LABOUR WELFARE ADMINISTRATION IN INDIA

Subject Code: 18BPA64C

Name of the Staff: J. Ariya padai Kadantha Nedunchezhian

CONTACT: 9629836792

Email: apkn16@gmail.com

UNIT – I: Philosophy of Labour Welfare -Philosophy of Labour Welfare – Historical Development of

Labour Welfare in India – Statutory welfare Provision – Industrial Safety and Industrial hygiene,

Factories Act 1948

UNIT – II: Special categories of Labour and ILO in Labour welfare Female labour – Child labour –

Contract labour – Bonded labour – Rural labour – International Labour Organisation in pursuits of

Labour Welfare – Equal Remuneration

UNIT – III: Labour Welfare Legislations Scheme of Social Security – The Workmen’s Compensation

Act 1923 – The Employee’s State Insurance Act 1923 – The Employee’s State Insurance Act 1948 –

The Employee Provident Fund and Miscellaneous Provision Act 1952 – The Maternity Benefit Act

1961– The Payment of Gratuity Act, Minimum Wage Act.

UNIT – IV: Trade Union Trade Union – Concept and Definition – history of labour movement in India

- The structure and function of Trade Union – the salient features of Trade Union in India – Central

Trade Union Organization –AITUC – CITU – HMS – INTUC

UNIT – V: Industrial Relations Concept and Definition – Employee discipline – suspension, Reprimand

and dismissal- Collective Bargaining – Industrial Disputes Act 1947 – Industrial relation machinery –

Employee grievance handling – Industrial democracy and workers participation in management.

Textbook 1. Tripathy, P.C. Labour Welfare and Industrial Relations.

Reference Books 1. Sharma A.M. – Aspect of Social welfare and social security 2. Mehrota – Labour

Problems in India.

UNIT- I INTRODUCTION

The Meaning, Nature and Scope of the Labour Welfare:

Before studying the aspects of the Labour Welfare Administration, it is much better to

Understanding the General concept of Welfare.

Philosophy of Labour Welfare:

‘Welfare is a broad concept referring to a state of an individual or a group, in a desirable relationship

with the total environment.

‘Social Welfare is primarily concerned with the solution of various problems of the weaker sections

of society like prevention of destitution and poverty. It aims at social development by such means as

social legislation, social reform, social work, social action.

‘Labour Welfare is a part of social welfare, conceptually and operationally. It covers a broad field and

connotes a state of well-being, happiness, conservation and development of human resources.

Definition of Labour Welfare:

The Oxford dictionary defines, labour welfare as “efforts to make life worth living for workmen”.

Chamber’s Dictionary defines, welfare as a state of faring or doing well; freedom from calamity,

enjoyment of health and prosperity.

The Encyclopaedia of social Sciences defines it as “the voluntary efforts of the employers to

establish, within the existing industrial systems, working and sometimes living and cultural

conditions of employees beyond what is required by law, the customs of the industry and the

conditions of Market”.

In the II report of the ILO Asian Regional Conference, denotes the aspects of the labour welfare as

“the services, facilities and amenities which may be established outside or in the vicinity of

undertakings, to enable the persons employed therein to perform their work in healthy and

congenial surrounding and to provide them with the amenities conducive to good health and high

morale.”

The Labour Investigation Committee (1944-46) includes under labour welfare activities “anything

done for the intellectual, physical, moral, and economic betterment of the workers, whether by

employers, by government or by other agencies, over and above what is laid down by law or what is

normally expected as part of the contractual benefits for which the workers may have bargained.

The Scope of Labour Welfare:

The Scope of Labour Welfare bas been described by writers and institutions of different shades in

different ways. The scope of Labour welfare can be interpreted in different countries, with varying

stages of economic development, political outlook and social philosophy.

While expressing its interpretation regarding the scope of labour welfare, the ILO has observed: the

term is one which lends itself to various interpretation and it has not always the same significance in

different countries. Sometimes the concept is a very wide one and is more or less synonymous with

conditions of work as whole. It may include not only the minimum standard of hygiene and safety

laid down in general labour legislation, but also such aspects of working life as social insurance

schemes, measures for the protection of women and young workers, limitations of hours of work,

and paid vacations. In other cases, the definition is much more limited, and welfare, in addition to

general physical working conditions, is mainly concerned with the day to day problems of the

workers and the social relationships at the place of work.

As the subject of welfare facilities is a very broad one covering a wide field of amenities and

activities, limits cannot be rigidly laid down regarding its scope or al industries and for all times. In

the final analysis, labour welfare services should include all extra-mural and intra-mural welfare

work, statutory and non-statutory welfare facilities undertaken by the employers, government,

trade unions or voluntary organisations and also social security measures which contribute to

worker’s welfare such as industrial health, insurance, provident fund, gratuity, maternity benefits,

workmen’s compensation, retirement benefits and so on. More specifically, we may examine the

ways in which labour welfare is classified in order to obtain a clearer understanding of its scope.

Labour welfare work can be broadly divided into two categories:

(i) Statutory Labour Welfare

(ii) Non-Statutory Labour Welfare

The statutory welfare consists of those provisions of welfare work which depend for their

implementation on the coercive power of the government. The Governments enacts certain rules of

labour welfare to enforce the minimum standards of health and safety of workers. The employers

are required by law to fulfil their statutory obligations on welfare. Every Country is increasing

gradually its statutory control over labour welfare.

