Lok Sabha Question No. 2058 (UNSTARRED), answered on 2018-07-30
Subject: Workplace Health and Safety Policy
Ministry: LABOUR AND EMPLOYMENT
Asked by: SHRIKANT EKNATH SHINDE, SHIVAJI ADHALRAO PATIL, PRITAM GOPINATH MUNDE, ANANDRAO  ADSUL, KUNWAR PUSHPENDRA SINGH CHANDEL, DHARMENDRA YADAV

## GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT LOK SABHA

UNSTARRED QUESTION NO. 2058

TO BE ANSWERED ON 30.07.2018

## WORKPLACE HEALTH AND SAFETY POLICY

## 2058.  DR. SHRIKANT EKNATH SHINDE:

SHRI ADHALRAO PATIL SHIVAJIRAO:

DR. PRITAM GOPINATH MUNDE:

SHRI ANANDRAO ADSUL:

SHRI KUNWAR PUSHPENDRA SINGH CHANDEL:

SHRI DHARMENDRA YADAV:

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

- (a)whether there is a proposal to draft new policy to ensure safety;
- the  Government  has  proposed  to  set  up  a  National Occupational  Safety  and  Health  Advisory  Board  to  advise  the Government on the matters relating to the code and if so, the facts
- (b)whether thereof along with its composition;
- (c)whether the Government has prescribed guidelines for the registration of companies and if so, the details thereof;
- (d)whether  the  offices  attached  to  the  State  or  Central  Government are  exempt  from  this  registration  process  and  if  so,  the  details thereof and the reasons therefor; and
- (e)the time by which the proposed new draft policy is likely to come into existence?

## ANSWER

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

(a): There is an existing policy declared by Government of India on 20 th  February, 2009, viz., the National Policy on Safety, Health and Environment  at  Workplace  (NPSHEW)  and  no  proposal  to  draft  new policy for the same.  The policy aims to establish a preventive safety and health culture in the country through elimination of the incidence

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. The Policy contains preamble, goals, objectives & action programme:  the  action  programme  includes  enforcement,  national standards, compliance, awareness, research & development, occupational safety and health, skills development, data collection and review.

(b): Ministry  of  Labour  and  Employment (MoLE) has taken prelegislative  steps  for  drafting  Labour  Code  on  Occupation  Safety, Health and Working Conditions, 2018 by simplifying, amalgamating and rationalizing the relevant provisions of the existing 13 Central Labour Laws relating to safety & health standards, working condition, welfare provisions for employee and leave and working hours. The Code inter alia  envisages  constitution  of  a  National  Occupational  Safety  and Health Advisory Board under the Chairmanship of the Secretary, MoLE to advise the Central Government on various matter related to the said Code.

(c) to (e): Adequate  provisions  already  exist  under  the  Companies, Act, 2013 and Rules made thereunder for the registration of companies and  for  exemption  from  registration  process.  Further,  Ministry  of Corporate Affairs has established a Central Registration Centre under Section  396  of  the  Companies  Act,  2013  having  jurisdiction  all  over India  for  speedier  processing  of  incorporation  related  e-forms  i.e. reservation of name and incorporation of companies.  The Government of  India  has  enacted  the  Factories  Act,  1948  to  ensure  the  safety, health  and  welfare  of  the  workers  working  in  the  factories.  The provisions contained under Section 6: Approval, licensing and registration  of  factories:  embody  the  provisions  for  grant  of  license and registration of units to be registered as factories and such units may include companies.

The  provisions  contained  under Section 86:  Power  to exempt public institutions- grants power to the state governments to exempt any workshop or workplace where a manufacturing process is being  carried  on  and  which  is  attached  to  a  public  institution  for education,  training,  research  from  all  or  any  of  the  provisions  of  the act.

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