NATIONAL SAFETY COUNCIL OF INDIA

HSE Information - NATIONAL SAFETY COUNCIL OF INDIA – DAIRY 2011

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THE PUBLIC LIABILITY INSURANCE ACT, 1991 NO. 6 OF 1991 [22nd January, 1991.]

An Act to provide for public liability insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling any hazardous substance and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Forty-first Year of the Republic of India as follows:--

1. Short title and commencement. 

(1) This Act may be called the Public Liability Insurance Act, 1991.

(2) It shall come into force on such date as the Central Government may, by notification, appoint.

2. Definitions.

In this Act, unless the context otherwise requires,-- 1*[`(a) "accident" means an accident involving a fortuitous or sudden or unintended occurrence while handling any hazardous substance resulting in continuous or intermittent or repeated. exposure to death of, or injury to, any person or damage to any property but does not include an accident by reason only of war or radio-activity;';] (b) "Collector" means the Collector having jurisdiction over the area in which the accident occurs; (c) "handling", in relation to any hazardous substance, means the manufacture, processing, treatment, package, storage, transportation by vehicle, use, collection, destruction. conversion, offering for sale, transfer or the like of such hazardous substance; (d) "hazardous substance" means any substance or preparation which is defined as hazardous substance under the Environment (Protection) Act, 1986, (29 of 1986.) and exceeding such quantity as may be specified, by notification, by the Central Government; (e) "insurance" means insurance against liability under sub- section (1) of section 3; (f) "notification" means a notification published in the Official Gazette; 1*["(g) "owner" means a person who owns, or has control over handling, any hazardous substance at the time of accident and includes,-- (i) in the case of a firm, any of its partners; (ii) in the case of an association, any of its members; and (iii) in the case of a company, any of its directors, managers, secretaries or other officers who is directly in charge of, and is responsible to, the company for the conduct of the business of the company;';] --------------------------------------------------------------------- 1 Subs by Act 11 of 1992, S.2 (w.e.f 31-1-1992) 14 (h) "prescribed" means prescribed by rules made under this Act; 1*[`(ha) "Relief Fund" means the Environmental Relief Fund established under section 7A;'.] (i) "rules" means rules made under this Act; (j) "vehicle" means any mode of surface transport other than railways.

3. Liability to give relief in certain cases on principle of no fault.

(1) Where death or injury to any person (other than a workman) or damage to any property has resulted from an accident, the owner shall be liable to give such relief as is specified in the Schedule for such death, injury or damage. (2) In any claim for relief under sub-section (1) (hereinafter referred to in this Act as claim for relief), the claimant shall not be required to plead and establish that the death, injury or damage in respect of which the claim has been made was due to any wrongful act, neglect or default of any person. Explanation.--For the purposes of this section,-- (i) "workman" has the meaning assigned to it in the Workmen's Compensation Act, 1923; (8 of 1923.) (ii) "injury" includes permanent total or permanent partial disability or sickness resulting out of an accident.

4. Duty of owner to take out insurance policies.

(1) Every owner shall take out, before he starts handling any hazardous substance, one or more insurance policies providing for contracts of insurance whereby he is insured against liability to give relief under sub- section (1) of section 3: Provided that any owner handling any hazardous substance immediately before the commencement of this Act shall take out such insurance policy or policies as soon as may be and in any case within a period of one year from such commencement. (2) Every owner shall get the insurance policy, referred to in subsection (1), renewed from time to time before the expiry of the period of validity thereof so that the insurance policies may remain in force throughout the period during which such handling is continued. 2*[`(2A) No insurance policy taken out or renewed by an owner shall be for an amount less than the amount of the paid-up capital of the undertaking handling any hazardous substance and owned or controlled by that owner, and more than the amount, not exceeding fifty crore rupees, as may be prescribed. Explanation.--For the purposes of this sub-section, "paid-up capital" means, in the case of an owner not being a company, the market value of all assets and stocks of the undertaking on the date of contract of insurance. (2B) The liability of the insurer under one insurance policy shall not exceed the amount specified in the terms of the contract of insurance in that insurance policy. (2C) Every owner shall also, together with the amount of premium, pay to the insurer, for being credited to the Relief Fund established under section 7A, such further amount, not exceeding the sum equivalent to the amount of premium, as may be prescribed. (2D) The insurer shall remit to the authority specified in subsection (3) of section 7A the amount received from the owner under sub-section (2C) for being credited to the Relief Fund in such manner and within such period as may be prescribed and where the insurer fails to so remit that amount, it shall be recoverable from the insurer as arrears of land revenue or of public demand.'.] (3) The Central Government may, by notification, exempt from the operation of sub-section (1) any owner, namely:-- (a) the Central Government; (b) any State Government; (c) any corporation owned or controlled by the Central Government or a State Government; or (d) any local authority: Provided that no such order shall be made in relation to such owner unless a fund has been established and is maintained by that owner in accordance with the rules made in this behalf for meeting any liability under sub-section (1) of section 3. --------------------------------------------------------------------- 1 Ins. by Act 11 of 1992, S.2 (w.e.f 31-1-1992) 2 Ins by S.3, ibid (w.e.f 31-1-1992) 15

5. Verification and publication of accident by Collector.

Whenever it comes to the notice of the Collector that an accident has occurred at any place within his jurisdiction, he shall verify the occurrence of such accident and cause publicity to be given in such manner as he deems fit for inviting applications under sub-section (1) of section 6.

