Health and Safety

This page was last updated on: 2025-03-21

Employer Cares

Note: Upcoming Labour Legislation in India

In 2020, the Indian Parliament combined 25 labour laws into three codes, i.e., the Social Security Code, the Code on Industrial Relations and the Code on Occupational Safety, Health and Working Conditions. Enacted in 2019, the Code on Wages also amalgamated four relevant labour laws.

The four new Labour Codes were supposed to be effective from 01 April 2021. However, considering the rise in COVID cases and the potential impact of the new Codes on per-employee costs for enterprises, the Government delayed their implementation to a future date. The Central and State Governments have been working on rules under these Codes. The new legal provisions will be effective only once notified.

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Currently Applicable Provisions

In accordance with the Factories Act 1948, an occupier of an establishment has to ensure the health, safety and welfare of all the workers while they are at work in the factory.

The Occupational Safety, Health and Working Conditions Code (OSH) is a bill, currently under consideration for enactment by the Indian Parliament. The proposed OSH Code repeals and replaces 13 labour laws relating to health, safety and working conditions. It must be noted that the OSH code does not apply to self-employed persons working from private houses.

As per the draft Occupational Safety, Health and Working Conditions Code, 2019, every employer shall ensure that workplace is free from hazards which cause or are likely to cause injury or occupational disease to the employees. The OSH Code (2019) adds specific provisions for owners and agents of mines, docks, plantations, and expands the regulations to cover architects, designers, project engineers, etc.

It is obligatory for an employer/occupier to ensure the provision and maintenance of plant and systems of work that are safe and without health risks. Arrangements should be made to rectify risks involved in use, handling, storage and transport of articles and substances. According to the draft OSH Code (2019), every employer is liable to comply with the Occupational Safety and Health standards made under this Code and of the regulations, rules, bye-laws and orders made thereunder. Furthermore, every employer must provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of the employees and the regulation expands to designers, importers and suppliers of equipment in establishments must take reasonable steps to ensure the safety of the worker.

The establishment should be monitored to check the quality of the premises; cleanliness; disposal of wastes and effluents; ventilation and temperature; dust and fume; artificial humidification; overcrowding; lighting; clean drinking water; latrines and urinals; and spittoons. The draft Code also specifies that there should be accommodation in all establishments for separate latrines and urinals for male, female and transgender employees. There should also be arrangements for the prevention of overcrowding.

Safety of the worker must be ensured by installing and maintaining the machinery, mechanisms, transmission apparatus, tools, equipment and machines in best possible safety conditions. Tools, equipment, machines, or products used must be organized properly guaranteeing the safety of workers.

The employer is obliged to take care to protect the worker’s health and safety by providing the means of rescue, the first aid, and the cleanup; and arrangements and organization of the workplace. Further, the employer is obligated to ensure that no charge is levied on any employee, in respect of anything done or provided for maintenance of safety and health at workplace including conduct of medical examination and investigation for the purpose of detecting occupational diseases.

Source: §7(A) of the Factories Act 1948; §6-8 and 23 of the draft Occupational Safety, Health and Working Conditions Code, 2019

Non-Standard Workers' Rights on Safe Workplaces- Platform workers

Factories Act has extensive provisions on workers health and safety, as described above. The draft OSH and Working Conditions Code also has a chapter on health and safety at the workplace. Currently, the legislation (both the applicable legislation and draft legislation) is not applicable to the platform workers. The draft OSH and Working Conditions Code defines a worker as "any person employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied". The Courts can take a favourable view and require the implementation of OSH Code for the platform workers considering the "implied" nature of the contract.

Similarly, the draft OSH Code defines an employee "in respect of an establishment, a person (other than an apprentice engaged under the Apprentices Act, 1961) employed on wages by an establishment to do any skilled, semi-skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied". The draft law further says that a person can be declared to be an employee by the appropriate Government. The central or state governments may declare platform workers as employees for the purposes of this legislation and hence grant them all rights as are applicable to other workers.

Both the Factories Act 1948 as well as draft OSH Code require the employer to protect workers' health and safety. However, that is applicable only to the employees. Platform workers are not covered under the labour law yet.

The government does not have a role, as workers performing services through platforms are not protected for occupational hazards. If they encounter an occupational hazard, they can start a civil court case against the platform user to which they provided services or against the platform.

Employer Cares Under State Laws

Employer Cares in Andhra Pradesh

Employee Health

For Contractor Labors:

Every establishment with contract labour, suitable facilities for the washing must be provided and maintained for the use of contract labour employed. Separate and adequate screening facilities must be provided for the use of male and female workers. Such facilities must be conveniently accessible and should be kept in a clean and hygienic condition.

Source: Section 41, 42, 43, 44, 51-56, 57-62, Andhra Pradesh Contract Labour (Regulation and Abolition) Rules, 1971

For Motor Workers:

The drivers, conductors [cleaners] and line checking staff employed in any undertaking must be provided with free uniforms and raincoats by the employers. It is obligatory on the said categories of motor transport workers to wear their uniforms while on duty.

Employers must also provide soaps and towels at the washing places in the canteen. The employer must take adequate steps towards the establishment of a Canteen Management Committee that should supervise the quality of food and other practices. The food in the canteen will be sold on a nonprofit basis. The Act also establishes practices of cleanliness and maintenance of the canteen.

Motor workers are entitled to restrooms built as per stipulated standards.

Source: Section 17-22, 23-26, Andhra Pradesh Motor Transport Workers Rules, 1963

For Workers in Shops and Establishments:

The premises of every establishment must all be kept clean and free from effluvia arising from any drain or privy or other nuisance. It should be cleaned at times and methods as may be prescribed. The premises of every establishment must be ventilated as provided for in the laws relating to local authorities.

Source: Section, 26-29, Andhra Pradesh Shops and Establishments Act, 1988

Employee Safety

For Contract Labors:

Employers are also mandated to maintain readily available first-aid boxes at the rate of not less than one box for 150 contract labour or a part of it ordinarily employed. The content of the boxes will be as stipulated in the act. The content of the boxes also differs with employees exceeding the strength of 50. They must be distinctively marked with a red cross on white ground.

