FIFTH INDIA-EU SEMINAR ON EMPLOYMENT AND SOCIAL POLICY OCCUPATIONAL SAFETY AND HEALTH

(NEW DELHI SEPTEMBER 19-20, 2011) CONCEPT PAPER ON OCCUPATIONAL SAFETY AND HEALTH INTRODUCTION A two-day 5th India-EU Joint Seminar on Occupational Safety and Health is scheduled to be held in New Delhi on 19 th and 20th September, 2011 as a follow up measure of the Memorandum of Understanding (MOU) on dialogue and co-operation in the area of employment and social policy signed by the Government of India with the European Union. The Seminar has been designed to look into the various aspects of Occupational Safety and Health in India. Some of the important issues which would be discussed during the seminar relate to Overview of OSH Institutional Framework in India, Effective Approach in Practical Risk Analysis and Risk Management and Topical Issues in Occupational Health Management. CONSTITUTIONAL FRAMEWORK IN INDIA The constitution of India enshrines detailed provisions for the rights of the citizens and other persons and for the principles in the governance of the country labeled as Directive Principles of State Policy. These Directive Principles provide for securing the health and strength of employees, men and women, that the tender age of children are not abused, that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength (Article 39), just and humane conditions of work and maternity relief are provided (Article 42), that the Government shall take steps, by suitable legislation or in any other way, to secure the participation of employee in the management of undertakings, establishments or other organizations engaged in any industry (Article 43A), for ensuring that no child below the age of 14 is employed to work in any factory or mine or engaged in any other hazardous employment (Article 24). On the basis of these Directive Principles and international instruments, the Government of India declares its policy, priorities, strategies and 1

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purposes through the exercise of its power and has enacted a number of Safety and health legislations to provide for Safety and Health of the workers. 3.0 EXISTING SET-UP OF OCCUPATIONAL SAFETY AND HEALTH IN THE WORKPLACE & SUGGESTIONS FOR IMPROVEMENT MINISTRY OF LABOUR AND EMPLOYMENT

3.1

3.1.1 Under the Constitution of India, Labour is a subject in the concurrent list where both the Central and the State Governments are competent to enact legislation subject to certain matters reserved for the Central Government. Occupational Safety and Health is one of the subjects allotted to Ministry of Labour & Employment under the Government of India Allocation of Business Rules. The Industrial Safety and Health branch of the Ministry discharges the overall functions relating to policy decisions and laying down guidelines for countrywide adoption. As most of the legislation on safety and health are Central Government legislations, the Ministry performs the important function of piloting the bills through Parliament after inter-ministerial consultations and consultations with the State Governments and other organizations of employers and employees. Liaison with the International Labour Organisation and other countries is carried out by the Ministry. 3.1.2 Co-ordination at the national level is undertaken by the Ministry by periodically convening the State Labour Ministers Conference and State Labour Secretaries Conference, in which policy matters and issues on uniformity in labour laws are discussed The Ministry of Labour & Employment, Govt. of India & Labour Departments of the States and Union Territories are responsible for the safety & health of the workers. Directorate General of Factory Advice Service & Labour Institutes (DGFASLI) and Directorate General of Mines Safety (DGMS) assist the Ministry in the technical aspects of Occupational Safety & Health in factories & port sectors and mines respectively. 3.2 DIRECTORATE GENERAL OF FACTORY ADVICE SERVICE & LABOUR INSTITUTES (DGFASLI)

3.2.1 The Directorate General of Factory Advice Service & Labour Institutes, (DGFASLI) being the technical organization of the Ministry, liaises with the State Factory Inspectorates and advises them on the administration of the Factories Act, 1948, Besides, DGFASLI, carries out important functions of providing training for Factory Inspectors and co-ordinates their training outside the country. 2

3.2.2 The Central Labour Institute at Mumbai and Regional Labour Institutes at Chennai, Kanpur, and Kolkata and Faridabad are having professionals from various disciplines such as Engineering, Management, Hygiene, Occupational Health, Industrial Physiology, Ergonomics, Industrial Psychology, etc. These institutes have facilities for conducting research and consultancy studies in various areas of safety and health in an integrated manner and arrive at practical solutions to the problems. 3.2.3 The Director General, DGFASLI is also Chief Inspector of Dock Safety under the Dock Workers (Safety, Health and Welfare) Act, 1986 in respect of major ports. Dock Safety Inspectorates are established in all major ports. The Dock Safety Division at the headquarters coordinates with the Dock Safety Inspectorates regarding enforcement activities and also for bringing about amendments in statutes concerning dock work. 3.2.4 DGFASLI assists the Ministry of Labour & Employment, Government of India in the operation of Prime Ministers Shram Awards (PMSA), National Safety Awards (NSA), and Vishwakarma Rashtriya Puraskar (VRP). 3.3 DIRECTORATE GENERAL OF MINES SAFETY (DGMS)

3.3.1 Under the Constitution of India, Safety, Health and Welfare of persons employed in mines are the concern of the Central Government (Entry 55Union List-Article 246). The objective is regulated by the Mines Act, 1952 and the rules and regulations framed thereunder. In order to achieve such objectives, rules and regulations are made:a) b) c) Coal Mines Regulations, 1957; Metalliferous Mines Regulations, 1961; and Oil Mines Regulations, 1984.

3.3.2 Besides the Mines Act, 1952 and the Rules and Regulations framed thereunder, the Indian Electricity Act, 2003 and the Indian Electricity Rules, 1956, and the Land Acquisition (Mines) Act, 1885) are also applicable to mines. 3.3.3 The main functions of DGMS are to carry out Inspection of mines, Investigations and Enquiries into Accidents, Dangerous Occurrences and Attending to complaints etc. Grant of: Statutory Permissions, Exemptions & Relaxations, Approval of mine safety equipment, material & appliances, Interactions for development of safety equipment, material and safe work practices through Workshop, Seminars, Discussions etc., Development of Safety Legislation & Standards and Dissemination of Safety Information 3

3.3.4 DGMS also conduct Examinations for grant of Certificates of Competency and Safety Promotional Initiatives like Organisation of Conference on Safety in Mines, National Safety Awards, Safety Weeks & Campaigns, Promoting of safety education and awareness programmes and ensuring workers participation in safety management through workmens inspector, safety committee and tripartite safety committee 3.4 STATE FACTORIES FACTORIES DIRECTORATES/ CHIEF INSPECTOR OF

