Skip to main content

Introduction

INTRODUCTION

In the present era of globalization and opening up of the Indian economy there is a flow of new technology, products and resources to India. This influx with the modern technology is also bringing with it-associated problems. The problems are more complex when the issue of management of safety, health and environment is concerned. This necessitates designing of newer policies and programs. For the management of occupational safety and health through various instruments such as policies and programs it becomes essential to base these instruments on sound footing. This requires an assessment of the present status of occupational safety and health in the country. Presently information in this area is not up-to-date and readily available for the policy makers. A national inventory on capabilities and management of occupational safety and health will be of great help for designing and implementing various instruments to protect the safety and health of the large work force working in various sectors of the economy. India is a large country and building up such an inventory would be a monumental task and therefore needs to be done in a phased manner keeping in mind the various constraints. As such a pilot project has been taken up for the state of Uttar Pradesh with the objective to collect and compile various information on occupational safety and health and dissemination of information regarding extent of compliance with the important provisions under The Factories Act, 1948 ( Amended 1987 ) 1948 and the rules framed there under including system of recording and notification of occupational accidents and diseases as per the ILO Code of Practice at the unit and the state level.

India is a member of International Labour Organization and has ratified a number of ILO conventions. As a result, major part of the ILO code of practice on Recording and Notification of Occupational accidents and diseases is being followed along with the Indian Standard IS3786, which is on the similar lines of the ILO Code of Practice. However, there is a delay at the unit level as well as at the district level on the part of the industrial organizations and enforcing agencies in collection, processing and dissemination of the information. This project, in technical collaboration with ILO, aims studying the existing system of recording and notification of occupational accidents and diseases at unit, district and state level, identifying the areas for improving and establishing the system, which is in line with the systems existing in other countries.

The project was taken up in the state of Uttar Pradesh with aim of concentrating the following categories in special reference to industrial scenario in the State.

1. Background information about the state of Uttar Pradesh

Deals with the demographic and geographiccharacteristicof the state of Uttar Pradesh, population in different districts and major occupations of the people.

2. Economic activities

Deals with the various aspects of economic sectors in the state, their value ofproduction, employment generated and contribution to the GDP.

3. Activities in manufacturing sector

Deals with the different activities carried out in the manufacturing sector as per the National Industrial Code, value of production, employment generation, etc.

4. Occupational injuries and diseases

Deals with the analysis of the occupational injuries - fatal and non-fatal and cases of occupational diseases in the manufacturing sector, specially in organised sector, which are covered under The Factories Act, 1948 ( Amended 1987 ).

5.Management of occupational safety and health

Deals with the infrastructure and resources available at the unitlevel and the state level for managing the crucial issues of occupational safety and health as defined under The Factories Act, 1948 (Amended 1987 ).

6. Resources available and needed for the management of Occupational Safety and health

Based on the analysis of occupational injuries and diseases and the capabilities available in the state of Uttar Pradesh for the management of occupational safety and health, an attempt is made to assess the resources required forthe better management of occupational safety and health.

For the data collection, the task force have visited several time to the office of Economic and Statistical division office situated in Kanpur and to the office of the Director of Factories Uttar Pradesh.. The information pertaining to various economic sectors was collected by visiting each of the departments, having detailed discussions with the respective heads and referring to the annual returns of these departments. The information related with the manufacturing sectors were collected from the annual returns submitted by the factories covered under The Factories Act, 1948 ( Amended 1987 ). The data related to the occupational injuries and studying the accident reports and records on to the data sheets specifically designed for this purpose were analyzed. The industry-wise, cause-wise details of accidents were also analysed by the study team.

For the assessment of infrastructure available and capabilities of the organizations, institutions and agencies engaged in safety and health, the profile program on the similar lines as that developed by ILO was used

Data collection and analysis could be efficiently completed in specific time frame because of active co-operation from various people involved with the project.

Background information

BACKGROUND INFORMATION

UP is the constituent state of India, lying for the most part in the upper valley of the Ganges River in the northern part of the country. It is bounded on the north by Nepal and Tibet and, in India, by Uttaranchal state on the northwest, Haryana state and the union territory of Delhi on the west, Rajasthan state on the southwest, Madhya Pradesh state on the south, and Bihar state on the east. The capital is Lucknow. The area was in the forefront of the Indian independence movement, and it became a state on Jan. 26, 1950, when India became a republic.

A land of many rivers, Uttar Pradesh is drained by the Ganges (and its tributaries the Yamuna, Ramganga, Gomti, and Ghaghara), as well as by the Chambal, the Betwa, and the Ken (all tributaries of the Yamuna) and the Son. From 85 to 90 percent of the annual rainfall comes during the rainy season from the Bay of Bengal summer monsoon. Rainfall varies from 40 to 80 inches (1,000 to 2,000 mm) in the east to 24 to 40 inches (600 to 1,000 mm) in the west. In the Himalaya region, rainfall ranges between 40 and 80 inches, in some places exceeding that upper figure.

Uttar Pradesh is the most populous state in India, containing more than 16 percent of India's total population. Two ethnographic groups inhabit the state--Mongoloid peoples in the far north near the Tibetan border and Aryan-Dravidian people in the plains and the hill and plateau region of the central and southern part of the state. Hindus constitute more than 80 percent of the total population; Muslims, more than 15 percent; and other religious communities, including Sikhs, Christians, Jains, and Buddhists together, less than 1 percent. Hindi is the mother tongue of most, with about 15 percent speaking Urdu. A large majority of the state's population lives in villages of fewer than 500 inhabitants.

The western plain is the most urbanized region. Agriculture is by far the most important sector of the state's economy, employing about three-fourths of the work force and accounting for nearly 60 percent of the state's total income. Much land is under irrigation, and food crops--rice, wheat, corn (maize), and edible oil seeds--are dominant. Sugarcane is the most important commercial crop, and potatoes, cotton, tobacco, and jute are also grown. The per-acre yield of rice and wheat has increased substantially as a result of the high-yielding variety of seeds and improved agricultural inputs (e.g., fertilizers and sufficient water).Uttar Pradesh is rich neither in forest resources nor in minerals. It has some deposits of gypsum, magnetite, phosphorite, and bauxite; it is the largest silica producing and the second largest limestone-producing state in the country.

Uttar Pradesh does, however, have vast hydroelectric potential in the northern and southern hilly regions. Thermal generation supplies the majority of the electric-power plant capacity. A nuclear-power plant at Naraura (Naroda) also contributes a small amount of the state's power supply. Comparatively, Uttar Pradesh is one of India's industrially backward states. Only a tiny fraction of the population is engaged in industry, most in such cottage industries as handloom weaving. Large-scale operations include paper, sugar, and textile mills, leatherworks, and engineering-equipment factories. The union government, though, has established a number of large industrial facilities in the state, which manufacture heavy electrical equipment, diesel locomotives, structural steel, aircraft, telephone equipment, electronic apparatus, antibiotics, and fertilizers. An oil refinery at Mathura and the development of coalfields in Mirzapur are also among the major projects of the central government in the state. Lack of adequate road transport hinders the exploitation of the rich Himalayan forests.

Most of the state's roads are in poor condition, and the railway system suffers from the presence of two different gauges of track. Air service is provided between several large Uttar Pradesh towns and Delhi, and the state's transportation system also includes the three major inland waterways of the Ganges, the Yamuna, and the Ghaghara.Uttar Pradesh has contributed much to the composite culture of India. From time immemorial, various arts have flourished in towns and cities as well as in the countryside.

Handicrafts were developed at various centers, notably in Bhadohi and Mirzapur, famous for carpet weaving; in Lucknow, famous for its chicken (a type of embroidery); in Moradabad, noted for its metal enameling; in Varanasi, known for its brocades and brass ware; and in Nagina, known for itsebony work. The kathak dance >

The state of Uttar Pradesh is one of the biggest state of the country which represent 240928 sq.km.of the total area of the country. It represents 7.3 percent of the total area of India. 16.2 percent of the total population of the country is in Uttar Pradesh. The complete state is broadly divided in four major economic region. These regions are Eastern UP, Budelkhand , Western UP and Central UP. Details of the economic region is given in table>

Table – 2.1

ECONOMICS REGIONS OF UP

Economic RegionDensity of populationPercentage of main workers to total populationPercentage of agricultural workers in main workers in 1991Per capital gross value of agriculture production (Rs.) 97-98Per Capital Gross Value of Industrial Production (Rs.) 92-93No. of Industrial Workers per lac of population in registered factoriesPer Capital Electricity consume (Kwh) 1999-2000
12345678
Eastern77929.577.32152105521976.98
Bundelkhand27932.678.5310492221668.37
Western76228.366.4359219662288.81
Central65830.672.92695169657071.71
Uttar Pradesh68929.772.2282519544379.08

Source :- Statistical Diary,2001

It is seen from the above table> On the contrary it is seen that Bundelkhand region of the state is industrially backward probably due to geographical reasons.

