial to understand that workers' rights in the real estate and construction industry go beyond just following rules. It's about being proactive in keeping workers safe and having open conversations with their representatives. Adherence and cognizance of internationally accepted standards, along with an involved approach with the Indian authorities does provide the best framework for worker safety. Yet the prevention of accidents is a proactive and continuous effort by all involved. An open line of dialogue with each and every worker is thus, paramount to safety,” adds Nagaraja.
Emerging Challenges and Proactive Approaches
The evolving nature of job patterns and working relationships, coupled with advancements in technology, presents new challenges in managing occupational safety and health risks. Industries must adapt to address emerging hazards, including exposure to chemicals, physical, chemical and biological agents, and the detrimental effects of stress in modern workplaces. Additionally, attention must be given to vulnerable groups such as migrant workers and those in risk-prone conditions.
“The extant laws do not directly address the issue of mental health of workers in factories, leave aside the unorganised sector. Perhaps, in view of the times when the laws were drafted, the intent of the legislature may not have taken into account this issue as it’s societal recognition and its interplay at the workplace/factory wouldn’t have been as significant enough or as significant as we recognise mental health issues to be today. That the Welfare Officer must have a social science qualification for eligibility in itself highlights the inadequacy of attention to this critical issue that impacts productivity as well as fates of families dependent on the workers,” highlights Amitabh Lal Das, an experienced General Counsel.
According to the International Labour Organization (ILO), work-related accidents and diseases result in millions of fatalities and injuries globally each year. In India, the situation is no different, with numerous incidents reported annually, underscoring the need for stringent regulations and proactive measures.
“Effective OSH policy implementation demands protection for all workers, including contractors and sub-contractors, throughout the entire supply chain. Collaborative policy development, involving businesses, trade unions, and other stakeholders, ensures seamless policy integration across diverse workforces. By sharing the responsibility and cost of implementation, businesses create a more sustainable and equitable path to improved health, safety, and well-being for all workers,” says Shetty.
Collaborative Efforts and National Goals
Ensuring safe and healthy work environments requires a coordinated effort from all stakeholders, including government agencies, employers, workers and civil society organisations.
“A skilled workforce and cutting-edge technologies are fundamental pillars supporting the Indian automotive industry's continued progress. According to a National Skill Development Corporation (NSDC) report, the industry requires nearly 15 million readily deployable and highly skilled personnel. The constant influx of new technologies like mechatronics, electrification and ADAS necessitates continuous upgradation and reskilling of the workforce. Fortunately, the government recognizes this critical skilling gap and has implemented various initiatives through skill development councils to benefit the automotive industry. These programs also focus on empowering women by enhancing their employability in the automotive sector,” comments Mehta.
By setting clear national goals and objectives, ministries and departments can develop tailored policies to address specific challenges in their respective sectors. Collaboration and synergy are essential to achieving sustainable progress in occupational safety, health and environmental performance.
“The national goals and the scope of collaboration between the stakeholders must have a focus on regularly assessing the impact of laws and mechanisms under the legal or industry practices framework and recalibrating measures so as to achieve the desired outcomes. The laws have been around for decades but if industrial disputes, accidents, discrimination, etc, still persist or have gone up, what is the effectiveness of those laws from the purpose backwards perspective. That thinking needs to be imbued in our national efforts towards a higher level of workers amelioration than in the past,” adds Das.
With a concerted effort and unwavering commitment to excellence, India can lead the way in setting new benchmarks for workplace safety, health and environmental sustainability.
