India - 2013

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Yes.
  

  • 2.2.1.1 Migrant workers

    Summary/citation: Migrant workers fall within the definition of workers as per the law. They can be considered unorganised workers or wage workers, depending on the nature and terms of their employment.
    (Unorganised Worker's Social Security Act, 2008, § 2(m),(n))

    The law includes inter-state migrant workers under the definition of workers and provides for special provisions tailored to address their needs in the course of their employment.
    (The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979)

    The law includes workers of Indian origin who travel abroad on work under the definition of worker.
    (Workmen's Compensation Act, § 2(l))

    Remarks / comments: The Unorganised Worker's Social Security Act includes migrant workers in the definition of wage workers and unorganised workers, thereby clearly bringing migrant workers under the ambit of the definition of worker.

    • Workmen' Compensation (Amendment) Act (No. 45 of 2009). (§ 2(l))

    • Unorganised Workers' Social Security Act, 2008 (No. 33 of 2008). (§ 2(m),(n))

    • Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (No. 30 of 1979) [as amended].

  • 2.2.1.2 Domestic workers

    Summary/citation: The law includes domestic workers under the definition of workers.
    (The Unorganised Worker's Social Security Act, 2008, § 2(n))

    The statute explicitly covers the welfare of domestic workers as well.
    (The Sexual Harassment of Women at Workplace (Prevention, Prohibition
    and Redressal Act), 2013, § 2(e))

    Remarks / comments: Domestic workers are understood to be unorganised workers as per the Unorganised Workers Act, 2008. Domestic workers are left out of the scope of the definition of worker under Industrial laws like the Industrial Disputes Act, 1947 or the Workmen's Compensation Act, 1929.

    • The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (No. 14 of 2013). (§ 2(e))

    • Unorganised Workers' Social Security Act, 2008 (No. 33 of 2008). (§ 2(n))

  • 2.2.1.3 Home workers

    Summary/citation: The law includes home workers under the definition of workers and defines home based workers as persons engaged in the production of goods or services for an employer in his or her home or other premises of their choice, other than the workplace of the employer in exchange for remuneration, irrespective of whether the materials, equipment or other inputs have been provided by the employer or not.

    Remarks / comments: The Unorgranised Worker's Social Security Scheme includes home based workers under its definition of unorganised workers. However, it is also important to note that the Report for the Working Group on Occupational Safety and Health for the 12th Five Year Plan (2012-17) states that there is no legislation that provides OSH protection to home based workers. ILO Convention 177 states that the Employer plays a crucial role in safeguarding the health of home based workers, and the Report contemplates implementation of this ILO guideline.

    • Unorganised Workers' Social Security Act, 2008 (No. 33 of 2008). (§ 2(b))

  • 2.2.1.4 Self-employed persons

    Summary/citation: Self- employed workers fall within the definition of workers. The law defines self-employed workers as persons who are not employed by an employer but are engaged in any occupation in the unorganised sector subject to a monthly earning of an amount as may be notified by the Central Government or the State Government from time to time or holds cultivatable land subject to State Government specified ceilings.

    • Unorganised Workers' Social Security Act, 2008 (No. 33 of 2008). (§ 2(k))

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: The Employer of workers on plantations must provide the workers with facilities of proper sanitation and drinking water. Furthermore, the employers are under a duty to make available, the medical facilities necessary to ensure the proper health and safety of the workers. If the employer fails to provide these facilities, then he or she will be acting in contravention of the law and will attract a penalty of imprisonment up to three months and/fine of Rs. 500 (USD 8.59)
  (The Plantation Labour Act, §§ 2(f), 8-10)

  The Employer is under an obligation to disclose to his or her workers, the location of insecticides stored on the work site, and must also make public the risks posed by the use of such chemicals and the proper way to handle it. Employers using and manufacturers of insecticides must not misbrand insecticides, or sell, distribute, exhibit insecticides that have not received the proper approval.
  (The Insecticides Act, § 29)

  The manufacturers of dangerous machinery such as power threshers as may be used in the agricultural sector must ensure that the machinery complies with established safety standards. Furthermore, the manufacturers are obliged to label the machinery with the appropriate danger signals, manufacturing details, and power requirements. In the event of harm caused to the workers due to faulty machinery, the manufactures are under an obligation to reimburse the worker, or the worker's family for the damage caused.
  (The Dangerous Machines Act, 1983, §§ 13-17)

  Restrictions / obligations: Workers employed on land used or intended to be used for the growth of tea, coffee, rubber or cinchona on land that measures 25 acres or more, and where such an enterprise employs 30 or more workers, are not exempt from some basic OSH provisions as per law.

  Remarks / comments: The agricultural sector provides employment to nearly 58% of the total work force (As per the Report for the Working Group on Occupational Safety and Health for the 12th Five Year Plan [2012-17]). This sector is also considered highly hazardous due to the sector's use of dangerous machinery and tools, chemical agents such as insecticides, the existence of climatic and environmental agents like dust, heat and dangerous animals, and stress owing to socio-economic problems. Specific provisions of statutes governing the use of insecticides and dangerous machinery, along with statutes dealing with plantation workers are the only OSH measures made available to agricultural workers.

  • Dangerous Machines (Regulation) Act, 1983 (No. 35 of 1983). (§§ 13-17)

  • The Insecticides Act (§ 29)

  • Plantation Labour Act (§§ 2(f), 8-10)

• 2.4.2 Construction

  Sometimes.
  

  • Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996).