3.4.1 The provisions under the Factories Act, 1948 and the State Factories Rules notified there under are enforced by the Department of Labour of respective State governments. For this purpose, in every State Inspectorate of Factories is established which enforces the Factories Act 1948 and the State Factories Rules and other labour related statutes such as the Child Labour (Prohibition and Regulation) Act, 1986; the Maternity Benefit Act, 1961; The Employees Compensation Act, 1923 etc. 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 specialists in the field of occupational health and industrial hygiene at their headquarters to extend support to field inspectors. 3.5 ROLE OF INTERNATIONAL STANDARDS LABOUR ORGANISATION (ILO)

3.5.1 While framing the legislations concerning safety and occupational health, the Government of India, as one of the founding members of the ILO derives inspiration from the various conventions, recommendations and codes of practices framed by ILO in this regard. The ILO has so far adopted 182 conventions and 190 recommendations encompassing subjects such as workers fundamental rights, workers protection, social security, labour welfare, occupational safety, women & child labour, migrant labour, indigenous and tribal people, etc. The Government of India has so far ratified 41 ILO conventions, 3.6 NATIONAL POLICY ON OCCUPATIONAL SAFETY, HEALTH & ENVIRONMENT AT WORK PLACE

3.6.1 The National Policy on Safety, Health and Environment at work place was declared by the Govt. of India on 20-02-2009 by the Hon'ble Finance Ministry Shri Pranab Mukherjee. The fundamental purpose of the National Policy is not only to the eliminate the incidence of the work related injuries diseases, fatalities, disaster and loss of national assets and ensuring 4

achievement of high level occupational safety and health through proactive approaches but also to enhance the well-being of the employee and society at large. 3.7 NATIONAL LEGISLATIONS ON OCCUPATIONAL SAFETY AND HEALTH (OSH)

3.7.1 At present there are comprehensive safety and health statutes for regulating safety and health of persons at work in respect of four sectors namely, factories, docks, mining and construction sectors and these statutes are highly sector-specific. The approach in these statutes is to lay down specific and detailed requirements to prevent risk of injuries in specific operations and circumstances. 3.8 THE FACTORIES ACT, 1948

3.8.1 The Factories Act, 1948 is applicable to those units where manufacturing process is carried out employing 10 or more worker with the aid of power or 20 or more workers are employed without the aid of power or where the state government is of the opinion that the manufacturing process or operations carried out exposes any person employed in it to a serious risk of bodily injury, poisoning or disease The object of the Factories Act, 1948 is to secure the workers employed in the factories health, safety, welfare, working hours, leave and other benefits. 3.9 THE DOCK WORKERS (SAFETY, HEALTH & WELFARE) ACT, 1986 AND THE REGULATIONS, 1990.

3.9.1 The Dock Workers (Safety, Health and Welfare) Act, 1986 aims at providing for safety, health and welfare of workers employed in loading, unloading, movement or storage of cargoes into or from ship, port, dock, etc. DG, DGFASLI is appointed as the Chief Inspector of Dock Safety and enforces the Act in the Major Ports of India through the Inspectorates Dock Safety in these ports. The Central Government has notified the Dock Workers (Safety, Health and Welfare) Regulations, 1990 which is applicable to the 12 major ports in India. 3.9.2 Some of the important aspects covered in the Regulations framed under the Act relate to Fencing of Dangerous Places, work on Staging, illumination, fire protection, means of access, working spaces in ships, dangerous and harmful environment, construction, maintenance and testing of lifting appliances, loose gears and wire ropes, Transport Equipment, Handling of Cargo, Stacking and Un Stacking, Handling of Dangerous Goods and Containers, reporting of accidents and 5

Occupational Diseases, appointment of Safety Officers and Welfare Officers, Cleanliness, washing Facilities, First Aid, Canteens, rest Sheds, Medical Examination and Training of Dock Workers, Occupational Health Services, Emergency Action Plans Employers and Employee General Obligations etc. 3.10 The Mines Act 1952

3.10.1 The Mines Act, 1952 deals with the matters relating to safety, health and welfare of persons employed in mines including oil mines. The Act specifies the provisions for regulating employment of persons, leave with wages, duties and responsibilities of owner, agent and manager, drinking water, First-Aid and rest shelters, medical examinations and occupational health surveys, notice of accidents and occupational diseases in addition to framing of rules, regulations and byelaws on specific subjects including the penalty provisions for violations of this Act. 3.11 The Building and other Construction Workers Act 1996

3.11.1 The Building and Other Construction Workers (Regulations of Employment and Conditions of Service) Act, 1996 aims at regulating the employment and conditions of services of building and other construction workers and providing for their safety, health and welfare measures. 3.12 CONCLUSION

3.12.1 The Occupational Safety and Health System, Policies and Programmes under the various sectors such as manufacturing, port, mines and construction sectors, are to be implemented with high Occupational Safety and Health Standards which will go a long way in ensuring the Safety and Health of employees in these sectors. 3.12.2 The effective implementation of the National Policy on Safety, Health and Environment at Work Place with the coordinated efforts of the Central and State Governments, and all stakeholders would ensure enhanced Occupational Safety and Health Standards in India. 3.12.3 The following are the Areas concerning Occupational Safety and Health wherein cooperation with the European Union could result in improved working conditions of the workers at workplace. Development of National Network System on Occupational Safety & Health with linkage of Ministry of Labour & Employment (MOL&E) with Concerned Ministries of Central & State Government, DGFASLI, DGMS, 6

ESI. Labour Department Directorates/Inspectorates of Factories of all States and Union Territories, International Bodies of repute such as BVQI, TNO, DNV etc and other stake holders. Occupational Safety and Health and Welfare issues in Micro, Small and Medium Enterprises (MSME) and Unorganized Sector including Construction Sector. Conduct of seminars, workshops, training programmes and research activities in the field of Safety, Health and Environment at work place including Social and Psychological Factors jointly by the Experts of India and European Union. Development of a Suitable System Professionals, Institutions and Services. of Accreditation of Safety

Exchange of Information, Sharing of Experience and Best Practices, undertaking Missions, Visits, etc. Development of Training/Information Materials such as leaflets, Films, Presentations etc. Capacity building of DGFASLI and Inspectorate/Directorates of Factories in the Modern Techniques of Inspection, Chemical Process Safety, Hazard Identification and Risk Assessment (HIRA), Auditing, Surveying etc. the field of Occupational Safety and Health. ---------o-------

II.

