What is the ILO?
ILO's key instruments for member states:
| Instrument | Legal Status | Obligation on Member States |
|---|---|---|
| Convention | International treaty — legally binding once ratified by a member state | Member states that ratify must pass domestic legislation to implement the convention and report compliance periodically |
| Recommendation | Not legally binding — provides guidance and supplementary provisions | Member states should consider recommendations as best practice guidelines when developing national law and policy |
| Protocol | Supplements an existing convention | Same as convention once ratified |
| Declaration | Statement of principles and values | Political commitment, not legally enforceable |
ILO's Core OHS Framework — Key Conventions & Recommendations
ILO · 1981Convention 155 — Occupational Safety and Health Convention
Key requirements of C.155:
- National OHS Policy: Each member state must formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment.
- Competent national authority: A designated government authority must be responsible for OHS enforcement and inspection.
- Employer responsibilities: Employers must ensure workplaces, machinery, equipment, chemical, physical and biological agents are safe and without risk to health.
- Workers' rights: Workers have the right to be informed of hazards, the right to participate in OHS decisions, and the right to withdraw from a situation presenting imminent danger without undue consequences.
- OHS management systems: Employers must ensure provision of necessary protective clothing and equipment at no cost to workers.
- Reporting: Member states must establish systems for reporting occupational accidents and diseases.
Accompanying Recommendation R.164 (OHS Recommendation, 1981): Provides detailed guidance on implementing C.155. Specifies that employers should carry out regular workplace inspections, keep records of hazardous substances, provide OHS training, and establish OHS committees.
ILO · 1985Convention 161 — Occupational Health Services Convention
Functions of Occupational Health Services (as per C.161):
- Identification and assessment of risks from health hazards in the workplace
- Surveillance of workers' health in relation to work (medical examinations)
- Advice on planning and organisation of work, including design of workplaces
- Participation in analysis of occupational accidents and occupational diseases
- Organisation of first aid and emergency treatment
- Health education and health promotion in the workplace
Recommendation R.171: Supplements C.161 with details on staffing of OHS (occupational physicians, occupational health nurses, occupational hygienists, ergonomists, and safety engineers).
ILO · 1988Convention 167 — Safety and Health in Construction Convention
Key areas covered by C.167:
- Safe place of work: All construction sites must be kept clean and safe. Safe means of access and egress must be provided.
- Scaffolding: Standards for safe erection, use, and dismantling of scaffolding — must support 4× the intended load.
- Lifting appliances: Cranes, hoists, and lifting gear — inspection, testing, certification requirements.
- Excavations: Sides of excavations deeper than 1.2m must be shored, sloped, or otherwise protected from collapse.
- Personal Protective Equipment (PPE): Employer must provide and maintain appropriate PPE at no cost to worker.
- First aid: First aid facilities appropriate to the size of the workforce must be available on site.
- Young workers: Persons under 18 not to operate certain hazardous equipment.
Recommendation R.175 (Safety and Health in Construction, 1988): Supplements C.167 with technical details on structural safety, demolition operations, caissons and compressed air work, and diving work.
ILO · 1990Convention 177 — Chemicals Convention
Key provisions of C.177:
- Classification: All chemicals must be classified for their hazard properties — physical, health, and environmental. Hazardous chemicals must be labelled accordingly.
- Chemical Safety Data Sheets (CSDS/MSDS/SDS): Suppliers must provide safety data sheets for hazardous chemicals, containing information on identity, hazards, safe handling, protective measures, and emergency response.
- Labelling: Containers of hazardous chemicals must bear labels showing chemical identity, supplier details, hazard symbols, risk and safety phrases.
- Employer duties: Assess chemical hazards, provide workers with information, training, and instruction; ensure PPE provided; monitor health of workers exposed; keep records of chemical exposure.
- Prohibition: Certain chemicals must be prohibited or restricted when hazard cannot be adequately controlled.
Recommendation R.177 (Chemicals Recommendation, 1990): Provides details on exposure limits, GHS (Globally Harmonised System of Classification and Labelling), and monitoring of chemical exposure in the workplace.
ILO · 1993Convention 174 — Prevention of Major Industrial Accidents Convention
Background — Bhopal Gas Tragedy (1984): The world's worst industrial disaster at Union Carbide's Bhopal plant (methyl isocyanate gas leak) killed over 3,500 people immediately and caused long-term health effects for hundreds of thousands. C.174 was largely a response to disasters like Bhopal.
Key provisions of C.174:
- Major hazard installation: Member states must identify major hazard installations (sites storing or using above threshold quantities of hazardous substances).
- Safety report: Operators of major hazard installations must prepare a safety report demonstrating identification of hazards, evaluation of risks, and measures to prevent and limit accidents.
- Emergency plans: Both on-site emergency plan (by operator) AND off-site emergency plan (by competent authority/government) must be prepared and tested.
- Land use planning: Competent authority must establish land use policies to ensure adequate separation between hazardous installations and populated areas.
- Right-to-know: Persons potentially affected by a major accident must be informed of the nature of the hazard and what to do in an emergency.
- Reporting: Major accidents must be reported and investigated. Lessons learned must be shared nationally and internationally.
Recommendation R.181 (Prevention of Major Industrial Accidents, 1993): Supplements C.174 with technical guidance on threshold quantities, safety report content, emergency planning, and domino effects between neighbouring installations.
SHE as a Human Right
In 2022, the ILO adopted a landmark resolution declaring a safe and healthy working environment as a fundamental principle and right at work — joining freedom of association, elimination of forced and child labour, and non-discrimination as core ILO rights.
This is based on the principle that the right to work without risk to life, health, and dignity is inseparable from other fundamental human rights. Key international human rights instruments recognising this:
- Universal Declaration of Human Rights (1948), Article 23: Everyone has the right to just and favourable conditions of work.
- International Covenant on Economic, Social and Cultural Rights (ICESCR), Article 7: States recognise the right of everyone to the enjoyment of just and favourable conditions of work, including safe and healthy working conditions.
- ILO Declaration on Fundamental Principles and Rights at Work (1998, amended 2022): Now includes safe and healthy working environment as a fundamental right.
- Article 21 of Indian Constitution: Right to Life — interpreted by Supreme Court to include right to livelihood and safe working conditions.
