Commendable move needs more rigour

Commendable move needs more rigour

The decision to create dedicated legislation on occupational safety and health as part of overhauling India’s myriad labour laws is welcome. The draft combines provisions from 13 laws for different sector and extends the mandate to all establishments employing 10 or more people. Occupational safety and health are important for improved productivity and growth. However, the present code also goes into things like wages and conditions of work.

The Bill lists out the duties of employers and employees, working hours, annual leave with pay, the facilities that must be provided for healthy working conditions, maintain records, appointment of facilitators, special provisions for women and penalty provisions. It also provides for national and state occupational safety boards. These are all steps in the right direction, and in keeping with international conventions and practices under the International Labour Organization. However, to make this effort effective, the government must consider a few changes. Enforcement and timely revision of regulations and standards are among the weakest links for India. The draft Bill provides for facilitators, which could be any government official given this additional mandate. The government must consider setting up a dedicated agency under the ministry of labour to deal with developing standards, monitoring establishments, and enforcement of standards across the economy. The proposed occupational safety boards could continue to guide the agency at the national and state level.

The drafting of the law is less than rigorous. If the employer is responsible for the health of the worker, as the Code says, he must provide at least health insurance. This would overlap with the Employees State Insurance healthcare and Ayushman Bharat.