6. Application for claim for relief. 

(1) An application for claim for relief may be made-- (a) by the person who has sustained the injury; (b) by the owner of the property to which the damage has been caused; (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) by any agent duly authorised by such person or owner of such property or all or any of the legal representatives of the deceased, as the case may be: Provided that where all the legal representatives of the deceased have not joined in any such application for relief, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined shall be impleaded as respondents to the application. (2) Every application under sub-section (1) shall be made to the Collector and shall be in such form, contain such particulars and shall be accompanied by such documents as may be prescribed. (3) No application for relief shall be entertained unless it is made within five years of the occurrence of the accident.

7. Award of relief. 

(1) On receipt of an application under sub- section (1) of section 6, the Collector shall, after giving notice of the application to the owner and after giving the parties an opportunity of being heard, hold an inquiry into the claim or, each of the claims, and may make an award determining the amount of relief which appears to him to be just and specifying the person or persons to whom such amount of relief shall be paid. (2) The Collector shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award. 1*["(3) When an award is made under this section,-- (a) the insurer, who is required to pay any amount in terms of such award and to the extent specified in sub-section (2B) of section 4, shall, within a period of thirty days of the date of announcement of the award, deposit that amount in such manner as the Collector may direct;] (b) the Collector shall arrange to pay from the Relief Fund, in terms of such award and in accordance with the scheme made under section 7A, to the person or persons referred to in sub- section (1) such amount as may be specified in that scheme; (c) the owner shall, within such period, deposit such amount in such manner as the Collector may direct."; (4) In holding any inquiry under sub-section (1), the Collector may, subject to any rules made in this behalf, follow such summary procedure as he thinks fit. (5) The Collector shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; --------------------------------------------------------------------- 1 Subs by Act 11 of 1992, S.4 (w.e.f 31-1-1992) 16 and the Collector shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. (2 of 1974.) (6) Where the insurer or the owner against whom the award is made under sub-section (1) fails to deposit the amount of such award within the period specified under sub-section (3), such amount shall be recoverable from the owner, or as the case may be, the insurer as arrears of land revenue or of public demand. (7) A claim for relief in respect of death of, or injury to, any person or damage to any property shall be disposed of as expeditiously as possible and every endeavour shall be made to dispose of such claim within three months of the receipt of the application for relief under sub-section (1) of section 6. 1*["(8) Where an owner is likely to remove or dispose of his property with the object of evading payment by him of any amount of the award, the Collector may, in accordance with the provisions of rules 1 to 4 of Order XXXIX of the First Schedule to the Code of Civil Procedure, 1908, grant a temporary injunction to restrain such act.".] 7A. Establishment of Environmental Relief Fund. "7A. Establishment of Environmental Relief Fund. (1) The Central Government may, by notification, establish a fund to be known as the Environmental Relief Fund. (2) The Relief Fund shall be utilised for paying, in accordance with the provisions of this Act and the scheme made under sub-section (3), relief under the award made by the Collector under section 7. (3) The Central Government may, by notification, make a scheme specifying the authority in which the Relief Fund shall vest, the manner in which the Relief Fund shall be administered, the form and the manner in which money shall be drawn from the Relief Fund and for all other matters connected with or incidental to the administration of the Relief Fund and the payment of relief therefrom.".

8. Provisions as to other right to claim compensation for death, etc.

(1) The right to claim relief under sub-section (1) of section 3 in respect of death of, or injury to, any person or damage to any property shall be in addition to any other right to claim compensation in respect thereof under any other law for the time being in force. (2) Notwithstanding anything contained in sub-section (1), where in respect of death of, or injury to, any person or damage to any property, the owner, liable to give claim for relief, is also liable to pay compensation under any other law, the amount of such compensation shall be reduced by the amount of relief paid under this Act.  

9. Power to call for information.

Any person authorized by the Central Government may, for the purposes of ascertaining whether any requirements of this Act or of any rule or of any direction given under this Act have been complied with, require any owner to submit to that person such information as that person may reasonably think necessary.

10. Power of entry and inspection. 

Any person, authorized by the Central Government in this behalf, shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place, premises or vehicle, where hazardous substance is handled for the purpose of determining whether any provisions of this Act or of any rule or of any direction given under this Act is being or has been complied with and such owner is bound to render all assistance to such person.