Non-Statutory welfare measures include all those activities which employers undertake for the

welfare of their workers on a voluntary basis.

Aims and Objectives

The aim or object of welfare activities is partly humanitarian - to enjoy a fuller and richer life – and

partly economic – to improve the efficiency of the workers- and also partly civic to develop among

them a sense of responsibility and thus make them worthy citizens of the nations.

Theories of Labour Welfare:

There are Seven theories constituting the conceptual framework of labour welfare, they are,

1. The Police Theory of Labour welfare:

This is based on the contention that a minimum standard of welfare is necessary for labourers. This

theory assumes that man is selfish and self-centred and always tries to achieve his own ends, even at

the cost of the welfare of others. According to this theory, owners and managers of industrial

undertakings get many opportunities for exploitation of labour. Hence, the state has to intervene to

provide minimum standard of welfare to the working class conditions, reasonable hours of work,

and social security.

2. The Religious Theory of Labour welfare:

This is based on the concept of that man is essentially “a religious animal.” Even today, many acts of

man are related to religious sentiments and beliefs. These religious feelings sometimes prompt an

employer to take up welfare activities in the expectation of feature emancipation either in this life,

or after it. Thus according to this theory, any good work is considered as “as investment” by which

both the benefactor and the beneficiary are rewarded. Another aspect of the religious theories is the

atonement aspect. Some people take up welfare work in a spirit of atonement for acts of omissions

and commissions divinely forbidden of this sins. Thus, benevolent act of welfare is treated as an

investment or an atonement.

3. The Philanthropic Theory:

This theory is based on man’s love for mankind. In Greek, “Philos” means loving and “anthropes”

means man. So Philanthropic means “loving mankind”. In fact, the labour welfare movement began

in the early years of the industrial revolution with the support of philanthropists as Robert Owen.

This theory, however, cannot be universal or continuous. Irregular and occasional philanthropic acts

of welfare may sometimes defeat the very purpose of welfare. All the same, the philanthropic

sentiments on the part of employers and others have worked well in certain establishments and on

certain occasions.

4. The Trusteeship Theory:

This is also called the paternalistic Theory of Labour welfare, according to which “the industrialist or

employer holds the total industrial estate, properties and profits accruing form them in a trust. In

other words, the employer should hold the industrial assets for himself, for the benefit of his

workers and also for society. The main emphasis of this theory is that employers should provide

funds on an ongoing basis for the wellbeing of their employees. Mahatma Gandhi very strongly

advocated this theory. Labour welfare, under this philosophy depends on the initiative of the top

management. Since it has no legal sanctions, its value is related to the moral consciences of the

industrialist.

5. The Placating Theory:

This theory is based on the fact that labour groups are becoming demanding and militant, and are

more conscious of their rights and privileges than ever before. Their demand for higher wages and

better standards of living cannot be ignored. According to this theory, timely and periodical acts of

labour welfare can appease the workers. They are some kind of pacifiers which come with a friendly

gesture.

6. The Public Relations Theory:

This theory provides the basis for an atmosphere of goodwill between labour and management, and

also between management and the public. Labour welfare programmes under this theory, work as a

sort of an advertisement and help an organisation to project its good image and build up and

promote good and healthy public relations. But this kind of programme may also lack in sincerity

and continuity. When such a programme loses its advertisement values, it may be neglected by the

employer even though it is still useful for the employees. Here, welfare may tend to become a public

stunt.

7. The Functional Theory:

This is also called the Efficiency Theory. Here work is used as a means to secure, preserve and

develop the efficiency and productivity of labour. It is obvious that if an employer takes good care of

his workers, they will tend to become more efficient and will thereby step up production. But all this

will depend on a healthy collaboration between union and management and their mutual concern

for the growth and development of the industry. Any higher production is of benefit to both

management and labour. The latter will get better wages and perhaps a share in the profits. This

theory is a reflection of contemporary support for labour welfare. It can work well if both the

parties have an identical aim in view; that is, higher production through better welfare. And this will

encourage labour’s participation in welfare programmes.

Historical Development of Labour welfare System in India:

The Labour welfare system in India was gradually developed from the Pre Independent India to Post

Independent India by gradual Development. We can study the evolution of Labour welfare System in

India in the following way;

Before Independence:

The Passing of the First Indian Factories Act in 1881 was paved the way for the gradual development

of the Labour welfare systems in India. The Deplorable conditions of the Labours in Bombay Spinning

mill on those days is results in the passing the above said Act. The First Factories Act applicable to

factories employing not less than 100 persons. Under this Act, the employment of children below

the age of 7 years was prohibited, while those who are in between the age 0f 7 and 12 years were

not to work for more than 9 hours a day.

Later, The Mulock Commission was appointed by the government of Bombay in 1884 to review the

working of the Factories Act of 1881.

The Factories (Amendment)Act,1891, was passed as a result of the recommends of the Bombay

Factory Commission of 1884 and the Factory Labour Commission of 1890. It applied to all factories

employing 50 persons or more. The lower and upper age limits for children were raised to 9 to 14

respectively and their hours of work were limited to 7 and between 5.00 a.m. and 8.p.m.

Employment of women between 7. 00 p.m. and 5.00 a .m. Provisions relation to better ventilation,

cleanliness and for preventing overcrowding in factories were also made.