• 2.4.3 Services

  No data available.
  

• 2.4.4 Public sector

  Remarks / comments: OSH provisions available under different statutes apply to private and public sector workers, unless explicitly stated otherwise.

• 2.4.5 Other

  Summary/citation: Employers are under an obligation to provide for various OSH measures by way of ensuring that the work premises are clean, ventilated, not overcrowded, adequate in providing drinking water and proper sanitation.
  (The Unorganised Worker's Social Security Act, 2008, §§ 3,4)

  Employers are under the obligation to provide for various OSH measures by ensuring that the work premises are clean, ventilated, not overcrowded, adequate in providing drinking water and proper sanitation.
  (The Beedi and Cigar Workers’ (Conditions of Employment) Act, §§ 8-15, 17, 19, 24, 25)

  OSH coverage with respect to protection against sexual harassment extends to domestic workers and workers from the unorganised sector.
  (The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal Act), 2013)

  The Government must implement schemes that promote the safety and health of workers involved with manual labour.
  (The Tamil Nadu Manual Worker (Regulation of Employment and Conditions of Work) Act, 1982)

  The provisions of the Factories Act, 1948 as amended in 2012 applies to all factories including factories wholly or partly owned or controlled by the Government, Federal Government or any other Government.
  (The Factories Act, 1948, § 80)

  The Government must implement schemes that promote the safety and health of workers involved with manual labour.
  (The Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969, § 3)

  Employers are under the duty to provide their workers (unskilled manual labourers) with facilities such as drinking water, shade, first aid, rest periods, adequate medical attention for emergencies and other health hazards present at the work site.
  (National Rural Employment Guarantee Act, 2005, § 5)

  Remarks / comments: The law defines workers to include workers from the organised and unorganised sectors. It also includes self-employed persons, domestic workers, manual labourers and home based workers. Thus OSH coverage extends to all workers. The extent and nature of coverage depends on the industry the worker belongs to. For instance, industry specific OSH measures for workers in the tobacco industry can be found in one particular statute. Social security schemes for all unorganised workers can be found in a separate statute.

  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (No. 14 of 2013).

  • Unorganised Workers' Social Security Act, 2008 (No. 33 of 2008). (§§ 3,4)

  • Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (No. 42 of 2005). (§ 5)

  • Beedi and Cigar Workers (Conditions of Employment) Amendment Act, 1993 (No. 41 of 1993). (§§ 8-15, 17, 19, 24, 25)

  • Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 (Act 33 of 1982). (§ 3)

  • Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act 1969 (No. 30 of 1969). (§ 3)

  • The Factories Act 1948 (No. 63 of 1948). (§ 80)

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Yes.
  

  • Workmen' Compensation (Amendment) Act (No. 45 of 2009). (Schedules III)

  • Employees' State Insurance Act, 1948 (No. 34 of 1948). (Schedules)

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  Summary/citation: The Workmen's Compensation Act provides the mechanism by which workers suffering from diseases identified by the prescribed authorities and listed in the Schedule to this Act may be compensated.

  • Workmen' Compensation (Amendment) Act (No. 45 of 2009). (Schedule)

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: The agencies oversee the enforcement of OSH policies in mines, factories, docks and ports. The functions of these agencies include conducting investigations and inspections of various work environments, approval of equipment and machinery, fostering discussions and awareness of health and safety measures at the workplace.

  • Official website of the Directorate General of Mines Safety (DGMS)

  • Official Website of the Directorate General, Factory Advice Service and Labour Institute (DGFASLI)

• 3.1.2 Chairperson and composition

  No data available.
  

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  No data available.
  

• 3.2.2 Governance board constitution and chairmanship

  No data available.
  

• 3.2.3 Source of funding

  No data available.
  

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  No data available.
  

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

• 4.4.1 Specific hazards for which surveillance is required

  Yes.
  

  • The Factories Act 1948 (No. 63 of 1948). (Schedule I)

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: Employers must provide and maintain readily accessible first-aid boxes and cupboards filled with prescribed medical contents. A separate responsible person is meant to be in charge of the first-aid box.
  (The Factories Act, 1948, § 45)

  Employers are under a duty to provide and maintain readily accessible first-aid boxes or cupboards equipped with the necessary medical aids. Contravention of this provision carries a penalty of imprisonment up to 3 months and/fine of Rs.1000 (USD 17.24)
  (The Mines Act, 1952, § 21)

  Employers must provide and maintain readily accessible first-aid facilities to all workers.
  (The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, § 36)

  Employers must provide and maintain readily accessible first-aid facilities to all workers, including a first-aid box.
  (The Motor Transport Workers Act, 1961, § 12)

  Employers are under the duty to provide first-aid facilities at every industrial premise.
  (The Beedi and Cigar Workers (Conditions of Employment) Act, § 15)

  Restrictions / obligations: The first-aid boxes should be made available in the following proportion: 1 for every 150 workers. An ambulance room must be provided by employers if the number of workers in the factory is equal to or exceeds 500.
  (The Factories Act, 1948, § 45)

  A first aid-room must be provided by employers where the number of workers equals or exceeds 150.
  (The Mines Act, 1952, § 21)

  • Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996). (§ 36)

  • Beedi and Cigar Workers (Conditions of Employment) Amendment Act, 1993 (No. 41 of 1993). (§ 15)

  • Motor Transport Workers Act, 1961 (No. 27 of 1961). (§ 12)

  • The Mines Act 1952 (No. 35 of 1952). (§ 21)