11. Power of search and seizure.

(1) If a person, authorized by the Central Government in this behalf, has reason to believe that handling of any hazardous substance is taking place in any place, premises or vehicle, in contravention of sub-section (1) of section 4, he may enter into and search such place, premises or vehicle for such handling of hazardous substance. (2) Where, as a result of any search under sub-section (1) any handling of hazardous substance has been found in relation to which contravention of sub-section (1) of section 4 has taken place, he may seize such hazardous substance and other things which, in his opinion, will be useful for, or relevant to, any proceeding under this Act: Provided that where it is not practicable to seize any such substance or thing, he may serve on the owner an order that the owner shall not remove, part with, or otherwise deal with, the hazardous substance and such other things except with the previous permission of that person. --------------------------------------------------------------------- 1 Ins by Act 11 of 1992, S.4 (w.e.f 31-1-1992) 2 Ins by S.5, ibid (w.e.f 31-1-1992) 17 (3) He may, if he has reason to believe that it is expedient so to do to prevent an accident dispose of the hazardous substance seized under sub-section (2) immediately in such manner as the may deem fit. (4) All expenses incurred by him in the disposal of hazardous substances under sub-section (3) shall be recoverable from the owner as arrears of land revenue or of public demand.

12. Power to give directions. 

Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in exercise of its powers and performance of its functions under this Act, issue such directions in writing as it may deem fit for the purposes of this Act to any owner or any person, officer, authority or agency and such owner, person, officer, authority or agency shall be bound to comply with such directions. Explanation.--For the removal of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct-- (a) prohibition or regulation of the handling of any hazardous substance; or (b) stoppage or regulation of the supply of electricity, water or any other service.

13. Power to make application to Courts for restraining owner from handling hazardous substances.

(1) If the Central Government or any person authorized by that Government in this behalf has reason to believe that any owner has been handling any hazardous substance in contravention of any of the provisions of this Act, that Government or, as the case may be, that person may make an application to a Court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of first class for restraining such owner from such handling. (2) On receipt of the application under sub-section (1), the Court may make such order as it deems fit. (3) Where under sub-section (2), the Court makes an order restraining any owner from handling hazardous substance, it may, in that order-- (a) direct such owner to desist from such handling; (b) authorise the Central Government or, as the case may be, the person referred to in sub-section (1), if the direction under clause (a) is not complied with by the owner to whom such direction is issued, to implement the direction in such manner as may be specified by the Court. (4) All expenses incurred by the Central Government, or as the case may be, the person in implementing the directions of Court under clause (b) of sub-section (3), shall be recoverable from the owner as arrears of land revenue or of public demand. 18

14. Penalty for contravention of sub-section (1) or sub-section (2) of section 4 or failure to comply with directions under section 12. 

(1) Whoever contravenes any of the provisions of 1*["sub-section (1) or sub-section (2) or sub-section (2A) or sub-section (2C)"] (2) of section 4 or fails to comply with any direction issued under section 12, he shall be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years, or with fine which shall not be less than one lakh rupees, or with both. (2) Whoever, having already been convicted of an offence under sub-section (1), is convicted for the second offence or any offence subsequent to the second offence, he shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine which shall not be less than one lakh rupees. (3) Nothing contained in section 360 of the Code of Criminal Procedure, 1973, (2 of 1974) or in the Probation of Offenders Act, 1958, (20 of 1958.) shall apply to a person convicted of an offence under this Act unless such person is under eighteen years of age.

15. Penalty for failure to comply with direction under section 9 or orderunder section 11 or obstructing any person in discharge of hisfunctions under section 10 or 11.

If any owner fails to comply with direction issued under section 9 or fails to comply with order issued under sub-section (2) of section 11, or obstructs any person in discharge of his functions under section 10 or sub-section (1) or sub- section (3) of section 11, he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to ten thousand rupees, or with both.

16. Offenses by companies. 

(1) Where any offense under this Act has been committed by a company, every person who, at the time the offense was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offense and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offense was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offense. (2) Notwithstanding anything contained in sub-section (1), where an offense under this Act has been committed by a company and it is proved that the offense has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offense and shall be liable to be proceeded against and punished accordingly. --------------------------------------------------------------------- 1 Subs by Act 11 of 1992, S.6 (w.e.f 31-1-1992) 19 Explanation.--For the purposes of this section,-- (a) "company" means any body corporate and includes a firm or other association of individuals; (b) "director", in relation to a firm, means a partner in the firm.

17. Offenses by Government Departments. 

Where an offense under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offense and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offense was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offense. 

18. Cognizance of offenses.

No court shall take cognizance of any offense under this Act except on a complaint made by-- (a) the Central Government or any authority or officer authorized in this behalf by that Government; or (b) any person who has given notice of not less than sixty days in the manner prescribed, of the alleged offense and of his intention to make a complaint, to the Central Government or the authority or officer authorized as aforesaid.

19. Power to delegate.

The Central Government may, by notification, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this Act (except the power under section 23) as it may deem necessary or expedient to any person (including any officer, authority or other agency).

20. Protection of action taken in good faith. 

No suit, prosecution or other legal proceeding shall lie against the Government or the person officer, authority or other agency in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder.