To study the working conditions of labour in industry and to make recommendations, the

government of India appointed a Commission in 1907. Following the recommendations of the

commission, The Indian Factories Act was passed. The hours of work for children were reduced to 6

per day. The hours of work of an adult male worker were specified to the first time to 12 hours a

day. Certain provisions were also made for the health and safety of the industrial workers.

The outbreak of the First World War in 1914 led to a number of new developments. The Russian

Revolution has a tremendous impact on the attitudes of government and society towards labour.

During the war years (1914-18) the number of factories and the number of persons employed

therein increased. Wages did not keep pace with the raising prices and profits. The working classes

became more conscious as a result of the general unrest following the war. The Establishment of the

International Labour Organisation in 1919 was another important landmark in the history of labour

welfare movement in our country. The ILO declared that universal peace can be established only if it

is based upon social justice. The formation of AITUC (1920), the first central trade union organisation

un our country, also helped in furthering the cause of welfare movement.

As a result of all these developments, the importance of labour in economic and social

reconstructions of the world was recognised. The above developments and factors influenced in

India also. The government of India passed the Indian Factories (Amendment Act,1922 which was

made applicable to all the factories using power and employing not less than 20 persons. Children

below 12 years of age were not to work in factories and those between the years of 12 between 7.

P.m. and 5.30 a.m. The hours of work for adults were limited to 60 in week, and 11 in a day. Factory

inspection was improved by the appointment of full time factory inspectors possessing technical

qualifications.

The Royal Commissions on Labour under the chairmanship of J.H. whitely was appointed in 1929 to

enquire into and report on the then existing conditions of labour in industrial undertaking,

plantations, mines, and so on. The Commission made an in-depth survey of different aspects of

health, efficiency, welfare, standard of living, conditions of work and relations between employers

and employees and submitted its monumental report on March 14, 1931. It recommended the

enactment of a number of legislations relating to payment of wages in time, minimum wages, need

for health insurance for industrial workers, and improvement of working conditions of plantation

workers. Most of the recommendations of this Commissions were accepted by the government and

they constituted the powerful influence that led to the enactment of the Factories Act of 1934.

The following are the other developments in relating to the labour welfare developments in India.

The Factories Act of 1934

The Bombay Textile Enquiry Committee 1937

The Kanpur Labour Enquiry committee 1937

The Central Provinces Textile Labour Enquiry Committee 1938

The Bihar Labour Enquiry Committee 1938

The Labour Investigation Committee 1944

The Declaration of Philadelphia 1944.

Are the developments related to the developments of the labour welfare system in India throughout

the world including in India.

The Second World War brought about far reaching consequences in all fields of activities. The need

for sustained and increased productions gave a fillip to Indian Industry. The number of factories and

factory employees increased enormously. The government took the initiative and actively promoted

various welfare activities among the industrial employees. A number of legislations for the welfare

of the working classes were also enacted.

Development of the Labour Welfare Administration After Independence.

After Independence, The Labour welfare movement acquired new dimensions. It was realised labour

welfare has a positive role to play in increasing productivity and reducing industrial tensions. The

state began to realise its social responsibilities towards weaker sections of the society. The

emergence of different central trade union organisations like INTUC(1947), HMS(1948),

UTUC(1949),CITU(1970), NLO(1969) gave a further fillip to the growth of labour welfare movement.

The Government Enacted the Factories Act of 1948, following the recommendations of the Rege

Committee, constituted by the Government of India. The following are the essence of the Factories

Act of 1948.

The Factories Act of 1948 came into effect from 1st April,1949.

The Act applies to all establishments employing 10 or more workers where power is used and 20 or

more workers where power is not used, and where a manufacturing process is being carried on.

The Section 85 of the Act empowers the state governments to extend all or any provisions of the Act

to any premise. It contains many important provisions regarding health, safety, welfare,

employment of young persons and children, hours of work for adults and children, holidays, and

leave with wages.

The Directorate General of Factory Advice Service and Labour Institutes coordinate the work of

enforcement of the Factories Act throughout the country, frame Model rules and suggest

amendments to the Act and the Ruled in consultation with the State Chief Inspector of Factories.

The following are the developments reported following the India became Republic and the New

Constitution of India.

The Constitution of India enshrined a list of Fundamental Rights and Directive Principles of State

Policy for the achievements of a social order based on Justice, Liberty, Equality, and Fraternity.

Different Five Years Plans provided with Labour Welfare Activities

The First Five Year Plan Basically paid considerable attention on the welfare of the working classes.

More emphasis on the development of welfare facilities. During this period, the following subject

enacted,

The Plantations Labour Act,1951

The Mines Act,1952,

The Employees’ Provident Fund Act,1952,

The Bombay Housing Board Act,1948

In the Second Plan Period the following Enactment was made:

Dock workers (Safety, Health and Welfare) was drawn up in 1961.

Assam Tea Plantations Employees Welfare Fund Act 1951.

Plantation Labour Housing Scheme 1956 was evolved.

The Third Plan Period the following Statutory welfare provisions was enacted.

The Maternity Benefit Act 1961,

The Apprentices Act,1961,

Iron Ore Mines Labour Welfare Cess Act,1961,

The Maternity Benefit Act,1961,

The Apprentices Act, 1961

The Payment of Bonus Act, 1965.

The Fourth Plan Period the Following Enactment was made:

The Contract Labour (Regulation and Abolition) Act,1970,

The Payment of Gratuity Act,1972,

Employee’ Family Pension Scheme 1971, was passed.