INTRODUCTORY SESSION : OVERVIEW OF OSH INSTITUTIONAL FRAMEWORK IN INDIA INTRODUCTION The constitution of India enshrines detailed provisions for the rights of the citizens and other persons and for the principles in the governance of the country labeled as Directive Principles of State Policy. These Directive Principles provide for securing the health and strength of employees, men and women, that the tender age of children are not abused, that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength (Article 39), just and humane conditions of work and maternity relief are provided (Article 42), that the Government shall take steps, by suitable legislation or in any other way, to secure the participation of employee in the management of undertakings, establishments or other organizations engaged in any industry (Article 43A), for ensuring that no child below the age of 14 is employed to work in any factory or mine or engaged in any other hazardous employment (Article 24). On the basis of these Directive Principles and international instruments, the Government of India declares its policy, priorities, strategies and purposes through the exercise of its power. The Government is committed to regulate all economic activities within the country with a view to ensuring that every working employee is provided with safe and healthful working conditions. Accordingly, Govt. of India enacted the statutes relating to Occupational Safety & Health (OSH) at workplaces namely The Mines Act, 1952 and Rules and Regulations framed thereunder; The Factories Act, 1948 and Rules framed thereunder; Dock Workers (Safety, Health and Welfare) Act, 1986 and Regulations and Rules framed thereunder; The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and Rules framed thereunder; The Dangerous Machines (Regulation) Act, 1983 and Rules framed thereunder; The Insecticides Act, 1968 and Rules framed thereunder; The Shops and Establishments Act of State Governments; The Beedi and Cigar Workers (Conditions of Employment) Act, 1966; The Municipal Solid Waste (Management and Handling) Rules, 2000 notified under the Environment (Protection) Act, 1986; The Manufacture, Storage & Import of Hazardous Chemicals Rules, 1989; The Electricity Act, 2003 etc. These are some of the important statutes covering OSH aspects of workers. An overview of Occupational Safety & Health Institutional frame work in 8

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India is covered in detail highlighting the initiatives taken by Indian Government in OSH. 2. 2.1 INSTITUTIONAL FRAMEWORK IN INDIA In India, there are about 3,09,618 registered factories with total employment of 1,21,41,881 out of which 1,05,45,060 are men workers and 15,96,821 are women workers. In the year 2008, as per the data released by DGFASLI vide Standard Reference Note 2009, the Safety organization in these factories is taken care by 2,164 Safety Officers. The Safety Policy has been declared by 14,120 Factories and as such 12,802 Safety Committees are functioning in these registered factories. As for as the injuries in factories are concerned, there were a total of 330 04 injuries including 1493 fatal injuries during the year 2009. There were 23 fatal accidents, 140 reportable accidents and 16 dangerous occurrences in 11 Major Ports during the year 2009. The statistics of industrial injuries in factories during the year 2000 2007 is given as follows:
Year Fatal Injuries Total Injuries Frequency Rate (FR) Fatal Total Injuries Injuries 0.07 3.6 0.07 3.24 0.13 4.88 0.08 2.50 0.05 1.33 0.05 1.27 0.08 1.42 0.09 1.73 Incidence Rate (IR) Fatal Total Injuries Injuries 0.22 10.93 0.19 8.67 0.16 6.14 0.11 3.33 0.08 2.21 0.09 2.06 0.13 2.41 0.10 1.91

2000 486 23976 2001 627 28364 2002 540 20453 2003 525 16432 2004 562 15020 2005 613 14776 2006 1068 19912 2007(P) 821 15290 Source : Labour Bureau, Shimla.

3.

DIRECTORATE GENERAL OF FACTORY ADVICE SERVICE & LABOUR INSTITUTES (DGFASLI) The Institutional Framework in India originates with the setting up of Office of Chief Advisor of Factories in the year 1945 subsequently renamed as Directorate General Factory Advice Service and Labour Institutes (DGFASLI), Mumbai under Ministry of Labour and Employment, Government of India in the early 60s with the objective of providing technical advice and services to the Central and State Governments, Industries and Ports on various Occupational Safety and Health related issues. The Directorate General of Factory Advice Service & Labour Institutes, (DGFASLI) being the technical organization of the Ministry, liaises with the 9

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State Factory Inspectorates and advises them on the administration of the Factories Act, 1948, the infrastructural facilities required for the purpose and issuance of Rules under the Act. Amendments to the Act are dealt with by discussing those issues in the Conferences of Chief Inspectors of Factories belonging to the State and Union Territories, and their recommendations are communicated to the State Governments through the Ministry for follow-up action by them. Besides, the DGFASLI, on behalf of the Ministry, carries out important functions of providing training for Factory Inspectors and co-ordinates their training outside the country. Considering the number of industries in the country and the fact that the State Governments have the major responsibility for enforcement, training in safety and health for personnel from industries is carried out by the five Labour Institutes of the DGFASLI. 3.3 The Central Labour Institute at Mumbai and Regional Labour Institutes at Chennai, Kanpur, and Kolkata and Faridabad are having professionals from various disciplines such as Engineering, Management, Hygiene, Occupational Health, Industrial Physiology, Ergonomics, Industrial Psychology, etc. These institutes have facilities for conducting research and consultancy studies in various areas of safety and health in an integrated manner and arrive at practical solutions to the problems. The formulation of policy, priorities and strategies in occupational safety, health and environment at work places, is undertaken by national authorities in consultation with social partners for fulfilling such objectives. A critical role is played by the Government and the social partners, professional safety and health organizations in ensuring prevention and in also providing treatment, support and rehabilitation services. Government of India firmly believes that without safe, clean environment as well as healthy working conditions, social justice and economic growth cannot be achieved and that safe and healthy working environment is recognized as a fundamental human right. Education, training, consultation and exchange of information and good practices are essential for prevention and promotion of such measures. The Director General, DGFASLI is also Chief Inspector of Dock Safety under the Dock Workers (Safety, Health and Welfare) Act, 1986 in respect of major ports. Dock Safety Inspectorates are established in all major ports. The Dock Safety Division at the headquarters coordinates with the Dock Safety Inspectorates regarding enforcement activities and also for bringing about amendments in statutes concerning dock work.