  • The Factories Act 1948 (No. 63 of 1948). (§ 45)

• 4.8.2 Sanitary installations

  Summary / Citation: As per law, the employer is obliged to ensure the general cleanliness of the work premises. Furthermore, the employer must ensure the availability of sufficient latrines and urinals, at convenient and accessible locations on the premises. Special facilities must be made available for women. Spittoons shall be also made available.
  (The Factories Act, 1948, §§ 11, 19, 20)

  Employers are under a duty to provide workers with clean and sanitary latrines and urinals, made accessible and marked as separate for men and women. Contravention of this provision carries a penalty of imprisonment up to 3 months and/fine of Rs.500 (USD 8.62).
  (The Plantation Labour Act, 1951, § 9)

  Employers are under a duty to provide workers with clean and sanitary latrines and urinals, made accessible and marked as separate for men and women. Contravention of this provision carries a penalty of imprisonment up to 3 months and/fine of Rs.1000 (USD 17.24).
  (The Mines Act, 1952, § 20)

  Employers are under a duty to provide workers with clean and sanitary latrines and urinals, made accessible and marked as separate for men and women.
  (The Beedi and Cigar Workers (Conditions of Employment) Act, § 12)
  

  • Beedi and Cigar Workers (Conditions of Employment) Amendment Act, 1993 (No. 41 of 1993). (§ 12)

  • The Mines Act 1952 (No. 35 of 1952). (§ 20)

  • Plantation Labour Act (§ 9)

  • The Factories Act 1948 (No. 63 of 1948). (§§ 11, 19, 20)

• 4.8.3 Drinking water

  Summary / Citation: Employers are imposed with the duty of providing their workers with clean drinking water. The points where this water is available will be marked, and must be situated at the prescribed distance away from restrooms and open drains.
  (The Factories Act, 1948, § 18)

  Employers are obliged to provide workers with clean drinking water at convenient places along with the wholesale supply of drinking water. Contravention of this provision carries a penalty of imprisonment up to 3 months and/fine of Rs.500 (USD 8.62).
  (The Plantation Labour Act, 1951, § 8)

  Employers are imposed with the duty of providing their workers with clean drinking water. The points where this water is available will be marked, and must not be situated within a distance of 6 metres from restrooms and open drains.
  (The Beedi and Cigar Workers (Conditions of Employment) Act, 1966, § 11)

  • Beedi and Cigar Workers (Conditions of Employment) Amendment Act, 1993 (No. 41 of 1993). (§ 11)

  • Plantation Labour Act (§ 8)

  • The Factories Act 1948 (No. 63 of 1948). (§ 18)

• 4.8.4 Rest and eating areas

  Summary / Citation: Employers must provide workers with rest rooms, lunch rooms and cafeterias or canteens. Employers are under a duty to provide rest room and lunch room facilities where workers may eat the food they brought with them. Drinking water must also be provided in such rooms. Employers must also provide canteen facilities to all workers at the work premises.
  (The Factories Act, 1948, §§ 46, 47)

  Employers must provide workers with canteens that are well equipped and can provide food to workers on payment. Contravention of this provision carries a penalty of imprisonment up to 3 months and/fine of Rs.500 (USD 8.62).
  (The Plantation Labour Act, 1951, § 11)

  Employers are imposed with the duty of providing canteen facilities to their workers along with other welfare measures as may be prescribed.
  (The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, § 37)
  

  Restrictions / obligations: Canteens must be provided in all factories employing 250 or more workers. Lunch rooms are to be provided in all factories employing 150 or more workers.
  (The Factories Act, 1948, §§ 46, 47)

  Canteens must be provided where there are 250 or more workers.
  (The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, § 37)
  

  • Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996). (§ 37)

  • Plantation Labour Act (§ 11)

  • The Factories Act 1948 (No. 63 of 1948). (§§ 46, 47)

5.1 Elements of an OSH management system

• 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

  Summary/citation: The law imposes the duty on employers to formulate and circulate a general policy or written statement describing his or her views on the safety and health of the workers, and the measure or arrangements currently in place in furtherance of the policy. Furthermore, the employers are duty bound to periodically revise and circulate the revised policies, among the workers in the workplace.
  Employers, managers and occupiers are duty bound to formulate an emergency plan and a safety management plan with respect to all operations taking place inside a mine. The plans must identify the health and safety risks; discuss the measures put in place to prevent accidents; provide for regular inspection and monitoring of the work premises in the hope of preventing occupational accidents.
  Employers and occupiers must keep in place, an emergency on site and off site plan detailing measures that will contain the health risk posed by a potential accident.
  Where fifty or more persons are employed to carry out building and construction work, employers of workers involved in building and construction work are under a duty to formulate and draft a written policy with respect to the safety and health of the workers employed at the workplace. The policy must be approved by the Central Government and must be displayed prominently on the workpremises in English and Hindi.
  The manufacturer or employer of manufacturing unit intending to manufacutre explosives is under a duty to submit a safety management plan to the relevant authority. This safety management plan must contain details of how the employer will undertake the task of assigning duties and responsibilities among employees, hazard risk identification, education and risk awareness, reporting of accidents and susbequent investigations, precautions against possible accidents, and emergency plan in the event of an accident.

