1. INTRODUCTION
With a view to mitigate hardship to the public and to ensure continuity of operations, the Ministry of Home Affairs (the "MHA"), Government of India, has issued the consolidated revised guidelines dated April 15, 20201 (revised from time to time), wherein it has allowed certain permitted industries to continue work, provided they implement the standard operating procedures (the "SOPs") and comply with the National Directives for COVID-19 Management, at workplace.
As the Government of India or state governments may look at easing restrictions to allow businesses to reopen, employers need to be mindful of legal and practical considerations with respect to ensuring health and safety aspects at their workplace(s).
2. LEGAL FRAMEWORK FOR ENSURING HEALTH, SAFETY AND WELFARE OF EMPLOYEES IN INDIA
Currently, the Indian labour and employment statutes, regulating the safety and health of persons at workplace, exist in a fragmented manner and have very specific objectives, relating to safety and health aspects of employees to a limited extent.
The Factories Act, 1948 provides for the health, safety and welfare of the workers in the manufacturing sector. It also imposes an obligation on the employer to maintain a safe and healthy workplace for employees when dealing with hazardous processes or substances in a factory. The respective state specific legislations regulating the shops and commercial establishments provide for the conditions of work and terms of employment of employees engaged in shops, commercial establishments, theatres, restaurants, among others.
Apart from the aforesaid statutes, the Mines Act, 1952 aims at consolidating laws relating to the regulation of labour and safety in mines, the Building and other Construction Workers (Regulation and the Employment and Conditions of Service) Act, 1996 provides for regulating the employment and conditions of service of building and other construction workers and also provides for their safety, health and welfare measures, and the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 contains provisions for the health and safety of workers engaged in particular occupations.
The proposed Occupational Safety, Health and Working Conditions Code, 20192 (the "Code"), provide duties of an employer which, among other things, include providing a workplace that is free from hazards that may cause injury or diseases, providing free annual health examinations to employees in notified establishments, informing relevant authorities in case an accident at the workplace leads to death or serious bodily injury of an employee. Additional duties are prescribed for employers in factories, mines, docks, plantations, and building and construction work, including provision of a risk-free work environment, and instructing employees on safety protocols. It is possible that the current situation may force the government to bring some additional changes to the Code, same or similar to as provided in the SOPs.
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Footnotes
2 The draft of Occupational Safety, Health and Working Conditions Code, 2019 was introduced in the Lok Sabha on July 23, 2019 and is yet to be made a law. It subsumes and replaces thirteen (13) existing labour laws relating to safety, health and working conditions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