2.1. PHYSICAL AND GEOGRAPHICAL STRUCTURE

The adjoining states are Madhya Pradesh, Haryana , Delhi, Uttaranchal, Bihar, Jharkhand and Chattisgarh. The State is also having the International Border by Nepal. Most of the area of the state is plane and the main crops are Wheat, Rice, Cereal, Pulses, Oil Seeds, Sugarcane and Potato. The area under state forest is 17 Lakhs hectares producing timber, fuelwood, bamboo, resin and tendu leaves. The main rivers of the state are Yamuna, Ganges, Ramganga and Gomti.

2.1.1 Land area

The Land area of Uttar Pradesh State is 2,41,286 sq. km which is about 7.3 percent of the total area of Indian Union. The Land use pattern in the state and its comparison with India & percent share is shown in Table – 2.2.

TABLE – 2.2

FOREST LAND AREA AND AGRICULTURE AREA

Land Use
(In lakh hectare)
Uttar PradeshIndiaPercentage Share of UP In India
Forests (1997-98)536897.7
Net area sown175142012.3
Area sown more than once9048718.5
Net Irrigated Area12054622.0

Source Statistical diary 2001 ,State planning institute.

The irrigation of land in the state done by canals and tube wells. Canals of Ganges are spread over the western region of the state and providing source of irrigation to the sown area. The percentage share of the irrigated area of UP is 22% of the country.

2.1.3 Administration

The State has a bicameral legislation having a legislative assembly of members 404 and 100 legislative Council. The state is also represented by 80 Members of Parliament in Lok Sabha and 31 Members of Parliament in Rajya Sabha at central. The State is divided into 70 administrative districts. These districts are further subdivided in 348 Tahsils, 702 Towns 904 Development blocks. which covers 97134 villages, 8135 Nayay panchayats and 52021 Gram panchayats.The Hon'ble High Court of the state is situated at Allahabad with a bench at State Capital Lucknow.

2.2 DEMOGRAPHIC CONTEXT

2.2.1 Population

As per the records of Census 2001, the total population of Uttar Pradesh is about 166 millions which is about 16.2 percent of the total population of the country. The density of population in the State is about 689 persons per sq. km. The male female ratio of the state is 898 female per thousand males. The percentage growth of population in the State is 25.8 %, in comparison to the 1981-1991 decade.

2.2.2 Language

The State official language of the State is Hindi, whereas the Urdu Language has also been honoured as second state language of U.P. About 90.2 percent population speaks Hindi and 9.15 percent know Urdu. A good number of people, specially literate can read and write English.

2.2.3 Birth rate

The State has combined birth rate of 32.2 against 26.1 for the whole country.

2.2.4 Death rate

The State has combined death rate of 10.5 against 8.7 for the whole country as per the bulletin issued by the office of the Chief registrar of India.

2.2.5 Infant Mortality Rate

The State has a combined infant mortality rate of 84 against 70 for the whole country.

2.2.6 Literacy rate

Uttar Pradesh has a literacy rate of 57.38 percent of India. The male literacy rate is 70.23 % and female literacy rate is 42.98%.

2.2.7 Working population

The state has got around 10,18,740 working in the factories registered under The Factories Act, 1948 ( Amended 1987 ) 1948 during the year 2001. Percentage share of main workers of the state in comparison the country is about 14.5%. The share of cultivators, Agriculture workers, workers engaged in manufacturing process and other are 19.9%, 10.5%, 11.2 %and 11.7% respectively.

2.2.8 Unemployment

The registered candidates under different employments of the state during the year 2000 were 371.7 thousands out of which 3.4 thousand could get the jobs through the employment exchanges. At the end of the year- 2000, the candidates still registered for seeking employment was 2037.8 thousands.

2.2.9 Per-capita income

The per capita income of the State is Rs.5770 at 1993-94 base and Rs. 9721 at current prices.

2.3 ECONOMIC SCENARIO

The sectoral distribution of the state income during 2000-01 was 94612 crore against 70936 crore during 1993-94. The State income during 2000-01 and at 1993-94 at constant price is shown in Table – 2.3.

TABLE – 2.3

Sectoral distribution of the state income

SectorAt Current Price, New Series (Percent)At 1993-94 Price
Agriculture and Animal Husbandry33.334.8
Manufacturing11.912.6
All Primary sub sectors (Forestry and Logging, Fishing, and Mining)34.836.8
All Secondary sub sectors (Construction, Electricity, Gas and water supply)20.420.6
Other sub sectors (Transportation, Communication, Trade, Finance and Banking, Public Administration etc. )44.842.9

Source: Economic and Statistic Division Diary 2001

2.3.1 Agriculture

The main crops of the state are Wheat, Sugarcane, Potato, Pulses, Cereals, Oil seeds and Rice. The net sown area is about 168-lakhs hectares out of which about 49.3 percent of the land is sown more than once. The main source of irrigation of the state is Tube wells, which contributes to 69.8 percent of the irrigation source. In addition to tube wells, canals is the second largest source irrigation in the state. The total length of the canals is 75,147 km.

The percentage share of all these crops of the state and its comparison with India is shown as under : 34.4, 38.6, 42.0, 19.4, 21.8, 6.2, and 14.4 percent respectively.

Production of main CropsYearUttar Pradesh (in lakh .Ton)India (in lakh .Ton)% Share of U.P in India
Wheat1999-200026075634.4
Rice1999-200012989514.4
Oil Seeds1999-2000132096.2
Suger Cane1999-20001154299038.6
Potato1999-200010525042.0
Total Cerels1999-2000426195521.8
Total Pulses1999-20002613419.5
Total Food Grain1999-2000452208921.6

2.3.1.1 Contribution to State income:

At constant prices in the year 2001 Agriculture and Animal husbandry, contributing 465 thousand crores to the state income. Percentage share of U.P. in India is 12.9 percent.

2.3.1.2 Population engaged in agriculture sector:

As per Census of India 1991, in the State of Uttar Pradesh 22 million cultivators and 7.8 million agriculture labors are working.

2.3.1.3 The area under cultivation:

In the year 1999-2000 actual agricultural land use pattern in Uttar Pradesh ( In lakhs Hectares )

  • Net area sown - 168
  • Area sown more than once - 83
  • Total cropped area - 251

2.3.1.4. Area under irrigation:

During the year 1999-2000 Net irrigated area was 125 lakh hectares. The major sources of irrigation are Tube Well and canal.

2.3.1.5. Fertilizer consumption and plant protection measures:

During the year 1999-00, consumption of fertilizers in agricultural sector in the State was as below (In thousand MT ). Percentage of the fertilizers used comes out to be 17.8 percent of the total consumption of the country as given in Table –2.4.

TABLE – 2.4

Fertilizer consumption

FertilizerUttar PradeshIndiaPercentage Share of UP in India
Nitrogen23861188620.1
Phosphorous776475316.3
Potash11417336.6
Total32761837217.8

In addition to the consumption of fertilizer various fungicides and insecticides are also used to protect the plants in the state.

2.3.2 Manufacturing Sector

The manufacturing sector is the second largest economic sector in the state. Itcomprises of manufacturing units both registered and unregistered but does not include mining, quarrying, generation of electricity and gas, water supply and construction as well as unorganised sector. The index of industrial production at base level as 1980-81, was 284.05 in1996-97 as compared to 255.49 in 1995-96. Manufacture of machinery and equipments other than transport equipment has the largest share in industrial production followed by paper and paper products. The State is also having the manufacture of leather & leather Products, Brassware & Lock making industries in Kanpur & Agra, Moradabad and Aligarh respectively, which is contributing a good share to the state income through Export.

2.3.2.1. Contribution to State income:

At constant prices (1980-81 base year) in the year 1997-98 the manufacturing sector contributed Rs.10.63 billions to the state income.

2.3.2.2. Employment:

As per Census of India 1991 there are 1.17 million workers engaged in manufacturing sector. They represent 14% of the total working population of the statep Uttar Pradesh

2.3.3.Mining sector

The mineral resources in the states are mainly Diaspore( Mettallic), Dolomite,Sulphur, limestone, silica sand and Poprofhalite ( Non-metallic).The state is producing about 15% of the Magnetite of the country also. The coal and Silica sand is merely 5.5% and 2.9% of the country share .

Manufacturing sector

MANUFACTURING SECTOR

MAJOR INDUSTRIES

A total 636 number of large and medium industrial units are established in the state of U P .

As per index of industrial production for 1996-97, the following industries contributed to most of the value of industrial production in the state as given in Table – 3.1

TABLE – 3.1

Index of industrial production
IndustryIndex for 2000-01
Food Manufacturing129.1
Beverage, Tobacco and Tobacco products127.9
Cotton Textile49.2
Chemicals (except Products of petroleum and Coal)253.5
Basic metal and alloys Industries223.0
Transport Equipments and Parts169.1
Others175.9
Manufacturing Index179.0

Source:Economic and Statistics Division Diary year-2001

The Khadi and Gramodyog industries sector has also produced khadi, blankets, wool and hand made paper worth Rs 245.33, 93.56, 13.19 and o.773 lakhs respectively.