Trade Policy Affecting OHS
International trade policies increasingly incorporate labour and OHS standards as conditions for trade agreements. Key mechanisms:
- Generalised System of Preferences (GSP): Trade preference schemes (e.g., EU GSP, US GSP) allow developing countries to export goods at reduced tariff rates, BUT compliance with core ILO labour standards (including OHS) is a condition. Countries violating OHS standards risk losing GSP benefits.
- Free Trade Agreements (FTAs): Modern FTAs (e.g., India-EU FTA negotiations) increasingly include labour chapters requiring parties to maintain and enforce effective OHS laws.
- Supply chain due diligence: EU Corporate Sustainability Due Diligence Directive (2024) requires large companies to identify and address adverse human rights and environmental impacts throughout their supply chains, including OHS.
- ISO 45001:2018: International standard for occupational health and safety management systems. Increasingly required by international buyers as a condition of contract. Replaces BS OHSAS 18001.
- SA 8000 Social Accountability Standard: Certifiable standard covering worker rights, OHS, child labour, and management systems. Used in global supply chains as buyer requirement.
Background & Need for the OSH Code
India's labour laws were historically fragmented across dozens of Acts — the Factories Act 1948, Mines Act 1952, Dock Workers Act 1986, Building & Other Construction Workers Act 1996, and many more. Each applied to different sectors with different definitions and different compliance requirements. This fragmented structure led to complexity, inconsistency, and compliance challenges.
In 2019–2020, the Government of India consolidated 44 central labour laws into 4 Labour Codes:
The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) received Presidential assent on 28 September 2020. It consolidates 13 Acts including: Factories Act 1948, Mines Act 1952, Dock Workers (Safety, Health and Welfare) Act 1986, Building and Other Construction Workers Act 1996, Plantation Labour Act 1951, Contract Labour (Regulation and Abolition) Act 1970, Inter-State Migrant Workmen Act 1979, and several others.
Applicability / Scope of the OSH Code
| Establishment Type | Threshold for Applicability |
|---|---|
| Factory | 10 or more workers with power; 20 or more workers without power |
| Mines | All mines as defined |
| Docks | All dock work |
| Construction | Projects with 10 or more workers |
| Plantation | 5 or more workers on land of 5 hectares or more |
| Contract Labour | Principal employer with 50 or more contract workers; Contractor employing 20 or more |
| Beedi & Cigar establishments | 10 or more workers |
| Hazardous Process establishments | All establishments engaged in hazardous processes (Schedule I) |
Duties of Employers (Chapter III)
- Provide and maintain a safe and healthy working environment without risk to health
- Provide and maintain safe plant, machinery, and systems of work
- Ensure safe use, handling, storage, and transport of articles and substances
- Provide necessary information, instructions, training, and supervision for workers' safety
- Provide and maintain adequate welfare facilities
- Issue appointment letters to every worker on appointment
- Ensure payment of wages at prescribed rates
- Display notices at factory gates regarding working hours, wages, etc.
New/Significant Provisions in the OSH Code (vs old Acts)
| Feature | Provision |
|---|---|
| Annual Health Check | Workers above 45 years must be provided annual health check-up by employer free of cost |
| Appointment Letter | Mandatory for all workers — eliminates informal/unrecognised employment |
| Free PPE | Employer must provide PPE to workers at no cost |
| Women workers | Women permitted to work in all establishments including night shifts with adequate safety measures, separate toilets, and consent |
| Common licence | Single combined licence for factories, replacing multiple registrations |
| Inter-state migrant workers | Enhanced provisions — journey allowance, displacement allowance, suitable accommodation |
| OHS Committee | Mandatory in establishments with 500+ workers — joint management-worker safety committee |
| Safety Officer | Mandatory appointment of Safety Officer in factories with 500+ workers (hazardous process: 250+) |
| Working Hours | Maximum 8 hours/day, 48 hours/week. Overtime limited to 125 hours per quarter. |
| Leave with wages | 1 day leave for every 20 days worked (factories); accumulation of leave permitted. |
| Registers | All registers and records to be maintained in electronic form |
| Self-certification | Small establishments can file self-certification regarding compliance |
Rights of Workers Under OSH Code
- Right to obtain information from employer about health and safety hazards in workplace
- Right to be associated with inspection of the workplace by Inspector-cum-facilitator
- Right to report an unsafe condition to the Inspector-cum-facilitator
- Right to refuse work in conditions that pose imminent danger to life or health (with notice to employer)
Background & Purpose
The Act aims to: (1) Ensure adequate safety measures, (2) Promote health and welfare of factory workers, (3) Prevent haphazard growth of factories, (4) Protect workers from exploitation.
Important Definitions (Section 2)
| Term | Definition (Simplified) |
|---|---|
| Factory (Sec 2(m)) | Any premises where manufacturing process is carried on with 10+ workers (with power) or 20+ workers (without power) on any day in the preceding 12 months. Includes all buildings, precincts, and land within the same premises. |
| Manufacturing Process (Sec 2(k)) | Any process for (a) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; (b) pumping oil, water, sewage; (c) generating, transforming, transmitting power; (d) composing types for printing, printing, lithography; (e) constructing, reconstructing, repairing, refitting, finishing, or breaking up ships; (f) preserving or storing any article in cold storage. |
| Worker (Sec 2(l)) | A person employed directly or through any agency (including contractor) with or without knowledge of employer, in any manufacturing process or in cleaning any part of the machinery or premises used for manufacturing, or in any other work connected with the manufacturing process or the subject of manufacturing process. |
| Occupier (Sec 2(n)) | The person who has ultimate control over the affairs of the factory. In the case of a company — a director of the company nominated by the Board. Held personally liable under the Act. |
| Manager (Sec 7A) | Every factory must have a manager. If occupier manages factory personally, occupier is the manager. Manager must be a qualified person. |
| Hazardous Process (Sec 2(cb)) | Any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used or by-products, waste, or effluents generated therefrom would cause material impairment to health of persons engaged or result in pollution of general environment. |
| Adolescent (Sec 2(a)) | A person who has completed 15 years of age but has not completed 18 years. |
| Adult (Sec 2(b)) | A person who has completed 18 years of age. |
| Child (Sec 2(c)) | A person who has not completed 15 years of age. Children below 14 cannot work in factories at all. |
| Calender year | A period of 12 months beginning on the first day of January. |
Approval, Licensing & Registration (Chapter II)
- Section 6 — Approval of site: Any person wishing to use premises as factory must apply for approval of site and building plans to the Chief Inspector of Factories before construction or extension.