Source: Section 41, 42, 43, 44, 51-56, 57-62, Andhra Pradesh Contract Labour (Regulation and Abolition) Rules, 1971

For Workers in Shops and Establishments:

In every establishment, unless notified otherwise by the government, precautions against fire must be taken as may be prescribed. First aid boxes should be maintained if power-driven machinery is used, or any process which is likely to expose any employee to serious risk of bodily injury is carried on in any establishment. No employee in any establishment should be required or allowed to engage in manually transporting a load of a weight that can harm or injure them.

The said limits must be established by the Government. Manual transport of load means any transport in which the weight of the load is wholly borne by one employee, inclusive of the lifting and putting down of load.

Source: Section, 26-29, Andhra Pradesh Shops and Establishments Act, 1988

For Motor Workers:

A dispensary should be provided and maintained with such equipment and drugs as the State Government may direct, at every operating centre and halting stations. This is compulsory for centres where 250 motor transport workers or more ordinarily call on duty during every day.

A qualified medical practitioner must be in charge of a dispensary assisted by the staff as the Government may require. First Aid boxes should be maintained at every operating centre and a halting station where less than 250 motor transport workers call on duty every day. First-aid boxes or cupboards should be of the standard set out in Schedule II. Every first-aid box or cupboard should be clearly marked, "First-Aid'' and must be kept stocked and in good order. These first-aid boxes or cupboards must be readily accessible during all working hours and should be in charge of an employee trained in first-aid.

A first-aid box containing the equipment mentioned in the Act should be provided in every motor transport vehicle. Every first-aid box must be clearly marked "First-Aid'' and must be kept stocked and in good order.

Source: Section 17-22, 23-26, Andhra Pradesh Motor Transport Workers Rules, 1963

Facilities at workplace

For Contract Labors:

__Canteens: __For Contract labourers, in establishments with more than one hundred employees, adequate canteen should be provided by the Contractor for use within 60 days of the commencement of the employment of contract labour.

The principal employer should provide the same if the contractor fails to provide the canteen within the time laid down.

The canteen must be maintained by the contractor or principal employer, as the case may be, in an efficient manner. The canteen may be employed by the principal employer or the contractor. The canteen should consist of at least a dining hall, kitchen, storeroom, pantry and washing places separately for workers and for utensils. The canteen will be subject to standards stipulated in the rules.

__Restrooms and Other Facilities: __All establishments with contract labours should be provided with latrine and urinals as per standards. (a) Where females are employed, there should be at least one latrine for every 25 females or less;(b) where males are employed, there should be at least one latrine for every 25 males or less.

Provided that where the number of males or females exceeds 100 it should be sufficient if there is one latrine for every 25 males or females, as the case may be, up to the first 100, and one for every 50 or less thereafter. The latrines should be covered, partitioned, fastened, and also demarcated in case of employees belong to both sexes.

The facilities required, namely sufficient supply of wholesome drinking water, a sufficient number of latrines and urinals, washing facilities and first-aid facilities, should be provided by the contractor in the case of the existing establishments within seven days of the commencement of these rules and in the case of new establishments within 7 days of the commencement of the employment of contract labour.

Employees are entitled to restrooms [to halt at night] within 15 days of employment in organizations where they are to be employed for 3 months or more. This rule also applies to employees who are halting in relation to the work of an establishment to which this Act applies. Separate rooms should be provided for women employees. The provision should comply with the basic rules given by the law. Namely, rules of area/person, ventilation, natural/artificial, distance from the establishment, protection against weather conditions, and availability of drinking water.

Source: Section 41, 42, 43, 44, 51-56, 57-62, Andhra Pradesh Contract Labour (Regulation and Abolition) Rules, 1971

For Motor Workers:

__Canteen: __Employers in motor undertakings are mandated to provide for an adequate canteen at every place wherein 100 or more motor transport workers ordinarily call on duty during every day. This canteen should be situated near the undertaking and maintained as per prescribed standards. The said canteen can be legally supplemented by the canteens established for the travelling public. In that case, workers should enjoy concessional coupons.

The precincts of the canteen must be maintained in a clean and sanitary condition; wastewater should be carried away in suitable covered drains and should not be allowed to accumulate to cause a nuisance. Suitable arrangements should be made for the collection and disposal of garbage. The construction of the same should also be as per prescribed standards and approvals of the concerned inspectors. The canteen hall must accommodate at least thirty per cent of the motor transport workers likely to work at a time. The floor area of the canteen hall, excluding the area occupied by the service counter, any furniture, and tables-chairs, should not be less than 9.2 Sq. decimeters or 0.39 Sq. meters per diner.

Source: Section 17-22, 23-26, Andhra Pradesh Motor Transport Workers Rules, 1963

Employer Cares in Maharashtra

Employee safety

For all factory workers:

The Maharashtra Factories Rules, 1963 requires employers to maintain health and the safety of the workers. It prescribes a list of rules to be followed by employers in maintaining the premises and other facilities. Employers should manage a record of white washing and also clean compounds of debris, filth, and rubbish. They are also expected to develop efficient methods of wastes and effluent disposal.

Source: Maharashtra Factories Rules, 1963

For all workers in Beedi Establishments:

Beedi establishment employers are expected to keep the premises safe from effluvia arising out of any drains, privy or other nuisance etc. All dirt and refuse should be removed from all locations on the premises. Disinfection of the location is to be carried out once a week. Paint, varnished, smooth impervious surface to be cleaned once in 14 months. It should be painted or re-varnished once every 5 years, or otherwise whitewashed in 12 months.

Proper ventilation and temperature should be maintained as per the guidelines at all points in time. Workers must be kept safe from injurious fumes and impurities.

Source: Maharashtra Beedi and Cigar Workers (Conditions of Employment) Rules, 1968

Employee health and facilities

For all factory workers:

Employers should take relevant steps to maintain ventilation, temperature, and lighting as per legal standards. In case of inadequate natural light, artificial arrangements should be made. These should be without hard shadows, strong contrasts, and any glare.