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Directorate General of Mines Safety (DGMS) Under the Constitution of India, Safety, Health and Welfare of persons employed in mines are the concern of the Central Government (Entry 55Union List-Article 246). The objective is regulated by the Mines Act, 1952 and the rules and regulations framed thereunder. In order to achieve such objectives, rules and regulations are made:To regulate technical operations in mines, separate codes of regulations have been framed in respect of coal, metalliferous and oil mines. The Codes of Regulations currently in force are:a) b) c) Coal Mines Regulations, 1957; Metalliferous Mines Regulations, 1961; and Oil Mines Regulations, 1984.

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Welfare, Health and Medical Surveillance, Workers Participation in Safety Management in respect of coal, metalliferous and oil mines have been elaborated in the Mines Rules, 1955. In order to provide for rescue of work persons in the event of explosion, fire etc. the Mines Rescue Rules, 1985, have been framed. These apply to coal and metalliferous underground mines. To equip the mine workers in all types of mines, to recognise and deal with hazards the Mines Vocational Training Rules, 1966, have been framed. The Mines Creche Rules, 1966 and the Coal Mines Pit Head Bath Rules, 1959 have been framed to provide for shelter to children of female employees in all mines and bathing facilities for workers employed in coal mines respectively. STATE FACTORIES FACTORIES DIRECTORATES/ CHIEF INSPECTOR OF

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The provisions under the Factories Act, 1948 and the State Factories Rules notified there under are enforced by the Department of Labour of respective State governments. For this purpose, in every State Inspectorate of Factories is established which enforces the the Factories Act 1948 and the State Factories Rules and other labour related statutes such as the Child Labour (Prohibition and Regulation) Act, 1986; the Maternity Benefit Act, 1961; The Workmens Compensation Act, 1923 etc. as relating to factories. Factory Inspectors are appointed at local and district levels for enforcing the provisions of these statutes. The 11

Inspectorates of Factories are also staffed with specialists in the field of occupational health and industrial hygiene at headquarter to extend support to field inspectors. 6. NATIONAL POLICY ON SAFETY, HEALTH AND ENVIRONMENT AT WORK PLACE The National Policy on Safety, Health and Environment at Work Place was declared by the Honble Minister for Finance, Shri Pranab Mukherjee on the 20th February, 2009 at New Delhi during the Indian Labour Conference. Government of India recognizes that safety and health of workers has a positive impact on productivity and economic and social development. Accident and Injury prevention is an integral part of economic activities as high safety and health standard at work is as important as good business performance for new as well as existing industries. Government of India firmly believes that without safe, clean environment as well as healthy working conditions, social justice and economic growth cannot be achieved and that safe and healthy working environment is recognized as a fundamental human right. Education, training, consultation and exchange of information and good practices are essential for Accident prevention and promotion of such measures. The fundamental purpose of this National Policy on Safety, Health and Environment at workplace, is not only to eliminate the incidence of work related injuries, diseases, fatalities, disaster and loss of national assets and ensuring achievement of a high level of occupational safety, health and environment performance through proactive approaches but also to enhance the well-being of the employee and society, at large. The necessary changes in this area will be based on a coordinated national effort focused on clear national goals and objectives. The Government of India firmly believes that building and maintaining a National Preventive Safety and Health Culture needs to be developed in close involvement of the social partners to meet the challenges ahead in the assessment and control of work place risks by mobilizing local resources and extending protection to such working population and vulnerable groups. The policy aims to develop such a culture by providing statutory frame work on occupational safety and health in respect of all sectors of industrial activity through designing suitable control system of compliance, 12

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enforcement and incentives for better compliance, focusing on prevention strategies and monitoring performance through improved data collection system on work related injuries and diseases, developing and providing required technical man-power and knowledge, incorporating teaching inputs on safety, health and environment at work places in schools, technical, medical, professional, vocational courses and distance education programs, providing for research and development, improved data collection system and extending coverage relevant to work related injuries and diseases including measures of exposure and occupational groups that are currently excluded. 7. OTHER INSTITUTIONS CONNECTED WITH INSTITUTIONAL OSH FRAMEWORK The Institutional OSH Framework is also extended through National Safety Council (NSC) which was set up on 4th March, 1966 by the Ministry of Labour and Employment, Government of India as a non-profit making, non-political voluntary organization, the objective of which is to generate, develop and sustain a voluntary movement at the National level to promote awareness of safety, health and environment, so as to supplement and strengthen Government efforts in the field. To provide the voluntary safety movement at the Regional level, the Council has subsidiary Chapters in various States across the country. Institutional OSH framework is also extended through Employers Associations like Confederation of Indian Industries, All India Manufacturers Association, Madras Management Association, Indian Chemical Manufacturers Association, Employers Federation of Southern India, Federation of Indian Chamber of Commerce and Industries, etc. who also take up the cause of OSH of workforce on various Governmental and Institutional Forums. It has also been extended through establishment of Labour Unions at National, State and Unit level who take up the cause of occupational safety and health of the workforce on various Governmental and Institutional forums. Certain Universities / Technical Institutions like National Institute of Technology, Trichirappalli, few other Engineering Colleges, Industry Associations, etc. across the country runs professional industrial safety programmes like M.E. (Industrial Safety), Diploma in Industrial Safety, Industrial Safety Certification Course, etc. for the benefit of industries also forms part of the Governmental / Institutional OSH Framework. The syllabus of Engineering Graduation / Diploma Course includes OSH component which highlights the importance given to the occupational safety and health improvement in the country. Certain Universities and 13