- Section 7 — Notice before occupation: Occupier must give written notice to Chief Inspector at least 15 days before occupying or using any premises as factory.
- Notice must contain: Name and situation of factory; name and address of occupier; nature of manufacturing process; name of manager; number of workers; HP of motors; details of hazardous substances if any.
- Annual return: Occupier must submit annual return to Inspector of Factories by 31st January each year.
Health Provisions of the Factories Act
| Section | Provision | Requirement |
|---|---|---|
| Sec 11 | Cleanliness | Factory must be kept clean and free from effluvia from drain, privy, or other nuisance. Floors washed at least once a week. Paintwork to be repainted every 5 years (or 14 months if distempered). |
| Sec 12 | Disposal of Wastes & Effluents | Effective arrangements for disposal of wastes and effluents arising from manufacturing process must be made to render them innocuous. |
| Sec 13 | Ventilation & Temperature | Adequate ventilation of fresh air. Temperature maintained at comfortable level — standards set by State Government. Hot/cold processes to be separated where practicable. Thermometers to be provided. |
| Sec 14 | Dust & Fume Control | Where dust, fume, or other impurity likely to be injurious or offensive is generated, effective measures to prevent inhalation and accumulation. Exhaust appliances near point of origin. Stationary internal combustion engines only with exhaust pipe leading outside. |
| Sec 15 | Artificial Humidification | Where humidity of air is artificially increased (textile mills), water used must be pure. Hygrometers to be provided. |
| Sec 16 | Overcrowding | No room shall be overcrowded. Minimum 14.2 cubic metres (500 cubic feet) of space per worker in existing factories; 4.2 m² (42.5 sq ft) for new factories. Notice of maximum number of workers must be displayed. |
| Sec 17 | Lighting | Sufficient and suitable lighting (natural or artificial or both) in every part of factory. Glare and shadows that may cause eyestrain to be prevented. |
| Sec 18 | Drinking Water | Effective arrangements for sufficient supply of wholesome drinking water. Sources of drinking water to be legibly marked "DRINKING WATER". Distance from toilet/urinal: minimum 6 metres unless exempted. Factories with 250+ workers must provide cooling facilities for water. |
| Sec 19 | Latrines & Urinals | Separate toilet accommodation for male and female workers. Minimum 1 latrine per 25 female workers (or fewer). Minimum 1 latrine per 25 male workers (500 or fewer). Above 500 workers: 1 per 50. Kept clean, adequately lit, ventilated, accessible at all times. |
| Sec 20 | Spittoons | Sufficient number of spittoons at convenient places. Kept in clean and hygienic condition. Notice "No Spitting" to be affixed. Penalty for spitting outside spittoon. |
Key Safety Provisions
| Section | Provision | Key Requirement |
|---|---|---|
| Sec 21 | Fencing of Machinery | Every dangerous part of machinery must be securely fenced by safeguards of substantial construction, kept in position while parts are in motion or use. Moving parts that are dangerous whether or not lubricated — must be fenced. |
| Sec 22 | Work on/Near Machinery in Motion | Work on machinery in motion that requires examination only by specially trained adult male worker wearing tight-fitting clothing. No female or young person (Adolescent) to work on machinery in motion. |
| Sec 23 | Employment of Young Persons on Dangerous Machines | Young persons not to work on any machine listed as dangerous (in Schedule) unless adequately trained or under adequate supervision of experienced person. |
| Sec 24 | Striking Gear & Devices for Cutting off Power | Suitable devices for cutting off power from machinery must be installed. Devices to be provided in every workroom for cutting power to machines in that room. |
| Sec 25 | Self-Acting Machines | Traversing parts of self-acting machines must not be allowed to run within 45 centimetres (18 inches) of fixed structure not forming part of the machine. |
| Sec 26 | Casing of New Machinery | Spur, worm, and other toothed or friction gearing in motion must be completely encased to prevent contact. |
| Sec 27 | Prohibition of Employment of Women & Children Near Cotton Openers | No woman or child to be employed in any part of factory for pressing cotton in which a cotton opener is at work. |
| Sec 28 | Hoists & Lifts | Every hoist and lift must be of good mechanical construction, sound material, adequate strength, properly maintained, and thoroughly examined at least once every 6 months by a competent person. Maximum safe working load (SWL) to be marked. |
| Sec 29 | Lifting Machines, Chains, Ropes & Lifting Tackle | All lifting machines (cranes, crabs, winches, teagles), chains, ropes, and lifting tackle: to be tested, SWL marked, and examined at least once every 12 months by a competent person. Register to be maintained. |
| Sec 30 | Revolving Machinery | Maximum safe working speed to be fixed for every grinding wheel, etc. This must not be exceeded. |
| Sec 31 | Pressure Plant | Effective measures to ensure operating pressure does not exceed safe working pressure. Pressure vessels to be tested and certified. |
| Sec 32 | Floors, Stairs & Means of Access | All floors, steps, stairs, passages, and gangways to be of sound construction, properly maintained, kept free from obstruction and slippery substances. Handrails where necessary. Openings in floors to be securely covered. |
| Sec 33 | Pits, Sumps, Openings in Floors | Fixed vessel, sump, tank, pit, or opening in floor: securely covered or securely fenced to prevent persons falling. |
| Sec 34 | Excessive Weights | No worker to be required or permitted to lift, carry, or move any load so heavy as to be likely to cause injury. State Government may set maximum weight limits. |
| Sec 35 | Protection of Eyes | Workers engaged in processes involving risk of injury to eyes from particles or fragments or risk from excessive light: effective screens or suitable goggles to be provided. |
| Sec 36 | Precautions Against Dangerous Fumes, Gases | No person to enter any confined space in which dangerous fume is likely to be present unless provided with suitable breathing apparatus and certificate of fitness from certifying surgeon. Manhole to be large enough to allow person to escape or be rescued. Standby person outside during entry. |