Each worker ought to be provided at least 5 liters of drinking water per day, available at all hours of work. The water should be from taps connected with the water supply system or sources approved by the Health Officer. Storage should be done as per standards that ensure covering and lack of stagnation. Reservoirs should be avoided, however, in case done; they should be sterilized once in a week. Water centers are supposed to be established in organizations with more than 250 employees. The water in these centers should be cooled between the months of March and November. The construction of the water centers should abide by standards in the act for different classes of establishments.

One latrine must be maintained for every 25 women workers or less and 25 men workers or less respectively. After the first 100 employees, they can be maintained at a rate of one latrine per 50 men and women respectively. Latrines should be fastened, covered, separately designated and marked for men and women. They should be connected to the underground sewage systems with adequate flush facilities.

One urinal should also be maintained per 50 male workers. After crossing 500 employees, this can be done at the rate of one per 100 male employees. Provision and disposal of sanitary napkins (compliant to Indian standards) in all women toilets is also the responsibility of the employer. Washing facilities and drying facilities should also be developed as per standards.

White washing of walls and cleaning of all glaze/tile surfaces in these structures should be done once in 4 months. Factories should employ a stipulated number of sweepers for washrooms, in order to maintain sanitary conditions. They should also maintain spittoons of various types and take steps for their cleanliness.

During their service, workers should not be permitted to lift weight more than permitted under the act. Workers undertaking hazardous processes should be examined (by medical practitioners) before beginning employment and once in 6 months after working begins. This is to avoid any health-related issues. Employers are mandated to maintain Occupational Healthcare centers, Ambulance Vans and Decontamination facilities. Health records of all workers in hazardous processes should be accessible. Factories with more than 50 employees (not exempted) should prepare a written policy of safety and health of workers. As a matter of policy, the act mandates a wide range of rules and procedures for industry specific processes and equipment. This also includes a robust framework for their safety inspections and audits.

Source: Maharashtra Factories Rules, 1963

For all workers in Beedi Establishments:

Overcrowding of facilities is not permitted. Each worker should be provided with at least 150 cubic feet of work area. Workers are also to receive drinking water facilities at visibly marked locations. These areas should be at a minimum distance of 20 ft. from latrines and washing places.

Latrines and urinals should be maintained in accessible locations at all times. In places with less than 50 people and water borne sewage systems, no separate urinals are needed. The numbers of the latrines and urinals may be prescribed by authorities in proportion to the total number of workers.

Canteens are to be maintained in premises with 250 workers or more.

Source: Maharashtra Beedi and Cigar Workers (Conditions of Employment) Rules, 1968

For all workers in Shops and Commercial Establishments:

Employers in establishments (that are under the Shops and Establishment Act) must maintain cleanliness of the premises including washing, white washing etc., ventilation, lighting (natural and artificial), and precaution against fire. They are also responsible for supervision to prevent any form of accidents.

Source: Maharashtra Shops and Establishment (Regulation of Employment and Conditions of Service) Act, 2017

Employer Cares in Karnataka

For Daily Wage Employees:

A daily wage employee is to be paid admissible Dearness Allowance and House Rent Allowance as may be determined by the Government, by order, from time to time.

Source: Section 4 Karnataka Daily Wage Employees Welfare Act, 2012

Employee Safety

For workers in Shops and Commercial Establishments:

Every owner or manager or person or the persons who are running an establishment must provide and maintain public safety measures so as to ensure the safety and security of the public visiting their establishment. Every owner or manager or person or the persons who are running an establishment must save or store video footage properly for a period of thirty days.

Source: Section 3 of the Karnataka Public Safety (Measures) Enforcement Act, 2017

For Stone Crushers:

No person must carry on the business of stone crushing in the State except under and in accordance with the terms and conditions of a license.

Source: Section 3 of the Karnataka Regulation of Stone Crushers Act, 2011

Facilities

For Workers in Shops and Establishments:

Rules can be made by establishments to provide protection in terms of the health and safety and welfare of employees.

Source: Section 40 of the Karnataka Shops and Commercial Establishments Act, 1961

Employer Cares in Uttar Pradesh

For Inter-State Migrant workers:

The contractor should ensure provision of suitable and adequate medical facilities for outdoor treatment of any ailment from which the migrant workman or any member of his family may suffer during his employment in the establishment.

The treatment should not include any cost borne by the migrant worker.

The contractor also needs to provide free, suitable and adequate medical treatment for the migrant worker or his family member to meet any preventive measure against an epidemic or any virus infection.

The contractor must reimburse a workman with money on account of medical expenses of the workman on the basis of prescription issued by any Doctor provided by the contractor or the principal employer, within a period of seven days from the date of presentation of the bill by the migrant workman.

In the event of migrant workman or any of his family members suffering from any ailment requiring hospitalisation during his employment in the establishment, the contractor should promptly arrange for the hospitalisation of the migrant workman or the concerned member of his family.

The contractor should bear entire expense on treatment, hospital charges (including diet), if any, and travel expenses for the patient from the place of his/her residence to the hospital and back.

Source: U.P. Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rule s, 1983

For Contract workers:

For Establishments with more than one hundred employs (ordinarily employed), adequate canteen should be provided by the Contractor for the use of such contract labour within 60 days of the date of coming into force of the Rules in the case of the existing establishment.

The contractor must provide adequate canteens within 60 days of the commencement of the employment of contract labour in the case of new establishments.

If the contractor fails to provide the canteen within the stipulated time, the same should be provided by the principal employer within sixty days of the expiry of the time allowed to the contractor.

The canteen should be maintained by the contractor or principal employer, as the case may be, in an efficient manner. The canteen may be employed by principal employer or the contractor.

The canteen should consist of at least a dining hall, kitchen, storeroom, pantry and washing places separately for workers and for utensils. The canteen will be subject to standards stipulated in the sections.

Namely,

(i) the precincts of the canteen should be maintained in a clean and sanitary condition.

(ii) Wastewater should be carried away in suitably covered drains and should not be allowed to accumulate so as to cause a nuisance.

