P218 Occupational health guidelines and regulations: an overview of the indian regulatory framework, compliance and ground realities

Abstract

The salient features of the policy on occupational safety and health are derived from the Constitution of India. Article 24 of the Constitution prohibits employment of child below 14 years for work in any factory or mine or in any hazardous industries. The Directive Principles of State Policy which are in the nature of guidance for legislative and executive action provide safeguards to workers. Article 42 directs the State to make provision for securing just and humane conditions of work and maternity relief. Under the Constitution it is imperative that measures should be taken to ensure that all the workers irrespective of their place of employment are assured of occupational safety and health. The Govt. of India as one of the founder members of the International Labour Organisation (ILO) derives conclusive guidelines from the conventions, recommendations and codes of practices framed by ILO.The ILO has so far adopted 182 conventions and 190 27 recommendations on subjects of workers’ fundamental rights, worker’s protection, social security, labour welfare, occupational safety and health, women and child labour, migrant labour etc. The Govt. of India has ratified 39 conventions. The recommendations relating to these 39 conventions have been implemented to the extent possible.Some of the recent conventions and recommendations have a strong bearing on emerging occupational and safety laws in the country.The important component of the safety management system and culture is the Tripartite Committees involving all stake holders like management, regulatory organisation and workers’ representatives at various level to oversee the compliance of OSH aspects in a broader perspective and for strengthening the existing safety management system in India. Constraints in the existing systems and lack of political will poses a great difficulty in the enforcement of various legal and regulatory framework. This includes lack of infrastructure in Occupational Safety and Surveillance.