1.1 The
Constitution of India enshrines detailed provisions for the rights of the
citizens and other persons and for the principles to be followed by the States in
the governance of the country labeled as “Directive Principles of State
Policy”.
1.2 These
Directive Principles provide a) for
securing the health and strength of
workers, men and women, b) that the tender age of children are not
abused c) that citizens are not forced by economic necessity to enter
avocations unsuited to their age or strength, d) just
and humane conditions of work and maternity relief are provided and e) that the
Government shall take steps, by suitable legislation or in any other way, to
secure the participation of workers in the management of undertakings, establishments or other
organisations engaged in any industry.
1.3 On the
basis of these Directive Principles, the Government of India declares its policy, priorities and strategies,
purposes through the exercise of its power. She is committed to regulate all
economic activities among the several states and with foreign nations for
management of occupational safety and health risks and to provide measures for
protection of national assets and for the general welfare to assure, as far as
possible, every working man and woman in the nation safe and healthy working
condition and to preserve human resources.
1.4 The
formulation of policy, priorities and strategies in occupational safety, health
and environment at work places, is not undertaken by national authorities alone
but in some form of consultation with the social partners i.e. employees’
organisation, employers organisation, autonomous & voluntary organisations,
public etc. for agreement and involvement for ensuring set goals/objectives.
1.5 Government
of India firmly believes that without safe and healthful working conditions, social justice cannot be achieved and that attainment
of safety and health at work is fundamental
to economic growth.
1.6 The
changing job patterns and working relationships, the rise in self employment,
greater sub-contracting, outsourcing of work and the increasing number of
employees working away from their establishment and home work, pose the problem
of management of occupational safety and health risks. New safety hazards and
health risks will be appearing along with the transfer and adoption of new
technologies. In addition, many of the well known conventional hazards will
continue to be present at the workplace many years ahead till the risks arising
from exposure to these hazards are brought under adequate control.
1.7
Particular attention needs to be paid to the hazardous occupations and
of workers in precarious conditions such as migrant workers and various
vulnerable groups of workers.
1.8 The
increasing use of chemicals and biological agents with hazard potential unknown
to people; the indiscriminate use of agro-chemicals including pesticides, agricultural
machineries and equipment, and their impact on health and safety of exposed
population; industries with major accident risks; effects of computer
controlled technologies and alarming influence of stress at work in many modern
jobs may pose serious safety and health risks.
1.9 Work
related hazards and occupational diseases in small scale industries and
agriculture are likely to increase as the occupational safety and health
services are out of reach in these occupations.
1.10 The fundamental purpose of this National Policy on
Health, Safety and Environment at workplace, is to reduce the incidence of work
related injuries, diseases and fatalities.
2. GOALS:
With a view to improve the occupational safety and
health performance year by year, it is essential to -
2.1.
providing statutory framework including enactment of General Enabling
Legislation on OSH in respect of all sectors of economic activities, designing
suitable control systems of compliance, enforcement and incentives for better
compliance.
2.2 providing
administrative and technical support services.
2.3.
providing a system of incentives to employers and employees to
achieve higher health and safety
standards .
2.4.
establishing and developing the research and development capability
in emerging areas of risk and effective control measures.
2.5.
developing a proper interface between the work and the human resource
through a system of skill
improvement.
2.6
focusing prevention effort and monitor
performance through improved data
collection system on work related injury and disease.
3. OBJECTIVES:
3.1 The policy seeks to bring
the national objectives into focus as a step towards improvement in
occupational safety and health performance.
The objectives are to achieve
a) Continuous annual reduction in the incidence of work
related injuries, fatalities and diseases.
b) Continuous annual reduction in the cost of work place
injuries and diseases.
c) Extend coverage of work related fatalities, incidents
and diseases by national data sources as a means of better performance and
monitoring the same from time to time.
d)
Continuous increasing
community awareness regarding occupational safety and health related areas.
3.2 The
formulation of such a policy integrating it into the national economic plan
under the collaboration of the government, employers’ and workers’
organisations will ensure the action with the commitment of all social
partners. A key for the success will be
the formulation of a practical national policy which could be implemented as
suitable to local conditions in phases.
The country, as a whole, and the government and the social partners, in
particular, are committed for steady and sustainable development for economic
growth of the country. We, the all
concerned, are committed to preserve our national assets, the human resource
being the most priority concern, including the environment
3.3 For
the purpose of achieving the above referred objectives and goals, Government of
India draws out the action programme referred hereunder.
4. ACTION PROGRAMME
4.1. Enforcement
4.1.1 by providing an effective enforcement program which
shall include a prohibition against giving advance notice of any inspection and
sanctions for any individual violating this prohibition;
4.1.2 by
effectively enforcing all applicable laws and regulations concerning safety,
health and environment in all economic activities with such technical
variations as may be necessary for which there shall be adequate and qualified
inspection services.
4.1.3 By
creating a “National Safety, Health and Environment at Workplace Fund” to enable the effective implementation of
the policy.
4.1.4 by providing that employers and employees have
separate but complementary
responsibilities and rights with respect to achieving safe and healthful
working conditions;
4.1.5 by amending progressively the existing laws dealing
with safety, health and environment in line with the international instruments.
4.1.6 by monitoring
the adoption of national standards by regulatory authorities.
4.1.7 by facilitating the sharing of best practices and learning between OHS regulatory
authorities.
4.1.7 developing new enforcement methods including innovative
sanctions that encourage and ensure improved workplace performance.