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Medical Colleges across the country who runs certification on Industrial Health for the benefit of industries also forms part of the Institutional OSH Framework. 7.4 Certain Institutions such as National Environment Engineering Research Institute, Nagpur, National Institute of Industrial Engineers, Bureau of Indian Standards, National Institute of Occupational Health, Ahamedabad, Industrial Toxicology Research Centre, Lucknow, All India Institute of Health and Hygiene, Kolkatta, etc., who carries out OSH related activities in the country also forms part of Institutional OSH framework in India. As regards the Institutional Framework which exists in Europe the EU delegates may be requested to provide a brief of the existing scenario prevalent there. CONCLUSION The ultimate goal of all Occupational Health and safety programs is to foster a Safe Work Environment. The implementation of Occupational Safety and Health also protect co-workers, family members, employers, customers, suppliers, nearby communities, and other members of the public who are likely to be impacted by the accidents and dangerous occurrences in them. It also involves interactions among many subject areas, including occupational medicine, Industrial Hygiene, public health, safety engineering, chemistry, health physics, ergonomics, toxicology, epidemiology, environmental health, industrial relations, public policy, industrial sociology, medical sociology, social law, labour law and occupational health psychology. The coordinated and joint efforts between Indian and European Governments on Occupational safety and health Management Systems would pave way for improved SHE at workplaces. It is suggested that the OSH Institutional Framework in India could be strengthened by cooperation with the European Union in the following areas: Strengthening of the Enforcement Systems in the Manufacturing, Port, Mining and Construction Sectors by enhancing Capabilities of DGFASLI and Inspectorate/Directorates of Factories Officials in the Modern Techniques of Inspection, Chemical Process Safety, Hazard Identification and Risk Assessment (HIRA), Auditing, Surveying etc

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Development of OSH Information system for improved Data Collection on, Occupational accident, injuries and diseases and ensuring timely reporting of the same to develop suitable control strategies. Exchange of Information, Sharing of Experience and Best Practices for adoption of the same. Development of a Suitable System of Accreditation of Safety Professionals, Institutions and Services. ------o------

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III.

WORKING SESSIONI : EFFECTIVE APPROACH IN PRACTICAL RISK ANALYSIS AND RISK MANAGEMENT INTRODUCTION Hazard is a characteristic of the system/plant process or material that represents a potential for an accident causing damage to people, property or the environment and the risk is the product of probability of an occurrence and the magnitude of its Consequences. Risk Analysis deals with analyzing the risk, qualitatively and quantitatively. Risk Assessment is a decision making process by which acceptability of the risk is studied. The Risk Management is a process of identification, assessment and prioritization of risk followed by coordinated and economical application of resources to minimize, monitor and control the probability and / or in the impact of undesired events. The risk reduction is also a component of risk management and in case of unacceptability of risk; the risk reduction methods are considered to reduce the risk to the acceptable level. The chemical disasters worldwide are classic examples to highlight the need for the implementation of Risk Management programmes in industries, including conducting Risk Analysis studies in industries. RISK MANAGEMENT Risk Assessment Process is the process by which the results of risk analysis are utilized to make decision on whether to accept the risk or not. It helps in analyzing potential losses from a given hazard or threat using a combination of known information about the situation, knowledge about the underlying process, and judgment about the information that is not known or well understood. Thus, the risk beyond the acceptable levels should be provided with risk reduction and risk management techniques and methodologies such as to bring the risk level below or at least up to the acceptable level. Hence, the process of risk assessment requires risk estimation and accepted criteria for necessary evaluation and decision making. Risk assessment has become a more structured activity during the past 50 years and increasingly, is being used in major policy decisions around the world. It has become a dominant public policy tool for making choices, based on limited resources, to protect public health and the environment. QUANTITATIVE RISK ASSESSMENT Quantitative Risk Assessment (QRA) is a mathematical approach to predict the risks of accidents and give guidance on appropriate means of 16

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minimizing them. Nevertheless, while it uses scientific methods and verifiable data, and its results have a large degree of uncertainty. QRA should not be the only input to decision-making about safety, as other techniques based on experience and judgment may be appropriate as well. 3.2 Risk assessment does not have to be quantitative, and adequate guidance on minor hazards can often be obtained using a qualitative approach. The first stage is system definition, defining the installation or the activity whose risks are to be analyzed. Then hazard identification consists of a qualitative review of possible accidents that may occur, based on previous accident experience or judgment where necessary. Once the hazards have been identified, frequency analysis estimates how likely it is for the accidents to occur. The frequencies are usually obtained from analysis of previous accident experience, or by some form of theoretical modeling. Consequence Modeling evaluates the resulting effects if the accidents occur, and their impact on personnel, equipment and structures, the environment or business. Estimation of the consequences of each possible event often requires some form of computer modeling, but may be based on accident experience or judgments if appropriate. When the frequencies and consequences of each modeled event have been estimated, they can be combined to form measures of overall risk. Risk to life is often expressed in two complementary forms. They are Individual Risk - the risk experienced by an individual person. Societal Risk - the risk experienced by the whole group of people exposed to the hazard. 3.3. Up to this point, the process is known as Risk Analysis. The next stage is Risk Criteria, which are yardsticks to indicate whether the risks are acceptable, or to make some other judgment about their significance. This step begins to introduce the issues of risk acceptability and decisionmaking, and this process is known as Risk Assessment. NATIONAL POLICY ON SAFETY, HEALTH AND ENVIRONMENT AT WORK PLACE PERTAINING TO RISK ANALYSIS AND RISK MANAGEMENT The relevant Clauses under the National Policy on Safety, Health and Environment at Work Place pertaining to risk assessment are covered under Clause: 4.3.4 Clause: 4.4.10 Clause: 4.5.1 and Clause: 4.6.3 17

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LEGAL PROVISIONS RISK ANALYSIS AND RISK MANAGEMENT IN INDIA THE FACTORIES ACT, 1948

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5.1.1 Section 7 A - General duties of the occupier, Section 7 B - General duties of manufacturers, etc. as regards articles and substances for use in factories, Section 41- B (4) of Chapter IV A of the Factories Act, 1948 and Rule 82 A of the Model Factories Rules under The Factories Act, 1948 are the legal provisions under The Factories Act, 1948 in connection with Risk Analysis and Risk Assessment: 5.2 MINES SAFETY ACT, 1952

5.2.1 As per the Coal and Metalliferous Mines Regulations as well as in accordance with the provisions of Mines Rescue Rules, every mine should prepare an emergency plan in accordance with the risks of dangers existing in such mines. Such emergency plans are examined by DGMS and approves the emergency plan which are to be implemented at time of emergency. 5.2.2 There is a system to monitor the risk of accidents due to inundation, fires and explosions in mines but updating and review by an independent safety auditor and risk management expert is lacking. 5.3 MANUFACTURE, STORAGE CHEMICAL RULES, 1989 AND IMPORT OF HAZARDOUS