The Draft Fifth Five Year Plan also laid down programmes for labour welfare. For promoting

industrial safety in increasing measure, the Plan provided for setting up of safety cells in various

states. An amount of Rs.578Crores was provided for labour welfare including craftsmen training and

employment service.

In the Six Plan Period the following changes was made:

According to Planning Commission, “the thrust of the programme should be on implementing

effectively the measures contemplated in different legislative enactments and in extending the

coverage of the employees State Insurance Scheme, the employees Provident Fund and Family

Pension Scheme. Special programmes would also need to be undertaken by the state governments

for the benefit of agricultural labour, artisans, handloom weavers, fishermen, leather workers and

other unorganised workers in the rural and urban areas”.

In the Seventh Plan Period the following measures was made for the welfare of the unorganised

workers.

To train and upgrade the skills of the workers

To Educate them and make them aware of the programmatic and legislative provisions available for

them.

The Planning Commission is of the view that as it is not feasible to eradicate the problems of child

labour as the present stage of economic development, attention has to be focussed on making the

working conditions of child labour better and more acceptable socially

The Seventh Plan laid down certain major tasks for women labour. These are:

To treat them as specific target groups in all rural development Programmes:

To ensure that in all asset endowment programmes, women have rights over assents and resources:

To properly diversify vocational training facilities for women to suit their varied needs and skills:

To encourage appropriate technologies, equipment and practise for reducing their drudgery and

increasing their productivity:

Tor provide crèche facilities and family planning centres:

To establish marketing estates at the State level:

To increase women’s participation in trade unions and in decision making:

To improve and enlarge the scope of the existing legislation for women workers.

The Eighth Plan Period provided welfare in the following areas:

Emphasis on skill formation and development, strengthening and modernisation of employment

service, promotion of industrial and mines safety, worker’s education, promotion of self-

employment, rehabilitation of bonded labour, enforcement of labour laws especially those relating

to unorganised labour and women and child labour, promotion of a healthy industrial relations

situations and encouragement of workers’ participation in management.

The Ninth Plan Period lays down the following measures:

Attempts to created conditions for improvement in labour productivity and for provisions of social

security to supplement the operations of the labour market.

Programmes for the skill formation and development’

Exchange of information on job opportunities,

Monitoring of working conditions,

Creation of industrial harmony,

Insurance against disease and unemployment for the workers and their families.

The situation of surplus labour, coupled with the employment of most of the workers in the

unorganised segments of the economy, given rise to unhealthy social practices like bonded labour,

child labour, and adverse working conditions faced by the migrant labour.

Statutory Welfare Provisions

In the Following Areas, Labour Welfare Provisions was made as Statutory by the following

enactments.

1. The Factories Act 1948

2. Plantations Labour Act,1951

3. Mines Act,1952,

4. Motor Transport Act Workers Act,1961,

5. Contract (Regulation and Abolition) Act1970.

Labour Welfare Facilities provided in the following welfare Areas:

Washing Facilities:

Section 47 of the Factories Act lays down that every factory has to provide adequate and suitable

washing facilities separately for the use of male and female workers. In this regard the state

government may prescribe standards of adequate and suitable facilities for washing.

Section 18(c ) of the Contract Labour (Regulation and Abolitions) Rules,1971, the contractor has to

provide and to be provided for the used of male and female workers at convenient points. They area

also to be kept clean and in hygienic conditions.

Facilities for Storing and drying Clothing:

It is only the Factories Act which has incorporated such a provision. Under Section 43 of the Act, a

state Government may make rules for the drying of wet clothing. As per the Maharashtra Factories

Rules, 1963, such facilities shall include the provisions of separate rooms, pegs, lockers, or others

arrangements approved by the Chief Inspector in all classes of factories such as engineering

workshops, iron and Steel works, oil mills, chemical factories, motor garages, tanneries, and the like.

First- Aid- Appliances:

Section 21 of the Mines Act provides for first aid boxes and medical appliances on the same lines as

that of the Factories Act, in addition, it provides for conveyance to hospital or dispensaries of

persons who, while employed in the mines, suffer bodily injury or become ill. The Mines Rules, 1955

(Rules 40 to 45) have imposed an obligation on the owner of the mine to provide first and rooms,

first aid stations, and first aid personnel.

Section 12 of the Motor Transport Workers Act has laid down a statutory obligation on the employer

to provide first aid boxes equipped with the prescribed contents in every transport vehicle, under

the charge of the driver or the conductor.

Under Section 19 of the Contract Labour (Regulation and Abolition) Act, the contractor is required to

provide and maintain a first aid box equipped with the prescribed contents at every place where

contract labour is employed so as to be readily accessible during all working hours.

Shelters, Rest Rooms and Lunch Rooms:

Every factory employing more than 150 workers must provide adequate and suitable shelters or rest

rooms and a lunch rooms, with provisions for drinking water, where workers can eat meals brought

by them. In accordance with the provisions of the Section 46, it will be regarded as part of this

requirement.

According to Section 9 of the Motor Transport Workers Act, the employer is required to prove rest

rooms or any other suitable alternative accommodation at places where motor transport worker

employed in a motor transport undertaking are required to halt at night.

Section 17 of the Contract Labour (Regular and Abolition) Act Also made it obligatory in the part of

the contractor to provide for rest rooms or such other alternative accommodation where contract

labour is required to half at night, in connection with the work of an establishment.