(iii) Suitable arrangements should be made for the collection and disposal of garbage.

The canteen should also be lime washed or color washed at least once in a year.

A portion of the said dining hall should be partitioned off and reserved for women. Washing places for women should also be separate and screened to secure privacy.

The canteen should be run at a no profit no loss basis.

The Sections also give a list of essential practices that should apply to these canteens.

For factory workers:

The occupier of every factory wherein more than two hundred and fifty workers are ordinarily employed on any one day should provide in or near the factory adequate canteen.

The precincts of the canteen should be maintained in a clean sanitary condition.

Waste water should be carried away in suitably covered drains and should not be allowed to accumulate so as to cause nuisance. Arrangements should be made for the collection and disposal of garbage.

The dining hall should accommodate at least 20 per cent of the workers working at a time unless the Chief Inspector, needing the approval of the State Government, wants to alter the percentage due to a practice common to a particular factory.

Sufficient utensils, crockery, cutlery, furniture and any other equipment necessary should be provided and maintained for the efficient running of the canteen.

Suitable clean clothes for the employees serving in the canteen should also be provided and maintained.

The furniture, utensils and other equipment should be maintained in a clean and hygienic condition. A service counter, if provided, should be of smooth and impervious material.

Suitable facilities including an adequate supply of hot water should be provided for the cleaning of the utensils and equipment.

Source: Section 68, U.P. Factories Rule s, 1950

Latrines and Urinals

For contract workers:

All establishments with contract labours should be provided with latrine and urinals as per standards.

(a) Where females are employed, there should be at least one latrine for every 25 females;

(b) Where males are employed, there should be at least one latrine for every 25 males.

If the number of males or females exceeds 100 it should be sufficient if there is one latrine for every 25 males or females, as the case may be, up to the first 100, and one latrine for every 50 thereafter.

The latrines should be covered, partitioned, fastened, and also demarcated in case employees belong to opposite sexes.

For Factory workers:

In every factory, at least 1 Latrine must be provided by the employer where number of workers are 50 or less.

For factories where workers are between 50 and 150, at least 4 latrines must be provided.

For factories where workers are between 150 and 250, at least 5 latrines must be provided.

Where factory workers exceed 250, at least 1seat for every 50 workers must be provided.

Source: Section 41-50, U.P. Factories Rule s, 1950

For contract workers and factory workers:

There should be at least one urinal for male workers up to fifty male employees and one for female workers up to fifty females employed at a time.

If the number of male or female workmen, as the case may be, exceeds 500 it should be sufficient if there is one urinal for every 50 males or females up to the first 500 and one for every 100 thereafter.

The latrines and urinals should be conveniently situated and accessible to workers at all times at the establishment.

It should also comply to all general cleanliness and sanitation standards prescribed by the Public Health Authorities.

For contract workers:

The facilities required, namely sufficient supply of wholesome drinking water, washing facilities and first-aid facilities, should be provided by the contractor in the case of the existing establishments within seven days of the commencement of these rules.

In the case of new establishments, the contractor needs to provide the above facilities within 7 days of the commencement of the employment of contract labour at the workplace.

Washing facilities also include buckets, tumblers or mugs and water supply at the rate of 20 litres per employee per day must be available.

Employees are entitled to rest-rooms [to halt at night] within 15 days of employment in organizations where they are to be employed for 3 months or more.

This Rule also applies to employees who are halting in relation to work of an establishment to which this act applies.

Separate rooms should be provided for women employees. The provision should comply with the basic rules stipulated. Namely, rules of area/person, ventilation, natural/artificial lighting, distance from establishment, protection against weather conditions, and availability of drinking water need to all be provided by the employer.

Every establishment with contract labour, suitable facilities for the washing should be provided and maintained for the use of contract labour employed therein. Separate and adequate screening facilities should be provided for the use of male and female workers. Such facilities should be conveniently accessible and should be kept in a clean and hygienic condition.

Employers are also mandated to maintain, so as to be readily accessible during all working hours, first-aid boxes at the rate of not less than one box for I50 contract labour or part thereof ordinarily employed. The content of the boxes will be as stipulated in the act. The content of the boxes also differs with employees exceeding the strength of 50. of the They should be distinctively marked with a red cross on a white ground.

Source: Sections 40-59, U.P. Contract Labour (Regulation Abolition) Rule s, 1975

For Factory workers:

The quantity of drinking water to be provided for the workers in every factory should be at least as many gallons a day as there are workers employed in the factory and such drinking water should be readily available during working hours.

Adequate and suitable facilities for washing, including soap, should be provided and maintained in every factory for the use of the workers employed where the work to be done is dirty and dangerous involving contact with lead, tar, etc. The facilities should be conveniently accessible and should be kept in a clean and orderly condition.

Source: Section 36, 64, U.P. Factories Rule s, 1950

In every factory (except in the case of factories registered before April 1, 1949, in whose case this rule should be applicable from April 1, 1951), having more than 150 ordinarily employed workers per day, a rest, shelter or lunch rooms should be provided and maintained in good condition for the use of workers.

Source: Section 69, U.P. Factories Rule s, 1950

In case of specific industrial activities concerning hazardous chemicals specified by the law, an occupier who has control of an industrial activity should provide evidence to show that he has-

(a) identified the major accident hazards; and

(b) taken adequate steps to prevent such major accident and to limit their consequences to persons and the environment; and provide the persons working on the site with the information, training and equipment including antidotes necessary to ensure their safety.

On-site emergency plan: An occupier, who has control of an industrial activity to which this Section applies, should prepare, update and furnish an on-site emergency plan to the Chief Inspector, explaining the management of major accidents on the site where industrial activity is carried on.

The preparation of the plan must be in consultation with the Chief Inspector. The occupier needs to furnish the plan to the Chief Inspector.

The plan should include the name of the person responsible for safety on the site and the names of those who are authorized to take action following the plan in case of an emergency.

Off-site emergency plan: It should be the duty of the District Magistrate or the District Emergency Authority to prepare and keep up-to-date an adequate off-site emergency plan detailing emergencies relating to a possible major accident.