5.3.1 Under the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 framed under the Environment (Protection) Act, 1986 require Risk Analysis and Risk Management under the following rules: Information to be furnished for the notification of Sites - Part I Schedule -7 [Rule 7(1)] Information to be furnished in a Safety Report - Schedule-8 [Rule 10(1)] Information on the Hazards Assessment Information to be furnished for the notification of Sites - Part I Schedule -7 [Rule 7(1)] Information to be furnished in a Safety Report - Schedule-8 [Rule 10(1)]

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6. 6.1

RISK ASSESSMENT PROCESS Basic purpose of Occupational Safety and Health (OSH) Risk Assessment and Management is to create a mechanism involving all concerned at various levels so that dangerous events and accidents may be prevented. Health and safety management systems include well-documented modules of safety management method in form of action procedures at all levels of management and decision making. The Safety Management System must:a. b. c. d. e. f. Define safety and health policy of a company, Contain a plan to implement the policy, State how to develop capabilities to achieve the policy, Include principal hazard management plans, Include standard operation procedures, Contain ways to measure, monitor and evaluate performance of the safety management system, correct matters that do not conform with the safety management system, Contain a plan to regularly review and continually improve the safety management system, Contain a plan to review the safety management system if significant changes occur,

6.2

g. h.

6.3

Risk Management The main elements of the risk management process are:Establishing the context - This step will establish the strategic, organisational and risk management context in which the rest of the process will take place. Criteria against which risk will be evaluated are established and the structure of the analysis is defined. Identify risks - Identify what, why and how things can arise as the basis for further analysis. Analyse risks - Determine the existing controls and analyse risks in terms of likelihood and consequences in the context of those controls. The analysis should consider - (a) how likely is an event to happen, and (b) what are the potential consequences and their magnitude.

19

Evaluate and prioritise risks - Compare estimated levels of risk against the pre-established criteria. Risks are then ranked to identify management priorities. Treat risks - Monitor low priority risks. For other risks develop and implement a specific management plan, which includes consideration of funding. Monitor and review - Monitor and review the performance of the risk management system and changes which might affect it. 7. 7.1 EXPOSURE ASSESSMENT An exposure assessment is the determination or estimation (qualitative or quantitative) of the magnitude, frequency, duration, and route of exposure for each potential or actual receptor population to be evaluated in the risk assessment. During the exposure assessment, the risk assessor: characterizes the exposure setting to identify the potentially exposed receptors, their activity patterns, and any other characteristics that might increase/decrease their likelihood of exposure; identifies exposure routes (develops a conceptual site model) and scenarios; estimates the exposure concentration; and calculates a chemicalspecific intake or dose. 8. 8.1 INDIAN STANDARDS RELATED TO RISK ASSESSMENT The followings are the Indian standards related to Risk Assessment in Industries. i) IS 15656 : 2006 Hazard Identification and Risk Analysis Code of Practice This code of practice is intended for Safety professionals and Engineers in the areas of Chemical Plant safety to upgrade safety performance and covers the methods of identifying, assessing and reducing hazards including evaluation and selection of methods for particular applications. This standard also prescribes format for Risk Analysis report.

20

ii)

IS 18001: 2007 Occupational Health and Safety Management System Requirements with guidance for use. This standard provides guideline for identification, assessment and control of risk in industries.

9. 9.1

RECENT TRENDS AND PRACTICES ALARP PRINCIPLE

9.1.1 ALARP stands for "as low as reasonably practicable", and the principle defines an upper threshold above which no risk is tolerable and a lower threshold, below which risk is considered negligible. The ALARP region lies between these thresholds, within which risks should be reduced until the cost of any further action outweighs the incremental benefit gained. The industries should make use of the ALARP principle in managing the risks in them. 9.2 RISK BASED INSPECTION

9.2.1 Risk based Inspection (or RBI) is a risk-based approach to inspection in the Oil and Gas industries. This type of inspection analyzes the likelihood of failure and the consequences of the same. It is also called Risk Based Asset Management (RBAM), Risk Based Integrity Management (RBIM) or simply Risk Based Management (RBM). It is used to prioritise inspection, usually by means of non-destructive testing, requirements for major oil refineries and chemical installations around the world. Items with high probability and high consequence are given a higher priority for inspection than items that are high probability but for which failure has low consequences. 9.2.2 Risk Assessment Tools can be developed for specific areas of risk and they are as follows: Mechanical Risk Assessment Electrical Risk Assessment Chemical Risk Assessment Biological Risk Assessment Nuclear Risk Assessment Construction Risk Assessment 9.2.3 PHAST, ALOHA and other Software are available in the market which may be used to carry out risk assessment studies in industries. 21

9.3

RISK OBSERVATORY

9.3.1 Risk Observatory is a system to identify new and emerging risks in occupational safety and health, in order to improve the timeliness and effectiveness of preventive measures. To achieve this aim, this system provides an overview of safety and health at work, describes the trends and underlying factors, and anticipates changes in work and their likely impact on occupational safety and health. It concerns with anticipating new and emerging risks, their linkage to the technical innovation / social change, thus to bring the risk under control in all types of occupations. Hence, it requires ongoing observation of the risk themselves based on the systematic collection of information and scientific opinion. 9.3.2 Risk Observatory cell has been formed at Regional Labour Institute, Chennai, under DGAFSLI, Ministry of Labour & Employment, Government of India. The cell has been provided with PHAST Software of DNV for conducting risk assessment studies. 10. 10.1 CONCLUSION Occupational Safety and Health legislations demand that a risk assessment is essential for hazardous industries. The Risk assessment should be recorded and reviewed periodically and whenever there is a significant change to work practices. The assessment should include practical recommendations to control the risk. Once recommended controls are implemented, the risk should be re-calculated to determine as to whether it has been lowered to an acceptable level. The Risk Analysis and Risk Management process needs to be extended to all workplaces by effective implementation of existing legislations and with the active support of Risk Observatory System thus ensuring self compliance. The following Areas concerning risk analysis and risk assessment wherein cooperation with the European Union which could result in tangible benefits are 1. Conduct of seminars, workshops, training programmes and research activities in the field risk analysis and risk assessment jointly by the experts of India and European Union. Capacity building of DGFASLI and Inspectorate of Factories officials in the areas field risk analysis and risk assessment and development of safety inventories.

10.2

2.

22

3.

Establishing of Risk Observatory Centres with appropriate risk assessment tools and other softwares for risk estimation, control and prediction. ------o------

23

IV.