3.2 MAJOR INDUSTRIAL CENTERS

The major industrial centers of the state are :

  • Gaziabad
  • Gotambudha nagar
  • Kanpur
  • Muzzaffarnager
  • Bulandsahare

Manufacturing activities covered under Factories Act 1948

4.1.2 Employment in registered factories:

The manufacturing is one of the very important economic sectors in the State of Uttar pradesh contributing 8.6 percent to the state income. It covers units registered under The Factories Act, 1948 (Amended 1987), as well as those not registered under this act. As per the provisions of the Act, a manufacturing unit is to be registered if manufacturing process is carried on with the aid of power and 10 or more persons are employed or manufacturing process is carried on without the aid of power and 20 or more persons are employed.

The State Government is also empowered to notify any unit carrying on manufacturing process as a factory irrespective of number of persons employed therein.

REGISTERED FACTORIES

As on 31.12.2001 there were 13645 registered factories, including 11932 units notified as factories by State Government.

4.1.1 Working Factories:

In the State of Uttar Pradesh once a factory is registered it is considered as working factory till its name is removed from the list of registered factories. Therefore, it is estimated that there are 13645 working factories in the State.

It is evident from the table No 8 that sector manufacturing food product is having largest number of factories the total number of such factories are 2659 which is about 19.49% of the total number of factories of the state. Manufacture of machinery and equipment other than transport equipment is the second largest sector (12.63%). 1118 factories are producing basic chemicals and Chemical products.

Under the provisions of the Central Act and under Special notifications issued by the State Government defense factories are exempted from submission of annual returns. Table – 4.1. is giving details of the factories as per the NIC code 1987 for the year 2001.

TABLE – 4.1

Distribution of Fctories as per NIC Code

Nic Code(1987)DescriptionNo. of Factories*Percentage
220-219Manufacturing of food products265919.49
220-229Manufacture of Beverages, Tobacco and Related Products2101.54
230-236Manufacture of Cotton Textiles  
240-248Manufacture of wool, silk and man-made fibre textiles  
250-259Manufacture of jute and other vegetable fibre textile (except cotton)5223.83
260-269Manufacture of textile products (including wearing apparel)6044.43
270-279Manufacture of wood and wood products; furniture and fixtures1601.91
280-289Mfg. of paper and paper products and printing, publishing & allied industries7665.62
290-299Manufacture of leather and products of leather, fur & substitutes of leather4533.3 2
300-309Mfg.of basic chemicals & chemical products(except products of petroleum and coal)11188.3
310-319Mfg. of Rubber, Plastic, Petroleum and Coal Products; Processing of Nuclear Fuels9086.66
320-329Manufacture of non-metallic mineral products9166.72
330-339Basic metal and alloys industries9977.31
340-349Manufacture of metal products and parts, excepts machinery and equipment8696.37
350-369Manufacture of machinery and equipment other than transport equipment172312.63
370-379Manufacture of transport equipment and parts3222.37
380-389Other Manufacturing Industries2121.65
390-399Repair of Capital goods--
400-439Electricity, Gas and Water850.55
500-519Construction30.02
740-749Storage & warehousing services6494.76
970-979Repair services3002.20
Miscellaneous 570.42
Total 13645100

TABLE – 4.1A

Details in respect of factories registered under The Factories Act, 1948 ( Amended 1987 ), 1948

YearNo. of registered factoriesNo. of factories sub. returnsMandays workedNo. of MenNo. of WomenNO. of workersNo. of factories not sub. returnsNo. of estimated workersTotal No. of workersNo. of factories closed
199213026512312658312142070078774285777541372985801562362
199313798166082216855261217609326731011843568464835774295
199414240179269198392224447437322882012029622423851243419
199514571118560980896193497473119822813132680277878505254
199615234149070314443219987601622600313477752080978083267
199713662*1341663294792062655396211661144598039881015649367
199813737*--------------1034054°160
199914351*--------------1072394°442
200014370*--------------1073154°361
200113645--------------1018740°674
2002          

Source: Report issued from Labour Commissioner’s office April-2002

Employment in registered factories:

As per NIC Code (1987), employment details in the manufacturing sector comprising of registered factories. given in table 4.2

Table – 4.2

Employment in registered factories
NIC CODE (1987)DescriptionAverage No. of persons employedPercentage (%)
220-219Manufacturing of food products23023522.70
220-229Manufacture of Beverages, Tobacco and Related Products173191.71
230-236Manufacture of Cotton Textiles  
240-248Manufacture of wool, silk and man-made fibre textiles  
250-259Manufacture of jute and other vegetable>879178.73
260-269Manufacture of textile products (including wearing apparel)364713.58
270-279Manufacture of wood and wood products; furniture and fixtures125301.2 3
280-289Mfg. of paper and paper products and printing, publishing & allied industries456404.48
290-299Manufacture of leather and products of leather, fur & substitutes of leather283212.88
300-309Mfg.of basic chemicals & chemical products(except products of petroleum and coal)700896.98
310-319Mfg. of Rubber, Plastic, Petroleum and Coal Products; Processing of Nuclear Fuels424814.17
320-329Manufacture of non-metallic mineral products579665.6 9
330-339Basic metal and alloys industries606155.9 5
340-349Manufacture of metal products and parts, excepts machiney and equipment320903.15
350-369Manufacture of machinery and equipment other than transport equipment12428612.30
370-379Manufacture of transport equipment and parts387123.80
380-389Other Manufacturing Industries427874.23
390-399Repair of Capital goods  
400-439Electricity, Gas and Water280152.75
500-519Construction2340.23
740-749Storage & warehousing services124291.22
97Repair services455384.47
 Miscellaneous29540.29
Total 1018740100

Manufacture of food product is employing largest number of persons 230235. It represents 22.60% of the total workforce employed in factories. Manufacture of machinery and equipment other than transport equipment sector has employed about 124286 persons employed contributes 12.2%the total workforce.

Manufacture of cotton textile, wool silk and manmade fiber textile and Jute is employing about 87917 workers which works out to be about 8.63% of the workforce.

Occupational injuries in manufacturing activities covered under Factories Act 1948

OCCUPATIONAL INJURIES IN MANUFACTURING ACTIVITIES

(COVERED UNDER THE FACTORIES ACT, 1948 ( AMENDED 1987 ) 1948)

The state of Uttar Pradesh has 13645 number of working industries covered under The Factories Act, 1948 (Amended 1987) 1948 during the year 2001. In the year 2000 there are 749 reportable accidents in these factories. Out of which 56 are fatal and 693 non-fatal injuries. The task force could not analyze all the reported accidents because of the constraints of resources such as time and funds. Therefore the taskforce selected a sample of 655 non-fatal accidents to know the trend of non-fatal injuries in various type of industries. All the 56 cases of fatal injuries were also analyzed.

For classification of accidents the Indian Standards 3786-1983 titled “Method for computation of frequency and severity rates in industrial injuries” and classification of industrial accidents along with the ILO code of practice on recording and notification of occupational accidents and diseases were used. The industries were classified according to the new industrial classification – 1987 NIC Code. The fatal and non-fatal injuries have been dealt with separately and a number of injuries have been taken for each group of industries. The accidents in MAH installations have also been taken separately.

All fatal accidents and significant non-fatal accidents and all instance of gas leakages are invariably investigated in detail, by the officers of the Factory Directorate. If it is found during the investigation that the accidents or occurrences have been due to deliberate negligence on the part of management in ensuring safe practices and operations, the management is apprised of the negligence in inspection report and prosecution is launched ;in the court of law. The deterrent action of launching prosecution is not only with a view to avoid recurrence by to emphasize the implementation of safe practices as well. Apart from this, the management is also advised as a equal to investigation to take more specific safety measures to avoid the repetition of such accidents. It is also ensured by follow up inspections that such recommendations are fully implemented. A accident analysis data over since 1995 is given in the table – 5.1

TABLE – 5.1

INDUSTRIAL INJURIES IN FACTORIES, ACCIDENT RATE IN UTTAR PRADESH

YearAverage Daily EmploymentAccidents
FatalNon-fatal
No. of AccidentsRate of AccidentNo. of AccidentsRate of Acciddent
199510119671020.100719671.9437
199610270571040.101316651.6211
19971032179960.093012241.665
19981034054740.07169230.8926
19991072394610.056912481.1637
20001073154560.05216930.6458
20011018740510.04916590.6469
20021026773560.05454180.4071

Note: Calculation rate of Accident is done on 1000 average employment.

During the year 1995 there have been 102 fatal accidents and 1967 non-fatal accidents injuring the same number of persons. It reveals that the incidence rate of fatal occurrences and fatalities both have further drastically decreased from 102 to 56 in case of fatal accidents and from 1967 to 693 in case of non-fatal accidents and in 2000

The status of compliance with the provisions of The Factories Act, 1948 ( Amended 1987 ); in the state can be claimed to be reasonably satisfactory. Fatal and Non-Fatal accidents given below indicate a positive decline over a period of five years since, 1995.

5.1 FATAL INJURIES

Fatal injuries in the state of Uttar Pradesh as per the information collected from Directorate of Factories U P, and accident report submitted by the factories for theyear 2000 are 56. The 56 fatal injuries from 49 factories were taken and analyzed as per the IndianStandards 3786 and the ILO Code of Practice of recording and notification of occupational accidentsand diseases. The analysis has been done industry group wise, cause wise, agency wise, nature of injurywise, location ofinjury wise, sex and age wise.