| Sec 37 | Explosive or Inflammable Gas/Dust | Where manufacturing process produces flammable gas or vapour in sufficient quantity to explode: all possible precautions to prevent fire/explosion. Effective enclosure of plant, elimination of ignition sources, prohibition of smoking. |
| Sec 38 | Precautions in case of Fire | All practical measures to prevent fire and its spread. Adequate means of escape for all workers. Necessary equipment and facilities for extinguishing fire. Fire drills, maintenance of fire exits (must not be locked or obstructed). Workers to be familiar with means of escape. |
| Sec 39 | Power to Require Specifications of Defective Parts | Inspector may serve notice on occupier requiring submission of drawings, specifications or other particulars regarding any dangerous parts or processes. |
| Sec 40 | Safety Officers | Factories employing 1000 or more workers (or hazardous process factories as specified) must appoint qualified Safety Officers. Ratio of Safety Officers to be as prescribed. |
| Sec 40-A | Obligation of Workers | Workers must comply with safety provisions, use protective equipment, and not misuse or damage any safety device. Workers must not render inoperative any safety device. |
| Sec 41-A to 41-H | Hazardous Processes (Chapter IV-A, added 1987) | Special provisions for factories engaged in hazardous processes. Compulsory health surveys, medical examination, right of workers to warn about imminent danger, safety committees mandatory (250+ workers), medical facilities, right of access for workers to information on hazards. |
Welfare Provisions
| Section | Provision | Requirement |
|---|---|---|
| Sec 42 | Washing Facilities | Adequate and suitable washing facilities (separate for male and female workers) to be provided and maintained. |
| Sec 43 | Facilities for Storing and Drying Clothing | Facilities for workers to store clothing not worn during working hours and for the drying of wet clothing. |
| Sec 44 | Sitting Facilities | Suitable facilities for sitting to be provided for workers obliged to work in standing position — so they may take rest when opportunity arises. If nature of work allows sitting — proper seats to be provided. |
| Sec 45 | First-Aid Appliances | At least one first-aid box (prescribed contents) for every 150 workers. Each box in charge of a trained person holding certificate in first aid. In factories with 500+ workers: an ambulance room with prescribed equipment, staffed by qualified medical and nursing personnel. |
| Sec 46 | Canteen | Factories employing 250 or more workers: canteen must be provided and maintained. Menu, prices, and management to involve workers. |
| Sec 47 | Shelter, Rest Rooms, Lunch Rooms | Factories with 150 or more workers: adequate and suitable shelter/rest room and lunch room with drinking water where workers can eat meals brought by them. |
| Sec 48 | Crèches | Factories employing 30 or more women workers: suitable room(s) for use of children under 6 years of age of women workers. Clean and adequately lit, ventilated, maintained. A female worker not to be required to work within 6 weeks after delivery. |
| Sec 49 | Welfare Officers | Factories employing 500 or more workers must appoint Welfare Officers (prescribed qualifications). Ratio as per State Rules. |
| Sec 50 | Powers to Make Rules to Supplement Chapter V | State Government may make rules supplementing welfare provisions. |
Working Hours for Adults (Chapter VI)
| Provision | Section | Limit |
|---|---|---|
| Daily working hours | Sec 51 | Maximum 9 hours per day (including extra hours) |
| Weekly working hours | Sec 51 | Maximum 48 hours per week |
| Spread-over | Sec 56 | Working period including rest intervals must not exceed 10.5 hours in any day |
| Rest interval | Sec 55 | After 5 hours of work, at least 30 minutes rest interval must be given |
| Night shift | Sec 57 | No worker to work in factory during any period for which they have already worked in another factory — avoiding double employment |
| Overtime | Sec 59 | Overtime wages at twice the ordinary rate for hours worked beyond 9 hours/day or 48 hours/week |
| Weekly holiday | Sec 52 | Every worker entitled to one day of rest (holiday) per week. Exemptions allowed with compensatory holiday. |
Annual Leave with Wages (Chapter VIII)
- Every adult worker who worked for 240 days or more in a calendar year is entitled to annual leave with wages.
- Rate: 1 day leave for every 20 days worked (1/20th of working days)
- For child/adolescent workers: 1 day for every 15 days worked
- Leave can be accumulated — but maximum 30 days (adults) or 40 days (children)
- Worker must give advance notice to employer before taking leave
Employment of Young Persons (Chapter VII)
| Category | Age | Restrictions |
|---|---|---|
| Child | Below 14 years | Absolutely prohibited from working in any factory. Cannot be employed at all. |
| Child (14–15 years) | 14 to below 15 | May work only with certificate of fitness by certifying surgeon. Maximum 4.5 hours/day. Only between 8 AM and 7 PM. Not during night shift. |
| Adolescent | 15 to below 18 | Certificate of fitness required. Maximum 4.5 hours/day. Only between 6 AM and 7 PM (not night work). Cannot work on machines in motion. Token showing fitness must be worn. |
| Adult | 18 years and above | Full provisions apply — maximum 9 hours/day, 48 hours/week |
Penalties (Chapter X)
| Offence | Penalty |
|---|---|
| General contravention (occupier/manager) | Imprisonment up to 2 years OR fine up to ₹1,00,000 OR both. For continuing offence: further fine of ₹1,000 per day. |
| Contravention causing death or serious bodily injury | Imprisonment up to 3 years OR fine up to ₹3,00,000 OR both (doubled for repeated offence within 3 years) |
| Obstruction of Inspector | Imprisonment up to 6 months OR fine up to ₹10,000 |
| Falsification of records | Imprisonment up to 2 years OR fine up to ₹1,00,000 OR both |
| Worker contravention (Sec 40-A) | Fine up to ₹500 |
Important Case Laws
- Nagpur Electric Light & Power Co. v. Nagpur Municipality (1941): Defined "factory" — mere presence of machinery insufficient; manufacturing process must occur.
- Gujarat State Road Transport Corporation v. Rambhai Prabhat Bhai (1979): Established that welfare officers have a statutory duty and their dismissal by employer without Government approval is invalid.
- Kirloskar Bros. Ltd. v. ESI Corporation (1996) — SC: Clarified that the "occupier" is the person with ultimate control. Corporate liability extends to all directors jointly & severally.