WORKING SESSIONII : TOPICAL ISSUES IN OCCUPATIONAL HEALTH MANAGEMENT INTRODUCTION Occupational health deals with all aspects of health in the workplace and it primarily focuses on prevention of occupational illnesses and diseases. The health of the workers has several determinants including risk factors at the workplace leading to occupational diseases. Occupational health of the working community should be ensured throughout their working period to protect them from the illness, ailments, injuries and diseases that may be contacted during their employment. Health surveillance of the workers on a continual basis is very much essential to ensure and monitor the health of the workers. Occupational Health Audit and Health Issues are integral part of Occupational Health Management in industries. In India, at present the Occupational Health has been made mandatory for factories, mines, Dock works and construction sites. Managing occupational health issues in the workplace means taking steps to promote the well-being of, and to prevent illness and injury to the workers. OCCUPATIONAL HEALTH MANAGEMENT The Ministry of Labour and Employment , Government of India has a nodal organization viz. Directorate General Factory Advice Service and Labour Institutes (DGFASLI) in dealing with Occupational Safety and Health issues in Industries. The Directorate General Factory Advice Service and Labour Institutes (DGFASLI) is the technical arm of the Ministry on matters connected with Occupational Health in the manufacturing and port sectors. NATIONAL POLICY ON SAFETY, HEALTH AND ENVIRONMENT AT WORK PLACE OCCUPATIONAL HEALTH The National Policy on Safety, Health and Environment at Workplace declared by the Govt. of India on 20th February, 2009 provides for Occupational Health in the Clauses Clause -1.7, 4.3.1, 4.3.10, 4.4.9, 4.5.2 and 4.7.3 of the Policy. LEGAL PROVISIONS FOR OCCUPATIONAL HEALTH The Factories Act, 1948 provides for appointment of qualified Medical Practitioners and Certifying Surgeons to examine young persons engaged in dangerous manufacturing processes and to ensure medical supervision 24

1. 1.1

1.2

2. 2.1

3.

3.1

4. 4.1

in case of illness due to the nature of manufacturing processes. The Factories Act, 1948 also provides for notification of certain occupational diseases as listed in the Third Schedule of the Act. As per Section 90 of the Factories Act, 1948, the State Govt. is vested with the powers to appoint a Competent Person to conduct inquiry into the causes of any accident or notifiable diseases. 4.2 The office of Directorate General of Mines Safety (DGMS) Under Ministry of Labour and Employment, Government of India is responsible for enforcement of Mines Act, 1952 and subordinate legislations. The health surveillance, detection and control of occupational diseases including silicosis are primarily the responsibility of the mine management. It is also the statutory responsibility of the mine management to notify all cases of silicosis detected in the mines. The Mines Act, 1952 and Rules and Regulations framed thereunder, is also related to Health Surveillance in mines and these are discussed in National Conferences on Safety in Mines. Some of the important recommendations of Conferences on Safety in Mines are: (a) Training of medical officer in Occupational Health and use of ILO Classification of Radiographs for Pneumoconiosis. Certification of pneumoconiosis at profusion 1/1 or more as per ILO Classification. Medical examination superannuation. Computerization surveillance. of of every person within one year of

4.3

(b)

(c)

(d)

records

of

medical

and

environmental

(e)

Classification of chest radiographs of Initial and Periodical Medical Examinations for detection, diagnosis and documentation of pneumoconiosis in accordance with ILO Classification for Pneumoconiosis. Setting up of an Occupational Diseases Board consisting of one Occupational Health Physician, one Radiologist and one General / Chest Physician.

(f)

4.4

The Dock Workers (Safety, Health & Welfare) Act, 1986 provides for the medical supervision; the ambulance rooms, first aid and rescue facilities and arrangements for the removal of dock workers to the nearest place of 25

treatment; the safety and health organization; and the training of dock workers and for the obligations and rights of the dock workers for their safety and health at the work place; providing for the investigation of occupational accidents, dangerous occurrences and diseases, specifying such diseases and the forms of notices. Dock Workers (Safety, Health and Welfare) Regulations, 1990 provides for the Occupational Health Services for Dock workers for First-aid and Emergency treatment, Pre-employment, periodical and special medical examinations of dock workers, Periodical training of first-aid personnel, Surveillance and rendering advice on conditions at work-places and facilities that can affect the health of dock workers and Promotion of health education including family welfare among dock workers. 4.5 Section 40(t) of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 provides for medical facilities for the building workers. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Central Rules, 1998 provides for medical facilities such as medical examination of buildings workers, occupational health centres, Ambulance room, Ambulance van, occupational health service for the building workers, notice of poisoning or occupational diseases, first aid boxes and emergency care services or emergency treatment. STATISTICS The details of medical facilities in factories for the year 2009 are as follows:
Full time Medical Officers 2586 Retainer ship or parttime Medical Officers 4223 Factories having Factories having Ambulance Van Ambulance Rooms 2273 2481

5. 5.1

5.2

The details of medical facilities in the major Ports for the year 2010 are as follows:
OSH Centers 17 Ambulance Rooms 28 First Aid 182 Empanelled Doctors 17

Source: Standard Reference Note 2010 - DGFASLI 6. 6.1 EXPOSURE ASSESSMENT An exposure assessment is the determination or estimation (qualitative or quantitative) of the magnitude, frequency, duration, and route of exposure for each potential or actual receptor population. This should be evaluated in the risk assessment. It helps in identifying causes for occupational 26

illnesses thus enabling the industries in devising and implementing proper and adequate control measures. 6.2 During the exposure assessment, the risk assessor: characterizes the exposure setting to identify the potentially exposed receptors, their activity patterns, and any other characteristics that might increase/decrease their likelihood of exposure; identifies exposure routes (develops a conceptual site model) and scenarios; estimates the exposure concentration; and calculates a chemicalspecific intake or dose. 7. CONCERNS INDUSTRIES OF OCCUPATIONAL HEALTH IN DIFFERENT

Micro, Small and medium scale units such as quarries, agate, slate pencil, quartz grinding having greater risk of exposure to high concentration of free Silica are susceptible to Silicosis. Such industries falling outside the regulatory framework has drawn the attention of the government in the current times. Reporting of cases and deaths due to Silicosis in the weaker sections of society especially the migrant workers employed in such industry has been on increase and hence there is an urgent need for comprehensive, inter sectoral , national level plans, programs and practices on public private partnership basis to reduce its prevalence in Indian Industries. Asbestosis is yet another occupational disease of the Lungs which is on an increase under similar circumstances warranting concerted efforts of all stake holders to evolve strategies to curb this menace. Building and construction - The fitness of the workers for particular tasks as well as preventing injury and exposure to excessive noise, vibration and hazardous materials. Manufacturing - take into account a range of hazards, from excessive noise and temperature extremes, to potentially dangerous processes, materials and chemicals. Transport - drivers' comfort and posture as well as the hours they spend at the wheel. 27

Warehousing - exposure to sudden changes in temperature, lifting heavy items and poor lighting.

