Ope 353

OPE 353 INDUSTRIIAL SAFETY
CAT 2
2 Marks
1. What is an international initiative?

The International Labour Organization estimates that, globally, around three million deaths each
year are directly attributed to inadequate safety measures and hazardous work environments,
with according to UNIDO [United Nations Industrial Development Organization] a loss of 3.9%
of worldwide GDP."Industrial safety gaps can cause significant hazards, both on a human and
financial level, and in the ever-changing landscape in which operate, there is an essential need
for the policy solutions proposed by the Industrial Safety Manifesto,"
2. What is Code of practice?

A code of practice is a written guideline issued by a professional association that lays out ethical
standards for a profession, trade, occupation, organization, or union. Codes of practice do not
usually carry the same force as legislation. Often, they consist of rules crafted in response to
actual or potential dangers observed on the job.
16 Mark Question
1. Explain the status and relationship of Acts?
STATUS AND RELATIONSHIP OF ACTS

The main objectives of OHS related legislation are:
 Providing a statutory framework including the enactment of a general enabling
 legislation on OHS in respect of all sectors of economic activities, and designing suitable
control systems of compliance, enforcement and incentives for better compliance.
Providing administrative and technical support services.
 Providing a system of incentives to employers and employees so that they achieve
 higher health and safety standards. Establishing and developing research and
development capabilities in emerging
 areas of risk and effective control measures. Reducing the incidence of work related
injuries, fatalities and diseases.
 Reducing the cost of workplace injuries and diseases.
 Increasing community awareness regarding areas related to OHS.

The Factories Act
This is an Act to consolidate and amend the law regulating abour in factories. It came
into force on the 1st day of April, 1949 as the Factories Act, 1948 and extends to the
whole of India (Government of India, 1948).
The legislation for labour welfare, known as the Factories Act, 1948, was enacted with
the prime objective of protecting workmen employed in factories against industrial and
occupational hazards. With that intent it imposes upon owners and occupiers certain
obligations to protect unwary as well as negligent workers and to secure employment
for them which is conducive and safe. The Act’s objective is to protect human beings
from being subjected to unduly long hours of bodily strain and manual labour. It
provides that employees should work in healthy and sanitary conditions as far as the
manufacturing process will allow and that precautions be taken for their safety and for
the prevention of accidents. In order to ensure that the objectives are carried out, local
governmentsareempoweredtoappointinspectorstocallforreturnsandtoensurethat the
prescribed registers are duly maintained.
The Act provides for the health, safety, welfare and other aspects of OHS for workers in
factories. It is enforced by the state governments through their factory inspectorates. It
also empowers the state governments to frame rules, so that local conditions prevailing
in the state are appropriately reflected in the enforcement, to make the punishments
provided in the Act stricter and that opportunities are taken advantage of to make
certain other amendments found necessary in the implementation of the Act.
It should not be forgotten that the Act sanctions interference with the ordinary rights
of the citizen and that the inquisitorial powers that are given should be used with act
and circumspection.
The Mines Act
This is an Act to amend and consolidate the law relating to the regulation o f labour and
safety in mines and extends to the whole of India.
The Indian Mines Act which is related to the regulation and inspection of mines was
passed in 1923. Although it has since been amended in certain respects, the general
framework has remained unchanged. Experience of the Act’s working revealed a
number of defects and deficiencies which hampered its effective administration. Some
of these necessitated new forms of control, while others required the tightening of
existing legal provisions. Therefore, it was considered necessary to thoroughly overhaul
the existing Act to amend and consolidate the laws relating to the regulation of labour
and safety in mines, which resulted in the enactment of the Mines Act, 1952
(Government of India, 1952).
The significant obligations under the Mines Act and the Mines Rules, 1955 include the
formation of safety committees in every mine where more than 100 persons are
employed; providing a notification of accidents and the appointment of workmen’s
inspectors by the manager (one inspectorforevery500 miners) (Government of India,
1952; Government of India, 1955). According to this Act the owner, agent or manager
has to remove any dangerous or defective situation, as per the directions of the
inspector. Further, the Act states that adolescents (not completed 15 years) are
prohibited from any mining operation; the initial and periodical examination of miners
is to be conducted and notice has to be provided for any notifiable diseases.
The Workmen’s Compensation Act

The objective of the Workmen’s Compensation Act is to make provision for the
payment of compensation to a workman only, i.e., to the concerned employee himself in
case of his surviving the injury in question and to his dependants in the case of his death
(Government of India, 1923).
An additional advantage of this type of legislation is that by increasing the importance

of adequate safety devices, it reduces the number of accidents that workmen have in a
manner that cannot be achieved by official inspection. Further, the encouragement
given to employers to provide adequate medical treatment for their workmen should
mitigate the effect of those accidents which occur very often. The benefit so conferred
on the workmen, added to the increased sense of security which they will enjoy, should
render industrial life more attractive and thus increase the available supply of labour. At
the same time, a corresponding increase in the efficiency of the average workman may
beexpected.Asystemofinsurancewouldpreventtheburdenfrompressingtooheavily on any
particular employer (Government of India, 1923).
TheActprovidesforcheaperandquickerdisposalofdisputesrelatingtocompensation through
special tribunals are possible under the civil law. The passage of time has widened the
courts’ approach and their approach has become more liberal, leaning towards the
workman.

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OPE 353 INDUSTRIIAL SAFETY

1. What is an international initiative?

2. What is Code of practice?

1. Explain the status and relationship of Acts?

STATUS AND RELATIONSHIP OF ACTS

 Providing a statutory framework including the enactment of a general enabling

 Providing a system of incentives to employers and employees so that they achieve

 Reducing the cost of workplace injuries and diseases.

 Increasing community awareness regarding areas related to OHS.

The Mines Act

The Workmen’s Compensation Act

An additional advantage of this type of legislation is that by increasing the importance

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