- M.C. Mehta v. Union of India — Oleum Gas Leak Case (1987) — SC: Established the principle of Absolute Liability for hazardous industries — no exceptions. Enterprise engaged in inherently dangerous hazardous activity is absolutely liable to compensate those affected, whether or not the enterprise took due care. Goes beyond the Rylands v. Fletcher "strict liability" rule.
- Bhopal Gas Leak Case (Union Carbide Corporation v. Union of India): Led to concept of absolute liability and major amendments to Factories Act in 1987 adding Chapter IV-A on hazardous processes.
Overview
Applicability: Applies to all employees listed in Schedule II (now broadened) including workers in factories, mines, plantations, construction, transport, and others. Does NOT apply to workers covered under ESI Act (they get benefit under ESI instead).
When is Compensation Payable?
- Death resulting from an employment injury
- Permanent total disablement — injury results in total incapacity for all work (e.g., loss of both eyes, loss of both legs)
- Permanent partial disablement — injury causes partial reduction in earning capacity (e.g., loss of one finger — percentage loss calculated per Schedule I)
- Temporary disablement — total inability to work for a period, then recovery (e.g., fractured leg that heals)
- Occupational diseases — diseases listed in Schedule III that arise from specific occupations (e.g., silicosis from mining, byssinosis from textile work)
Amount of Compensation
| Type of Injury | Compensation Formula |
|---|---|
| Death | 50% of monthly wages × Relevant factor (based on age from Schedule IV) OR ₹1,20,000 whichever is more |
| Permanent Total Disablement | 60% of monthly wages × Relevant factor OR ₹1,40,000 whichever is more |
| Permanent Partial Disablement | % of loss of earning capacity (Schedule I) × PTD compensation amount |
| Temporary Disablement | 25% of weekly wages during period of disablement (paid half-monthly). Waiting period: 3 days. Payable from 4th day if disablement >28 days; from 1st day if >28 days. |
Commissioner for Employees' Compensation
Any dispute about compensation is referred to the Commissioner for Employees' Compensation (not a civil court). Employer must deposit the compensation amount with Commissioner who then distributes it. Fatal accidents must be reported to Commissioner within 7 days.
Overview
Applicability: Applies to non-seasonal factories with 10 or more employees (State Governments may extend to other establishments). Workers with wages up to ₹21,000/month are covered (₹25,000 for persons with disabilities).
Contributions
| Contributor | Rate of Contribution |
|---|---|
| Employer's contribution | 3.25% of wages |
| Employee's contribution | 0.75% of wages |
| Total | 4% of wages |
| Exemption | Workers earning ₹137/day or less are exempt from contributing (employer still pays) |
Contributions deposited monthly with ESIC within 21 days of end of month.
Benefits Under ESI
| Benefit | Description | Rate |
|---|---|---|
| Sickness Benefit | Cash benefit during certified illness/injury requiring rest from work | 70% of average daily wages for max 91 days in 2 consecutive benefit periods |
| Extended Sickness Benefit | For prolonged illness (34 specified diseases — TB, cancer, etc.) | 80% of average wages for up to 2 years |
| Enhanced Sickness Benefit | For workers undergoing vasectomy/tubectomy (family planning) | Full wages for 7/14 days |
| Maternity Benefit | Confinement, miscarriage, sickness arising from pregnancy | Full wages for 26 weeks (confinement) / 6 weeks (miscarriage) |
| Disablement Benefit | Employment injury causing temporary or permanent disablement | Temporary: 90% of wages during disablement. Permanent: monthly pension based on extent of disablement. |
| Dependants' Benefit | Monthly pension to dependants of worker who dies from employment injury | 90% of wages distributed among dependants |
| Medical Benefit | Full medical care for insured person AND their family (spouse and children) | No limit — full medical care from ESIC dispensaries/hospitals |
| Funeral Expenses | Lump sum paid to person who performs funeral of insured person | ₹15,000 lump sum |
| Unemployment Allowance (RAJIV GANDHI SHRAMIK KALYAN YOJANA) | For workers who lose employment due to factory closure/retrenchment (after 3 years of contributions) | 50% of wages for up to 1 year; medical benefit for 1 year |
Overview & Purpose
Applicability:
- Principal employer employing 20 or more contract workers on any day in preceding 12 months
- Contractor employing 20 or more workers (State may lower to 5 or more)
- Does NOT apply to establishments doing intermittent or casual work
Key Provisions
| Provision | Requirement |
|---|---|
| Registration of Principal Employer | Must register their establishment with the Registering Officer before employing contract labour |
| Licensing of Contractor | Every contractor must hold a valid licence from the Licensing Officer before undertaking contract work. Licence specifies maximum workers, nature of work, duration. |
| Welfare & Health Facilities by Contractor | Contractor must provide: canteen (100+ workers), rest rooms, first aid, latrines & urinals, drinking water, washing facilities |
| Wages | Contractor responsible for payment of wages to contract workers within prescribed time. If contractor fails, principal employer is liable to pay and recover from contractor. |
| Abolition of Contract Labour | Central/State Government can prohibit contract labour in any establishment/process by notification — if work is perennial in nature or core to the establishment's activities. |
| Registers & Records | Contractor must maintain register of contract workers (Form XIII), muster roll, wages register. Principal employer must maintain register (Form XII). |
Public Liability Insurance Act (PLIA), 1991
Applicability: Every owner handling any hazardous substance listed in the Schedule above the threshold quantity must take out insurance policies.
Key provisions:
- Owner must take out and maintain ONE or more insurance policies covering liability to pay relief under the Act
- On occurrence of accident, owner MUST give notice to the Collector (District Magistrate) within a prescribed period
- The Collector holds an inquiry and disburses relief without a court order
- An Environment Relief Fund is maintained from contributions by owners — for cases where insurance is insufficient
- Relief scales (as per Rules): death — ₹25,000; permanent total disability — ₹25,000; hospitalisation for 3+ days — ₹12,500; property damage — ₹6,000 (immediate relief, in addition to court compensation)
Social Accountability Standard — SA 8000
9 Elements of SA 8000:
- Child Labour: No child labour under 15 years. No young workers in hazardous work.
- Forced or Compulsory Labour: No forced, bonded, prison, or compulsory labour. Workers free to leave after reasonable notice.
- Health and Safety: Safe and healthy working environment. Identify and control hazards. Training on health and safety. PPE provided. Accident investigation.
