Labour Laws are very helpful for the labour as well as factories to establish well-being facilities for workers and increase the productivity of factories. The Factories Act, of 1948, The Workman Compensation Act, of 1923, and The Industrial Dispute Act, of 1947 are very essential to implement for the workers in all factories. This legislation was enacted with the best of intentions, yet primarily protects workers; and prohibits child labour and the safety of women workers. Safe working conditions as well as healthy situations are very important nowadays. Factories must focus on implementing rules and regulations, providing health safety measures, reducing the load on workers, and providing life insurance to labourers or workers. Union Government and state government should establish awareness camps of rights for the labourers.
Keywords:- Provide health and safety measures, provide insurance scheme, labour training and education, implement rules and regulations, Awareness camps of workers' legal rights.
Labour Laws help workers in various aspects of the industry work. In today’s world, many incidents are happening with Mineworkers, Industry workers, and Coal workers. In India, there are various labour laws enacted by parliament for the benefit of workers. Labour law plays a very essential role in workers' lives providing a healthy environment, safety measures, compensations, safe working conditions, training, education and basic work amenities, Medical treatments, Welfare measures, Insurance Facilities Etc. Labour laws in India have a vast history. Firstly British enacted The Factory Act in 1881 including the provisions for labor rights and their conditions in industry. It focused on maintaining the working hours of children and women in textile industries.
However, the main impact towards attracting workers' health and safety came with future developments. As per the needs of working conditions of workers, the Factories Act of 1948 was enacted by the Government of India and it includes various as well as important provisions regarding healthy and safe environments and measures for workers. After The Factories Act of 1948, The Government of India enacted various laws and regulations for the workers like the Mine Act of 1952, the Dock Workers Act of 1986, the Building and Constructions Act of 1996 Etc.
The primary objectives of labour laws on the health and safety of workers are including to protect workers' lives from long hours of work strain or manual work, providing a healthy and suitable work environment in factories, taking precautions for workers' safety, taking care to prohibit accidents of workers in factories work, to appoint inspectors by state Government for check every aspect of working condition at the workplace.
Problem / Issues Arising:-
In India, past four to five years many factories have been established and factories are not following the rules and regulations of labour laws. So many factories are not providing safety equipment and health measures to their workers. Workers are sustaining very injuries and mental disabilities arise due to overwork. Most workers don’t know about their rights and privileges in today’s time due to this reason they suffer from unhealthy working environments and unsafely working conditions. In India, There are various hazardous incidents happen with workers in factories due to negligence of factory management and owners.
Problems are arising regarding Indian labour health and safety conditions following in nature:-
1. Not Safe Working Conditions:- In recent times many dangerous as well as hazardous incidents happened with workers in so many factories due to unsafe working conditions. A government is not focusing on workers' issues and does not check the safety as well as health measures of workers.
2. Violating Rules and Laws by Factories: - Factories are started easily without checking rules and regulations about workers' health and safety conditions. In today’s time, pollution is arising due to factories' negligent.
3. Workload and Stress:- In most factories, extra work for completion on time to the workers is harmful to the workers. Due to the workload of work to the workers they survive from the stress of work completion.
4. Healthcare and Insurance:- Health care is important to maintain in every factory. If some employees are injured in the workplace then they have the right to get compensation from factories as well and every worker in the factory should be protected by insurance. In the last couple of years, factories have been established in India and they are not provided insurance to their workers. This is a big problem that arises.
5. Lack of Awareness of Workers' Rights:- Factories workers are not aware of their rights which are given by various labour laws. Workers follow illegal orders which are given by factory management. Workers doing extra work which is greater than 9 hours per day. Factories or administration of factories are focusing only on work completion. Awareness of workers’ rights about their health and safety is much more important than other things.
In recent times various problems or issues have arisen for workers in India. The above points show that workers suffer from a very painful life. In past years in India, Hazardous incidents happened due to not taking care of safety and health measures of workers and some of the incidents and cases are the following in nature:-
Bhopal Gas Tragedy of 1984:-
One of the biggest incidents happened in India due to the negligence of the factory administration. Big loss of human life happening there. Proper health and safety measures were not followed by the factory's administration due to this negligence most of the workers were dead and some of the citizens which was resided there were permanently handicapped.
Uttarkashi Accident in Silkyra Tunnel 2023:-
41 workers were trapped in this Silkyra Tunnel. These workers were rescued 14 days after this incident happened to them. The above accidents should be investigated and inquired about those who were responsible for any negligence or violation of safety measures and laws.
The Main and essential points are reducing the hazardous tragedy, accidents and very dangerous incidents at the workplace of workers. The management of the factory should find out the solution to the above problem. Some solutions in nature which is helpful for factory administration to reduce the accidents of workers and save their lives very easily:-
1. Strictly Follow the Rules and Laws:- All factories which are established in India or outside India but doing work in India must follow the rules and laws made by the Parliament of India for the safety of workers. Healthy and Safety provisions given in The Factories Act,1948. Section 11 to 20 of Chapter III of The Factories Act, 1948 including the Health of workers provisions which should be strictly followed by all factories. The safety of workers at the workplace is very important and provided by all factories and their workers. Safety provisions are also mentioned in The Factories Act, 1948 as per sections 21 to 40 of Chapter IV. These safety provisions should be strictly followed by all factories.