5.1.1 INDUSTRY WISE

Of the total fatal injuries analyzed, 18 accidents were in the units manufacturing food products mainly sugar which comes to be about 32% of the total accidents. The industry wise analysis of the fatal accidents shows that about 14.3% is in the industries manufacturing basic metal and alloy. About 10.7% of the accidents have been reported manufacturing basic chemicals and chemical products. The detailed industry wise accidents are given in the Table – 5.2

TABLE – 5.2

INDUSTRY-WISE FATAL INJURIES

NIC CODEDescriptionNo. of AcidentsPercentage (%)
220-219Manufacturing of food products1832.1
220-229Manufacture of Beverages, Tobacco and Related Products--
230-236Manufacture of Cotton Textiles--
240-248Manufacture of wool, silk and man-made fibre textiles11.8
250-259Manufacture of jute and other vegetable>11.8
260-269Manufacture of textile products (including wearing apparel)--
270-279Manufacture of wood and wood products; furniture and fixtures--
280-289Mfg. of paper and paper products and printing, publishing & allied industries58.9
290-299Manufacture of leather and products of leather, fur & substitutes of leather23.5
300-309Mfg.of basic chemicals & chemical products(except products of petroleum and coal)610.7
310-319Mfg. of Rubber, Plastic, Petroleum and Coal Products; Processing of Nuclear Fuels23.5
320-329Manufacture of non-metallic mineral products--
330-339Basic metal and alloys industries814.3
340-349Manufacture of metal products and parts, excepts machiney and equipment--
350-369Manufacture of machinery and equipment other than transport equipment11.8
370-379Manufacture of transport equipment and parts23.5
380-389Other Manufacturing Industries58.9
390-399Repair of Capital goods--
400-439Electricity, Gas and Water47.1
500-519Construction--
740-749Storage & warehousing services--
970-979Repair services11.8

5.1.2 Cause wise :

The analysis of the 56 fatal injuries during the year 2000 shows that about 30% of the total accidents are caused as the workers are falling either from height> About 21% of the accidents have been occurred wherein the workers are caught between the moving parts of the machine or while doing repair and maintenance work. Third major cause of the accident is person getting injured when the material, tool and other objects falling from the height>

TABLE – 5.3
CAUSE WISE FATAL INJURIES
CodeType of AccidentNo. of accidentsPercentage
10Fall of persons1730.2
11Fall of objects814.3
12Stepping, striking, struck against712.5
13Caught in between objects1221.4
15Expo. to or contact with
extreme temp.
610.7
16Expo. to or contact with
electric objects
23.57
17Expo. to or contact with
harmful subs.
--
18Explosions--
19Others47.1

5.1.3 Agency wise:

In terms of the agency involved in the fatal injuries it may be seen that

Out of 19 agencies it is seen from the table that about 30% and 19% of the fatal injuries have occurred due the other agencies and other material and substances respectively followed by the accidents while on machines. Details of agency wise fatal accident are given in table –5.4

TABLE – 5.4
AGENCY WISE FATAL INJURIES
CodeAgencyNo. of accidentsPercentage
201Prime Movers--
202Transmission machinery47.14
203Metal working machine11.8
204Wood & Associated m/c11.8
209Other machines610.7
213Other wheeled Means of Trans.11.8
219Other means of trans.11.8
221Pressure vessels--
224Electrical installations23.6
226Tools, implements & applns.47.2
227Ladders, mobile ramps--
228Scaffolding11.8
229Other equipments35.4
231Explosives11.8
232Dust, gases, liquid & chemicals11.8
233Flying objects--
239Other materials & subs.1119.6
242Indoor23.6
261Animals--
262Other agencies1730.3

5.1.4 Nature wise:

Nature of injury analysis of the fatal injuries shows that 27.5% of the fatal injuries are due to multiple injuries of different nature. 17.1% due to other and unspecified injuries and almost equal are due to contusion and crushing. The table 5.5 shows the nature wise fatal injuries

TABLE – 5.5
NATURE WISE FATAL INJURIES
CodeNature Of InjuryNo. of AccidentsPercentage
310Fractures11.6
320Dislocations--
325Sprains and strains--
330Concussions & other internal injury812.4
340Amputations & Enucleations23.2
341Other wounds11.6
350Superficial injuries--
355Contusions & Crushings914.5
360Burns10*16.1
370Acute poisoning--
381Asphyxia23.2
382Effects of electrical currents11.6
390Multiple injuries of different nature17*27.5
399Others and unspecified injuries1117.7

*More number of casualties in one incident.

5.1.5 Location wise:

Multiple location injuries contributed to 35.5% of the fatal accidents, followed by 21% injuries in unspecified locations The fatal injuries due to head injury is also quite prominent which is responsible for 11 fatal injuries which works out to be 17.7%.. The location wise injury is shown in Table – 5.6

TABLE – 5.6
LOCATION WISE FATAL INJURIES
CodeNature Of InjuryNo. Of AccidentsPercentage
41Head1117.7
42Neck11.6
43Trunk11.6
44Upper limb34.8
45Lower limb11.6
46Multiple locations22*35.5
47General injuries10*16.1
49Unspecified locations of injury13*21.1

*More number of casualties in one incident.

5.1.6 Age and Sex wise:

Total 62 no of people have met with fatal accident although the number of incidences were 56 which clearly says there are certain accidents where more than one person has met with fatality. Of these 100% are male but no female worker has become the victim of the accident.

32% of the people are insured and their families were entitled to get compensation, whereas 65% of the fatal injuries were not insured. No information has been given for 3% of the workers.

55% of the people sustaining fatal injuries were in the age of 18 to <36 years, 26% were in the age group of 36 to< 51 years and 3% percent were from the age group of 51 to <61. There were as many as 16% people whose age was not mentioned in the accident report. Table – 5.6A gives age and sex wise injuries.

TABLE – 5.6A
SEX WISE FATAL INJURIES
SexNo. of accidentsPercentage
Male56100
Female0000
TABLE – 5.6B
INSURED/UNINSURED FATAL INJURIES
Insured/UninsuredNo. of accidentsPercentage
Insured2032
Uninsured4268
TABLE – 5.6C
AGE WISE FATAL INJURIES
CODEAgeNo. of accidentsPercentage
C18 to < 363455
D36 to < 511626
E51 to < 6123
F61 & above--
XNOT KNOWN1016
5.2 NON FATAL INJURIES

A total number of 655 non-fatal occupational injuries have been reported by the industries in the state of Uttar Pradesh. A sample of 655 was taken and analyzed. The classification of accidents and injuries were done according to the IS3786 and also ILO Recording and Notification of occupational accidents and diseases.

5.2.1 Industry-wise:

The industry-wise analysis of non-fatal injuries shows that 50.2% of the accidents are in the jute manufacturing industry and 11% are in the industries manufacturing food products. 39 number of accidents has been reported in other manufacturing industries which is 5.95% of the total accident.

TABLE – 5.7
INDUSTRY-WISE NON - FATAL INJURIES
NIC CODE
Description
No. of AcidentsPercentage
220-219Manufacturing of food products

78

11.9
220-229Manufacture of Beverages, Tobacco and Related Products3.45
230-236Manufacture of Cotton Textiles33150.50
240-248Manufacture of wool, silk and man-made fibre textiles
250-259Manufacture of jute and other vegetable>
260-269Manufacture of textile products (including wearing apparel)020.3
270-279Manufacture of wood and wood products; furniture and fixtures010.15
280-289Mfg. of paper and paper products and printing, publishing & allied industries192.91
290-299Manufacture of leather and products of leather, fur & substitutes of leather010.15
300-309Mfg.of basic chemicals & chemical products(except products of petroleum and coal)385.8
310-319Mfg. of Rubber, Plastic, Petroleum and Coal Products; Processing of Nuclear Fuels50.77
320-329Manufacture of non-metallic mineral products20.77
330-339Basic metal and alloys industries192.9
340-349Manufacture of metal products and parts, excepts machinery and equipment50.77
350-369Manufacture of machinery and equipment other than transport equipment477.2
370-379Manufacture of transport equipment and parts40.61
380-389Other Manufacturing Industries50.77
390-399Repair of Capital goods--
400-439Electricity, Gas and Water294.42
500-519Construction010.15
740-749Storage & warehousing services253.81
970-979Repair services375.64

Cause wise :

The analysis of the 655 non fatal injuries shows that about 37%. Of the total accidents are caused when the workers were struck against the moving / stationary parts of machine/tools etc and 19% of the accident are caused wherein the workers are falling either from height or falling on the floor. About 16% of the accidents have been occurred wherein the workers are caught between the moving parts of the machine or while doing repair and maintenance work.

