Occupational health safety act

1. Occupational health safety act Presented by, Mrs. Geethu V

2. AIMS • The promotion and maintenance of the highest degree of physical, mental and social well being of the workers in all occupations. • The prevention among workers of departures from health caused by their working conditions • The protection of workers in their employment from risks resulting from factors adverse to health

3. Various acts…………. • The factory act,1948 • The Employees State Insurance Act,1948 • Contract Labour Act • The Mines Act • The Plantation Act • The Minimum Wages Act • The Maternity Benefit Act

4. FACTORY ACT

5. Health safety and welfare For health Ventilation ,cleanliness Lightening Disposal of waste Dust and fumes latrines Drinking water Overcrowding Spittoons

6. For safety • Fencing of machinery • Cashing of new machinery • Protection of eyes • Device for cutting of the power

7. Precautions against dangerous fumes • Safety of building, Lift facilities • Excessive weights • Explosives of inflammable gas

8. For welfare • Washing facilities, First aid appliances • Rest room and shelter • Canteens, facilities for sitting • Facilities for storing and drying clothing

9. Employment of young persons • Act prohibits employment of children below age 14yrs • Declares person between age 15 – 18yrs as adolescents

10. Hours of work • 48 hrs per week • Not more than 9hrs per day with rest for at least half hr after 5hrs of continuous work. • For adolescents 5 to 4 ½ hrs per day

11. Leave with wages • For adult – one day for every 20days of work • For children- one day for every 15 days of work • Leave can be given up to 30 days for adults and 40 days for children's.

12. Occupational diseases

13. Employees state insurance act

14. Passed in 1948, is an important measure for social safety and health insurance. • It provides cash and medical benefits to the industrial employees. Scope: • Earlier all power using factories other than seasonal factories.

15. Act of 1975 were extended to new classes • Power using factories and non power using factories. • Hotel and restaurants • Road motor transport employees • Shops

16. ADMINISTRATION • Administration is under an autonomous body called the ESI Corporation. • Union Minister for Labour is the chairman and the secretary to Govt. of India Ministry of labour is the vice chairman. • Consist of central and state government employers and employee organizations, medical profession and parliament members

17. Chief executive officer of the corporation is the director general and is assisted by four Principal Officer. • Insurance commissioner • Medical commissioner • Financial Commissioner • Actuary

18. Finance • Run by the contribution of employees and employers and grant from Central and State Government. • The employer contributes 4.75 percent of total wage bill, the employee contributes 1.75 percent of wages.

19. BENEFITS TO EMPLOYEES • Medical benefit • Sickness benefit • Maternity benefit • Disablement benefit • Dependent benefit • Funeral expenses • Rehabilitation allowances

20. Medical benefit Full medical care including • Hospitalization free of cost, to the insured person in case of sickness, employment injury and maternity. • Outpatient care, Supply of drugs, Specialist services, Pathological and radiological investigations.

21. Antenatal, Natal and Postnatal, Immunisation, Family planning, Emergency, Domiciliary services. • Patients are sent for institutional treatment even outside their state at the expense of the ESI Corporation.

22. Medical care provided in direct and indirect pattern. • DIRECT PATTERN: • In area having a concentration of 1,000 or more employee’s family units, service dispensaries are established with full time medical and Para medical personnel. • In area the employee are less than 750, part time ESI dispensaries are established

23. INDIRECT PATTERN: • This is known as panel system. Registered medical practitioners designated as Insurance Medical Practitioners are appointed to provide medical care. • Medical care is also extended to families of workers where requisite arrangement could be made.

24. Sickness benefit • Periodic cash payment to an insured person in case of sickness. • Benefit is payable for a maximum period of 91days, in any continuous period of 365 days.

25. Maternitybenefit • The benefit is payable in cash to an insured woman for confinement/ miscarriage or sickness arising out of pregnancy or premature birth of child or miscarriage. • For confinement, the duration of benefit is 12 weeks, for miscarriage 6 weeks and for sickness arising out of confinement etc.30 days.

26. Disablement benefit Dependant benefit Funeral expenses

27. CONTRACT LABOUR ACT • In contract labour the workers are in a triangular relationship between the user enterprises, the contractor and the workers. • They have very little bargaining power, have little or no social security

28. Recognising the need for protecting the interest of contract labour, the Contract Labour Act, 1970 was formulated. • Provision of the act: every contractor in which 20 or more workmen are employed or were employed on any day in the preceding 12 months.