2. Training Programme:- All factories should be given compulsory training in machines and equipment for their workers. Factories should appoint safety officer to maintain their worker's safety. Many cases were happening in India due to negligence of safety provisions. All factories should be focused on training of workers.
3. Conduct a Wellness Program: A wellness program must also important to conducted for workers by factories. Factories should focus on the wellness of workers like giving their salary as per work, and Compensation to temporarily and permanently disabled persons due to accidents happening at the workplace.
4. Worker involvement in Safety and health planning: The factory should involve workers in safety and Health planning because workers know which type of safety equipment is needed for their work. State labour departments must check whether safety equipment is perfect for the safety of workers or not.
5. Risk Handling Team:- Factories should try to avoid accidents, and hazardous incidents and then make a risk handling team to maintain such types of future accidents and hazardous incidents. The risk handling team should use new latest technology to solve the problem and future uncertainty arises in the factory.
Eventually, the Union Labor Minister and State Labor Department must start safe and healthy projects for India’s workers in manufacturing, mining, ports construction etc. Many labour laws mention safety norms and compensation to workers but implementation is poor and supervision also worse.
In India labour laws also focus on workers' safety and health measures. These measures are fundamental in creating standards, protecting rights and promoting a culture of safety. Effective implementation is also essential to maintain free casualty, accidents and hazardous incidents. Labour law's role is important for factories and companies to establish legally and provide all necessary needs to the workers for their work. Labour Laws help workers as well as factories to increase productivity.
Amendment in Labor laws effective for workers' rights. India doesn’t have a primary law on occupational safety and health. The government should be focused on the implementation of labour laws and amend laws as per the needs of workers and factories. Labour law creates a regulatory framework for enforcing safety standards, inspections, and penalties for not following rules. The government and all factories should focus on preventing accidents, injuries and health issues for workers. The role of labour law is crucial for not only the safety and health standards of workers but also the pollution of the free environment and society.
Frequently Answered Questions (FAQ):-
Q.1. what type of role does labour law ensure in labour health and safety?
Ans:-1.Labor laws play a very crucial role in the protection of labour health, and safety, as well as reducing hazardous incidents, and accidents of labour, settling working hour limits and providing fair compensation for work-related injuries. Labour laws focus on rules and regulations of workers' rights.
2. Labor laws include the rights and responsibilities of employers and workers of the factories. Safety standards are not provided by factories then inspections, and penalties are giving the factories. Pollution-free environments are very important for workers for doing at the workplace.
Q.2 Which types of safety measures are included in labour laws?
Ans:- Following are the safety measures included in labour laws:-
· Workplace safety standards
· Fire safety measures
· Hand gloves, Face Mask, Eye safety equipment
· Safety dress codes, helmets, goggles.
· Working Hour breaks, Medical Checkup
· Safety equipment for workers Ears.
Safety Measures are important to provide workers with their work.
Q.3 Which type of health Measures are included in labour laws?
Ans:- Following are the healthy measures included in labour laws:-
Monthly and Yearly body checkups
Arrange Meditations programmes
Preventions of workloads and stress.
Promote healthy food
Healthy measures are very important to implement and mental health is essential for doing work in problematic situations.
Q.4 How workers are aware of their legal rights?
Ans:- Workers can be aware of their legal rights through the following points:-
Establish Workers Union
Labor Rights Awareness Camps
The government takes the initiative to organize awareness camps for labour rights.
Employers should conduct training programmes for workers' legal rights.
Workers should take legal advice from legal counsel.
Workers can be aware of themselves through online resources, websites and the use of technology to know about their legal rights.
Q.5. How Governments and Factories can reduce hazardous Incidents in the workplace?
Ans:- The main thing is that hazardous incidents happen due to inappropriate and insufficient safety measures provided by the factories at the workplace. Some of the strategies should be implemented by the governments and factories for workers, Here are some strategies they can implement:-
Strictly follow the Rules and Regulations and amends as per demands of situations.
Proper evaluations of previous incidents happen and find out the reasons and work on them effectively.
Appoint a Safety Officer for every factory for inspections of workplace and safety measures.
A risk assessment team was established to find out about future hazardous incidents.
Establish an emergency team to help workers to save and control issues.
Latest safety standards provide to workers and give training to workers.
These issues can be solved if some strategies or steps are followed by governments and factories.
The Occupational Safety, Health and Working Conditions Code, 2019( Visited on 05-12-2023)
2. International Labour Standards on Occupational Safety and Health ( Visited on 6-12-2023)
3. Labor and Occupational Safety Law (Visited On 6-12-2023)
4. Employees' health and safety responsibilities (Visited on 6-12-2023)
5. Labor Laws: Workplace Safety and Health (Visited on 7-12-2023)
6. Directorate of Industrial Safety and Health (Visited on 8-12-2023)