21. Advisory Committee. 

(1) The Central Government may, from time to time, constitute an Advisory Committee on the matters relating to the insurance policy under this Act. (2) The Advisory Committee shall consist of-- (a) three officers representing the Central Government; (b) two persons representing the insurers; (c) two persons representing the owners; and (d) two persons from amongst the experts of insurance or hazardous substances, to be appointed by the Central Government. (3) The Chairman of the Advisory Committee shall be one of the members representing the Central Government, nominated in this behalf by that Government. 20

22. Effect of other laws.

The provisions of this Act and any rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.

23. Power to make rules.

(1) The Central Government may, by notification, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1*["(a) the maximum amount for which an insurance policy may be taken out by an owner under sub-section (2A) of section 4; (aa) the amount required to be paid by every owner for being credited to the Relief Fund under sub-section (2C) of section 4; (ab) the manner in which and the period within which the amount received from the owner is required to be remitted by the insurer under sub-section (2D) of section 4;";] 1*[(ac)] establishment and maintenance of fund under sub- section (3) of section 4; (b) the form of application and the particulars to be given therein and the documents to accompany such application under sub-section (2) of section 6; (c) the procedure for holding an inquiry under sub-section (4) of section 7; (d) the purposes for which the Collector shall have powers of a Civil Court under sub-section (5) of section 7; (e) the manner in which notice of the offense and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 18; (f) any other matter which is required to be, or may be, prescribed. (3) Every 1*[rule or scheme] made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the 1*[rule or scheme] or both Houses agree that the 1*[rule or scheme] should not be made, the 1*[rule or scheme] shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that 1*[rule or scheme]. --------------------------------------------------------------------- 1 Re-lettered, ins and Subs by Act 11 of 1992, S.7 (w.e.f 31-1- 1992) 21 SCHE See section 3(1) THE SCHEDULE [See section 3(1)] (i) Reimbursement of medical expenses incurred up to a maximum of Rs. 12,500 in each case. (ii) For fatal accidents the relief will be Rs. 25,000 per person in addition to reimbursement of medical expenses, if any, incurred on the victim up to a maximum of Rs. 12,500. (iii) For permanent total or permanent partial disability or other in jury or sickness, the relief will be (a) reimbursement of medical expenses incurred, if any, up to a maximum of Rs. 12,500 in each case and (b) cash relief on the basis of percentage of disablement as certified by an authorized physician. The relief for total permanent disability will be Rs. 25,000. (iv) For loss of wages due to temporary partial disability which reduces the earning capacity of the victim, there will be a fixed monthly relief not exceeding Rs. 1,000 per month up to a maximum of 3 months: provided the victim has been hospitalized for a period exceeding 3 days and is above 16 years of age. (v) Up to Rs. 6,000, depending on the actual damage, for any damage to private property.

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Safety Belts & Harness

Belt: A flexible band, as of leather or cloth, worn around the waist to support clothing, secure tools or weapons, or serve as decoration.

Harness: A support consisting of an arrangement of straps/belts for holding something to the body.

A Brief History of Safety Belts & Haness

At the beginning everyone called them sissy belts. Each tool trailer had a couple of safety belts but they used them more often as tools rather than safety devices. The cowboy attitude discouraged eeryone from ever becoming dependant on them. Any display of fear or hesitation at heights would certainly bring criticism, mistrust, and harassment and possibly even termination. Therefore question is - How could you get anything done?

Prior to the debut of OSHA (Occupational Safety and Health Administration) the cost of construction projects were estimated in terms of dollars and lives. The general rule of thumb was a life for each million dollars. Falls were by far the most common cause of fatal accidents.

During the early seventies the advent of OSHA and the rising cost of litigation caused companies to begin changing their attitude about personal fall protection. They were than required to wear safety belts but most of them were negligent about securing them. Some of them were downright stubborn. A far too familiar sight was a worker lying broken on the ground with the lanyard of his safety belt tied into a knot neatly out of his way. Again the Question gets repeated - How could you get anything done?

While making surprise inspections OSHA levied heavy fines on the contractor and worker as well. Agents commonly gathered evidence from offsite positions with the use of telescopic photo lenses. Insurance companies put heavy pressure on their client construction companies. By the end of the seventies most of contractors were accustomed to using safety belts and were encouraged to use them properly.

The eighties brought about the concept of 100 % tie off. A worker was than required to have two lanyards attached to his safety belt. If used properly the worker would be secured by at least one lanyard 100% of the time. No longer could he walk a beam or even move around freely. Moving from one place to another turned into a monotonous chore of fastening and unfastening the safety lanyards. The Question still comes - How could one ever get anything done?

By the nineties the risk management bean counters began to take a closer look at injuries caused by safety belts. The safety belt could most certainly save a life but at the same time could cause serious back injuries. While safety experts instructed us to wear the lanyard in the back to avoid back injury the state of the art belt had "D" rings on each side slightly in front. This design made the belt handy to sit in like a work belt though it was not approved for that purpose.

The next evolution in personal fall protection was the full body safety harness. By the end of the nineties the full body safety harness was in use almost universally around the construction industry. Today if a worker is injured from a fall it can almost certainly be proven that he violated a safety rule.