The Mines Rules have laid down that in every mine where more than 50 persons are ordinarily

employed, adequate and suitable shelters at or near loading wharves, open cast workings,

workshops, and the like are to be provided for taking food and rest. Any canteen maintained under

these rules may be regarded as part of the requirement of this rule.

Canteen:

The ILO recommendation No.102 adopted in 1956 in its 39th session gave further impetus to the

establishment and improvement in the existing canteens in factory establishments in the various

countries of the world.

According to Section 46 of the Factories Act, a state government may make rules for provision of

canteen by the occupier in any specified factory wherein more than 250 workers are ordinarily

employed.

Rules 79 to 85 of the Maharashtra factories Rules,1963 deals with canteens.

The Canteen is managed by a Co-operative Societies’ Act,1960, the occupier has to provide the initial

equipment for the same. The price list of foodstuff, beverages, and any other item served in the

canteen must be conspicuously displayed.

Under Section 394 of the Bombay Municipal Corporation Act, 1888, a municipal licence for the

eating house is necessary.

Under Section 394 of the Bombay Municipal Corporation (Amendment) Act, 1962, a form of

application for licence is prescribed for various commodities and trades in schedule M of the Act.

Provisions of canteen in all plantations employing 150 or more workers is a statutory obligation

under Section 11 of the Plantations Labour Act.

In accordance with the Mines rules, 1955, in every mine wherein more than 250 persons are

ordinarily employed and where the Chief Inspector or the Inspector so requires, a canteen must be

provided within the precincts of the mine, for the use of all persons employed. The rules also

prescribe certain requirements relating to standards canteens, furniture, utensils and other

equipments, and cleanliness.

Under Section 8 of the Motor Transport Workers Act, the state government may make rules for

provisions of one or more canteens by the employer in every place wherein 100 or more motor

transport workers are employed in a motor transport undertaking.

Crèche:

Sections 48 of the Factories Act Provides for the setting up of crèches in every factory wherein more

than 30 women workers are ordinarily employed for the use of children under the age of 6 years of

such women.

Rules 87 of the Maharashtra Factories Rules, 1963 provides that the crèche is to be conveniently

accessible to the mothers of the children.

Section 12 of the Plantations Labour Act provides for a crèche in every Plantation wherein 50 or

more women workers are employed or were employed on any day of the preceding twelve months.

The Mines Creche Rules, 1959 provide for the maintenance of creches in mines where women

workers are employed and also for the amenities to be provided in creches. Owner, agent or

manager of every mine wherein 50 women are employed or were employed on any day of the

preceding 12 months, every mine wherein 50 women at employed or were employhed on any day of

the preceding 12 months, are required to construct a crèche as specified and planned by the

competent authority , under the Rules.

Cueche facilities are extended to the contract workers by the Contract Labour (regulation and

Abolition) Central Rules, 1971.

Welfare Officer:

The Factories Act of 1948 provides for the statutory appointment of a welfare officer in a factory.

Section 49(1) and (2) of the Factories Act, lays down that : (1) In every factory wherein five hundred

or more workers are ordinarily employed the occupier shall employ in the factory such number of

welfare officers as may be prescribed . (2) The State Government may be prescribe the duties,

qualifications and conditions of service of officers employed under sub section (i).

The Plantations Act, 1951, section 18(1) and (2), says, Every plantations wherein 300 or more

workers are ordinarily employed the employer shall employ such number or welfare officers as may

be prescribed: (2) the State Government may be prescribe the duties, qualifications and conditions

of service of officers employed under sub-section(i).

In the Mines Act,1952, this provision has been made under Section 58(q). Rule 72 of the Mines

Rules, 1955 provides that every mine wherein 500 or more persons are ordinarily employed, the

owner, agent or manager has to appoint a suitably qualified person as Welfare Officer.

Industrial Safety:

The Word Industrial Safety is measures comes out from the Industrial Accident reported in the

Industry. There is no need to explain what an “accident” is but an attempt can be made to define it.

It is an unexpected, unplanned occurrence which may involve injury or interrupts the completion of

an ctivity.

Heinrich, defines accident as “ an Unplanned and uncontrolled event in which the action or reaction

of an object, substance, person, or radiation results in personal injury or the probability thereof.”

There is a possibility of accident in every sphere of human life, at home, whilst travelling, at play and

at work,. Since beginning of the present century, accidents have been a favourite subject and

comment in scientific and technical journals, as well as in seminars and the popular press.

As the causes of accidents are related to technical and human factors, it has attracted the attention

of the psychologists, sociologists and engineers. Psychologists are concerned with the theoretical

considerations of accident causation and the research into accident control through selection and

training and the social and psychological factors that influence the individuals’ behaviour in general.

Engineers and safety officers usually render necessary practical advise on certain aspects of safety in

industry. They look upon accident prevention basically as an engineering problem to be solved

through proper design of mechanical safety devices.

Theoretical Perspectives of Accidents:

There are mainly three theories relating to accidents and risk taking behaviour, namely,

psychological, structural, and psycho-sociological.

Psychological Theory of Accidents:

The Psychological Theories are concerned primarily with individual and group factors affecting

behaviour. Of those relating to accidents one of the most well-known theories is that of accident

proneness as a stable personality trait. Despite the absence of clear cut results form attempts to

demonstrate unequal personality liability to accidents, the concept of accident proneness remains

popular and non-proven. Regarding perceptions of risk and risk-taking behaviour, several studies

have shown that there are wide individual differences in risk taking, which seems to be affected

more by personal, subjective variables than by expected outcomes. Social pressure may also

influence the judgement of and acceptance of risk, especially when risk-taking is culturally valued, so

that people seek to view themselves as bolder than their peers. In work groups, this social influence

helps to establish a “folk lore” of which tasks are hazardous and which are sage, often not matching

at all closely with more objective appraisals.