TABLE – 5.8
CAUSE WISE NON - FATAL INJURIES
CODEType of AccidentNo. of accidentsPercentage
10Fall of persons12519
11Fall of objects9615
12Stepping, striking, struck against24137
13Caught in between objects10416
15Expo. to or contact with
extreme temp.
213.2
16Expo. to or contact with
electric objects
172.6
17Expo. to or contact with
harmful subs.
91.5
18Explosions30.5
19Others284.3

Agency wise:

In terms of the agency involved in the fatal injuries while working with the agency which has contributed to an accidents. Out of number of agencies it is seen from the table>

TABLE – 5.9
AGENCY WISE NON - FATAL INJURIES
CODEAgencyNo. of accidentsPercentage
201Prime Movers30.45
202Transmission machinery162.44
203Metal working machine10.15
204Wood & Associated m/c--
209Other machines18027.48
213Other wheeled Means of Trans.416.26
219Other means of trans.335.04
221Pressure vessels--
224Electrical installations203.05
226Tools, implements & applns.9013.74
227Ladders, mobile ramps40.60
228Scaffolding60.91
229Other equipments527.92
231Explosives20.30
232Dust, gases, liquid & chemicals182.75
233Flying objects131.98
239Other materials & subs.6710.23
242Indoor599.00
261Animals20.30
262Other agencies497.38

Nature wise:

Nature of injury analysis of the nonfatal injuries shows that 29.13% of the nonfatal injuries are due to other wound followed by 25.94% accidents due to contusions and crushing and 11.83% due to other unspecified injuries.

TABLE- 5.10
NATURE WISE NON - FATAL INJURIES
CODENature Of InjuryNo. of AccidentsPercentage
310Fractures375.61
320Dislocations30.45
325Sprains and strains121.82
330Concussions & other internal injury274.10
340Amputations294.4
341Other wounds19229.13
350Superficial injuries395.9
355Contusions & Crushing17125.94
360Burns395.77
370Acute poisoning--
381Asphyxia--
382Effects of electrical currents60.90
390Multiple injuries of different nature263.94
399Others and unspecified injuries7811.83

Location wise:

Upper limb, lower limb and injuries at multiple locations are the main locations wherein the injury has occurred and the percentage of injuries to all the locations are 52%,22.8% and 10.2% respectively.

TABLE – 5.11
LOCATION WISE NON - FATAL INJURIES
CODENature Of InjuryNo. of AccidentsPercentage
41Head507.5
42Neck40.6
43Trunk243.5
44Upper limb34352
45Lower limb15022.8
46Multiple locations6710.2
47General injuries20.3
49Unspecified locations of injury213.1

5.2.2 Age and Sex wise:

Of the injured 99% persons were male and 1% were female. Injuries were high (52.4%) in the age group of 36-51, followed by 32% in the age group of 18-36, 6.8% in the age group of 51-61. There were 8.8% cases where the age of the victim was not mentioned. About 70% of the persons were insured and 30% uninsured. The Table No.5.11A to 5.11C gives the details of injuries age and sex wise.

TABLE – 5.11A
SEX WISE NON - FATAL INJURIES
SexNo. of accidentsPercentage
Male65299
Female71
TABLE – 5.11B
INSURED/UNINSURED NON - FATAL INJURIES
Insured/UninsuredNo.of accidentsPercentage
Insured45969.7
Uninsured19730.3
TABLE – 5.11C
AGE WISE NON - FATAL INJURIES
CODEAgeNo.of accidentsPercentage
C18 to < 3621132
D36 to < 5134552.4
E51 to < 61456.8
F61 & above--
XNOT KNOWN588.8

Occupational diseases and poisoning in manufacturing activities

OCCUPATIONAL DISEASES AND POISONING IN

MANUFACTURING ACTIVITIES

ILO Code of Practice on Recording and Notification of Occupational Accidents and Diseases defines occupational diseases as “a disease contracted as a result of an exposure to risk factors arising from work activity.” Under Section 89 of The Factories Act, 1948 ( Amended 1987 ) 1948 where any worker in a factory contacts any diseases specified in the Third schedule (Annexure-I), the manager of the factory shall send a notice thereof to such authorities and in such form and within such time as may be prescribed.

The Factories Act 1948 (amended in 1987) also stipulates that medical practitioner attending on a person who is or has been employed in a factory and is suffering from diseases specified in the Third Schedule shall without delay send a report in writing to the office of the Director Of Factories/ Chief Inspector Of Factories.

In the state Uttar pradesh no occupational disease cases have been reported to the Directorate of Factories. The occupational diseases result in loss of hearing capacity of the workers. This loss varies according to the occupational diseases contracted by the worker. The severity of the disease may result in permanent disability to the worker.

Management of occupational safety and health at unit level

MANAGEMENT OF OCCUPATIONAL SAFETY AND HEALTH AT UNIT LEVEL

The Chapter as is evident, deals with the management of occupational safety and health at the unit level, i.e. manufacturing units. The state has large number of manufacturing units, the breakup of which according to factories registered under Section 2(m), Section 85 of The Factories Act, 1948 ( Amended 1987 ), 1948 is given in Chapter -IX. In order to have a fair idea, about the safety and health status in these units, the following specific provisions on safety and health have been covered under the Chapter :-

  • Safety Policy
  • Appointment of Safety Officers
  • Safety Committee
  • Occupational health centers (FMO, Ambulance)
  • Welfare (WO, Canteen, crèche, lunch room, shelter etc.)
  • On-site emergency plans
  • Safety reports
  • Safety audits
  • HAZOP studies

There are certain statutory requirements as provided under The Factories Act, 1948 ( Amended 1987 ), 1948 and Rules framed there under, for each of the aspects stated above. Items 7.6 to 7.9 are additional requirement exclusively applicable to MAH installations, which are covered by separate set of rules. Each of the aspect with its status has been discussed in the following paragraphs.

7.1 SAFETY POLICY

The provision for the preparation of Health & Safety Policy is mandatory for factories covered under section 2(cb) and section-87 of The Factories Act, 1948 ( Amended 1987 ) and factories employing more than 50 workers. The rule in this regard has been incorporated by the Uttar Pradesh Government in Rule-63-B of the U.P. factories Rules,1950 vide Notification No. 3417/xxxvi-3-1-(F)-88 dated 06-10-1999 under section 7-A(3) and section 41-B(2) of The Factories Act, 1948 ( Amended 1987 ); in section 7A & 41-B. The rules regarding the contents, as to what the policy specifically deal with have been clearly spelt in this rule. The management of such factories have been directed by the Factory Directorate to formulate their Health and Safety Policies as per statutory requirements. All MAH installations in the State of Uttar Pradesh have formulated their Health & Safety Policy on priority basis.

All the MAH installations in the State of Uttar Pradesh have formulated their Health & safety Policy on priority basis.

7.2 APPOINTMENT OF SAFETY OFFICERS

Under section 40-B of The Factories Act, 1948 ( Amended 1987 ), State Government has framed U.P. Factories (Safety Officers) Rules, 1984 vide notification dated 5th. Sept. 1984, regarding the qualification, duties and other service conditions of the safety officers to be appointed. The State Government by subsequent notification required the occupiers of the factories employing 1000 or more a workers to appoint requisite number of safety officers. Furthermore the State Government vide Notification no. 1928/3-3-2000-20001(F)/84 dated 03-06-2000, required the occupiers of factories covered under Uttar Pradesh ( Control of Industrial Accident hazard ) Rules, 1996 & plants manufacturing Sulfuric acid employing less than 1000 workers and wherein involvement of risk of bodily injury, poisoning or disease or any hazard to health may occur, to employ one safety officer.

As per the details available about the appointment of the safety officers in the factories, 195 factirues are required to appoint safety officers but at present only 85 factories have employed the Safety Officer. As such 110 factories are required to appoint the Safety Officer in their factories. The percentage of factories employing safety officer is nearly 43.6% .

7.3 SAFETY COMMITTEE

The Rule 81-I U P Factory Rules, 1950 framed under the provisions of Section 41 and 41-G of The Factories Act, 1948 ( Amended 1987 ), 1948 require constitution of Safety Committee in the factories meeting the following criteria:-

  • Units employing 250 or more workers
  • Units covered under Section 87 of The Factories Act, 1948 ( Amended 1987 ), 1948 and employing more than 50 workers
  • Units covered under Section 2(cb) of The Factories Act, 1948 ( Amended 1987 ), 1948 and employing more than 50 workers

All the MAH installations in the State of Uttar Pradesh have formulated their Safety Committee on priority basis.

7.4 OCCUPATIONAL HEALTH CENTERS

As per the Rule 63-J of the Uttar Pradesh Factory Rules, 1950 prescribed under the Section 41-C of The Factories Act, 1948 ( Amended 1987 ), 1948 Occupational Health Centers are required to be set up in the Factories carrying and ‘hazardous process’ as described under Section 2(cb) of the Act. The Industries have been divided into 3 categories. i.e. the industries employing up to 50 workers, employing 51 – 100 workers and employing more than 200 workers. No information is available regarding requirement and establishment of Occupational Health Centers in factories.

7.5 WELFARE

This part of chapter deals with the Welfare facilities e.g. appointment of Welfare Officer, crèche facilities, canteen facilities, shelters, rest room and lunch room.