In preparing that plan, the authority should consult the occupier, the Chief Inspector and such other persons as appear to the authority to be appropriate.

The district Magistrate or District Emergency Authority is designated by the State Government in whose area there is a site on which an occupier carries upon an industrial activity.

Where persons are likely to be in an area at any site under the control of the occupier which might be affected by a major accident, the occupier should take the following appropriate steps:-

To inform them about:-

(a) the nature of the major accident hazard

(b) the safety measure and the correct behavior which should be adopted in the event of a major accident.

The occupier could inform the people directly or through the District Emergency Authority.

Source: Section 4, 13, 14, 15, U.P. Factories (Control of Industrial Major Accident Hazards) Rules, 1996

Employer Cares in Rajasthan

Facilities

For Construction Workers:

Employers should ensure that Canteen, food in the canteen, urinal and latrine facilities should be available to the workers.

Source: Section 70 and 71 of the Rajasthan Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2009

Employee Safety

For Construction Workers:

The employer is to ensure that the worker is protected from excessive noise/vibration, fire, collapse of building, drowning. The employer must take suitable measures to keep the working environment safe and avoid slipping, tripling, cutting, drowning and filling hazards for the employees. Also, electrical hazards and storage of corrosive substances should be managed safely. Keeping in mind the health and safety of workers the employer is to provide adequate safety measures for fencing of motors, lifting excess weights and dangerous and harmful environments.

Source: Section 77 of the Rajasthan Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2009

Employee Health

For Construction Workers:

An employer is to ensure at a construction site of a building or other construction work that no building worker lifts by hand or carries over-head or over his back or shoulders any material, articles, tool or appliances exceeding in weight the maximum limits set out in the following table unless helped by any other building worker or a mechanical device. Additionally, no building worker helped by other building workers, may lift by hand or carry overhead or over their back or shoulders, any material, article, tool or appliance exceeding in weight the sum total of maximum limits set out for each building worker separately, unless helped by a mechanical device.

Every establishment employing fifty or more building workers will prepare a written statement of policy in respect of safety and health of building workers and submit the same for the approval of the Chief Inspector; The policy will contain the following, namely:

the intentions and commitments of the establishment regarding health, safety and environmental protection of building workers;
organizational arrangements made to carry out the policy, specifying the responsibility at different levels of hierarchy;
responsibilities of the principal employer, contractor, sub-contractor, transporter or other agencies involved in the building or other construction work;
techniques and methods for assessment of risk to safety, health and environmental and remedial measures there for;
arrangements for training of building workers, trainers, supervisors or other persons engaged in the construction work;
other arrangements for making the policy effective

Source: Section 81 and 82 of the Rajasthan Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2009

Employer Cares in Tamil Nadu

Employee Safety

For construction workers:

In construction establishments, it is the responsibility of the employer, owner or contractor (when employed) to ensure complete compliance of all safety rules by workers and other employees under them. This would include maintenance of all construction machinery with regular tests, ensuring no permission for tasks against general safety standards, maintenance of urinals and safe toilet facilities, and practice of other hygiene standards with regard to the canteens etc.

It is also the responsibility of the architects, project engineers and designers to take into account the safety of the workers, while planning and executing construction. This also includes the process of maintaining the final outcome of the process.

Employers are also expected to maintain a safe working environment for all employees as regards excessive noise and vibration, fire protection, emergency Action plans, fencing of motors, excessive weights, amongst other things that may cause harm to the workers. Strict rules of maintenance and inspection to be followed as regards, lifting appliances, lifting gears.

In situations of work on water, employers are to ensure safe conditions, protection gear, prevention from drowning etc. Employers are also expected to maintain specific standards and qualities of equipment like vibrators, pavers, bulldozers, scrapers etc and processes like concrete laying, demolition. Special permissions and provisions are required for working in projects involving excavation. Employers are bound to handle, well, and according to guidelines, all procedures involving piling equipment and explosives on construction sites.

Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006

For workers in Beedi Establishments:

Beedi establishment employers are supposed to keep the premises safe from effluvia arising out of any drains, privy or other nuisance etc. All dirt and refuse are to be removed from all locations on the premises. Disinfection of the location is to be carried out once a week. Paint, varnished, smooth impervious surface to be cleaned once in 14 months, painted or re-varnished once in 5 years period, otherwise whitewashed in 12 months.

Proper ventilation and temperature are to be maintained as per the guidelines at all points in time. Workers should be kept safe from injurious fumes and impurities.

Overcrowding of facilities is not permitted. Each worker should be provided with at least 150 cubic feet. Workers are also to receive drinking water facilities at locations marked with legible boards. These should be kept a minimum distance of 20 ft. from latrines and washing places.

Source: The Tamil Nadu Beedi Industrial Premises (Regulation of Conditions of Work) Act, 1958

For workers in Handlooms:

Handloom employers are responsible to maintain clean environments and standards through processes like whitewashing etc. Premises are supposed to be ventilated, in order to prevent inhalation of harmful materials. Working areas should also have sufficient amounts of natural and artificial lighting in place.

Overcrowding of facilities is not permitted. Each worker should be provided with at least 4 1/4 cubic meters. Workers are also to receive drinking water facilities at locations marked with legible boards. These should be kept a minimum distance of 6 meters from urinals, latrines, and washing places.

Source: Tamil Nadu Handloom Workers (Conditions of Employment and Miscellaneous Provisions) Act, 1981

Employee Health and Facilities:

For workers in Industrial Establishments:

It is mandatory to maintain urinal and latrine facilities for men and women, canteens for places with more than two hundred and fifty workers. In case of a distance of more than 0.2 km. between the workplace and the canteen, employers are also responsible to arrange for food service at the respective location. The canteens will be 'No profit, no loss' with cost accounted only for select articles.

Source: Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006

For workers in Beedi Establishments:

Latrines and urinals are to be maintained in accessible locations at all times. In places with less than 50 people and water borne sewage systems, no separate urinals are needed. The numbers of the latrines and urinals may be prescribed by authorities in numbers proportional to the total number of workers.

Canteens are to be maintained in premises with no less than 250 workers.

