Workplace Safety in India: Need & Challenges
- Recent industrial tragedies, including the Ennore Thermal Power Station collapse in Chennai, underscore India’s persistent workplace safety crisis and inadequate regulatory enforcement.
Workplace Accident Landscape in India
- Global Share: India accounts for nearly 25% of global workplace fatalities, making it one of the most hazardous labour environments worldwide.
- Official Data: DGFASLI confirms that three factory workers die daily due to preventable safety failures in registered industrial establishments.
- State Hotspots: Gujarat records the highest number of factory deaths, followed by Maharashtra and Tamil Nadu, indicating a concentration in key industrial regions.
- Training Deficit: The lack of structured training and employer negligence remain major causes of industrial accidents across various sectors.
- Data Gaps: DGFASLI’s 2020 report listed 1,000 fatalities, but many deaths in the informal sector continue to go unreported.
Legal Framework for Workplace Safety in India
- Fundamental Right: Article 21 of the Constitution guarantees the right to life and personal liberty, encompassing a safe, healthy, and dignified working environment.
- Directive Principles: Article 42 directs states to ensure just and humane working conditions, while Article 41 aims to protect workers’ health and prevent exploitation.
- OSH Code 2020: The Occupational Safety, Health, and Working Conditions (OSH) Code, 2020, replaces 13 labour laws and standardises safety standards across sectors.
- ECA 1923: The Employees’ Compensation Act, 1923, requires employers to give compensation to employees or their dependents for injuries, disabilities, or death occurring during employment.
- ESI Act 1948: The ESI Act of 1948 addresses employment injuries or occupational diseases and includes commute-related accidents when there is a direct link to work duties.
- Institutional Oversight: The Directorate General of Factory Advice Service and Labour Institutes (DGFASLI) and State Inspectorates of Factories enforce industrial safety and compliance.
- Safety Committees: The Occupational Safety, Health and Working Conditions (OSH) Code, 2020 requires the creation of Safety Committees in hazardous workplaces to ensure safety practices.
Factors Contributing to Frequent Workplace Accidents in India
- Weak Oversight: From 2018 to 2020, over 3,300 factory deaths led to only 14 convictions, highlighting near-total enforcement failure and weak deterrence.
- Informal Workforce: Nearly 90% of workers fall outside formal safety regulation and social protection, leaving them exposed to occupational hazards.
- Leadership Neglect: Over two-thirds of listed companies leave contract and supply-chain workers out of workplace safety policies and practices.
- Profit-Centric Governance: Board remuneration structures prioritise profitability over safety compliance, which discourages preventive investment and long-term risk management.
- Inadequate Monitoring: Factory inspections remain infrequent due to staff shortages, outdated technology, and overlapping jurisdiction between state and central authorities.
Challenges in Workplace Safety in India
- Inspector Shortage: 300 inspectors oversee 3 lakh factories, causing weak enforcement.
- Informal Workforce: 90% of workers lack legal safety coverage and protections.
- OSH Code Dilution: Self-certification under OSH 2020 limits inspections and statutory rights.
- Low Accountability: 3,300 deaths (2018–2020) led to only 14 convictions.
- Safety Training: Only 68% of workers receive basic safety training; contract workers are often excluded.
Way Forward
- Enforcement Strengthening: Fill inspector vacancies only 300 for 3 lakh factories and deploy AI-based safety audits for real-time monitoring.
- Criminal Accountability: Amend the OSH Code, 2020, to impose criminal liability on employers for preventable workplace deaths.
- Worker Formalisation: Integrate the 90% informal workforce into safety and insurance schemes via the e-Shram portal.
- Safety Training: Make annual safety certification mandatory under Skill India, linking compliance to licenses and ESG ratings.
Workplace safety is not just a labour issue but a constitutional and moral imperative under Article 21. Ensuring safe workplaces will transform India’s growth model from profit-driven exploitation to human-centred productivity.
Reference: The Hindu | PMFIAS: Industrial Accidents
PMF IAS Pathfinder for Mains – Question 378
Q. Despite legal frameworks like the Factories Act and the Occupational Safety, Health and Working Conditions (OSH) Code, 2020, India continues to witness high occupational hazards. Examine the gaps in implementation and suggest measures to improve workplace safety. (250 Words) (15 Marks)
Approach
- Introduction: Write a brief introduction about workplace safety in India.
- Body: Write a legal framework for the workplace in India, then mention the implementation gaps and suggest the measures to improve workplace safety in India.
- Conclusion: Emphasis on a humane approach and mention the future course of action.