- Freedom of Association & Right to Collective Bargaining: Workers' right to form and join trade unions and to collective bargaining.
- Discrimination: No discrimination based on race, caste, national origin, religion, disability, gender, sexual orientation, union membership.
- Disciplinary Practices: No corporal punishment, mental or physical coercion, or verbal abuse.
- Working Hours: Not more than 48 hours/week. At least one day off per week. Overtime limited to 12 hours/week and voluntary. Overtime at premium rate.
- Remuneration: Wages to meet at least legal minimum, preferably basic needs. No deductions for disciplinary purposes unless permitted by law.
- Management Systems: Company must have policies, procedures, and records demonstrating compliance with all SA 8000 requirements. Internal audits, corrective actions, and periodic reviews required.
Indian Boilers Act, 1923
Key Provisions:
- Registration: Every boiler must be registered before use. Registration number plate must be affixed to the boiler.
- Inspection & Certificate: No boiler may be used without a valid certificate of fitness issued by the Inspector of Boilers. Certificates renewed annually by inspection.
- Certificate of competency for boiler attendants: Only persons holding a certificate of competency (boiler attendant certificate) can operate steam boilers. Minimum age 18 years.
- Maximum allowable working pressure (MAWP): Boiler must never be operated above its registered MAWP. Safety valves must be set to open before MAWP is reached.
- Hydraulic pressure test: Before first registration and after repairs — boiler hydraulically tested to 1.5× MAWP to check structural integrity.
- Accident reporting: Any boiler explosion or serious accident must be immediately reported to the Inspector. Inspector investigates and submits report.
- Penalty: Using boiler without certificate — imprisonment up to 6 months OR fine up to ₹5,000.
Allied Regulations: Indian Boiler Regulations (IBR) 1950 — detailed technical requirements for design, materials, construction, testing, and operation of boilers and pressure parts.
Indian Electricity Act, 2003 & Rules
Key Safety Provisions (Electricity Rules/Regulations):
- Earthing: All electrical installations must be effectively earthed. Earthing conductors, earthing electrodes, and earth continuity conductors must be of adequate capacity and properly connected.
- Cutout/fuse: Every service line must be protected by an approved cutout (fuse or circuit breaker) as close as practicable to its point of origin.
- Notice of accidents: Every accident on electrical lines or apparatus causing loss of human life or bodily injury must be reported to the Inspector of Electrical Inspectorate within 24 hours.
- Testing and inspection: Electrical installations to be tested and inspected periodically. Portable electrical appliances — regular PAT (Portable Appliance Testing).
- Clearances: Minimum clearances of overhead electrical lines above ground and above buildings specified to prevent accidental contact.
- Permit-to-work system: Working on high-voltage equipment requires formal permit-to-work with isolation, earthing, testing, and barricading before work begins.
- Qualified electrical supervisor: All electrical work to be supervised by a qualified supervisor holding certificate of competency.
- Penalty: Causing death by negligence with electrical equipment — imprisonment up to 2 years + fine.
Indian Explosives Act, 1884 & Rules
Key provisions:
- Licence for manufacture: No person can manufacture explosives without a licence from the Chief Controller of Explosives (PESO).
- Licence for storage: Storage of more than prescribed quantity of explosives requires a storage licence. Magazines must be licensed and comply with separation distances.
- Licence for purchase and use: Explosives can only be purchased by licence holders. End users (blasting contractors, mines) require a possession/use licence.
- Transport: Explosives transported only in approved vehicles, separately from detonators. Special rules for transport of detonators (initiating explosives).
- Separation distances: Licensed magazines must maintain prescribed safety distances from inhabited buildings, public roads, and railways.
- Shot firer's certificate: Only persons holding a valid certificate of competency (shot firer's certificate) may use explosives for blasting.
Petroleum Act, 1934 & Rules
Classification of Petroleum (by flash point):
| Class | Flash Point | Examples | Storage Restrictions |
|---|---|---|---|
| Class A | Below 23°C | Petrol (gasoline), naphtha, benzene | Most stringent — licensed storage, special tanks, earthing, separation distances |
| Class B | 23°C to below 65°C | Kerosene, turpentine, certain solvents | Licensed storage required above certain quantities |
| Class C | 65°C to 93°C | Diesel, fuel oil, lubricating oils | Less stringent than Class A & B |
Key provisions: Licence required for storage above prescribed quantities. Storage areas must have fire safety equipment, earthing, no ignition sources. Tanker vehicles must display hazard placards. No smoking signs must be prominently displayed.
Gas Cylinder Rules, 2004 & Calcium Carbide Rules & Insecticides Act
Key requirements:
- Every gas cylinder to be tested hydraulically at 2× working pressure before first use and periodically thereafter (every 5 years for most cylinders).
- Cylinders to be colour-coded by content (e.g., oxygen — black body; acetylene — maroon body; LPG — red body; nitrogen — grey body with black stripe).
- Cylinders must never be overfilled beyond stated water capacity. Gas filling only by licensed filling stations.
- Transport: cylinders must be transported upright, secured, with valve protection caps on, in ventilated vehicles.
- Storage: cylinders to be stored upright, chained, in well-ventilated shade, away from heat. Separate storage of flammable (fuel) and oxidising (O₂) cylinders — minimum 3 metres apart or separated by fire-resistant wall.
Calcium Carbide Rules: Govern storage and handling of calcium carbide (generates acetylene gas when wet). Must be stored in dry, sealed containers, away from moisture. Licensed storage above 1 kg.
Insecticides Act, 1968 & Rules: Regulates manufacture, sale, storage, transport, distribution, and use of insecticides. Prevents hazards from pesticide poisoning in agricultural and industrial settings. Registration of insecticides mandatory. Labels must carry hazard classification and safety instructions.
Static & Mobile (Unfired) Pressure Vessel Rules, 1981 (as amended 2000)
Key provisions:
- All pressure vessels above threshold (pressure >1 kg/cm² and volume >25 litres) must be registered with Inspector of Factories.
- Before first use and after major repair: hydraulic test to 1.5× MAWP.
- Periodic inspection by competent person at prescribed intervals (typically every 2 years for static vessels).
- Safety valves/relief valves must be fitted and tested to ensure they open before MAWP is exceeded.