8.

KEY OCCUPATIONAL HEALTH ISSUES

ASBESTOSIS: 8.1 Consequent to the writ petitions filed by a number of NGOs and subsequent judgments of the Honorable Supreme Court of India giving a number of directions for actions to the key stake holders specially to the Ship breaking and in Micro, Small and Medium Scale Enterprises. The Government of India is considering the ban the mining and use of chrysotile asbestos in India to protect the workers and the general population against primary and secondary exposure to Chrysotile form of Asbestos.

SILICOSIS 8.2 The problem of silicosis is much more severe in the unorganized sector of industries like slate pencil cutting, stone cutting and agate industry. The flaw here is that most industries belonging to the unorganized sector do not fall under the purview of the statutory tools such as the Factories Act, 1948 aimed to protect the health and safety of the working population. Moreover, the employers lack the will to provide safe working environment for the workers. It is probably economic compulsions that the workers choose to work in hazardous environments and are subjected to exploitation. Consequent to Honorable Supreme Court of Indias direction and the initiatives taken by the NHRC for protecting the human right of unorganized sector workers affected with silicosis a number of steps have been initiated to address this issue. According to the pilot survey carried out by NHRC and NGOs the number of silicosis victims especially those belonging to the states of Gujarat, Rajasthan, Madhya Pradesh and Jharkhand who deceased young is quite large. Silicosis being a widespread disease an urgent action is required. Government has recognized the existence of this debilitating occupational diseases and the need for inter sectoral cooperation and public private partnership to tackle the dual problems of Silicosis and Silico-tuberculosis in the country. Honorable Supreme Court of India directed the National Human Rights Commission (NHRC) to provide for compensation to those who had died due to Silicosis and to provide immediate medical relief to victims of Silicosis. 28

8.3

8.4

8.5

Some the other Occupational Health Issues relate to Back Pain and Repetitive Strain Injury (RSI) - a variety of lifting, repetitive and other kinds of work, including computer work, can result in injury or longer-term disability. Good ergonomics will help to reduce the risks. Heat, light, noise and vibration - Exposure to sudden changes in temperature, poor lighting and excessive vibration or noise levels can result occupational health issues. Radiation - exposure to radiation (ionising and non-ionising) is a risk in manufacturing, construction and engineering occupations. Stress - excessive work pressure, work concerns or personal problems can affect the employees' psychological, social and physical well-being. Smoking, drug and alcohol abuse - not only can adversely affect an individual's performance, their behaviour can have a significant impact in the workplaces.

9. 9.1

MANAGING OCCUPATIONAL HEALTH The following measures needs to be implemented in the work places to enhance occupational health: Identify and involve workers in assessing workplace risks. Assess and consider employees' needs when planning and organising work. Provide advice, information and training to employees, as well as mechanisms for employee feedback such as a suggestion scheme. Occupational health surveillance and Occupational health audit. To develop a system of creating up to date data base on mortality and morbidity due to Occupational diseases especially those occurring due to asbestos and Silica exposure in these categories of workers and use it for performance monitoring of the same. Extending support to the state government for effective enforcement of the health provisions stipulated under section 41F of the Factory 29

Act by equipping technologies. 10. 10.1

them

with

work

environment

monitoring

PROMOTING OCCUPATIONAL HEALTH Tackling occupational health in the workplaces should address the following areas: Silicosis Asbestosis Stress Repetitive Strain Injury or Work-Related Upper Limb Disorders Back Pain control of hazardous substances Heat, Light and Noise

10.2

It is essential that promoting occupational health at work places should be resorted and the following are the benefits of such measures: Injury and illness prevention. Enhanced occupational health of the workers. Reduction in occupational illness and diseases. Legal Compliance. Lower absenteeism. Improved relationships with customers and suppliers. Improved productivity. Reduced staff turnover. Sensitization of stake holders to adopt low cost dust control appliances to ensure safety and health protection of weaker sections especially migrant workers in dusty trades. Technical assistance to state health department to set up diagnostic centres of international standards and evolve a system of periodic health surveillance of such workers on a regular basis and at par with that made available to workers in large scale asbestos and Silica based industry 30

Generate adequate numbers of Associate Fellow of Industrial Health (AFIH) qualified doctors through increasing the number of accredited medical colleges to start AFIH courses to maintain the supply chain of qualified medical officers competent to tackle the problems of Asbestosis and Asbestos related disorders and Silicosis. The deliverables like Standards, Codes of practices, Guidelines, Posters, and films on key Occupational health issues are generated and utilized as tools for raising awareness levels of key stake holders for promoting safety and health standards of the vulnerable groups of workers.

11. 11.1

CONCLUSION Occupational Health requires to be accorded highest priority like occupational safety in workplaces. The Various Safety and health legislations and the National Policy on Safety, Health and Environment at Workplace provide measures for enhancing Occupational Health in all economic activities. It is imperative on the part of stake holders that the Occupational Health programmes are implemented in workplaces by aiming, promoting, managing and maintaining the highest degree of occupational health meeting the global standards. It is suggested that joint collaborative efforts could be initiated by India and European Union in the areas concerning Occupational Health, which could result in improved working conditions of the workers at workplace thereby resulting in identification and control of occupational diseases through Conduct of seminars, workshops, training programmes and research activities in the field of Occupational Health. Exchange of information, sharing of experience and best practices. Establishment of Occupational Health Diagnostic and Control Centres including poison/toxic control response centers and development of data bases on Occupational health diseases. Enhancing the Occupational Health Awareness/National campaigns to eliminate and control the incidence of Occupational Diseases amongst the industrial workers as well as general public at large. -------o-----

11.2

31