By- Dr. Kunal

Guided By- Dr. Abhay Mudey

LEGISLATIONS RELATED TO OCCUPATIONAL

HEALTH

Why there is a need of Occupational Health Legislation?

• A large number of workers are employed in establishments not coming under the purview of Factory Act. i.e. they deprived of health, safety & welfare benefits available under the act.

• Majority of industries concerns neither afford nor interested in giving total health care to the workers.

• History reveals industrial revolution in West paid heavily in the form of ill-health, accidents , deformities, tuberculosis, etc.

Who is responsible for workers well-

being?

• Director General of Health Services

• Deputy Director General of Health Services

• Factory Inspection & Advisory Service

Factories Act, 1948

History of FACTORIS ACT,1948

Conditions:-

• No control over the conditions of employment of workmen employed in industries.

• Employers used to bargain with employees.

• Child employment was predominant in factories

• Introduction of machines & new processes lead to accidents & deaths.

• There was no stipulated timing of work.

Major amendments were caused during 1987

Reasons:-

• Bhopal gas tragedy occurred in 1984 ( Early hours of 3.12.1984)

• Revealed the weakness in the existing law & demanded the need to amend the law by incorporating special provisions to deal with chemical industries & for management of chemical accidents.

Act was overhauled-1987 (1/12/1987)

• Many provisions were introduced

• Penal provisions were revamped

• In India the first factory act was passed in 1881

• In 1891 another factories Act was passed extended to the factories employing 50 or more workers.

Applicability

• Limited Jurisdiction – Applies to “Factories”

• Premises where 10 & more workers

• Manufacturing process with Power

• Premises where 20 & more workers

• Manufacturing process;

• No Power

• Act empower state GOVT. to declare all or any of the provisions of the act to apply any place with an objective to secure safety, health & welfare.

Responsible persons

• Occupier & manager are the responsible person for implementation of the provisions envisaged in the Act.

• Occupier means the person who has got the ultimate control over the affaires of factory.

• After the SC judgement during 1996

• Manager means a person responsible to the occupier for the working of the factory.

• He has to be nominated by the occupier.

Definitions

• Factory:-

• It is a workplace wherein 10 or more workers are working or were working on any day of the preceding twelve months & in any part of which manufacturing process is being carried on with the aid of power or is ordinarily so carried on, or.

• Wherein twenty or more workers are working , or were working on any day of the preceding twelve months, & in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on.

Scope

• Health

• Safety

• Welfare

• Working Hours of adults

• Employment of Young Persons

• Annual Leave with Wages

• Special Provisions

Provisions under Health

Cleanliness• Every factory shall be kept clean & free

from effluvia arising from any drain, privy or other nuisance.

• Dirt & refuse must be removed daily from benches, strains, floors, etc.

• Floors are to be cleaned by washing with disinfectant, once a week.

• Painting& varnishing should be done once in 5 years (once in 3 years in case of washable water point)

Disposal of wastes & Effluents

Effective arrangements shall be made for disposal of wastes & effluents arising from manufacturing process.

Ventilation & Temperature

• Adequate circulation of air is required at temperature convenient & not injurious to health.

• If work is in high temperature, hot parts should be insulated or cooled by other means.

Dust & Fumes

• If a manufacturing process emits dust or fumes or other Impurities , injurious to health of worker adequate measures shall be taken to prevent their inhalation & accumulation.

• If exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of dust or fume.

Artificial humidification

• The state Govt. may prescribe standards of humidification.

• If humidity of air is artificially increased in a factory, the water used for the purpose shall be taken from public supply or other source of drinking water, or shall be effectively purified before it is used.

Overcrowding

• Space for a factory worker shall be provided at the rate of 14.2 cubic meters per worker.

• Space 4.2 meters above the floor is ignored for this purpose.

Lighting

• In every part of the factory , the management shall provide sufficient light-natural, artificial or both.

• Skylight be kept clean, & there should be no glare from source or from reflection.