Source: The Tamil Nadu Beedi Industrial Premises (Regulation of Conditions of Work) Act, 1958

For workers in Handlooms:

Latrines and urinals are to be maintained in accessible locations at all times. Appropriate arrangements should be made to keep them clean and maintained.

Employers are supposed to maintain adequate first aid arrangements as prescribed by authorities. No employee can/will be allowed to work in two establishments on the same day.

Source: Tamil Nadu Handloom Workers (Conditions of Employment and Miscellaneous Provisions) Act, 1981

For workers in Shops and Commercial Establishments:

Employers in establishments under the TN Shops and Establishment Act are mandated to maintain cleanliness of the premises including washing and white washing etc, ventilation, lighting (natural and artificial), and precaution against fire.

Source: Tamil Nadu Shops and Establishments Act, 1947

Employer Cares in Gujarat

The Owner of a building should provide minimum firefighting and life safety installations as provided in the regulations and maintain the fire prevention and life safety measures in operational condition at all times, in the manner and specifications specified in regulations.

Source: Gujarat Fire Prevention and Life Safety Measures Act, 2013

Prohibition of employment of young persons and women in dangerous work.

Employers must provide for cleanliness, ventilation, lighting, precaution against fire and first aid in order to assure the continued health and safety of their employees.

Source: Sections 32, 33, 39, 40, Bombay Shops and Establishments Act, 1948

Every employer should make effective arrangements to provide and maintain at suitable points conveniently situated for all workers employed in the shop or establishment, a sufficient supply of wholesome drinking water.

Every employer should provide sufficient latrine and urinal for men and women as may be prescribed and these should be so conveniently situated as may be accessible for the workers employed in the shop or establishment: Provided that, several employers may provide common facilities of latrines and urinals, in case it is not possible to provide such facility individually, in a shop or establishment due to constraint of space or otherwise.

Every employer should provide at the place of work first-aid facilities as may be prescribed.

Source: Section 19, 20, 21, 22, 23, Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019

Employer cares in West Bengal

Employee Health

For Contractor Labors:

Source: Section 57, West Bengal Contract Labour (Regulation and Abolition) Rules, 1972.

Employee Safety

For Contract Labors:

Employers are also mandated to maintain readily available first-aid boxes at the rate of not less than one box for 150 contract labour or a part of it ordinarily employed. The content of the boxes will be as stipulated in the Act. The contents of the boxes also differs with employees exceeding the strength of 50. They must be distinctively marked with a red cross on a white ground.

Source: Section 59-62, West Bengal Contract Labour (Regulation and Abolition) Rules, 1972.

Facilities

For Contract Labors:

__Canteens: __For Contract laborers, in establishments with more than one hundred employees, adequate canteen should be provided by the Contractor for use within 60 days of the commencement of the employment of contract labour.

The principal employer should provide the same, if the contractor fails to provide the canteen within the time laid down.

Employees are entitled to rest-rooms [to halt at night] within 15 days of employment in organizations where they are to be employed for 3 months or more. This rule also applies to employees who are halting in relation to work of an establishment to which this act applies. Separate rooms should be provided for women employees. The provision should comply with the basic rules given by the law. Namely, rules of area/person, ventilation, natural/artificial, distance from establishment, protection against weather conditions, and availability of drinking water.

Source: West Bengal Contract Labour (Regulation and Abolition) Rules, 1972

Free Protection

The Factories Act requires employers to provide protective equipment (means of protection) to workers involved in hazardous work. The type of PPE needed varies depending on the nature of work being performed. It includes screens or suitable goggles for protection of eyes. The right use of PPE reduces risk of accident and illness, minimizes future medical costs, and helps in creation of safer working environment.

The draft OSH Code allows the Central Government to make regulations, by notification in the Official Gazette, on the provision of protective equipment or protective clothing.

Source: §35 & 87 of Factories Act 1948; §128 of the Occupational Safety, Health and Working Conditions Code, 2019

Free Protection Under State Laws

Free Protection in Andhra Pradesh

No State laws and provisions under this topic.

Free Protection in Maharashtra

For all factory workers:

In cases where need arises, workers should be provided with tight fitting clothes and belts for safety. Belts must be examined for their joints at regular intervals of times. Workers should also be provided with equipment for the protection of eyes.

The law also specifies minimum dimensions of manholes, protection against fire, the provision of firefighting apparatus, water supply and protection against hazardous chemicals. Safety committees should be constituted in factories with more than 250 workers or dangerous factories undertaking hazardous processes with more than 50 employees.

Employers should plant trees at precincts of factories with more than 100 workers. Notices regarding first aid, and also ambulance rooms should be displayed by employers. Canteens should also be maintained as per the guidelines for factories with more than 250 workers.

Source: Section 59, 60, 67, 68, 73, 77, and 79 of the Maharashtra Factories Rules, 1963

For all workers in Beedi Establishments:

Beedi establishments are supposed to maintain stock of at least one first aid box between 150 employees working in the premises at one point in time. In addition, arrangements should be made for a trained first aid person in charge, readily available. The said person should maintain custody of the first aid box.

Source: Maharashtra Beedi and Cigar Workers (Conditions of Employment) Rules, 1968

Free Protection in Karnataka

No State laws and provisions under this topic.

Free Protection in Uttar Pradesh

The employer should introduce welfare schemes for the benefit of the workmen after consulting the workmen’s representatives and also the regional additional or Deputy Labour Commissioner.

Source: Section 30, U.P. Industrial Employment Model Standing Orders, 1991

Free Protection in Rajasthan

For Construction Workers:

Overhead protection should be properly constructed and should be present on all the construction premises. The overhead protection should be 15 meters or more in height.

When the workers are doing work like welding, cutting, grinding etc. which is harmful to the eyes, the employer must provide suitable eye protection.

Employees working in areas with dangers of falling objects should have safety helmets and other protective gears.