29. Registration Contractor is required to obtain a licence and not to undertake or execute any work through contract labour, except under and in accordance with the licence issued. Facilities for Contract Labour • Canteens and rest room • Arrangements for drinking water • Latrines and urinals • washing facilities • First aid facilities

30. Payment of Wages The contractor is required to pay wages in the presence of the authorised representative of the Principal Employer. Penal Provisions For contravention of the provisions of the Act the punishment is imprisonment for a maximum term up to 3 months and a fine up to a maximum of Rs.1000

31. THE MINES ACT, 1952

32. Under the Constitution of India, safety, welfare and health of workers employed in mines are the concern of central Government. • These are administered by the Directorate-General of Mines Safety (DGMS), under the Union Ministry of Labour

33. Salient features of Mines Act • Minimum age of employment is 18; • One day of rest per week; • Limited working hours (48 in a week) • No underground work for women; • Provision of clean water and medical facilities; • Constitution of tripartite safety committees; • No unsafe mines; • right of inspectors to survey safety and health

34. RECOMMENDATIONS ON SAFETY IN MINES Occupational Health Services • identification and assessment of the risk • surveillance of the factors in working environments and work practices which may affect workers’ health; • surveillance of workers’ health relating to work; • Advising the management on issues relating to occupational health

35. Medical Surveillance • There should be at least one medical officer properly trained in occupational health. • One medical examination for every person should be arranged within one year.

36. Adequate facilities for X-rays and lung function tests should be provided at each medical examination centre

37. Dust • Necessary infrastructure facilities to carry out dust surveys in mines were developed Noise • Development and supply of the proper type of ear protectors including helmet-mounted ear muffs. Audiometry should be introduced, as a mandatory part of medical examination. . USE

38. Occupational Health Surveillance • Each mining company operating mechanised mines shall computerise all records of medical and environmental surveillance. • All chest radiographs of Initial and Periodical Medical Examinations shall be classified for detection, diagnosis and documentation of pneumoconiosis.

39. PLANTATION LABOUR ACT, 1951

40. The Act provides for the welfare of labour and regulates the conditions of service in plantations. • Any worker drawing salary of Rs. 750/- per month is covered under this act. • For every 300 or more workers one welfare worker is required.

41. Medical facilities Medical facilities are provided in every plantation. • Drinking Water • Canteens Every plantation where one hundred and fifty workers are ordinarily employed, one or more canteens shall be provided

42. Creches. • Employer suitable rooms for the use of children of women workers. • Be adequately lighted and ventilated; • Be maintained in a clean and sanitary conditions • Under the charge of a women trained in child care Recreational facilities: Educational facilities:

43. Housing facilities: For every worker (including his family) residing in the plantation. • APPLICATION FOR COMPENSATION. • person who has sustained the injury; or • by any agent duly authorized by the person who has sustained the injury • the person who has sustained the injury is a minor, by his guardian

44. Weekly hours. • Adult workers = forty-eight hours a week • Adolescents = twenty seven hours a wk. Weekly holidays A day of rest in every period of 7days work Daily interval for rest No worker shall work for more than five hours before he has had an interval for rest for at least half an hour.

45. Night work for women and children: not allowed , they can work between 6 am to 7pm. • Certificate of fitness: given by medical officer ie, a certifying surgeon. • Certificate of fitness is valid for a period of 12 months and after that it need to be renewed

46. Annual leave with wages • Every worker shall be allowed leave with wages for a number of days calculated at the rate of • if an adult, one day for every twenty days of work performed by him • if a young person, one day for every fifteen days of work performed by him

47. Sickness and maternity benefit • In the case of sickness certified by a qualified medical practitioner, sickness allowance, at a rate, for such period and at such intervals as may be prescribed.

48. THE MINIMUM WAGESACT, 1948

49. The Minimum Wage Act, 1948 provides for fixation and enforcement of minimum wages in respect of schedule employments to prevent sweating or exploitation of labour through payment of low wages.

50. Objectives: • To provide minimum wages to the workers • To stop exploitation of the workers • To empower the government to take steps for fixing minimum wages and to revise this wages every two years • To apply this law on most of the sectors in organised sectors