Drinking Water

• It should be sufficient, wholesome & provided at convenient places.

• All water points be marked “Drinking water” & not to be situated within the six meters of washing place, latrine or urinal.

• If more than 250 workers are employed, cool water to be provided in hot weather.

Latrines & Urinals

• They should be sufficient, easily accessible, well lighted kept clean by sweepers & separate for sexes of sanitary type with walls lined up to 90 cm by glazed tiles.

Continued….

• The number of latrines & urinals according to Factory Rules, under Factory Act as follows:

• Latrine Accommodation-

1 for 25 females; for males, 1 for 25 up to 100 & 1 for 50 thereafter.

• Urinal Accommodation-

1 for 50 men, 2 feet apart, up to 500 men; after that 1 for 100 or part thereof.

SafetyPrescribes the

precautions to be taken

for safety against

injuries & accidents

which are likely to

occur while at working

in factory

• Include fencing of machinery, non-employment of young persons on dangerous machines, protection of eyes by use of goggles, precautions against fire, dangerous fumes, etc.

• Appointment of safety officer in factories employing 1000 workers or more.

Provisions Under Safety

Welfaremeasures that promote health &

provide medical care.

Washing Facilities

Adequate & suitable facilities, separate for males & females, should be provided at convenient places.

Provisions Under Welfare

Facilities for sitting

Provides, that where the workers are obliged to work in standing position , suitable arrangements for sitting shall be provided in order that they may take advantage of any opportunities for rest which may occur in the course of their work.

First Aid Appliances

• First Aid box or cupboards with prescribed contents, easily accessible, throughout the working hours be provided at the rate of 1 for every 150.

• Persons handling them should be trained & readily available any time

• If more than 500 workers are employed, an ambulance should be provided with medical & nursing staff & prescribed equipments.

Canteens

There shall be maintained by the employer if more than 250 workers are employed.

Creches

• If more than 30 women are employed, suitable room shall be provided to keep children clean under 6 years.

• The accommodation should be adequate, lighted & ventilated.

• The crèche should be kept under the charge of women trained in care of infants & children.

Welfare Officer

A welfare officer has to be appointed when the

number of workers is 500 or more.

Working hours for Adults

Provisions under Working hours for adults

Adult Weekly hours

No Adult worker should be

required or allowed to work in factory for more

than 48 hours in a week.

Weekly holidays

It provides holiday for or one full day each week.

Daily hours

Not more than 9 hours a day.

Interval for rest

Not more than 5 hours work at a

stretch followed by rest for at least half

an hour.

Women Workers

No women to be employed between the hours of 7 pm & 6 am.

Employment of

young persons

Provisions under Employment of young Persons

• Not to work in factory unless 14 years are completed.

• No child to work more than four & half hours a day & not at night from 10pm to 6am.

Annual leave with

wages

Provisions Under

• Leave with wages to be given at the rate of 1 for 20 days work to an adult & 1 for 15 days work to a child, if they have worked for 240 days or more during a calendar year.

• Adult women shall be given maternity leave for 12 weeks (6 weeks before & 6 weeks after delivery)

Special Provisions

Provisions under Special Provisions• Certain accidents to be notified by the manager of

the factory to the authorities specified.

• If any worker in contract a disease specified in Act the manager should inform the prescribed authorities.

• Specified diseases under the Act;

• Poisoning by lead, phosphorous, mercury, magnesium, arsenic, etc….

• Pathological manifestations due to radium or other radioactive substances or X-rays.

THE EMPLOYEES STATE INSURANCE ACT, 1948

History

• Pioneering measure in social insurance in India.

• Health insurance first discussed in 1927 by Indian legislature.

• Originally called “workmen’s state insurance bill” 1946.

• Came into force on 19th April 1948.

