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Occupational Health and Safety in India

This page provides an overview of occupational health and safety (OHS) laws in India, specifically focusing on the context of Labor Law. It aims to be a valuable resource for law students and LLB students studying this topic.

Introduction​

Occupational health and safety refers to the conditions and practices aimed at ensuring employees' physical and mental well-being while performing work tasks. India, OHS is governed by various laws and regulations, primarily falling under the purview of labor laws.

Key Laws and Regulations​

Factories Act, 1948​

Section 3: Definition of Factory Section 6: Power of Inspector to enter and inspect factories Section 10: General duties of occupiers of factories

The Factories Act is the primary legislation governing OHS in India. It mandates safety measures, sets standards for working hours, and empowers inspectors to enforce compliance.

Employees' Compensation Act, 1923​

Section 2: Definitions Section 4: Liability of employers

This act provides compensation to workers injured industrial accidents. It's crucial for understanding employer responsibilities in OHS matters.

Mines Act, 1952​

Section 13: Safety appliances Section 15: Power of inspector to enter and inspect mines

While primarily dealing with mining regulations, this act also covers general OHS provisions applicable to all industries.

Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996​

Section 10: Safety measures

This act specifically addresses OHS issues in construction sites, mandating safety measures and training for workers.

Case Law Illustrations​

M.C. Mehta vs Union of India (1997)​

This landmark case established the principle of environmental liability, which has implications for OHS regulations.

Indian Oil Corp vs R.K. Saboo (1995)​

This case dealt with the employer's responsibility towards employee safety during industrial accidents.

Conclusion​

Understanding occupational health and safety laws is crucial for law students and future legal professionals. These laws not only protect workers' rights but also contribute to overall economic development by ensuring a healthy workforce.

References

Factories Act, 1948 Employees' Compensation Act, 1923 Mines Act, 1952 Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996