The harness is a most restrictive and uncomfortable device. About 12 to 15 lbs of weight is added to the already heavy load of equipment and tools. It effectively covers all the pockets. It does not easily accommodate the wearing of a tool belt or a bolt bag.

Uncomfortable and restrictive though it may be, they are still getting things done. Only now things are done much safer. Without criticism everyone can now protect himself for a long career and corporate benefactors are reaping a better bottom line.

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OSH - Policy - Govt of India

Government of India

Ministry of Labour and Employment

NATIONAL POLICY ON SAFETY, HEALTH AND ENVIRONMENT AT WORK PLACE

1. PREAMBLE

1.1 The Constitution of India provide detailed provisions for the rights of the citizens and also lays down the Directive Principles of State Policy which set an aim to which the activities of the state are to be guided.

1.2 These Directive Principles provide
(a) for securing the health and strength of employees, men and women;
(b) that the tender age of children are not abused;
(c) that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
(d) just and humane conditions of work and maternity relief are provided; and
(e) that the Government shall take steps, by suitable legislation or in any other way, to secure the participation of employee in the management of undertakings, establishments or other organisations engaged in any industry.

1.3 On the basis of these Directive Principles as well as international instruments, Government is committed to regulate all economic activities for management of safety and health risks at workplaces and to provide measures so as to ensure safe and healthy working conditions for every working man and woman in the nation. Government recognizes that safety and health of workers has a positive impact on productivity and economic and social development. Prevention is an integral part of economic activities as high safety and health standard at work is as important as good business performance for new as well as existing industries.

1.4 The formulation of policy, priorities and strategies in occupational safety, health and environment at work places, is undertaken by national authorities in consultation with social partners for fulfilling such objectives. A critical role is played by the Government and the social partners, professional safety and health organizations in ensuring prevention and in also providing treatment, support and rehabilitation services.

1.5 Government of India firmly believes that without safe, clean environment as well as healthy working conditions, social justice and economic growth cannot be achieved and that safe and healthy working environment is recognized as a fundamental human right. Education, training, consultation and exchange of information and good practices are essential for prevention and promotion of such measures.

1.6 The changing job patterns and working relationships, the rise in self employment, greater sub-contracting, outsourcing of work, homework and the increasing number of employees working away from their establishment, pose problems to management of occupational safety and health risks at workplaces. New safety hazards and health risks will be appearing along with the transfer and adoption of new technologies. In addition, many of the well known conventional hazards will continue to be present at the workplace till the risks arising from exposure to these hazards are brought under adequate control. While advancements in technology have minimized or eliminated some hazards at workplace, new risks can emerge in their place which needs to be addressed.

1.7 Particular attention needs to be paid to the hazardous operations and of employees in risk prone conditions such as migrant employees and various vulnerable groups of employees arising out of greater mobility in the workforce with more people working for a number of employers, either consecutively or simultaneously.

1.8 The increasing use of chemicals, exposure to physical, chemical and biological agents with hazard potential unknown to people; the indiscriminate use of agro-chemicals including pesticides, agricultural machineries and equipment; industries with major accident risks; effects of computer controlled technologies and alarming influence of stress at work in many modern jobs pose serious safety, health and environmental risks.

1.9 The fundamental purpose of this National Policy on Safety, Health and Environment at workplace, is not only to eliminate the incidence of work related injuries, diseases, fatalities, disaster and loss of national assets and ensuring achievement of a high level of occupational safety, health and environment performance through proactive approaches but also to enhance the well-being of the employee and society, at large. The necessary changes in this area will be based on a co-ordinated national effort focused on clear national goals and objectives.

1.10 Every Ministry or Department may work out their detailed policy relevant to their working environment as per the guidelines on the National Policy.


2. GOALS:

The Government firmly believes that building and maintaining national preventive safety and health culture is the need of the hour. With a view to develop such a culture and to improve the safety, health and environment at work place, it is essential to meet the following requirements:-

2.1 Providing a statutory framework on Occupational Safety and Health in respect of all sectors of industrial activities including the construction sector, designing suitable control systems of compliance, enforcement and incentives for better compliance.

2.2 Providing administrative and technical support services.

2.3. Providing a system of incentives to employers and employees to achieve higher health and safety standards.

2.4 Providing for a system of non-financial incentives for improvement in safety and health.

2.5. Establishing and developing the research and development capability in emerging areas of risk and providing for effective control measures.

2.6. Focusing on prevention strategies and monitoring performance through improved data collection system on work related injuries and diseases.

2.7 Developing and providing required technical manpower and knowledge in the areas of safety, health and environment at workplaces in different sectors.

2.8 Promoting inclusion of safety, health and environment, improvement at workplaces as an important component in other relevant national policy documents.

