Lok Sabha Question No. 2117 (UNSTARRED), answered on 2018-01-01
Subject: Occupational Health And Safety Measures
Ministry: LABOUR AND EMPLOYMENT
Asked by: RAJESHBHAI NARANBHAI CHUDASAMA

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

UNSTARRED QUESTION NO. 2117 TO BE ANSWERED ON 01.01.2018

## OCCUPATIONAL HEALTH AND SAFETY MEASURES

## 2117. SHRI RAJESHBHAI CHUDASAMA:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (a)whether the Government is implementing occupational health and safety measures in unorganised sector;
- (b)if so, the details thereof;
- (c)if not, the estimated cost borne by the Indian economy because of lack of due diligence shown in addressing the safety concerns; and
- (d)the  measures  taken/proposed  to  be  taken  by  the  Government  to the
- better address occupational health and safety issues in unorganised sector?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

- (a) to (d): The occupational safety and health of unorganized workers depends upon the labour laws applicable to the establishment and the job/work they are engaged in.  The Government of India had declared the  National  Policy  on  Safety,  Health  and  Environment  at  Workplace (NPSHEW) on 20 th  February, 2009.  The purpose of this National Policy is  to  establish  a  preventive  safety  and  health  culture  in  the  country through elimination of the incidents of work related injuries, diseases, fatalities, disasters and to enhance the well-being of employees in all the  sectors  of  economic  activity  in  the  country.    Section  85  of  the Factories Act, 1948, empowers the State Governments to declare that all or any of the provisions of the Act shall apply to any place wherein manufacturing  process  is  carried  on  with  or  without  aid  of  power, irrespective of the number of workers working in therein.

For the construction sector, The Building and Other Construction  Workers  (Regulation  of  employment  and  Conditions  of Service) Act, 1996, Central Rules 1998, and various State Rules have been enacted to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures.  The Act and Rules made thereunder are made  applicable to every establishment which  employs,  or had employed on any day of the preceding twelve months, with ten or more building  workers in  any  building  or  other  construction  works  and  the same are enforced by the central and state governments.

Under the Constitution of India, safety, welfare and health of workers  employed  in  mines  are  the concern  of the Central Government (Entry 55-Union List-Article 246). The objective is regulated  by  the  Mines  Act,  1952  and  the  Rules  and  Regulations framed thereunder. These are administered by the Directorate-General of Mines Safety (DGMS), under the Ministry of Labour & Employment. The onus of providing for and ensuring safety in mines rests with the mine managements, as clearly laid down under section 18 of the Mines Act,  1952  as  'The  owner  and  agent  of  every  mine  shall  each  be responsible  for  making  financial  and  other  provisions  and  for  taking other  such  steps  as  may  be  necessary  for  compliance  with  the provisions of this Act and regulations, rules, bye-laws and orders made thereunder.' The Mines Act, 1952 does not differentiates between the mines of organised and un-organized sector. This act is applicable in all the mines situated in the country. All the workers employed in the mines are covered by this legal frame work.

Following steps  have  been  taken  by DGMS  to  better address  occupational  health  and  safety  measures  in  unorganised sector:

- (i) Sample inspection of Mines and action is taken as per law based on the observations during the inspections
- (ii) Enquiry  into  Accidents,  Dangerous  Occurrences  etc.  and action  is  taken  as  per  law  based  on  the  findings  of  the enquiry.
- (iii)
- Standard Setting:

Contd..3/-

- (a)
- Amendment of safety laws,
- (b) Issue  of  guidelines  for  safer  operations  in  identified  thrust areas   through circulars and
- (c) Issue  of  technical  instructions  to  DGMS  officers  for  their guidance.
- (iv)
- (v)
- (vi)
- (vii)
- National Conference on Safety in Mines
- National Safety Awards (Mines)
- Annual Safety week Celebrations
- Awareness campaign

Further,  a  project  on  'Multi  Centric  Study  of  Dust  Related Disease  in  Stone  Mines  and  Development  of  Sustainable  Preventive Programme'    has  been  undertaken  in  collaboration  with  National Institute  of  Miners  Health,  Nagpur,  an  autonomous  institute  under union Ministry of Mines  to address the Silicosis related health issues of  stone  mines  and  quarries    workers  of  unorganised  sectors.  The study  under  the  project  is  proposed  to  be  conducted  over  a  sample of size of about 3000 persons employed in the stone mines unorganized sector situated in different parts of the country.

Directorate General Factory Advice Service & Labour Institutes (DGFASLI) under Ministry of Labour & Employment conducts training programmes, workshops and seminars on occupational Safety and health benefitting  the  stakeholders  both  from  the  organized  and unorganized sectors.

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