Structural Theory of Accidents:

The Structural theories of accident causation emphasise the socio-economic, political and

technological aspects of work organisation, rather that individual attitudes and behaviour. From this

perspective, the key to safer working lies working lies in the better design of jobs and restructuring

the work to prevent accidents occurring, instead of constantly seeking ways to persuade people to

adopts safer practices in badly designed and dangerous work environments.

Psycho- sociological Theory:

The Psycho-sociological theories attempt to link both the above theoretical approaches and stress

the inter-relationships between attitudes, action and structure. In this basis it is argued that the

relative contributions of various forms of influence to the individual performance can be determined

only if each set of variables (corresponding to attitudes, action and structure) is defined and

measured independently of the others.

Trends of Accidents:

The following are the trends with the results of the growing of Industrialisation in India. The

problems of occupational health and safety have also surfaced. Lakhs of accidents take place in

factories, mines, railways, ports and docks, leading to a large number of fatal injuries, acute ailments

or permanent ailments or permanent handicaps.

Under the Factories Act of 1948, the factories are obliged to report to the prescribed authorities all

accidents which cause death or any bodily injury to a person preventing him from working for a

period of 48 hours or more immediately following the accident. The injuries are classified as fatal

injuries, serious injuries and minor injuries.

Cost of Accidents:

Accidents are enormously costly, causing loss directly or indirectly and the losses are both visible and

invisible. The invisible losses are immeasurable and cannot be valued in terms of money. An unsafe

or unhealthy work place can lead to dissatisfaction among workers, resulting in poor job

performance and reduced productivity. Organisational productivity and profitability are also greatly

affected by absenteeism, one of the major consequences and cost of work related injuries and

illness. In some cases, accidents result in physical damage to material, equipment and property.

Disabling injuries and illness also deprive an employer of the full working life of an employee. Apart

from this, fatal injuries and permanent disablement cause agony and hardship to the family

members. Due to the death of permanent disabilities of the bread-winner, the family sometimes is

reduced to a state of penury. The industry and consequences of the nations is also taxed in the form

of maintenance of the injured and their families through social security schemes or through public

or private charities. The amount padi towards compensations and benefits under the Workmen’s

Compensation Act,1923 and Employee’s State Insurance Act ,1948 is increasing every year.

Causes of Accidents:

Industrialisation, expansion or modification of existing factories, and setting up of new industries

have given rise to industrial hazards and accidents. The causes of accidents can broadly be divided

into three groups:

1. Technical Causes

2. Personnel Causes

3. Psychological causes

4. Non-observance of Safety Rules

5. Miscellaneous causes

The following are the causes of industrial accidents noted by the National Commission on Labour

are:

1. Human failure due to carelessness, ignorance, inadequate skill, improper supervision, and so

on;

2. Rapid Industrialisation;

3. Expansion or modification of existing factories;

4. Setting up of new industries involving hazards not known earlier;

5. Lack of safety consciousness on the art of both workers and on the part of both workers and

managements;

6. Lack of safety consciousness on the part of both workers and managements;

7. Inadequate realisation of the financial implications of accidents.

Industrial Accidents are the end products of unsafe acts and unsafe conditions of work. However,

accidents are preventable - they do not just happen. They usually occur as a result of the

combination of a number of factors of which the three main ones are technical equipment, the

working environment, and the worker. Ultimately, all industrial accidents are either – directly or

indirectly attributable to human failings.

Most of the accidents can be traced to one or more of the following factors: (1) faulty lifting

techniques; (2) load too heavy or too awkward; (3) failure to wear personal protective equipment,

especially for hands and feet.

Prevention of Accidents:

The Objects of Accident Prevention are:

1. To improve the image of the organisation.

2. To ensure compliance with the legal requirements covering the work or process carried on

the premises.

3. To aid in maintain or increasing production/productivity.

4. To reduce loss of time and inconvenience.

5. To increase the confidence of employees in their management and reduce or remove

anxiety in them form the fear of injury.

6. To practice a degree of humanitarian which is in the best interests of industry and the needs

of society.

The basic theory of accident prevention may be briefly stated as

1. Injury occurs only as the results of an accident;

2. An accident occurs only as a result of unsafe act or unsafe condition or both;

3. Unsafe actions or unsafe mechanical or physical conditions exists only because of faults on

the part of persons; and

4. Faults of persons are inherited or acquired from the environment.

The reasons or causes for the faults are:

a) Anatomical or physiological characteristics;

b) Improper psychological characteristics;

c) Lack of knowledge or skill; and

d) Improper mechanical and physical environment.

According to Heinrich, the three underlying principles of accident prevention are: (1) the creation

and maintenance of interest (2) fact finding, and (3) action based on the facts.

The five steps of Industrial accident prevention proposed by him are: (1) organisation, (2) fact

finding, (3) analysis, (4) selection of remedy and (5) application of remedy.

Unsafe actions are generally classified under the following heads:

a) Operating without authority;

b) Operating or working at unsafe speed;

c) Making safety devices inoperative;

d) Using unsafe equipment using hands instead of equipment or using equipment unsafely;

e) Unsafe loading, placing, mixing, and combining;

f) Taking unsafe position or posture;

g) Working on moving or dangerous equipment; and

h) Failure to use sage attire or personal protective devices.