  • Oil Mines Regulations (Section 111 and Section 112)

  • The Explosives Rules, 2008 (Rule 26(3))

  • Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996). (Section 39)

  • The Manufacture, Storage and Import of Hazardous Chemicals Rules (Rule 13 and Rule 14 )

  • The Factories Act 1948 (No. 63 of 1948). (Section 7A(3))

• 5.1.2 Appointment of a person for health and safety

  Summary/citation: Employers are under an obligation to appoint special officers for OSH matters. These officers can be called Safety Officers or Inspection Officers. The law does not necessarily imply that only senior management can be appointed to such positions although there is nothing explicit that says they cannot.
  

  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (No. 14 of 2013). (Section 4)

  • Oil Mines Regulations (Rule 26)

  • The Explosives Rules, 2008 (Rule 11)

  • Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996). (Section 38)

  • The Delhi Shops and Establishments Rules, 1954. (Section 40B and Section 49)

  • The Mines Act 1952 (No. 35 of 1952). (Section 6A)

• 5.1.3 Written risk assessment

  Summary/citation: Employers who are the manufacturer of dangerous or hazardous articles, plant or machinery, must identify the associated risks, and issue a written assessment of all the risks and satisfactorily prove that the machinery and articles will not prove to be detrimental to the worker's safety and health.
  

  • The Factories Act 1948 (No. 63 of 1948). (Section 7A and Section 7B)

• 5.1.4 Safe operating work systems and procedures

  Summary/citation: The law imposes the duty on the employer, to take measures to ensure safe systems of work, safe workplaces, and safe work procedures, all of which do not pose any health risk to the workers.
  Employers are obliged to ensure that safe systems of work and facilities equipped with necessary medical aids are made available to those working with hazardous substances.
  Employers are under a duty to ensure that the workplace is safe and does not pose any risks or barriers to persons with disabilities at the workplace.
  Employers must take care of all safety measures at the workplace in order to prevent accidents.
  

  • The Municipal Solid Waste (Management and Handling) Rules (Section 4)

  • Dock Workers (Safety, Health and Welfare) Regulations, 1990. (Section 44)

  • Insecticides Rules (Section 38(1)(d))

• 5.1.5 Training and information on risks

  Summary/citation: The law imposes on the employer the duty to inform all workers of important information relating to OSH, and futhermore the law also empowers the workers by stating that it is their right to ask and receive such information as is deemed vital to safety and health issues at the workplace.
  The Employer is obliged to provide all those working on the site, handling hazardous chemical substances, training, information and facilities regarding antedotes and safety measures in the event of emergencies.
  Employers and dock owners are under a duty to provide training to all employees, and this training shall also include information relating to safety measures and precautions to be taken at the workplace in order to prevent occupational accidents.
  Employers are duty bound to provide training to employees in the use of first aid.
  

  • Public Liability Insurance Rules, 1991. (Section 4)

  • Dock Workers (Safety, Health and Welfare) Regulations, 1990. (Section 111 and Section 114)

  • The Factories Act 1948 (No. 63 of 1948). (Section 7A and Section 111A)

  • The Workmen's Compensation Act, 1923 (No. 8 of 1923) [as amended]. (Section 12)

• 5.1.6 Review or assessment of the results of preventive measures

  Summary/citation: The employer or occupier of the workplace is duty bound to put in place measures meant to ensure the monitoring of the OSH measures and system, put in place at the workplace.
  An employer shall be responsible for providing constant and adequate supervision of any building or other construction work in his establishment so as to ensure compliance with the provisions of this Act relating to safety, and for taking all practical steps necessary to prevent accidents.
  

  • Beedi and Cigar Workers (Conditions of Employment) Amendment Act, 1993 (No. 41 of 1993). (Section 44)

  • The Factories Act 1948 (No. 63 of 1948). (Section 7A )

• 5.1.7 Consultation with workers in health and safety

  Summary/citation: Employers and occupiers are obliged to ensure that representatives of workers and the management collaborate and form a safety committee that promotes co-operation among workers in maintaining safety and health of the workers at the work premises
  The employer or occupier of the workplace is duty bound to embrace OSH measures by way of a formal safety management system and a plan that must be enforced in the work premises.

  Restrictions / obligations: Particularly relevant to factories handling hazardous substances.
  

  • The Factories Act 1948 (No. 63 of 1948). (Section 41G, Section 7A )

5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

• 6.1.1 Requirement to access expert advice and/or support in health and safety

  Summary / Citation: Employers must seek the advise of experts in the field of occupation health and safety while attempting to formulate policies, site appraisals and emergency plans.

  • The Factories Act 1948 (No. 63 of 1948). (Section 41A)

  • 6.1.1.1 Qualifications of experts or professional services

    Summary / Citation: The law imposes on employers the duty to ensure that persons are appointed, particularly in work premises handling hazardous substances, who possess the requisite expertise, qualifications and experience in handling hazardous substances and are competent in providing the necessary health and safety measures required by the workers at the premises.

    • The Factories Act 1948 (No. 63 of 1948). (Section 41C(b))

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  Summary/citation: Safety officers are required to be appointed by the employer or occupier of the workplace if the work force equals or exceeds one thousand workers.
  

  • The Indian Electricity Rules (Section 40B (1))

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

• 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

  Summary / Citation: Workers are entitled to compensation from the employer for the damage caused to them owing to contact with hazardous substances.
  

  Remarks / comments: The provisions of the Workmen's Compensation Act, 1929 apply to persons working with hazardous substances also.
  

  • The Mines Act 1952 (No. 35 of 1952). (Section 3)

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  No data available.
  

• 8.1.2 Constitution and chairmanship modalities

  No data available.
  