- Maximum safe working pressure to be marked on each vessel (stamped metal plate).
- Vessels must not be used beyond design life without re-evaluation by a competent engineer.
Radiation Protection Rules
The Atomic Energy (Radiation Protection) Rules, 2004 under the Atomic Energy Act, 1962 govern the use of radioactive materials and radiation-generating equipment (X-ray machines, gamma irradiators, nuclear reactors) in India. Administered by the Atomic Energy Regulatory Board (AERB).
- Licence: All radiation facilities must be licensed by AERB. Individual users (radiographers, nuclear medicine staff) must be trained and licensed.
- Radiation dose limits: Occupationally exposed workers — effective dose limit: 20 mSv per year (averaged over 5 years); 30 mSv in any single year. General public: 1 mSv per year.
- ALARA principle: Radiation exposure must be kept As Low As Reasonably Achievable — not merely below the limit.
- Personal dosimetry: All radiation workers must wear TLD (Thermoluminescent Dosimeter) badges to monitor cumulative exposure.
- Radiation monitoring: Regular contamination checks, area surveys with Geiger-Muller counters.
- Medical surveillance: Annual medical examination including blood count for all radiation workers.
Hazardous Material Transportation Rules
The Central Motor Vehicles Act, 1988 & Central Motor Vehicles Rules, 1989 govern road transport of hazardous goods. Supplemented by the Ministry of Road Transport's Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
- UN classification: Hazardous goods classified into 9 UN classes (Class 1=Explosives, 2=Gases, 3=Flammables, 4=Flammable solids, 5=Oxidisers, 6=Toxic, 7=Radioactive, 8=Corrosive, 9=Miscellaneous).
- ADR compliance: Vehicles must comply with hazmat transport rules — UN placards on all four sides showing class/division label, UN number, emergency info panel.
- Driver training: Drivers of hazmat vehicles must be specially trained and licensed.
- Emergency information: Transport Emergency Card (TREM card) or HAZCHEM card with emergency contact numbers must accompany each consignment.
- Route planning: Certain hazmat routes restricted; tunnels, bridges, residential areas may require permits or alternative routes.
Dock Workers (Safety, Health & Welfare) Act, 1996
Key provisions:
- Safe access to ships — safe gangways, ladders, lighting
- Safe working loads for all dock lifting equipment — tested and certified
- Hatch covers — safety rails, adequate lighting in holds
- Dangerous goods handling — special precautions for flammable, toxic, explosive cargo
- Welfare facilities — canteen, rest rooms, first aid, washing
- Safety Committee in docks employing 500+ workers
Building & Other Construction Workers (RE&CS) Act, 1996 & Rules
Applicability: Every establishment employing 10 or more building workers on any building or other construction work.
Key safety provisions (Central Rules 1998 & State Rules):
- Registration: Every employer (principal contractor) must register under the Act. Every building worker must register with the Board.
- Safety Officer: Construction projects with 500+ workers must have a full-time Safety Officer.
- Safety Committee: Projects with 500+ workers — joint safety committee of management and workers.
- Scaffolding: Must be constructed by competent persons. Inspected before first use and after any alteration. Load-bearing capacity minimum 4× intended load. Guard rails at all working platforms above 2 metres.
- Excavations: All excavations more than 1.5 metres deep must be shored or sloped, with barriers at edges.
- Cranes and hoisting equipment: Testing, certification, daily inspection by operator, safe working load markings.
- PPE: Hard hats, safety harnesses for work at height, safety boots — to be provided by employer at no cost.
- First aid: First aid box for every 150 workers. Ambulance vehicle for 250+ workers on projects more than 30 km from hospital.
Building & Other Construction Workers Welfare Cess Act, 1996: Employers in construction must pay a cess (levy) of 1–2% of cost of construction to fund welfare schemes for construction workers — housing, health, scholarships, pension, maternity benefit.
West Bengal Building & Other Construction Workers (RE&CS) Rules, 2004: State-specific rules implementing the central Act for West Bengal, including local provisions on wages, working conditions, welfare facilities, and safety measures.
Water (Prevention & Control of Pollution) Act, 1974
Key Provisions:
- Central & State Pollution Control Boards: CPCB at national level; SPCB in each state. SPCBs issue consent to establish and consent to operate (NOC) to industries.
- Consent to Establish (CTE): Any new industry that may discharge effluents must obtain prior consent from SPCB before establishing the unit.
- Consent to Operate (CTO): Annual renewal of consent to continue operating. Non-compliance leads to cancellation of consent and closure.
- Discharge standards: CPCB prescribes standards for effluent quality. Industries must not discharge effluents exceeding these standards into water bodies.
- Effluent treatment: Industries must set up and maintain Effluent Treatment Plants (ETPs) to treat waste water before discharge.
- Penalty: Discharge beyond standards — imprisonment 1.5 to 6 years + fine. Failure to comply with Board directions — imprisonment 1 to 6 years + fine. Damage to water quality — Court can direct closure.
Air (Prevention & Control of Pollution) Act, 1981 & Rules, 1982
Key Provisions:
- All industries with air emissions must obtain consent from SPCB before establishing and before operating.
- Emission standards for specific pollutants (particulate matter, SO₂, NOₓ, VOCs) set by CPCB.
- Industries must install air pollution control equipment (scrubbers, bag filters, ESP — electrostatic precipitators) to meet standards.
- Stack height requirements — minimum chimney height to ensure adequate dispersion of emissions.
- Ambient air quality standards prescribed for residential, industrial, and sensitive areas.
- Penalty for violations: imprisonment 1.5 to 6 years + fine (same structure as Water Act).
- Vehicles — in 1987, vehicles were brought under the Air Act; now regulated by MoRTH under Motor Vehicles Act.
Motor Vehicles Act, 1988 (as amended 2000) & Central Motor Vehicles Rules, 1989
Environmental relevance of Motor Vehicles Act:
- Emission standards: Bharat Stage (BS) emission standards (equivalent to Euro standards) apply to all vehicles. Currently BS-VI (2020). All vehicles must pass periodic emission tests (PUC — Pollution Under Control certificate).
- PUC certificate: Mandatory for all registered vehicles. Tested at authorised PUC centres. Certificate valid 3–6 months. No PUC = challan (traffic fine).