The unsafe acts may be the result of lack of knowledge or skill on the part of the worker, certain

bodily defects and wrong attitudes. It has been established that more accidents that more accidents

are caused due to improper attitudes than due to ignorance or bodily defects.

Some of the wrong attitudes are:

1. Negligence towards use of safety appliances;

2. Absent mindedness;

3. Over-confidence or temptation to show off;

4. Violent temper;

5. Nervousness;

6. Lack of interest in the job;

7. Disregard for safety of others; and

8. Fatalistic view of life.

The unsafe mechanical/physical conditions are generally classified under the following heads (a)

inadequately guarded (b) hazardous arrangements and process; (c) unsafe illumination; (d) unsafe

ventilation; unsafe dress or apparel; (f) unsafe methods and planning.

The unsafe conditions can be corrected by:

1. Providing proper guards to the dangerous parts of the machines;

2. Removing defects from machines by regular and constant check-ups and inspections;

3. Maintaining proper plant layout and house-keeping;

4. Making provision for adequate lighting, and

5. Preventing workers from working with loose clothes.

A tripartite Technical Conference organised by the ILO in 1948 formulated a “model Code” of safety

regulations for Industrial Establishments for the guidance of governments and industry. Rule of this

Code deals with guarding of machinery. As per the Code, the guards should be properly designed

constructed and used so that they will:

a) Provide positive protections;

b) Prevent all access to the danger zone;

c) Cause the operator no discomfort or inconvenience;

d) Not interfere unnecessary with production;

e) Operate automatically or with minimum effort;

f) Constitute preferably a built in feature;

g) Be suitable for the job and the machine;

h) Provide for machine oiling, inspection, adjustment and repair;

i) Withstand long use with minimum maintenance;

j) Resist normal wear and shock;

k) Be durable and fire and erosion;

l) Not constitute a hazard by operational contingencies;

m) Protect against unforeseen operational contingencies.

The Whole accidents prevention policy is based on the fundamental acceptance of the premise that

accidents are caused, they do happen. The preventive measures can be grouped as follows:

a) Plant Safety Inspection

b) Job safety Analysis

c) The Management Systems

d) Accident Investigation

e) Controlling Environmental Causes

f) Controlling Behaviouristic Causes

g) Supplementary Activities.

Industrial Hygiene:

Concept of Hygiene: The work hygiene is derived from “Hygeia” the goddess of health in Greek

mythology. In Greek Methodology, as the serpent testifies the art of healing which symbol is

retained even today.

Meaning of Hygiene:

Hygiene is defined as “the science of health and embraces all factors which contribute to health

living”.

Aim of Hygiene:

It aims not only at preserving health but also at improving it. The purpose of hygiene is to allow man

to live in healthy relationship with his environment. Air, weather, soil, waste, bodily cleanliness,

disinfection, disinsection and nutrition are the widely differing concerns of the hygienist.

Personal Hygiene:

Personal Hygiene is referring to “Hygiene of the individuals”. Health and wellbeing at work depend

on an interaction between the physical environment and the personal habits of the employee. The

most scrupulous personal hygiene will be of little avail against an environment contaminated with

dangerous dust or fumes. It is difficult to practice personal hygiene unless adequate health care and

sanitary facilities are provided.

Hygiene Education:

Where housing is provided for workers, as on plantations, there is a further responsibility and

opportunity to provide conditions conductive to personal hygiene. Good habits acquired in the

workplace may be jeopardised by lack of facilities in the home, similarly workers coming from bad or

primitive home surroundings may be find it difficult at first to acquire good habits.

Simple instruction in the particular risks of any occupation and the appropriate preventive measures

are needed for new works of any age. Inculcation of cleanliness, including care of the hair and teeth,

cleaning of skin and under nails, and discouragement of offensive habits, such as spitting, are

particularly important for young workers.

Beyond all preventive work, much can be done by positive health instruction to encourage a healthy

use of leisure and rest. In line with age and physical condition, physical condition, physical exercise is

valuable in the prevention of cardio-vascular and metabolic disease and in the stimulation of mental

health. The doctors and nurses find health education an important part of their preventive work. In

this regard, general propaganda by means of posters, notices on works and office boards, articles

and magazines and lectures can help to make the factory health-minded. A number of firms issue

handbooks or notes on hygiene to new employees, a good example of which opens with the

sentence “health is won by a way of life rather than by a bottle of medicine” and contains hits on

food, exercise, personal hygiene, and the seeking of medical advice, with a list of the health services

provided by the firm. Any company setting up a new occupational health programme can profitably

utilize a qualified hygienist to make a thorough survey of hazards requiring control or elimination.

An International level, the Occupational Health Services Recommendations(No.112,1959) of ILO has

guided many governments in the creation of legislation and has thus, contributed to the extension of

occupational health in all branches of economic activity, in developing as well as industrialised

countries. In 1981, the ILO adopted a convention and recommendation on occupational safety and

health and the working environment which defines a national policy and action to be developed at

the level of the undertaking.