The provisions of Section 49 of The Factories Act, 1948 ( Amended 1987 ), stipulates that any factory employing more than 500 workers is required to employ a Welfare Officer. The State Govt. has also framed UP Factories Welfare Officer Rule 1955 wherein age, qualification, duties and responsibilities and other service conditions are stipulated. As per the details available 259 units were required to appoint the welfare officers. However, 219 units have actually appointed the welfare officers in their factories.

MAJOR ACCIDENT HAZARD CELL

In order to control the major accidents in the State, factories prone to major accident hazards have been identified on the basis of the U.P. Factories ( Control of Industrial Major Accident Hazard) Rules, 1996 under section 41-B of The Factories Act, 1948 ( Amended 1987 ) and Manufacture Storage and Import of Hazardous Chemicals Rules, 1989 (amended 2000), wherein specified industrial activities are catagorised as potentially hazardous and prone to major hazard, in the form of storage & use of potentially hazardous substances in five groups exceeding the threshold quantities specified for them in schedule-3 of the above said rules. On the basis of the criteria laid down in the above mentioned, so far 100 factories have been identified as Major Hazard installations in the state.

The identified MAH installations are required to comply with specific provisions of the above mentioned rules, such as submission of Notification of Site/Safety Report; Preparation of On-Site Emergency Plan; Material safety Data Sheet; Notification of Major Accidents; and carrying out Safety Audit etc, in the respective schedules specified in the above rules.

The on site emergency plans received in the Factory Directorate are subject to scrutiny by a multidisciplinary cell constituted at the head quarter of the Factory Directorate. There after these on site plans are sent; back to the Occupiers of the concerned factories with directions for further; improvement and; rehearsal.

In the said rules, the rehearsal of such developed On-Site Emergency Plans has also been made essential for the factories to rehearse the plan once in every six months, so that state of preparedness; is ascertained; in terms of men and machines when a disaster strikes. Practical exercises are, therefore, carried out be creating situations, as close as possible to actual conditions. The occupiers are directed to plug the weaknesses and vulnerabilities which surface during such simulation drills. The standard of performance is judged against a set of criteria fixed for this purpose through a check list assessment by the regional officers.

7.6 ON-SITE EMERGENCY PLANS

As per the provisions of the Rule 13 of U.P. Factories (Control of Industrial Major Accident Hazard) Rules, 1996 an occupier who has control of the Industrial activity as described under the Rule shall prepare an on-site emergency plan detailing how major accidents will be dealt with on the site on which industrial activity is carried on.

Earlier to come into force of these rules the guidelines for On-Site Emergency Plan was developed by the Uttar Pradesh Factory Directorate in consultation with the occupiers of the Factories in the year 1990. The guidelines are into two parts along with 20 annexes attach therewith for more detailed and clear information. These Plans are being regularly monitored and updated as per the guidelines, which have been circulated to the occupiers so that the plans prepared have a similarity and in the event of emergency these could be easily referred for retrieval of necessary information. The guidelines stipulate all vital information and commitments too not only control the major accidents, but to mitigate the effect in the event of any catastrophe as well, which includes:

- Preventive measure and plans effecting the factory's safety status currently enforced/practice and disclosure of information to workers and public and details of public awareness system; in existence or anticipated;

  • Development of scope and scenarios on the basis of previous histories and consequence analysis;
  • Material safety data sheet and important components of safety report;
  • Disaster control measures including mutual aid scheme;
  • Plan of coordination and interaction with various external agencies including administrative agencies in the event of major risk occurrence;
  • Action on site;
  • Plans of action for medical management fire fighting, rescue and relief operation currently available and to be pressed into service at short notice; and much other general information in respect of plant, manufacturing process, neighborhood, meteorological information etc.

In order to control the major accidents and mitigate the effects of any major consequence, out of 100 MAH Installations, the occupiers of the 98 factories have submitted there on site emergency plans to the Factory Directorate.

7.7 NOTIFICATION OF SITE AND SAFETY REPORTS

(i) Notification of Site

As per the provisions of the Rule 7 of U.P. Factories (Control of Industrial Major Accident Hazard) Rules,1996, it is mandatory for an occupier to prepare and submit to the Chief Inspector before the commencement of an industrial activity the Safety Report of the Industrial activity to which these rules apply and the occupier of the MAH Installation should have to submit the Notification of Site in Schedule-7 specified in the rule.

(ii) Safety Report

As per the provisions of the Rule-10 (1) of Manufacture Storage and Import of Hazardous Chemicals Rules,1989 ( Amended 2000), it is mandatory for an occupier to prepare and submit to the Chief Inspector before the commencement of an industrial activity the Safety Report of the Industrial activity to which these rules apply. The Safety Report is to be submitted in the prescribed format. Further it is advisable that all the units after the commencement of the Industrial activity shall carry out an independent Safety Audit of the respective industrial activities with the help of an expert not associated with such industrial activities. This will help the management to know the weak points in their system and to take suitable>

As per the information available 44 no. of units were required to prepare Safety Reports. However, 42 units have prepared the Safety Report and submitted to the Director of Factories.

7.8 SAFETY AUDIT

Safety audit is a statutory requirement under the Manufacture Storage and Import of Hazardous Chemicals Rules, (MSIHC) 1989 ( Amended 2000) for upper layer of major accident hazard units. According to the provisions of the Rule 10(4) of Manufacture, Storage and import of Hazardous Chemicals Rules, 1989 (Amended 2000), it is mandatory for an occupier to conduct the Safety Audit of industrial activity once in a year with the help on an expert not associated with such industrial activity.

The objectives of the safety audit would be to review and critically assess the existing safety programmes to prevent and control the hazards in the plant with a view to suggest improvement. The benefit of safety audit is to evaluate the quality and effectiveness of the safety programme, rather than only quantitative measures of its failure.

The specific objectives of the safety audit would be :

  • To study existing systems procedures plans and programmes on safety and health
  • To review implementation status of the existing safety systems, procedures, plans and programs and
  • To recommend the measures for improving effectiveness for implementation of safety systems, procedures, plans and programs and also for improving the existing procedures/setting of new procedures if required.

The overall methodology of safety audit will consist the following states :\

  • Collection of preliminary information regarding manufacturing process and hazards etc. through a questionnaire developed by auditor before undertaking actual field work
  • Examination of documents pertaining to safety procedures/systems
  • Discussions with key personnel at various levels
  • Physical inspection of the plant
  • Preparation of report with recommendations

The Scope of the audit is to verify whether the planned and documented activities are performed in accordance with written procedures and to verify by examination and evaluation of objective evidence that appropriate elements of a safety management systems have been developed, documented and implemented by units covered under the Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 (Amended 2000), under the EP Act 1986 and the U.P. (Control of Industrial Major Accident Hazard) Rules, 1996 under the Factories Act, 1948.

As per IS 14489-1998 some of the relevant points observed during the safety audit are being listed below :

  • Health and Safety Policy
  • Accident reporting, investigation and analysis
  • Safety education and training
  • Work Permit System
  • Personal Protective Equipment (PPE)
  • Emergency preparedness (on-site and off-site both)
  • Compliance with statutory
  • New equipments/process review and inspection system
  • Prevention of occupational diseases
  • Safe Operating procedures
  • Fire prevention, protection and fire fighting systems

During the year 2002, out of 46 MAH installations more than 50% units had conducted the safety audit. The reports of such audits are being sent to Directorate of Factories. The recommendations pointed out by the auditor are being complied with from Directorate by issuing the directions/guidelines from time to time within stipulated period.

7.9 OFF-SITE EMERGENCY PLAN

The U.P (Control of Industrial Major Accident Hazards) Rules, 1996 under The Factories Act, 1948 ( Amended 1987 ), 1948 clearly indicates that The District Magistrate or the District Emergency Authority shall provide the occupier with information from the off-site emergency plan which relates to his duties under Rule 13 or sub-rule (2) of this rule {14(3) }.

  • It shall be the duty of the District Magistrate or the District Emergency Authority designate by the State Government in whose area there is a site on which an occupier carries upon an industrial activity to which this Rule applies to prepare and keep up-to-date an adequate off-site emergency plan detailing emergencies relating to a possible major accident on that site will be dealt with and in preparing that plan the authority shall consult the occupier, the Chief Inspector and such other persons as appear to the authority to be appropriate {Rue 14(1) of MISHC Rules, 1989(amended 2000)}.
  • Constitution of State Crisis Group: The State Government shat constitute a State Crisis Group for management of chemical accidents within thirty days from the date of the commencement of these rules 6(1) under Chemical Accidents (Emergency Planning, Preparedness, and Response) Rules, 1996).
  • Constitution of the District and Local Crisis Group: The State Government shall cause to be constituted within thirty days from the date of commencement of these rules { 8(1) under Chemical Accidents (Emergency Planning, Preparedness, and Response) Rules, 1996).}:-

The Uttar Pradesh Government vides Office Order NO. Vide Notification No. 5721/55-97-163 Parya/96 Dated 18th December, 1997 has constituted the State Crisis Group; vide Notification No. 5744/55-97-163 Parya/96 Dated 22nd December, 1997; and vide Notification No. 5745/55-97-163 Parya/96 Dated 22nd December, 1997 by Environment Department District and Local Crisis Groups respectively for the district having Major Accident Hazard Installations. The notification in this regard is annexed to this chapter.