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters

• 8.3.1 Workforce size conditions for workers’ representation in health and safety

  No data available.
  

• 8.3.2 Conditions of eligibility to represent workers in health and safety

  No data available.
  

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  No data available.
  

• 8.4.2 Right to access OSH information

  Summary / Citation: OSH representatives and all workers have the right to receive OSH information.

  • The Workmen's Compensation Act, 1923 (No. 8 of 1923) [as amended]. (Section 111 and 111A)

• 8.4.3 Right to be present at interviews

  No data available.
  

• 8.4.4 Right to receive professional assistance from OSH experts

  Summary / Citation: OSH representatives shall receive OSH assistance from external agencies or agents in the event of inadequate provision of OSH measures at the work premises.

  • Labour inspection country profile of India (Section 111 and 111A)

• 8.4.5 Right to accompany inspectors

  No data available.
  

• 8.4.6 Right to use facilities

  No data available.
  

• 8.4.7 Right to have time off work with pay to perform duties

  No data available.
  

• 8.4.8 Right to issue remedial notices

  No data available.
  

• 8.4.9 Right to resolve OSH issues in consultation with employers

  Summary / Citation: Employers and occupiers are obliged to ensure that representatives of workers and the management collaborate and form a safety committee that promotes co-operation among workers in maintaining safety and health of the workers at the work premises. Particularly relevant to factories handling hazardous substances. The safety committee will resolve any OSH disputes through co-operation and discussion.
  

  • The Factories Act 1948 (No. 63 of 1948). (Section 41G)

• 8.4.10 Right to direct that dangerous work cease

  No data available.
  

8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

• 8.5.1 Right to enter the workplace

  Summary / Citation: Representatives from outside the workplace (e.g. Trade Unions) have the right to enter the workplace under certain circumstances that might involve resolution of trade or industrial disputes.

  • The Trade Unions Act 1926 (No. 16 of 1926).

• 8.5.2 Right to investigate suspected non-compliance with OSH legislation

  Summary / Citation: Representatives from outside the workplace (e.g. Trade Unions) have the right to enter the workplace under certain circumstances that might involve resolution of trade or industrial disputes.
  

• 8.5.3 Right to consult with workers

  Summary / Citation: Representatives from a trade union may consult with workers at work premises.
  

  • The Trade Unions Act 1926 (No. 16 of 1926).

• 8.5.4 Right to advise workers

  Summary / Citation: Representatives from a trade union have the power to advise workers at work premises.
  

  • The Trade Unions Act 1926 (No. 16 of 1926).

• 8.5.5 Right to initiate enforcement action

  Summary / Citation: Representative from a trade union may initiate enforcement action on behalf of the workers at a particular work premise.
  

  • The Trade Unions Act 1926 (No. 16 of 1926).

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: Employers and occupiers are obliged to ensure that representatives of workers and the management collaborate and form a safety committee that promotes co-operation among workers in maintaining safety and health of the workers at the work premises.Particularly relevant to factories handling hazardous substances. The safety committee will resolve any OSH disputes through co-operation and discussion.
  

  • The Factories Act 1948 (No. 63 of 1948). (Section 41G)

• 8.6.2 Conditions for establishing a joint OSH committee

  No data available.
  

• 8.6.3 Objectives, roles and/or functions of joint OSH committees

  No data available.
  

• 8.6.4 Keeping record of the work of joint OSH committees

  No data available.
  

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  No data available.
  

8.7 Mandatory training for members of joint OSH committee(s)

8.8 Protection against reprisals

8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  Summary / Citation: The law requires clear labelling and directions as to the storage, use, manufacture of hazardous chemical substances.
  

  • The Manufacture, Storage and Import of Hazardous Chemicals Rules (Rule 17)

  Related CEACR Comments
  • Benzene Convention, 1971 (No. 136) Direct Request 2015
  

• 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

  Summary / Citation: Designers, manufacturers and importers of articles and substances used in factories are under a duty to ensure that the article does not pose health risks to the workers, to adequately test the product before making it available to workers, and to take steps to ensure that the necessary information about the article is made available to the workers prior to use. Thus manufacturers of an article are also under an obligation to ensure the safety of the workers at different work premises, who are using the manufactured articles in the course of their employment.

  The employers, or occupiers of a premises, or the manufacturers, suppliers and importers of hazardous chemical substances are under a duty in law, to provide necessary information regarding the proper handling and storage of chemical substances. They are obliged to provide periodic safety reports and are required to make public any information critical to the use of these substances and the health risks they pose.

  • The Manufacture, Storage and Import of Hazardous Chemicals Rules

  • The Factories Act 1948 (No. 63 of 1948). (§ 7B)

  Related CEACR Comments
  • Benzene Convention, 1971 (No. 136) Direct Request 2015
  

• 9.2.3 Pesticides

  Summary / Citation: Manufacturers of insecticides are under a duty to prevent misbranding of the hazardous substances, and are under an obligation to provide information relevant to the health risks posed by the use of the insecticide. This obligation extends to all persons who may come into contact with the insecticides, both on the work site and elsewhere.

  The law states that unless it complies with all requirements, a prohibition on the sale of an insecticide for reasons of public safety can be imposed.
  

  • The Insecticides Act (Section 29, Section 17)

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: The law provides that the necessary facilities to ensure safe handling and mitigate risk of exposure shall be provided.
  

  • Atomic Energy (Factories) Rules 1996 (G.S.R. 253).