The Factories Act of 1948:

Objective of Factories Act 1948:

The Act was passed to make more beneficial provisions to the workers. It is a welfare legislation for

the protection of the workers. The main objectives of the Act are as follows:

1. It protects the interests of workmen;

2. It ensures better conditions of work to the workmen;

3. It prevents the employers form taking advantage of weaker bargaining powers of the

workmen;

4. It regulates the conditions of employment of young persons and females;

5. It provides for safe and health working conditions inside the factories;

6. It requires the employer to take certain minimum steps for the welfare of the workers;

7. It ensures uniformity in the number of working hours and leave with wages;

8. It provides for licensing, registration and inspection of factories.

The Factories Act defines the following Areas of the Acts:

Definition of Factory:

S,2(m) of the Act defines the ‘factory’. The definition prescribes tow rules to determine whether an

establishment is a factory or not. Following are the rules. 1) When Power is Used, 2) When Power is

not Used:

Definition of worker:

S.2(1) of the Act defines the term ‘worker’. According to this section the term ‘worker’ means means

any person employed directly or through any agency (including a contractor ), with or without the

knowledge of the principal employer, whether for remuneration or not in:

The term ‘worker’ includes both young and adult workers; time and piece workers, paid and

honorary workers such as trainees, apprentices etc. A person is treated as worker only if the work

performed by him have some connection with the article which is produced in the manufacturing

process. Distribution or transport of an article after its manufacture is not a manufacturing process

and employment in such work will not bring the employee within the definition of the term worker.

Similarly, persons employed in the definition of the tem worker. Similarly, persons employed in the

managing agent’s office unconnected with the manufacturing process is not a workman. So also a

mere selling agent though occupying a room in the factory is not a worker within the meaning of the

Act. But persons engaged in selling manufactured articles in the factory premises are workers.

S.11 to 20 of the Act deals with the rules relating to health of the workers in factories. These rules

are intended to ensure good working conditions in the factory keeping in view of the Article.42 of

the Directive principles of the State policy of the Indian Constitution, which requires that the state

should make provision for securing just and human conditions of work. The Act requires the

employer to provide the following facilities in every factory.

Rules relating to safety of the workers:

Ss.21 to 40 of the Act provides a number of provisions to secure a very high standard of safety to

workers in a factory. It is an absolute and continuous duty of the workers in a factory. It is an

absolute and continuous duty of the occupier of a factory to comply with the safety provisions laid

down in the Act.

Provisions relating to the welfare of workers:

S.42 to 50 of the Act deals with the provisions for the welfare of the workers. The welfare measures

are intended to provide a homely atmosphere in the place of work. The occupier of a factory is

bound to prove all the welfare measures prescribed in the Act. Following are the welfare measures.

Rules regarding hours of work of an adult worker:

In modern times it is realised that shorter hours of work result in increased efficiency. In conformity

with this concept the factories act fixes only a shorter period of working hours and more time for

rest.

Working hours for children in a factory:

The Factories Act totally prohibits the employment of children below 14 years. But a child between

the age of 14 and 15 years may be employed in a factory if a certifying surgeon gives a fitness

certificate for an employment and the child carries a token to this effect during his employment.

The working hours of such children are regulated by S.71 of the Act.

Annual leave with wages:

S.77 to 84 of the Act deals with the workers right to have annual leave with wages. The provisions

are mandatory and the employer has no discretion to withhold the benefits conferred to the

workers under this sections. S.78 provides that when a worker gets longer period of leave with

wages, then what the Act prescribes, by any other law, or award, or settlement, or by contract of

service then the worker is entitled to such benefits and the Act shall not prejudice any such right.

Extra wages for overtime work:

S.59 deals with extra wages for overtime. According to this section where a worker works in a

factory for more than 9 hours in any day or more than 49 hours in a week, he shall, in respect of that

overtime work, entitled to wages at the rate of twice his ordinary rate of wages.

Young Person, child and adolescent:

S.2(d): Young person means who is either a child or adolescent ie. Both child and adolescent are

treated as young person. A child means a person who has not completed 15 years of age. An

adolescent means a person who has completed 15 years of age but has not completed 18 years.

Rules regarding the employment of young persons in factories:

Ss.67 to 77 of the Act deals with the employment of young persons in a factory. A young person

means who is either a child, or an adolescent[S.2(d)]. A child means a person who has not completed

15 years of age[S.2C]. An adolescent means a person who has completed 15 years of age but has

not completed 18 years[S.2(b)]. For the better understanding of the rules applicable to the

employment of young persons, rules relating to children and rules relating to adolescent are

separately dealt here.

Rules relating to Employment of children:

S.67: A Child, who has not completed his 14 years, shall not be required or allowed to work in any

factory.

Rules relating to employment of adolescent:

The following are the rules fixed by the Act:

Certificate of fitness, Rules of adult to be Applied, Adolescent below 17 years, Work on Dangerous

Machines etc.

Certifying Surgeons:

S.10 of the Act deals with the appointment of certifying surgeons and their duties. This section

empowers the stage govt. to appoint qualified medical practitioners as certifying in surgeons for

specified local limits or particular factories. Only a qualified medical practitioner alone can be

appointed as certifying surgeon.

Restrictions on the employment of women:

The Factories Act provides certain special provisions applicable to women workers. These special

provisions are otherwise called as restrictions on the employment of women workers in a factory.

Powers and functions of the inspectors:

S.8 empowers the state government to appoint Inspectors, Chief Inspectors, Joint Chief Inspectors

and Deputy Chief Inspectors by notification in the official gazette and giving jurisdiction of such local

limits as it thinks fit.

S.9 deals with their powers.