E.S.I. CORPORATION

MembersRepresentatives of employees organisations, medical profession,parliament

ChairmanUnion minister for labour

Vice ChairmanSecretary to Government of India,Ministry of Lbour

Ceo,Director General ESIInsurance, Medical, Finance Comissioner

Medical Benefits CouncilChairman DGHS

Objectives

The ESI Scheme is an integrated measure of “Social

Insurance” come to the life through the Employees'

State Insurance Act - 1948, and is designed to

complete the task of protecting “Employees” as

defined in the ESI Act – 1948, against the hazards of

Sickness, Maternity, Disablement or Death due to

Employment injury and to provide full Medical care

to insured persons and their families.

Continued….

• Coverage in India:

No. of States/UTs covered:- 29

No. of implemented centers:- 787

No. of Employees:- 1.39 crores

No. of Insured Persons/Family units:- 1.43 crores

No. Insured women:- 26.00 lakhs

No. of Beneficiaries:- 5.55 crores

No. of Employers covered:- 4.06 lakhs

Continued….

• Infrastructure in India:

No. of Regional/Sub-Regional/Divl. Offices:- 52

No. of Branch/Pay offices:- 798

No. of ESI Hospitals:- 148

No. of Hospital Annexes:- 42

Total No. of Hospital Beds:- 27,739

No. of ESI dispensaries:- 1388

No. of IMOs/IMPs/Specialists etc.:- 8925

No. of Para-medical staff:- 45000

At an average the ESI Corporation makes 40 lacs individual payments each year

amounting toabout Rs. 300 crores through its wide spread network of branch Offices in

implemented areas.

Applicability

• Extends to whole of India.

• Act applies to factories using power not using and employing 20 or more persons (Excluding mines, railways & defence services).

• Gradually extended to the following:-

•Power using factories employing 10 or more persons.

• Shops

•Hotels and restaurants

•Cinemas including previewtheatres

•Newspaper establishments

•Road transport establishment

DEFINITIONS

Employee: employee refers to any person employed onwages in connection with the work of a factory orestablishment to which this act applies.

•Includes technical, manual, clerical and supervisoryfunctions

•No distinction between casual and temporaryemployees or technical and non-technical, or time-rateor piece-rate

•Covers admin staff and those in purchase

•Does not include naval, military or air force personnel.

Continued….

Wages: means all remuneration paid in cash, includingpayment in period of leave, lockout or strike which isnot illegal.

Does not include:

•Contribution paid to the provident fund or pensionfund

•Travelling allowance

•Sum paid to defray special expenses

•Gratuity payable on discharge

Contribution Deposit & Due Dates

The amount of contribution (Employee’s and

Employer’s share) is to be deposited with the

authorized bank (State Bank Of India) through Online.

Generated Challan, on or before 21st day of the

Succeeding month, of month following the calendar

month.

Continued….

• Contribution can also be submitted Online, byselecting Online Payment Option during Payment ofthe contribution, the process will take you thePayment page of SBI corporate banking login tocomplete the payment & same will be competed infew minutes.

• If the employee is drawing up to Rs.70/- as daily average wage, he is exempt from the payment of his share of contribution. The employer is however to pay employer's share of 4.75% of the salary received by the employee.

Continued….

• The State Govt. bears one-eight share of expenditure

on medical benefits with in the per capita ceiling of

Rs. 1200/- per I.P. family per annum & all additional

expenditure beyond the ceiling.

Contribution & Benefit Period

Employers covered under the Act, are required

to Pay the Contribution towards the scheme on

a Monthly basis. There are two contribution

periods each of Six months and two

corresponding benefit periods also of Six

months duration as under.

Contribution Period

1st April to 30th Sep.

1st Oct to 31st March

Benefit Period

1st Jan to 30th June(of the following

year )

1st July to 31st Dec.

Benefits of ESI

Medical Benefit

• Insured persons and their

families entitled to free, full

and comprehensive medical

care.

• Extended up to two years for

chronic and long-term

diseases.

Continued….

• Treatment continues even if person goes out of coverage, till sickness ends.

• Package covers all aspects of health care from primary to super-specialist facilities, such as:

1) Out-patient treatment

2) Domiciliary treatment

3) Specialist consultation and diagnostic facilities

Continued….