The Chief Secretary of the Uttar Pradesh Government is the ex-officio chair person of the State Crisis Group. Which is the apex body of the government of U.P. and consist of governmental officials, technical experts, and industry representatives. This group is required to deliberate on planning, preparedness and to provide guidance for handling of chemical accidents, with a view to reducing the extent of loss of life, property and ill-health. The State Crisis Group will review all the Off-site Emergency Plans for chemical disasters for their adequacy. This group is required to meet one in three months.

Composition of State Crisis Group is as under :-
1Chief SecretaryChairman
2Principal SecretaryMember Secretary
3Principal Secretary, Home Department, U.P. Govt.Member
4Principal Secretary/Secretary, Paryavarn Department U.P. Govt.Member
5Principal Secretary/Secretary, Health Department U.P. Govt.Member
6Principal Secretary/Secretary, Industries Department U.P. Govt.Member
7Principal Secretary/Secretary, Road ways Department U.P. Govt.Member
8Principal Secretary/Secretary, Nagar Vikash Department U.P. Govt.Member
9Chairman, U.P.Pollution Control Board, LucknowMember
10Director General of Police, Lucknow.Member
11Director General of Police, Lucknow.(Fire Brigade)Member
12Director (Industrial Safety/Chief Inspector of FactoriesMember
13Nominated 04 Specialist by State Govt. (Industrial Safety & HealthMember
14Member of Nominated industries Nominated by State Govt.Member

DISTRICT CRISIS GROUP ( DCG )- Its Constitution and functions

The District Magistrate of the districts having Major Hazard Installations are ex-officio chair person of the District Crisis and this group is apex body at the district level and is required to review all On Site Emergency Plans prepared by the occupier of the Major Accident Hazard Installations for preparation of District Off-Site Emergency Plan, which shall also include hazards due to transportation of hazardous chemicals by road and by pipelines. The District Crisis Group is required to meet once in a 45 days and responsible to conduct one full-scale mock-drill of the District Off-Site Emergency Plan, on the site every year.

Composition of District Crisis Group is as under :-
1District MagistrateChairman
2Supdt. of PoliceSecretary
3District emergency officer/Sub-district MagistrateMember
4Chief Fire OfficerMember
5District Information OfficerMember
6Controller of ExplosivesMember
7Chief Nagrik SurakshaMember
8Nominated member of Marketing association by D.M.Member
9Chief Medical OfficerMember
10Chief City Officer/Exec. Officer/Nagar Nigam/Nagar PanchayatMember
11Member of Jal NigamMember
12Member of U.P.Pollution Control BoardMember
13District Agricultural OfficerMember
14Nominated 04 Specialist by D. M.(Industrial Safety & Health)Member
15Divisional Roadways OfficerMember
16Member of industries Nominated by D.MMember
17Chairman of Local Emergency GroupMember
18Assistant. Director of FactoriesMember/Coordinator

These rules provide a statutory back up for setting up of crisis groups in districts and states, which have Major Accident Hazard (MAH) Installations and are responsible to plan and respond to chemical emergencies in the Sate of Uttar Pradesh. These rules define the major accident hazard installations to include industrial activity, transport and isolated storages at a site handling hazardous chemicals in quantities equal to or more than the specified quantities in the rules.

Out of 71 districts of the State 36 districts, where inventory of hazardous chemicals are high In MAH installation, are required to develop Off-Site Emergency Plans for chemical emergencies.

9 districts have constituted their District Crisis Groups and are in process of developing their Off-Site Emergency Plans. 27 districts are under process of constitution of District crisis Groups.

7.10 Industrial Hygiene Laboratory

Industrial Hygiene Laboratory established at the Head quarter of Factory Directorate have been monitoring the work environment during the surveys conducted independently as well as in collaboration with Regional Labour Institute, Ministry of Labour, Govt. of India, Sarvodaya Nagar, Kanpur, in the factories in order to secure compliance of section 41-F of The Factories Act, 1948 ( Amended 1987 ). So far toxic and hazardous substances like ammonia, chlorine, hydrogen sulfide, carbon monoxide, leather dust, asbestos, pesticides, silica dust, solvents, dyes and pigment dusts, which were present in The work environment, were monitored and analyzed to estimate the concentration in the work environment. The factory management's having the above contaminants in their work environment have been recommended, where the concentration is above the threshold concentration, to adopt specific control measures to restrict the concentration of such toxic and hazardous substances below the threshold concentration stipulated; in Schedule-2 under section 41-F of The Factories Act, 1948 ( Amended 1987 ).

Management of occupational safety and health at state level

MANAGEMENT OF OCCUPATIONAL SAFETY AND HEALTH AT STATE LEVEL

Management of safety and health at the state level is more complex than at the unit level. At unit level the problems are relatively simple and unit specific depending upon the type of industry. However at the state level the management of safety and health is not unit or industry specific and the instruments such as policies, legislation, etc. are required to be more comprehensive to take care of safety and health issues in all type of occupations. Apart from The Factories Act, 1948 ( Amended 1987 ) 1948, there are other legislations for providing a better work environment, safety, health and welfare facilities. These legislations are enforced by various state/ Central government agencies such as Directorate of Factories /, Labour commissioner of the State and Chief Labour Commissioner Central, etc.

Education and training plays an important role in management of safety and health at state level and thus cannot be neglected. Non-government organizations (NGOs), voluntary organization’s, institutions and agencies engaged in safety and health are contributing in their own way towards the objective for giving the workers a safe and healthy work environment.

Safety and health at work is governed by variety of statutes in the state depending on the nature of work place, manufacturing activity and specific aspects of safety and health. Some of the important statutes are given below:

  • The Factories Act, 1948 ( Amended 1987 )
  • The U.P. State Factories Rules, 1950
  • Indian Boilers Act, 923
  • Uttar Pradesh Boilers Rules
  • Indian Boilers Regulations
  • Dangerous machines (Regulations) Act
  • Child Labour (Prohibition and Regulations) Act
  • Manufacture, Storage and Import of Hazardous Chemicals Rules 1989
  • U P Factories (Control of Industrial Major Accident Hazards) Rules 1996.
  • Building and other construction workers Act 1996
  • Indian Electricity Act 1911
  • Indian Electricity Rules 1956
  • Indian Explosives Act
  • The Petroleum Act
  • Static and Mobile Pressure Vessels Rules

There are different departments of Central Government and State Government entrusted with the responsibility of enforcement of these statutes. the efforts of the enforcement agencies are also supplemented by other organization’s such as training and research institutions, employers associations, employees associations, etc. in promoting occupational safety and health in the state.

8.1 Labour Commissioner Organization :

The organization functions under the Department of Labour , Government of Uttar Pradesh headed by Principle Secretary (Labour). The Department of Labour is headed by Principle Secretary (Labour) supported by Special Secretaries, Joint Secretary, Deputy Secretary and Under Secretary at the Government level. The enforcement of labour laws are being enforced through Labour Commissioner Organisation U.P headed by Labour Commissioner. The labour commissioner office has two types of enforcement machinery i.e. (i) social securities through Deputy/Assistant Labour Commissioner & Labour Enforcement Officers. (ii) Occupational Health and Safety through Factory Directorate and Boiler Directorate.

Some of the Labour Laws administered by the Labour Commissioner Organisation are given below:

1.

The Beedi and Cigar workers (Conditions of Employment Act, 1966)

An act-to provide for the welfare of the workers in Beedi and Cigar establishments and to regulate the conditions of their work and for matters connected therewith.

2The Bonded Labour System (Abolition) Act, 1976An act-to provide for the abolition of bonded labour system with a view to preventing the economic and physical exploitation of the weaker sections of the people and for matters connected therewith or incidental there-to.
3.The Child Labour (Prohibition and Regulation) Act, 1986

An act-to prohibit the engagement of children in certain employments and to regulate the condition of work of children in certain other employTo secure the compliance of the provisions of Factories Act, 1948, relating to industrial safety & health and other welfare measures 01 Director of Factories, 07 Deputy Director of Factories and 2 Deputy Director of Factories (Medical) along with 40 posts of Asstt. Director of Factories, U.P (Factory Inspectors) are sanctioned in the Factory Inspectorate of Uttar Pradesh.

At present there are only 29 Asstt. Directors of Factories (Factory Inspectors) in position to take up the entire load of inspection of registered factories in the state of Uttar Pradesh. The structure of Office of Director of factories, UP is given in annexure-III

There are some other Specific laws (listed below) relating to management of hazardous chemical substances are also being enforced by Directorate Of Factories U P in identified MAH installations.

  • The U.P. Factories (Control of Industrial Major Accident Hazards) Rules, 1996; (under The Factories Act, 1948 ( Amended 1987 ), 1948)
  • The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 (Amended - 2000); {under the Environmental (Protection) Act, 1986}; and
  • The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996.