  Related CEACR Comments
  • Radiation Protection Convention, 1960 (No. 115) Observation 2010
  • Radiation Protection Convention, 1960 (No. 115) Direct Request 2015
  

• 9.4.2 Vibration and noise

  Summary / Citation: Employers are obliged to minimise risks posed by excessive noise and vibration caused by the use of machinery at the work premises.
  

  • Employees' State Insurance Act, 1948 (No. 34 of 1948).

• 9.4.3 Working at height

  Summary / Citation: Employers must ensure the implementation of safety measures by way of fencing, with reference to workers working at high places.
  

  • The Factories Act 1948 (No. 63 of 1948). (Section 32(c ))

• 9.4.4 Working in confined spaces

  Summary / Citation: Employers must ensure that work premises are properly ventilated and not overcrowded.
  

  • The Factories Act 1948 (No. 63 of 1948). (Section 13 and 15)

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: The law imposes on the employer the duty to fix poor facilities and buildings.
  

  • The Factories Act 1948 (No. 63 of 1948). (Section 40-A and Section 14)

• 9.4.6 Exposure to extreme temperatures

  Summary / Citation: The employer is obliged to ensure that workers are not exposed to extreme temperatures at the work premises.
  

  • Employees' State Insurance Act, 1948 (No. 34 of 1948). (Section 13)

• 9.4.7 Fire risks

  Summary / Citation: Employers must protect their workers against the risk of fire hazards, through providing adequate number of extinguishers, providing sufficent protective gear to the workers.
  

  • The Explosives Rules, 2008

  • The Factories Act 1948 (No. 63 of 1948).

• 9.4.8 Tobacco

  Summary / Citation: The law provides for OSH protection to workers handling tobacco.
  

  • Beedi and Cigar Workers (Conditions of Employment) Amendment Act, 1993 (No. 41 of 1993).

• 9.4.9 Asbestos

  No data available.
  

• 9.4.10 Risks related to nanotechnology

  No data available.
  

• 9.4.11 Contraction of HIV in the workplace

  Yes.
  

  • National Policy on HIV/AIDS and the World of Work

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  Summary / Citation: Psychosocial risks like stress owing to economic pressure are recognized by certain statutes where employers must provide measures that alleviate these kind of risks through social security schemes and insurance policies.
  

  • Unorganised Workers' Social Security Act, 2008 (No. 33 of 2008).

  • Employees' State Insurance Act, 1948 (No. 34 of 1948).

• 9.5.2 Occupational violence

  Summary / Citation: Employers are obliged to resolve trade disputes, industrial disputes and minimise instances of sexual harassment at the work place.
  

  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (No. 14 of 2013).

  • The Industrial Disputes Act, 1947 (No. 14 of 1947).

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: Employers must ensure the complete mitigation of risks posed by machinery at the work place.
  

  • The Factories Act 1948 (No. 63 of 1948). (Sections 21 to 30)

• 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

  Summary / Citation: Designers, manufacturers and importers of articles and substances used in factories are under a duty to ensure that the article does not pose health risks to the workers, to adequately test the product before making it available to workers, and to take steps to ensure that the necessary information about the article is made available to the workers prior to use. Thus manufacturers of an article are also under an obligation to ensure the safety of the workers at different work premises, who are using the manufactured articles in the course of their employment.
  (The Factories Act 1948 (No. 63 of 1948), § 7B)

  The law imposes a duty on manufacturers, designers and dealers of dangerous machinery the obligation of ensuring industry standards compliance of the machinery, and must provide clear legible indicators on machines, including points beyond which human contact must be avoided. They are duty bound to provide manuals that provide clear instructions as to the use, maintenance and general safety precautions surrounding the machinery or equipment.
  The manufacturers of dangerous machinery must ensure that the machinery complies with established safety standards. Furthermore, the manufacturers are obliged to label the machinery with the appropriate danger signals, manufacturing details, and power requirements. In the event of harm caused to the workers due to faulty machinery, the manufacturers are under an obligation to reimburse the worker, or the worker's family for the damage caused.
  (Dangerous Machines (Regulation) Act, 1983 (No. 35 of 1983), §§ 13-17)
  

  • Dangerous Machines (Regulation) Act, 1983 (No. 35 of 1983). (Chapter IV, Sections 3-17)

  • The Factories Act 1948 (No. 63 of 1948). (Sections 7B)

• 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

  Summary / Citation: Designers, manufacturers and importers of articles and substances used in factories are under a duty to ensure that the article does not pose health risks to the workers, to adequately test the product before making it available to workers, and to take steps to ensure that the necessary information about the article is made available to the workers prior to use. Thus manufacturers of an article are also under an obligation to ensure the safety of the workers at different work premises, who are using the manufactured articles in the course of their employment.

  The law imposes a duty on manufacturers, designers and dealers of dangerous machinery the obligation of ensuring industry standards compliance of the machinery, and must provide clear legible indicators on machines, including points beyond which human contact must be avoided. They are duty bound to provide manuals that provide clear instructions as to the use, maintenance and general safety precautions surrounding the machinery or equipment.
  

  • Dangerous Machines (Regulation) Act, 1983 (No. 35 of 1983). (Chapter IV)

  • The Factories Act 1948 (No. 63 of 1948). (Section 7B)

• 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

  Summary / Citation: Employers are obliged to purchase and use machinery that complies with the prescribed industry standards.
  

  • Dangerous Machines (Regulation) Act, 1983 (No. 35 of 1983).