- Transport of Hazardous Goods Rules (under MVA): Vehicles transporting hazardous goods must comply with prescribed requirements for labels, placards, vehicle marking, documentation, driver training, and emergency equipment.
- Third party insurance: Compulsory third party insurance for all vehicles — covers compensation to accident victims.
Environment Protection Act, 1986 & Rules
Key Features:
- Overarching power: Central Government has power to: restrict location of industries in certain areas, prescribe environmental quality standards, inspect facilities, take samples, analyse, and issue directions (including closure).
- Environmental standards: Standards for emission or discharge of environmental pollutants from different industries prescribed in Environment (Protection) Rules, 1986.
- Environmental Impact Assessment (EIA): Under EPA, the EIA Notification (2006) requires prior environmental clearance from MoEFCC for prescribed categories of projects (Category A — from Centre; Category B — from State).
- Polluter pays principle: Cost of cleaning up pollution to be borne by the polluter.
- Power of entry and inspection: Government officials authorised to enter premises, inspect records, take samples. Failure to cooperate is an offence.
- Penalty: Violation of EPA — imprisonment up to 5 years + fine up to ₹1,00,000. For continuing offence: additional ₹5,000 per day. If violation continues beyond 1 year: up to 7 years imprisonment.
Specific Rules framed under EPA 1986 (many of which are exam topics):
- Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2016
- Bio-Medical Waste Management Rules, 2016
- Manufacture, Storage and Import of Hazardous Chemical Rules, 1989
- Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996
- Noise Pollution (Regulation and Control) Rules, 2000
- Plastic Waste Management Rules, 2016
- E-Waste (Management) Rules, 2016
Noise Pollution (Regulation & Control) Rules, 2000
| Area Category | Day (6 AM–10 PM) dB(A) | Night (10 PM–6 AM) dB(A) |
|---|---|---|
| Industrial Area | 75 | 70 |
| Commercial Area | 65 | 55 |
| Residential Area | 55 | 45 |
| Silence Zone (hospitals, educational institutions, courts) | 50 | 40 |
Occupational noise exposure limit (as per IS 3483 & Factory Rules): 90 dB(A) for 8-hour exposure. For every 5 dB(A) increase above 90, allowable exposure halves. Maximum permissible: 115 dB(A) for 15 minutes per day.
Controls for occupational noise: Engineering controls (enclosures, silencers, vibration isolation) — first preference. Administrative controls (job rotation, limiting exposure time). PPE (ear muffs, ear plugs) — last resort. Audiometric testing for workers exposed above 85 dB(A).
Hazardous Waste (Management, Handling & Transboundary Movement) Rules, 2016
Key provisions:
- Authorisation: All generators, transporters, operators of Treatment, Storage, and Disposal Facilities (TSDFs) must obtain authorisation from SPCB.
- Manifest system: Hazardous waste tracked from generator to disposal site using a 6-copy manifest (document trail). Generator issues manifest; each link in chain signs off and retains a copy.
- Storage: Generators can store hazardous waste on-site for up to 90 days only. Dedicated, labelled storage area required. Incompatible wastes stored separately.
- Labelling: All containers of hazardous waste must be labelled with waste type, hazard class, generator name/address.
- TSDF: Treatment, Storage, and Disposal Facility — licensed facilities for scientific disposal of hazardous waste. Common TSDF (set up by industry cluster) reduces cost for small generators.
- Basel Convention: India is a signatory. Transboundary movement of hazardous waste subject to Basel Convention provisions — prior informed consent of receiving country required.
Bio-Medical Waste Management Rules, 2016
| Category | Type of Waste | Colour Bag/Container | Treatment |
|---|---|---|---|
| Yellow | Infectious/anatomical waste (placenta, dressings, expired medicines, microbiological cultures) | Yellow bag/container | Incineration/deep burial (anatomical) |
| Red | Contaminated waste (soiled IV sets, catheters, urine bags) | Red bag | Autoclaving + shredding + recycling |
| White/Translucent | Sharps (needles, syringes with fixed needles, lancets) | White/translucent puncture-proof container | Autoclaving + shredding OR encapsulation |
| Blue | Glassware (damaged, discarded glass slides, broken glass) | Blue/white puncture-proof box | Disinfection + shredding or encapsulation |
- Every health care facility (HCF) must obtain authorisation from SPCB
- Waste must be segregated at source into appropriate coloured bags/containers
- Bio-medical waste must be handed over to Common Bio-Medical Waste Treatment Facility (CBMWTF) within 48 hours
- Staff handling bio-medical waste must be immunised (Hepatitis B vaccine) and trained
Chemical Accidents (Emergency Planning, Preparedness & Response) Rules, 1996
Four-Tier Structure:
- Site Level (Tier I): Local emergency plan prepared by the occupier of the hazardous installation. Occupier to maintain on-site emergency plan and conduct mock drills at least once a year.
- District Level (Tier II): Off-site emergency plan prepared by District Collector. District Crisis Group (DCG) established under Collector. Plan covers response to accidents affecting outside factory boundary.
- State Level (Tier III): State Crisis Group (SCG) under the Chief Secretary coordinates multi-district chemical emergencies and provides resources to districts.
- Central Level (Tier IV): Central Crisis Group (CCG) under Secretary, MoEFCC. Handles major national-level chemical disasters and coordinates with international bodies.
Manufacture, Storage & Import of Hazardous Chemicals Rules, 1989 (MSIHC Rules)
Key Requirements:
- Notification: Industries must notify the authority (Chief Inspector of Factories, SPCB) about quantities and types of hazardous chemicals handled above threshold (Schedule 2 quantities).
- Safety data sheets (SDS/MSDS): Manufacturers/importers of hazardous chemicals must prepare and provide safety data sheets to users. SDS must contain 16 sections including identity, hazard identification, composition, first aid, fire fighting, handling & storage, exposure controls, and emergency response.
- Major accident hazard sites: Sites above threshold quantities in Schedule 3 classified as Major Accident Hazard (MAH) installations. Must prepare a Safety Report and submit to SPCB/Factory Inspector.
- Emergency plan: MAH installation operators must prepare, test, and update on-site emergency plans.
- Right to know: Workers and community in the vicinity must be informed of nature of hazards and what to do in an emergency.