Source: Section 83-97 of the Rajasthan Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2009

Free Protection in Tamil Nadu

For construction workers:

For construction workers exposed to specific harms, employers are expected to provide protection gears for eyes, head and all other protective apparel so needed. Employers are to ensure that all material supplied is conforming to national standards. The laws also call for provisions and safety equipment such as ladders, step ladders, Chutes, safety nets for undertaking specialized tasks like steep roof work, Structural frame and form work. Employers are expected to abide by guidelines laid down for scaffoldings on buildings.

Source: Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006

For workers in Beedi Establishments:

Beedi establishments are supposed to maintain stock of at least one first aid box between 150 employees working in the premises at one point in time. In addition, arrangements are to be made for a trained first aid person who will be in charge, and readily available. The person will also maintain custody of the first aid box.

Source: The Tamil Nadu Beedi Industrial Premises (Regulation of Conditions of Work) Act, 1958

For workers in Catering Establishments:

Employees of catering establishments should receive all required dress material for different classes and will be provided by the employer himself.

Source: Tamil Nadu Catering Establishments Act, 1958

Free Protection in Gujarat

Any full-time employee who has attained the age of 18 years but has not attained the age of 60 years and is in continuous service for a period of six months immediately before the said date should qualify for the benefits of life insurance provided by their employer.

Source: Section 5,Gujarat Shops and Establishments (Employees Life Insurance) Act, 1980

Every employee should be entitled to leave on medical grounds for not more than seven days in year. The employee should be paid for the period of his leave at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding three months.

Source: Section 35, Bombay Shops and Establishments Act, 1948

Free protection in West Bengal

For all factory workers:

Source: West Bengal Factories Rules, 1958

Training

In accordance with the Factories Act, it is the responsibility of an employer to provide instruction, training and supervision as is necessary to ensure health and safety at work of his employees.

In line with the draft OSH Code (2019), it is the duty of employers, to provide all such information, instruction, training and supervision as necessary to ensure the health and safety of all employees at work.

Source: §35 & 87 of Factories Act 1948; §6 of the Occupational Safety, Health and Working Conditions Code, 2019

Training Under State Laws

Training in Andhra Pradesh

No State laws and provisions under this topic.

Training in Maharashtra

No State laws and provisions under this topic.

Training in Karnataka

No State laws and provisions under this topic.

Training in Uttar Pradesh

No State laws and provisions under this topic.

Training in Rajasthan

No State laws and provisions under this topic.

Training in Tamil Nadu

For construction workers:

Employers with 50 or more workers are expected to submit a policy on worker safety and health. Employers are also expected to maintain and elaborate on techniques and methods of risk assessment, safety. In addition, they have to make and explain arrangements made for the training of building workers, trainers, supervisors, or other persons engaged in the construction work. Employers are also expected to train and sensitize workers on matters of medical importance.

Source: Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006

Training in Gujarat

No State laws and provisions under this topic.

Training in West Bengal

No State laws and provisions under this topic.

Labour Inspection System

The Factories Act provides for a vibrant labour inspection system. However, the labour inspection system is state based.

The Ministry of Labour and Employment along with ministries specialized for certain industrial sectors (for example the Ministry of Power, Ministry of Mines) are responsible for formulating and administering laws and regulations relating to labour and employment. The draft Code recommends the formation of “the National Occupational Safety and Health Advisory Board” and “the State Occupational Safety and Health Advisory Board” to make recommendations on regulations relating the occupational safety, health and working conditions of workers and administration of this Code, respectively.

The national legislation provides inspectors the power to enter in workplace premises; examine; inquire or interview anyone; ask for or take copy of any prescribed register, record or other document; and take measures and photographs. The labour inspector is also authorized to dismantle or subject it to any process or test and take possession of any such article or substance that seems to cause danger to health and safety, and detain it for so long as is necessary for such examination.

The draft legislation also expands the ambit of examinations and inspections to include web-based inspections.

Source: §9 of Factories Act 1948; §16-17 and 34 of the Occupational Safety, Health and Working Conditions Code, 2019

Non-Standard Workers and Labour Inspection System - Platform workers

At the central level, the Directorate General, Factory Advice Service and Labour Institutes (DGFASLI) carries out inspections related to occupational safety and health issues. The Chief Labour Commissioner (CLC) at the central level is responsible for enforcing labour legislation related to working conditions. Both the DGFASLI and the CLC are the attached offices of the Ministry of Labour & Employment. At the state level, the Inspectorates of Factories under State Labour Departments enforce the Factories Act in their respective states.

Labour inspection work relates mainly to the workers in an employment relationship. Since platform workers are not considered as "workers" in employment, their working and employment conditions are not regulated through the central and state labour inspection departments.

Labour Inspection System Under State Laws

Labour Inspection System in Andhra Pradesh

In order to ensure better compliance and labour standards, the State Government rolled out an integrated registration system for all establishments under a stipulated list of Acts.

Source: Section 4, Andhra Pradesh (Issuance of Integrated Registration and Furnishing of Combined Returns under various Labour Laws by certain Establishments) Act, 2015

For Motor Transport Workers:

Employers are expected to maintain leave registers, muster rolls, overtime muster rolls. All these documents are to be maintained for time periods stipulated in the act. These are all subject to inspection from the Chief inspectors at any point in time.

No employer should allow the operation of any motor transport vehicle unless each motor transport worker travelling with the vehicle is provided with and maintains the individual Control Book. Every motor transport worker travelling with the vehicle must make entries daily in the individual control book.

The Individual Control Book is a document of information about the working hours and conditions of employment as experienced by the employees on the field. It involves information about overtimes, rests, working hours spread and other details relevant to ensure a decent standard of work.

This book should be handed over to the employer on the first day after the week in which the form was written. Every motor transport worker travelling with the vehicle should carry and retain with themself the individual control book for at least six months after the last entry. They should produce it for inspection on demand by an Inspector.

Source: Section 34-38, Andhra Pradesh Motor Transport Workers Rules, 1963

Labour Inspection System in Maharashtra

For all factory workers:

Under the Factories Rules, inspectors are permitted to click photographs of all records and premises if necessary. Medically trained inspectors can also conduct medical examinations. All inspectors can rightfully prosecute/defend/conduct before any court. Certified surgeons can provide certificates and also, inspect in case of illness, probable illness, or young persons’ illness caused in the manufacturing process.