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: The law imposes on employers and users of machinery and equipment in India, the duty to conduct periodic maintenace in an organised way, and to ensure that the machinery is compliant with the prescribed industry standards.
  

  Remarks / comments: This is a general obligation that is imposed by provisions in the Factories Act, 1948; the Dangerous Machines Act, 1983; the Workmen's Compensation Act, 1923
  

  • The Factories Act 1948 (No. 63 of 1948).

  • 9.7.5.1 List of equipment where applicable

    No data available.
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: The law imposes on employers the duty to ensure that no pregnant worker find herself employed in a task that proves detrimental to her health, requires her to stand for long hours or is of an arduous nature.Contravention entails imprisonment up to 3 months and fine of Rs.500 (USD 8.82)
  Pregnant workers must not be permitted to carry heavy loads.
  

  Restrictions / obligations: Employers must ensure that she is not employed 6 weeks prior to her delivery.
  

  Remarks / comments: The health of pregnant workers has been extensively addressed in the Maternity Benefits Act, 1961 and the relevant provisions have been referred to in other statutes.
  

  • Atomic Energy (Radiation Protection) Rules (Rule 38(1))

  • Maternity Benefit Act 1961 (No. 53 of 1961). (Section 4)

  Related CEACR Comments
  • Benzene Convention, 1971 (No. 136) Direct Request 2015
  

• 9.8.2 Protection of lactating women at work

  Summary / Citation: Pregnant workers must not be permitted to carry heavy loads.

  According to the law, employers are imposed with the duty of having to provide lactating workers with 2 breaks of the required duration, in order to nurse the child till the child attains the age of 15 months. A contravention entails imprisonment up to 3 months and fine of Rs.500 (USD 8.82)

  Employers and occupiers of factories are under a duty to provide creche facilities to all the children of women employees, who are under the age of 6 years. These rooms are required to provide women workers with the necessary facilities for feeding and caring for their children. In addition, employers must also provide milk and other refreshments, free of cost to the children. A contravention of this provision carries a penalty of imprisonment of upto 2 years and/fine of Rs.2 lakh (USD 3506.05 ). Continuance of offence after conviction carries a further fine of Rs.1000 (USD 17.53) for every day the offence continues.

  Employers in the mining industry must provide their workers with creche facilities where children as well as nursing mothers are required to undergo a medical examination once every 2 months by a registered medical practitioner.

  Employers in charge of plantations that employ women workers, are obliged to provide creche facilities for the children of women workers, who are under the age of 6 years. These facilities must be clean, ventilated and adequately provided with the necessary facilities and equipment required for the care of women and children. Contravention of this provision entails a penalty of imprisonment up to 3 months and fine of Rs. 500 (USD 8.76) and a subsequent imprisonment of 6 months and fine of Rs. 1000 (USD 17.53) for continuance of offence after conviction.

  The employer of a workplace that involves women working with atomic energy, is under a duty to provide creche facilities that are well ventilated, conveniently located, well-equipped and also provide children with free refreshments and milk. Women workers are provided with four 15 minute breaks in order to nurse and feed the child.

  Employers of women workers in the Beedi industry are under a duty to provide creche facilities at the work premises. These creches must be well ventilated, adequately equipped, suitably lighted, clean and sanitary. Free refreshments and milk must be provided to the infants, and the women workers must be provided a suitable number of breaks in order to nurse and care for their children. Contravention of these provisions carries a fine of Rs. 250 (USD 4.38) and on continuance of offence after conviction, a subsequent fine of upto Rs. 500 (USD 8.76) and/imprisonment of upto 6 months.

  Employers of women workers in the area of building and construction must make creche facilities available to women workers for their children under the age of 6 years. These creche facilities must be clean, well ventilated and well-equipped with facilities for child care. Contravention of these provisions carry a fine of upto Rs. 1000 (USD 17.52) or Rs. 100 (USD 1.75) in addition for every day of offence subsequent to conviction.
  

  Restrictions / obligations: Employers of factories that ordinarily employ thirty or more women workers, must provide creche facilities.
  

  • Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996). (Section 35)

  • Atomic Energy (Factories) Rules 1996 (G.S.R. 253). (Sections 73, 74, 75 and 76)

  • Beedi and Cigar Workers (Conditions of Employment) Amendment Act, 1993 (No. 41 of 1993). (Section 14)

  • Mines Creche Rules, 1966 (G.S.R. 516) [as amended, with comments and references to cases up to 1994]. (Section 10)

  • Maternity Benefit Act 1961 (No. 53 of 1961). (Section 11)

  • Plantation Labour Act (Section 12)

  • The Factories Act 1948 (No. 63 of 1948). (Section 48)

  Related CEACR Comments
  • Benzene Convention, 1971 (No. 136) Direct Request 2015
  

• 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

  Summary / Citation: Employers must ensure that women are restricted from certain tasks and occupations that may pose a threat to their health. Women workers are to be restricted from taking on late night shifts, unless necessary and are prevented from hoisting excessive weights or undertaking business activities that are harmful to them, or their well being.
  Employers are under a duty to ensure that women employees are not to be employed for dangerous work, as has been identified in the Central Gazzette by the Government of India.
  Employers and occupiers of mines are under a duty to prevent women from taking up a job below the ground, and to only be employed during a fixed duration of time in the day, above ground.