2.9 Including safety and occupational health as an integral part of every operation.


3. OBJECTIVES:
3.1 The policy seeks to bring the national objectives into focus as a step towards improvement in safety, health and environment at workplace. The objectives are to achieve:-
(a) Continuous reduction in the incidence of work related injuries, fatalities, diseases, disasters and loss of national assets.
(b) Improved coverage of work related injuries, fatalities and diseases and provide for a more comprehensive data base for facilitating better performance and monitoring.
(c) Continuous enhancement of community awareness regarding safety, health and environment at workplace related areas.
(d) Continually increasing community expectation of workplace health and safety standards.

(e) Improving safety, health and environment at workplace by creation of "green jobs" contributing to sustainable enterprise development.


4. ACTION PROGRAMME:

For the purpose of achieving the goals and objectives mentioned in paragraphs 2 and 3 above, the following action programme is drawn up and where necessary time bound action programme would be initiated, namely:-

4.1. Enforcement
4.1.1 By providing an effective enforcement machinery as well as suitable provisions for compensation and rehabilitation of affected persons.
4.1.2 By effectively enforcing all applicable laws and regulations concerning safety, health and environment at workplaces in all economic activities through an adequate and effective labour inspection system.
4.1.3 By establishing suitable schemes for subsidy and provision of loans to enable effective implementation of the policy.
4.1.4 By ensuring that employers, employees and others have separate but complementary responsibilities and rights with respect to achieving safe and healthy working conditions.
4.1.5 By amending expeditiously existing laws relating to safety, health and environment and bring them in line with the relevant international instruments.
4.1.6 By monitoring the adoption of national standards through regulatory authorities.
4.1.7 By facilitating the sharing of best practices and experiences between national and international regulatory authorities.
4.1.8 By developing new and innovative enforcement methods including financial incentives that encourage and ensure improved workplace performance.
4.1.9 By making an enabling legislation on Safety, Health and Environment at Workplaces.
4.1.10 By setting up safety and health committees wherever deemed appropriate. 

4.2 National Standards

4.2.1 By developing appropriate standards, codes of practices and manuals on safety, health and environment for uniformity at the national level in all economic activities consistent with international standards and implementation by the stake holders in true spirit.
4.2.2 By ensuring stakeholders awareness of and accessibility to applicable policy, documents, codes, regulations and standards.

4.3 Compliance
4.3.1 By encouraging the appropriate Government to assume the fullest responsibility for the administration and enforcement of occupational safety, health and environment at workplace, provide assistance in identifying their needs and responsibilities in the area of safety, health and environment at workplace, to develop plans and programmes in accordance with the provisions of the applicable Acts and to conduct experimental and demonstration projects in connection therewith.
4.3.2 By calling upon the co-operation of social partners in the supervision of application of legislations and regulations relating to safety, health and environment at work place.
4.3.3 By continuous improvement of Occupational Safety and Health by systems approach to the management of Occupational Safety and Health including developing guidance on Occupational Safety and Health management systems, strengthening voluntary actions, including mechanisms for self-regulatory concept and establishing auditing mechanisms which can test and authenticate occupational safety and health management systems.
4.3.4 By providing specific measures to prevent catastrophes, and to co-ordinate and specify the actions to be taken at different levels, particularly in the industrial zones with high potential risks.
4.3.5 By recognising the best safety and health practices and providing facilitation for their adoption.
4.3.6 By providing adequate penal provisions as deterrent for violation of laws for the time being in force.
4.3.7 By encouraging all concerned to adopt and commit to "Responsible Care" and / or "Corporate Social Responsibility" to improve safety, health and environment at workplace performance.
4.3.8 By ensuring a suitable accreditation machinery to recognise institutions, professionals and services relating to safety, health and environment at workplace for uniformity and greater coverage as also authenticating safe management system.
4.3.9 By encouraging employers to ensure occupational safety and health management systems, establish them in efficient manner to improve workplace safety and health.
4.3.10 By specifically focusing on such occupational diseases like pneumoconiosis and silicosis; developing a framework for its prevention and control as well as develop technical standards and guidelines for the same.
4.3.11 By promoting safe and clean technology and progressively replacing materials hazardous to human health and environment.

4.4 Awareness
4.4.1 By increasing awareness on safety, health and environment at workplace through appropriate means.
4.4.2 By providing forums for consultations with employers’ representatives, employees representatives and community on matters of national concern relating to safety, health and environment at work place with the overall objective of creating awareness and enhancing national productivity.
4.4.3 By encouraging joint labour-management efforts to preserve, protect and promote national assets and to eliminate injuries and diseases arising out of employment.
4.4.4 By raising community awareness through structured, audience specific approach.
4.4.5 By continuously evaluating the impact of such awareness and information initiatives.
4.4.6 By maximizing gains from the substantial investment in awareness campaigns by sharing experience and learning.
4.4.7 By suitably incorporating teaching inputs on safety, health and environment at work place in schools, technical, medical, professional and vocational courses and distance education programme.
4.4.8 By securing good liaison arrangements with the International organizations.
4.4.9 By providing medical criteria wherever necessary which will assure insofar as practicable that no employee will suffer diminished health, functional capacity, or life expectancy as a result of his work place activities and that in the event of such occupational diseases having been contracted, is suitably compensated.
4.4.10 By providing practical guidance and encouraging employers and employees in their efforts to reduce the incidence of occupational safety and health risks at their places of employment and to impress upon employers and employees to institute new programmes and to improve existing programmes for providing safe and healthful working conditions, requiring employers to ensure that workers and their representatives are consulted, trained, informed and involved in all measures related to their safety and health at work.