4.2 National
Standards
4.2.1 by appropriately developing standards, codes of practices on safety, health and environment
for uniformity at the nation level in all economic activities consistent with
international standards and implementation by the stake holders in true spirit.
4.3 Compliance
4.3.1 by encouraging the States to assume the fullest
responsibility for the administration and enforcement of occupational safety
and health laws by providing grants to the States to assist in identifying
their needs and responsibilities in the area of occupational safety and health,
to develop plans and programmes in accordance with the provisions of the Acts,
to improve the administration and enforcement of State occupational safety and
health laws, and to conduct experimental and demonstration projects in
connection therewith;
4.3.2 by calling upon the cooperation in application of
social partners in supervision of the application of legislations and
regulations relating to safety, health and environment at work place.
4.3.3 by developing guidance on OHS management systems,
strengthening voluntary actions and establishing auditing mechanisms which can
test and authenticate management systems.
4.3.4 by providing
specific measures to prevent catastrophes, and to co-ordinate and make coherent
the actions to be taken at different levels, particularly in the industrial
zones where undertakings with high potential risks for workers and the
surrounding population are situated;
4.3.5 by recognizing the best safety and health efforts and
facilitating others to emulate their examples.
4.4 Awareness
4.4.1 by providing forums for consultations with employers’
representatives, workers’ representatives and community on matters of national concern
relating to safety, health and environment at work place with the overall
objective in creating awareness and enhancing national productivity.
4.4.2 by encouraging joint labour-management efforts to
preserve, protect and promote national assets and to reduce injuries and disease arising out of
employment.
4.4.3 by maximizing gains from the substantial investment
in awareness campaigns by sharing experience and learning.
4.4.4 by including occupational safety and health at work place
in schools higher technical, medical, professional and vocational courses.
4.4.5 by securing good liaison arrangements with the International organisations.
4.4.6 by providing medical criteria which will assure
insofar as practicable that no employee will suffer diminished health,
functional capacity, or life expectancy as a result of his work experience and
that in the event of such occupational diseases having been contracted,
suitably compensated.
4.4.7 by providing for appropriate reporting procedures
with respect to occupational safety and health to help achieve the objectives and to accurately describe the nature of the occupational safety and
health problem with a view to carry out national project study, surveys to
identify problem areas and pragmatic strategies.
4.5 Research and Development
4.5.1 by providing for research in the field of
occupational safety and health, including the social and psychological factors
involved, and by developing innovative methods, techniques, and approaches for
dealing with occupational safety and health problems;
4.5.2 by exploring ways to discover latent diseases,
establishing causal connections between diseases and work environmental conditions, and conducting
other research relating to health problems.
4.6 Occupational
safety and health skills development
4.6.1 by building upon advances already made through
employer and employee initiative for providing safe and healthful working
conditions;
4.6.2 by providing for training programs to increase the
number and competence of personnel engaged in the field of occupational safety
and health;
4.6.3 by integrating
health and safety into workplace, industry and professional training
programme, vocational, professional and enforcement agencies training
arrangements.
4.6.4 by providing
information and advice, in an appropriate manner, to employers and
organisations, with a view to eliminating hazards or reducing them as far as
practicable;.
4.7 Data collection
4.7.1 by compiling statistics relating to safety, health
and environment at work places, prioritizing key issues for action, conducting national
studies/surveys/projects through governmental and non-governmental
organisations and ensuring its compliance.
4.7.2 by reinforcing and sharing of national occupational safety, health and environment
at work place information amongst different stake holders through a national
network system on OSH.
4.7.3 by extending data coverage relevant to work-related
injury and disease, including measures of exposure, and occupational groups
that are currently excluded, such as self-employed people.
4.7.4 by extending data systems to allow timely reporting
and provision of information.
4.7.5 by
exploring partnerships to address areas where there is overlap between public
health and occupational risk.
4.8 Practical guidance
4.8.1 by providing practical guidance and encouraging
employers and employees in their efforts to reduce the incidence of
occupational safety and health risks at their places of employment, and to
stimulate employers and employees to institute new and to perfect existing
programs for providing safe and healthful working conditions;
4.8.2 by giving effect to the decisions by a Courts of
Law or other tribunals involving question of principles relating to the
application of safety, health and environment at work.
4.8.3 by developing the means for improved access to
information.
4.8.4 by facilitating
sharing of practical guidance developed within industry sectors and
jurisdictions.
4.9 Incentives.
4.9.1
by innovative financial and
non-financial incentives.
4.10 Review
4.10.1 National Policy shall be reviewed at periodical
intervals to assess relevance of the National Goals, for the adoption of
targets and development of action plans for their achievements.
5.
Summary
5.1 To
meet the challenges ahead there is a need to develop the co-operation of social
partners in the assessment and control of workplace risks by mobilising local
resources and extending protection to under-served working population and vulnerable
groups where social protection is meager.
5.2 We
are committed to review the National Policy on OSH and legislation
under tripartite collaboration; improve enforcement, statistics compilation and
analysis; develop special programmes for hazardous occupations and specific
sectors; set up training mechanisms; create nation-wide awareness; arrange for
the mobilisation of available resources and expertise.
5.3 The National Policy and programme envisages
total commitment and demonstration by all concerned stake holders such as
government and social partners. Through
dedicated and concerted efforts, India will, certainly and steadily, march
towards economic prosperity consistent with the requirements of safety, health
and environment at work place thereby improving the standard of living of the
people.