The Rules call for the maintenance of a register containing details of adults working on the machineries. This machinery should be maintained and examined at regular intervals of time. Lastly, employers are also expected to maintain registers of accidents and dangerous occurrences for future reference.

Source: Section 17, 18, 58, 59, and 123 of the Maharashtra Factories Rules, 1963

All beedi establishments are subject to approval for their suitability, labor welfare capability, and welfare of labor in locality.

Source: Maharashtra Beedi and Cigar Workers (Conditions of Employment) Rules, 1968

For all workers in Shops and Commercial Establishments:

For establishments under Shops and Establishments Act, Chief facilitators and facilitators may be appointed. Local authorities may take over enforcement of the act. In need of inspection, authorities may enter at reasonable time, examine premises, examine persons in premises, require persons to give information, seize, and take copies of registers and documents.

Source: Section 23, Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017

For all factory workers:

In the case of factories, safety audits for an organization must be arranged internally, once a year, and externally, one in two years, by safety auditors.

Source: Section 3, Maharashtra Factories (Safety Audit) Rules, 2014

Labour Inspection System in Karnataka

For Inspector:

Every employer must on demand, produce for inspection of an Inspector, all registers, records and notices required to be kept under and for the purposes of this Act.

Source: Section 26 of the Karnataka Shops and Commercial Establishments Act, 1961

For Stone Crushers:

The Deputy Commissioner or an officer authorized by the Deputy Commissioner must inspect each stone crusher at least once a year.

Source: Section 9 of the Karnataka Regulation of Stone Crushers Act, 2011

Labour Inspection System in Uttar Pradesh

Every employer should maintain a register of reserve pool workmen and should enter therein the names of all reserve pool workmen category wise and arranges in order of seniority reckoned on the basis of the highest number of days worked during the twenty-four calendar months.

A list of the names of the reserve pool workmen category wise should be pasted on the notice board of the industrial establishment concerned within thirty days from the date of commencement of this Act.

When a reserve pool workman presents himself for work and the employer fails to give work to him, he should pay to such workman disappointment allowance for every such day.

However, no disappointment allowance should be payable for more than ninety days, during any period of continuous twelve calendar months.

Source: Section 3,4,5, U.P. Employment of Substitute Workmen Act, 1978

Where a major accident occurs on a site, the occupier should immediately notify the Inspector and the Chief Inspector of that accident, and furnish thereafter to the Inspector and the Chief Inspector a report relating to the accident.

An occupier should not undertake any industrial activity unless he has submitted a written report to the Chief Inspector containing the particulars specified, at least three months before commencing that activity or before such shorter time as the Chief Inspector may agree.

For the purposes of this subsection, an activity in which there is a quantity specified or liable to be given or more of an additional hazardous chemical, it should be deemed to be a different activity and notified accordingly.

Subject to the following subsections of this Section, an occupier should not undertake any industrial activity to which this Section applies unless he has prepared a safety report on that industrial activity containing the information specified and has sent a copy of that report to the Chief Inspector at least three months before commencing that activity.

Source: Section 7,9,13,14, U.P. Factories (Control of Industrial Major Accident Hazards) Rules, 1996

Labour Inspection System in Rajasthan

For workers in Shops and Commercial Establishments:

For inspection of an Inspector, the employer will produce all registers, records and notices required to be kept under and for the purposes of this Act.

For registration of establishments the employer of every establishment will send to the Inspector of the area concerned a statement containing the name, address and other particulars of the establishment along with the employer’s name.

Source: Section 4 of the Rajasthan Shops and Commercial Establishments Act, 1958

For Construction Workers:

A labour inspector at the construction site may examine such a construction site, issue safety/health/welfare warning or notice, and file a complaint in the court relating to an offence.

The employer will ensure at the construction site of a building or other construction work that all lifting appliances are thoroughly examined by a competent person once at least every twelve months.

Source: Section 99 and 278 of the Rajasthan Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2009

Labour Inspection System in Tamil Nadu

For construction workers:

Construction employers are expected to inform authorities about the number of workers, conditions of service and other essential information. Authorities are to be informed 30 days in advance about the commencement and completion of work. They are also to be informed, by the employer, about any changes that have taken place in the meantime.

Employers with 50 or more workers are expected to submit a policy on worker safety and health. Procedures have been delineated for regular testing and examination of equipment like lifting appliances and gears.

Establishments with more than 500 workers are mandated to establish safety committees with employers and employees being represented in an adequate balance. The law also establishes procedures for appointments of safety officers, reporting of accidents and further, their investigation in an unbiased manner.

Medical officers are supposed to be completely responsible for the medical health of the workers on a particular site. The chief inspector is supposed to be notified at the earliest in case of poisoning and occupational diseases scheduled in the Act.

Source: Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006

For everyone:

Labor courts in Tamil Nadu have the power to execute its own award as a decree of a civil court. The same stands in the case of the execution of any settlements.

Source: Industrial Disputes (Tamil Nadu Amendment) Act, 2008

For workers in Beedi Establishments:

All beedi establishments are subject to approval by authorities for factors concerning the suitability, labor welfare capability and welfare of labor in the locality.

Source: The Tamil Nadu Beedi Industrial Premises (Regulation of Conditions of Work) Act, 1958

For all employers:

Employer contribution faltering under welfare schemes is enforceable as land arrears.

Source: Tamil Nadu Washermen Social Security and Welfare Scheme, 2006

Tamil Nadu Pottery Workers Social Security and Welfare Scheme, 2006

Tamil Nadu Handloom and Handloom Silk Weaving Workers Social Security and Welfare Scheme, 2006 Tamil Nadu Handicraft Workers Social Security and Welfare Scheme, 2006

Tamil Nadu Handicraft Workers Social Security and Welfare Scheme, 2006

Tamil Nadu HairDressers Social Security and Welfare Scheme.

Labour Inspection System in Gujarat

No State laws and provisions under this topic.

Labor inspection System in West Bengal

For all factory workers:

Source: West Bengal Factories Rules, 1958

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