4.5 Research and Development

4.5.1 By providing for research in the field of safety, health and environment at workplace, including the social and psychological factors involved, and by developing innovative methods, techniques including computer aided Risk Assessment Tools, and approaches for dealing with safety, health and environment at workplace problems which will help in establishing standards.
4.5.2 By exploring ways to discover latent diseases, establishing causal connections between diseases and work environmental conditions, updating list of occupational diseases and conducting other research relating to safety, health and environmental problems at workplace.
4.5.3 By establishing research priorities as per national requirements; exploring partnerships and improving communications with various national and international research bodies.
4.5.4 By ensuring a coordinated research approach and an optimal allocation of resources in Occupational Safety and Health sector for such purposes. 

4.6 Occupational safety and health skills development
4.6.1 By building upon advances already made through employer and employee initiative for providing safe and healthy working conditions. 
4.6.2 By providing for training programmes to increase the number and competence of personnel engaged in the field of occupational safety, health and environment at workplace. 
4.6.3 By providing information and advice, in an appropriate manner, to employers and employees organisations, with a view to eliminating hazards or reducing them as far as practicable. 
4.6.4 By establishing occupational health services aimed at protection and promotion of health of employee and improvement of working conditions and by providing employee access to these services in different sectors of economic activities. 
4.6.5 By integrating health and safety into vocational, professional and labour related training programmes as also management training including small business practices. 
4.6.6 By adopting Occupational Safety and Health training curricula in workplace and industry programmes.

4.7 Data collection
4.7.1 By compiling statistics relating to safety, health and environment at work places, prioritising key issues for action, conducting national studies or surveys or projects through governmental and non-governmental organisations.
4.7.2 By reinforcing and sharing of information and data on national occupational safety, health and environment at work place information amongst different stake holders through a national network system on Occupational Safety and Health.
4.7.3 By extending data coverage relevant to work-related injury and disease, including measures of exposure, and occupational groups that are currently excluded, such as self-employed people.
4.7.4 By extending data systems to allow timely reporting and provision of information.
4.7.5 By developing the means for improved access to information.

4.8 Review
4.8.1 An initial review and analysis shall be carried out to ascertain the current status of safety, health and environment at workplace and building a national Occupational Safety and Health profile.
4.8.2 National Policy and the action programme shall be reviewed at least once in five years or earlier if felt necessary to assess relevance of the national goals and objectives.

 

5. Conclusion:

5.1 There is a need to develop close involvement of social partners to meet the challenges ahead in the assessment and control of workplace risks by mobilising local resources and extending protection to such working population and vulnerable groups where social protection is not adequate.

5.2 Government stands committed to review the National Policy on Safety, Health and Environment at Workplace and legislations through tripartite consultation, improve enforcement, compilation and analysis of statistics; develop special programmes for hazardous operations and other focus sectors, set up training mechanisms, create nation-wide awareness, arrange for the mobilisation of available resources and expertise.

5.3 The National Policy and programme envisages total commitment and demonstration by all concerned stake holders such as Government and social partners. Our goals and objectives will be that through dedicated and concerted efforts consistent with the requirements of safety, health and environment at work place and thereby improving the quality of work and working life.

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Safety Highlights For Workers at Construction Sites

Working at construction sites /industry can be dangerous. The nature of the work carries risks, and accidents can result in serious injuries or even death.

As seen, everyday construction workers face dangers that threaten their health and lives.(Author: Brian Medini) According to OSHA, each year- 1000 workers die in construction related accidents - A quarter of a million workers suffer injuries resulting in lost work days - Construction accidents cost heavily to industry in workers compensation cost alone

As per OSHA statistics only 90% of the fatalities occur in four categories

- Caught between objects - Struck by objects - Electrocution - Falls
These accidents are, therefore, preventable and can be avoided with the proper safety training, precaution, and common sense.

OSHA (Occupational Safety and Health Administration) law requires employers to provide a work place that is safe and free from hazards.

Construction work can indeed be dangerous. The line between a near miss and a fatality is thin. Although, the government will enforce safety and health laws and employers have an obligation to provide a safe and healthy workplace, it is still your responsibility, and you owe it to yourself and your loved ones, to stay safe and out of harms way.

Government regulators and inspectors cannot be present at construction sites at all times and, due the nature of the construction business, employers cannot guarantee a 100% safe work place. Simple things such as a change in the weather or the momentary inattention of a fellow worker can lead to a dangerous situation in an instant.

With the proper safety training, awareness of your rights and responsibilities, and vigilance against hazardous work conditions you can reduce, if not eliminate altogether, your risk of being injured at work. Here are some things you can do.