1) In-patient treatment

2) Free supply of drugs and dressing

3) X-ray and laboratory investigations

4) Vaccination and preventive inoculations

5) Ante-natal, confinement, post-natal care

6) Ambulance service or conveyance charges

7) Free diet during admission in hospitals

8) Free supply of artificial limbs, aids and appliances for physical rehabilitation

9) Family welfare services and other national health programme services

10) Medical certification

11) Special provisions including super-speciality treatment.

Continued….

• Represents periodical payments made to an insured

person for the period of certified sickness after

completing 9 months in insurable employment.

• Eligibility for SB:- Minimum 78 days contribution in

one contribution period.

The daily rate of Sickness Benefit is 50% of the daily

wages.

Max. Duration:- Maximum period of 91 days in any

two consecutive benefit periods

Continued….

• Rates of payment vary from Rs.14-125 per day, i.e.Average of 50% of daily wages.

• Insured persons suffering from TB, leprosy, mentaland malignant diseases or other specified long termdiseases are entitled to extended benefits at higherrates, provided he has been continually employedfor at least two years.

Extended Sickness Benefit

• Extended Sickness Benefit is a Cash Benefit paid for

prolonged illness due to any of the 34 specified

diseases.

• Eligibility for Extended SB:-

Continuous employment for a period of 2 years and

should have contributed for at least 156 days in 4

preceding contribution periods. The daily rate of

Extended Sickness Benefit is 40% more than SB rate.

Continued….

• Maximum Duration of ESB:-

Including Sickness Benefit payable

for 91 days the ESB is payable up

to a further period of 124/309

days that can be extended up to 2

years in special circumstances on

recommendation of competent

authority.

Maternity Benefits

• Consists of periodical cash payments in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, to an insured woman as certified by a duly appointed medical officer or mid wife.

• Eligibility for MB:-The daily benefit rate is double the Sickness Benefit rate and is thus roughly equivalent to the full wages. Benefit is paid for Sundays also.

Maternity Benefits Continued

The Benefit is paid as follows:-

1) For Child Delivery:- For a total period of 12 weeks

beginning not more than 6 weeks before the

expected date of child birth.

2) For Miscarriage:- For a period of 6 weeks following

the date of miscarriage.

3) For Sickness arising out of pregnancy, confinement,

premature birth of child or miscarriage : For an

additional period of up to 04 weeks.

Continued….

• Medical Bonus:-

Medical Bonus is lump sum payment made to an

insured woman or the wife of an insured person in case

she does not avail medical facility from an ESI

hospital at the time of delivery. The amount of Bonus is

Rs. 2500/-.

Disablement Benefit

• Admissible for disablement caused by employmentinjury.

• Temporary disablement benefit is payable as long asthe temporary disability lasts.

• If the employment injury results in partial ortotal/permanent disability, permanent disablementbenefit is payable till the death of the insuredperson.

• The Daily benefit rate for Permanent and Temporary Disablement is roughly equivalent to about 100% of the wage rate.

Continued….

• The Daily benefit rate for Permanent and Temporary

Disablement is roughly equivalent to about 100% of

the wage rate.

• For permanent partial disablement, the rate of

benefit is proportionate to the %

of loss of earning capacity.

• The benefit is paid for Sundays

also.

Dependent Benefits

Periodical pension equivalent to about 70% of the wages paid to dependants of deceased where death occurs out of employment injury or disease.

Continued….

• Eligible Members:

1) A widow can receive this benefit on monthly basisfor life or till her Re-Marriage.

2) A son or daughter can receive this benefit till (25)twenty five years of age.

3) Other dependants like parents including awidowed mother etc. can also receive this benefitunder certain conditions.

4) The first installment is payable within a maximumof three months following the death of an insuredperson and therefore, on a regular monthly basis.

Funeral expenses

Others Benefits

• Rehabilitation Allowance:-Rehabilitation in case of disabled insured persons under 45 years of age with 40 percent or more disablement.