  • The Mines Act 1952 (No. 35 of 1952). (Section 46)

  • Bombay Shops and Establishments Act, 1948. (Section 34A)

  • The Factories Act 1948 (No. 63 of 1948). (Section 27 and Section 66)

  Related CEACR Comments
  • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2010
  

• 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

  Summary / Citation: The law imposes a number of obligations on employers with reference to the employment of young persons in various industries. This relates to the hours of work, the kind of work, and the measures put in place to safeguard the young worker's health and safety.
  Employers are under an obligation to ensure that adolescent employees are not employed for a duration longer than that specified in the Act.
  Employers must place restrictions on the amount of weight to be lifted by young employees.
  Employers are duty bound to prevent young employees from participating in dangerous business activities, or from working beyond the prescribed duration of time.

  • Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996). (Section 38)

  • Motor Transport Workers Act, 1961 (No. 27 of 1961). (Section 14)

  • Bombay Shops and Establishments Act, 1948. (Chapter VI)

  • The Factories Act 1948 (No. 63 of 1948). (Chapter VII of the Act)

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2020
  • Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) Observation 2016
  • Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) Direct Request 1994
  

10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

• 10.1.1 Work-related accidents

  Summary / Citation: The owner, agent, or manager of the mine is under a duty to record the accidents, and enter it into a register.
  The employer is under a duty to maintain a record of all accidents.
  

  • The Municipal Solid Waste (Management and Handling) Rules (Section 226)

  • The Mines Act 1952 (No. 35 of 1952). (Section 23)

• 10.1.2 Near miss incidents

  Summary / Citation: Near misses also fall under the definition of accidents and so the same provisions that apply to occupational accidents apply here as well.
  

• 10.1.3 Occupational diseases

  Summary / Citation: The employer is under a duty to maintain a record of all the workers who have contracted a disease in the course of employment
  

  • Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act 1996 (No. 27 of 1996). (Section 226)

10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: Under the law, inspectors have the power to enter workplaces in order to conduct inspections of the work premises and investigations/inquiries into accidents or dangerous occurrences.
  

  • The Factories Act 1948 (No. 63 of 1948). (Section 9)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.2.2 Power to inspect and carry out any examination, test or enquiry

  Summary / Citation: Inspectors have the power to enter the work premises and seize or take copies of any register or document or any part thereof as may be considered necessary with respect to investigating an offence committed on the work premises or any other examination to be conducted on the premises.
  

  • The Factories Act 1948 (No. 63 of 1948). (Section 9)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.2.3 Power to investigate

  Summary / Citation: Inspectors have the power to enter the work premises and seize or take copies of any register or document or any part thereof as may be considered necessary with respect to investigating an offence committed on the work premises or any other examination to be conducted on the premises.
  

  • The Factories Act 1948 (No. 63 of 1948). (Section 9)

• 11.2.4 Duty to provide advice on OSH

  Summary / Citation: Inspectors have the power to enter the work premises and seize or take copies of any register or document or any part thereof as may be considered necessary with respect to investigating an offence committed on the work premises or any other examination to be conducted on the premises.
  

  • The Factories Act 1948 (No. 63 of 1948). (Section 9)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: Inspectors have the power to issue orders to the employers to take certain steps towards remedying safety and health problems on the work premises.
  

  • The Factories Act 1948 (No. 63 of 1948). (Section 9(f) and (h))

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.3.2 Power to impose financial penalties

  Summary / Citation: The Inspectorate only has the power to issue notice to the employers and to the prescribed authority, which will then resolve the matter, thereby making a decision as regards fines and other penalties.
  

  • The Factories Act 1948 (No. 63 of 1948).

• 11.3.3 Power to revoke or suspend licenses or authorisations

  Summary / Citation: The inspector only has power to give notice of the non-compliance of the employer or occupier.
  

  • The Factories Act 1948 (No. 63 of 1948).

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: The inspector has the power to stop the dangerous work or the use of dangerous machinery so long as he or she is convinced that it poses a threat to the workers' safety and health.
  

  • The Factories Act 1948 (No. 63 of 1948). (Section 9(h))

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.3.5 Power to initiate prosecutions

  Summary / Citation: The inspector only has power to give notice of the non-compliance of the employer or occupier.
  

  • The Factories Act 1948 (No. 63 of 1948).

• 11.3.6 Power to conduct prosecutions

  Summary / Citation: The inspector only has power to give notice of the non-compliance of the employer or occupier.
  

  • The Factories Act 1948 (No. 63 of 1948).

• 11.3.7 Other enforcement powers

  Summary / Citation: The inspector has the power to order the establishment to cease its work until further notice.
  

  • The Factories Act 1948 (No. 63 of 1948). (Section 9(h))

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: Maximum - USD 1,740; Minimum - USD 8.70
  

  • The Factories Act 1948 (No. 63 of 1948). (Section 92)

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: Maximum - USD 1,740; Minimum - USD 8.70
  

  • The Factories Act 1948 (No. 63 of 1948). (Section 92)

• 11.4.3 Non-financial sanctions

  Summary / Citation: Injunctions and temporary closure of work are some of the non-financial sanctions that the Courts have imposed on non-compliant factory owners.
  

• 11.4.4 Criminal liability

  Summary / Citation: The Indian Penal Code, 1860 and the Criminal Procedure Code, 1973 are the mainstream criminal law statutes under which prosecution for crimes such as manslaughter, can be initiated.
  

  • Code of Criminal Procedure of 1973.

  • Penal Code (Act No. 45 of 1860).

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: 3 months to 2 years.
  

  • The Factories Act 1948 (No. 63 of 1948).