- Take advantage of training programs provided by your employer, your union, and your safety society. - Observe safety rules and regulations at all times. - Know your equipment and use them correctly. - Wear and use the right personal protective equipment at all times. - Use proper barriers and guards always. - Don't take short cuts with fire, electrical, or fall protection safety equipment. - Be sure to crib, block and secure all loads as soon as possible. - Take the time to do the job correctly. - Report unsafe work conditions. - Refuse to work in unsafe conditions.

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USEFUL SAFETY RULES FOR CONSTRUCTION SITES

ALL OF SAFETY RULES MUST BE OBEYED. FAILURE TO DO SO WILL RESULT IN SERIOUS LOSSES TO HEALTH AND LIFE.

1. Keep your mind on your work at all times. No horseplay on the job. Injury or termination or both can be the result.

2. Personal safety equipment must be worn as prescribed for each job, such as: safety glasses for eye protection, hard hats at all times within the confines of the construction area where there is a potential for falling materials or tools, gloves when handling materials, and safety shoes are necessary for protection against foot injuries.

3. Precautions are necessary to prevent sunburn and to protect against burns from hot materials.

4. If any part of your body should come in contact with an acid or caustic substance, rush to the nearest water available and flush the affected part. Secure medical aid immediately.

5. Do not distract the attention of fellow workers. Do no engage in any act which would endanger another employee.

6. The use of illegal drugs or alcohol or being under the influence of the same on the project shall be cause for termination. Inform your supervisor if taking strong prescription drugs that warn against driving or using machinery.

7. You must watch where you are walking. Never run.

8. Sanitation facilities have been or will be provided for your use. Defacing or damaging these facilities is forbidden.

9. A good job is a clean job, and a clean job is the start of a safe job. So keep your working area free from rubbish and debris.

10. Lift correctly - with legs, not the back. If the load is too heavy GET HELP. Stay fit. Control your weight. Do stretching exercises. Approximately twenty percent of all construction related injuries result from lifting materials.

11. Barricade danger areas. Guard rails or perimeter cables may be required.

12. Never move an injured person unless it is absolutely necessary. Further injury may result. Keep the injured as comfortable as possible and utilize job site first- aid equipment until an ambulance arrives.

13. Know where firefighting equipment is located and be trained on how to use it.

14. Do not use a compressor to blow dust or dirt from your clothes, hair, or hands.

15. Nobody but operator shall be allowed to ride on equipment unless proper seating is provided.

16. Do not use power tools and equipment until you have been properly instructed in the safe work methods and become authorized to use them.

17. Be sure that all guards are in place. Do not remove, displace, damage, or destroy any safety device or safeguard furnished or provided for use on the job, nor interfere with the use thereof.

18. Do not enter an area which has been barricaded.

19. If you must work around power shovels, trucks, and dozers, make sure operators can always see you. Barricades are required for cranes.

20. Never oil, lubricate, or fuel equipment while it is running or in motion.

21. Before servicing, repairing, or adjusting any powered tool or piece of equipment, disconnect it, lock out the source of power, and tag it out.

22. Never work aloft if you are afraid to do so, if you are subject to dizzy spells, or if you are apt to be nervous or sick.

23. Trenches over five feet deep must be shored or sloped as required. Keep out of trenches or cuts that have not been properly shored or sloped. Excavated or other material shall not be stored nearer than two feet from the edge of the excavation. Excavations less than 5 ft may also require cave in protection in some instances.

24. Use the "four and one" rule when using a ladder. One foot of base for every four feet of height.

25. Portable ladders in use shall be equipped with safety feet unless ladder is tied, blocked or otherwise secured. Step ladders shall not be used as a straight ladder.

26. Ladders must extend three feet above landing on roof for proper use.

27. Defective ladders must be properly tagged and removed from service.

28. Keep ladder bases free of debris, hoses, wires, materials, etc.

29. Build scaffolds according to manufacturers' recommendations OR as per client’s requirement.

30. Scaffold planks shall be properly lapped, cleated or otherwise secured to prevent shifting.

31. Use only extension cords of the three-prong type. Use ground fault circuit interrupters at all times and when using tools in wet atmosphere (e.g. outdoors) or with any temporary power supply. Check the electrical grounding system daily.

32. Never enter a manhole, well, shaft, tunnel or other confined space which could possibly have a nonrespirable atmosphere because of lack of oxygen, or presence of toxic or flammable gas, or has a possibility of engulfment by solids or liquids. Make certain a qualified person tests the confined area with an appropriate detector before entry, that the necessary safety equipment is worn. Standby
person may be required to be stationed at the entrance.

33. Never throw anything "overboard." Someone passing below may be seriously injured.

34. Open fires are prohibited.

35. Know what emergency procedures have been established for your job site. (location of emergency phone, first aid kit, stretcher location, fire extinguisher locations, evacuation plan, etc.)

36. The use of harnesses with safety lines when working from unprotected high places is mandatory. Always keep your line as tight as possible.

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