• Free Supply:-Free Supply of physical aids and appliances such as crutches, wheelchairs, dentures, spectacles and other such physical aids.

• Old Age Medical Care:-Old age Medical care for self and spouse at a nominal contribution of Rs. 120/- per annum.

Continued….

• Preventive Health Care Services like;

I. Immunization

II. Family welfare services

III. HIV/AIDS detection & treatment, etc.

• Rashtriya Swasthya Bima Yojana

• Rajiv Gandhi Shramik Kalyan Yojana

Rehabilitation Benefits

• Workers entitled to receive artificial limb are awarded a rehabilitation allowance, for each day of their admission at artificial limb center, for provision or replacement of an artificial limb.

• Besides the Factories Act & ESI Act, there are several other Acts that that have been framed to ensure worker’s right, safety, health & welfare.

• Some of them are;

1) Mines Act, 1952

2) Plantation Act, 1951

3) Motor Transport Workers Act, 1961

Continued….

4) Shops & Commercial Establishment Act (State Act)

5) Employment of Children Act, 1938

6) Beedi & Cigar Workers ( Conditions Of Employment) Act, 1937.

Benefits to Employers Under ESI Act

• Compliance under the act brings about healthy work force & augmentation in production.

• Discharge the employer from liability under other labor enactments such as Workmen’s Compensation Act, Maternity Benefit Act, etc.

• Save from the imposition of interest/damages/compensation to ESIC

• Exempted from liability of organizing health case services for employees.

New Initiatives

Pandit Deendayal Upadhyay Shramev Jayate Karyakram

On 16 October 2014 – the Hon'ble Prime Minister of India Narendra Modi inaugurated the Pt. Deendayal

Upadhyay Shramev Jayate Karyakram, during the daylong conference of State Labour & Employment

Ministers, State Health Ministers and State Vocational Training Ministers at Vigyan Bhawan, New Delhi

Continued….

e-KRANTI

• The main objective of e-Kranti is to accelerate e-governance across India and achieve, in the words of the Hon'ble Prime Minister: Minimum Government, Maximum Governance.

• Therefore, the mission of e-Kranti is to: “Make all government services accessible to the people in their locality via Common Service Delivery outlets; ensure efficiency , transparency and reliability in such services at affordable costs; and realise the basic needs of the common man.”

Continued….

SHRAM SUVIDHA PORTAL

• Unique Labour Identification Number (LIN) allotted to Units facilitating online registration.

• Filing of self-certified, simplified Single Online Return by industry . Units will only file a single consolidated Online Return, instead of separate Returns. Amendments to 10 Rules already under taken.

• Transparent Labour Inspection Scheme via computerized system as per risk-based criteria, instead of arbitrary inspections based on discretion, and uploading of Inspection Reports within 72 hours by Labour Inspectors.

• For more details visit: www.efilelabourreturn.gov .in

Continued….

Pehchan Card for IP:

The photograph of the Insured Persons (IPs) and

their family members are clicked during registration.

Their fingerprints are also scanned for Pehchan Card.

Two sets of Pehchan Card (one for the IP , another

for his/her family members) are provided for swift

and convenient delivery of services.

Continued….

e-Biz Platform:

ESIC is the first entity to integrate its services (Registration of Employers via e-Biz portal of the Department of Industrial Policy and Promotion (DIPP)) to promote ease of business and curb transaction costs.

For more details visit:

www.esic.nic.in or www.esic.in

Summery

• To provide for certain benefits to Employees in case of Sickness, Maternity and Employment Injury and to make provisions for Related Matters.

References

• Community Medicine With Recent Advances

-A.H. Suryakantha

• Text Book of Preventive & Social Medicine

-Rabidra Nath Roy &

Indranil Saha

• Text Book of Preventive & Social Medicine

-K.Park

• Jay’s Text Book of Occupational Diseases

• www.efilelabourreturn.gov .in

• www.esic.nic.in