These legislations determine the concern and set priority for a comprehensive approach in ensuring safety in work environment and thereby preventing accidents. The Directorate Of Factories UP are in line of action to adopt Management of hazardous substances be a comprehensive system in the industrial enterprise and thus ensuring effective accident prevention in the state.

8.3.1 Offices and Areas covered:

The Directorate Of Factories of the state of Uttar Pradesh is divided into 7 divisions. The Division offices are located at Lucknow, Allahabad , Kanpur, Barriely, Merrut, Gaziabad and Gotumbudhha nagar. Each divisional office is under the charge of Dy Director of Factories and is assisted by Assistant Directors of Factories for the enforcement of statutes.

In addition to the above, the Directorate has two posts of Dy.Director (Medical) alongwith one state level Industrial Hygiene Laboratory at Head Quarter.

8.3.2. Strength of the Directorate :

The Directorate Of Factories U.P.is equipped with trained and experienced personnel. The present details are as given below :

  • Director of Factories - 1
  • Deputy Director Factories - 6
  • Deputy Director (Medical) - 2 (1 Filled, 1 vacant)
  • Assistant Director - 40 (24 filled, 16 vacant)

In addition to the above, the directorate also has supporting administrative and technical staff draughts man, chemist, accountant, typist, assistants, drivers, peons, etc.

8.3.3.Activities :

The different activities undertaken by the department are given below

8.3.3.1 Enforcement :

The Directorate enforces provisions contained in the following statutes:

  • The Factories Act, 1948 ( Amended 1987 ), 1948 and the U.P. Factories rules 1950
  • The Minimum wage act 1948
  • Payment of Wages Act
  • Maternity Benefit Act
  • Dangerous Machines (Regulations) Act
  • The Manufacture, Storage and Import of Hazardous Chemicals Rules 1989
  • U.P. ( Control Of Industrial Major Accident Hazard) Rules 1996
  • EPPR Rules

Inspection of processing factories, identification of unregistered factories, investigation of accidents, approval of plans, attending to complaints are some of the activities undertaken for effective implementation of statutory provisions.

8.3.3.2 Education and Training :

The Directorate in collaboration with Regional Labour Institute ,Kanpur, Ministry Of Labour, Government of India , Ministry Of Environment and Forest and NGO,s like NSC,LPA,ICMA etc. also conducts education and training programs for increasing safety and health awareness amongst various target group from factories. Seminars and workshops are also organized to deliberate and discuss issues of safety and health and to come out with practicable solutions to the problems.

8.3.3.3 Promotional activities:

In addition, the Directorate is also involved in organizing Industry Enforcement Authority meet, Safety Day celebrations, exhibitions etc. to promote workplace safety and health in factories.

8.3.3.4 Inspection activities :

The state of Uttar Pradesh has a total of 13645 registered factories under the Factories Act 1948 (Amended 1987). The inspectorate from Directorate inspected 2641 factories during the year 2001.

It is also seen from the table> Such reduction in the inspection pose long term problems to the health and safety of the workers.

As per the existing order issued by government of Uttar Pradesh, the Inspector of Factories is required to seek prior permission for inspection from District Magistrate. The procedure of taking prior permission from the District Magistrate is also resulting into reduction in the number of inspection due to procedural delay. This seems to be unreasonable at least in respect of factories wherein hazardous substances are being used, stored and handled during the industrial activity. Hazardous units should not be subject to any permission from District Magistrate, so that an effective enforcement programme is available to these units/ factories. Reduction in inspections has also resulted in reduction in submission of annual returns required under the Factories Act, 1947.

The situation does not provide an effective enforcement programme, which shall include prohibition against giving advance notice of any inspection and sanction/permission of any individual. An element of surprise in inspection is an effective tool for effective enforcement programmes.

8.3.3.5 Prosecutions and convictions :

The chapter 10 of The Factories Act, 1948 ( Amended 1987 ) provides for penalties and procedures for violation of the provisions. The analysis shows that the prosecutions have been carried out under the section 92 of The Factories Act, 1948 ( Amended 1987 ). The section 92 of The Factories Act, 1948 ( Amended 1987 ) speaks about the general penalties for offences.

During the year 1998, 106 factories registered under section 2(m) and 73 factories registered under section 85 were prosecuted. There were 28 convictions under section 92 and fines of Rs.51,950/- were collected from factories registered under section 2(m). There were 23 convictions of the factories registered under section 85 and fines of Rs.1,68,250/- were collected. There was no penalty such as imprisonment under section 92 or section 96(A). The directorate also issued prohibition notices under section 40(2) section 87A to 3 factories registered under section 2(m) and 2 factories registered under section 85. Improvement notices under section 40(1) were issued to 4 factories registered under section 2(m) and 3 factories registered under section 85. Orders calling for test reports were issued under section 39 to 9 factories registered under section 2(m) and 1 factory registered under section 85.

It is seen from the table below that during the period 1992-2001 total number of inspection were 43652. Based on the inspections 4727 prosecution were launched due to violation of Factories Act 1948 and U P Factories rule which resulted in to 1410 convictions. Thus the government has earned Rs. 42.55 lakh. It may also be seen from the table that during the year the 1998 success rate of the ever highest in comparison to the previous years and this works out to be nearly 38.5%.

TABLE – 8.2

Inspection, Prosecution & Conviction under Factory act, 1948
YearNumber of FactoriesInspectionProsecution admittedConvictionFine in Lakhs Rs.
1993153461127910472714.60
19941546852214673185.71
199515510811010971974.59
1996160957549806**
199713662*57206032044.89
199813737*57085442099.93
199914351*2460499793.45
200014370*2313265704.42
200113645*2841205624.96
Total436524727141042.55

Figure not indicated and not included in total calculations

8.4 Development of Computerized Information Center

While collecting the information and data relating to the Safety Health and Welfare of the workers, number of factories, number of employees etc. it was felt by the task force that there are lot of scopes to effectively update the data and other information with the help of computerization in the Directorate of Factories Uttar Pradesh as well the whole organization of the Labour Commissioner

The rapid growth in information technology has given a new dimensions to the management of organization. The function sand importance of the management information system have increased considerably. It is the requirement of the day that in the present time of the liberalization privatization and globalization it is extremely essential to have updated information relating to the safety, health and welfare of the workers working in the factories and other information about the environmental aspect directly and indirectly effecting the employees.

Uttar Pradesh is a big state and the responsibilities of the factory directorate is equally big. The enforcement of laws and related rules in such a big state with the help of limited inspectors posted in scattered areas has put the directorate far behind the approach of new technology and its benefits. The only reason observed behind it is lack of computerization and its related utilities to the Factory Directorate. It was also observed that Factory Directorate initiated the proposal for computerization several times but somehow no outcome was seen from state government.

It is strongly recommended that the Factory Directorate of state of Uttar Pradesh must be equipped with IT update for effective data collection and data analysis in respect of health and safety. Minimum requirement in this regard is being given below

At Head Quarter

  • Installation of V-SAT system
  • Application software for factory registration and management system

At Regional Office

  • Computers
  • Printers
  • Modem
  • Telephone

8.5 Boiler Directorate

The state of Uttar Pradesh has got a Directorate Boiler Directorate is working under the office of the Labour Commissioner to look in to the safety of the workers and the property of the factories. This Directorate is headed by a Director and assisted by three Dy Directors and six Assistant Directors.

Boiler Directorate is working under the office of the Labour Commissioner and enforces following Act and rules. This directorate is working since 1915 for the safety of the workers.

  • Indian Boiler Act,1923
  • Indian Boiler Regulation,1950
  • Uttar Pradesh Boiler Rule,1969
  • Uttar Pradesh Economizer Rules, 1959
  • Uttar Pradesh Boiler Operation engineers Rules, 1964
  • Uttar Pradesh Boiler attendant Rules, 1956

In the state of Uttar Pradesh there are 2110 number of boilers installed in the different type of industry and every year about 50 numbers of boilers are added.

8.5.1 Comparative activities of Boiler Directorate for the last three years

Sl.Period(Year)Number of Boiler(Ecomomiser)Number of Boiler(Ecomomiser), InspectedBoiler(Ecomomiser) Newly RegisteredBoiler(Ecomomiser)RejectedBoiler(Ecomomiser)Sudden Inspection
(1)(2)(3)(4)(5)(6)(7)
12000-20012548(328)2146(153)48(04)38(07)258 (32)
22001-20022118(300)1988(161)50(04)11(01)114(22)
32002-20032183(255)1890(139)890(08)6(01)76(19)

8.5.2 Revenue earned by the Boiler Directorate during last three years

Sl.Period(Financial Year)Boiler/Eco.Reg/ Exam. FeeFee Receipt from OccupierFee Receipt from WelderBoiler Attendant/Engg./OperatorTotal Amount
(1)(2)(3)(4)(5)(6)(7)
12000-200129220317721755900461053746211
22001-2002468481811054107750633855863363
32002-20034660085123311015200595255967920

8.5.3 Examination of boiler Engineers conducted by the Directorate

Sl.Period (Financial Year)Examinees AppearedPassed
12000-20017119
22001-20026920
32002-20036322

8.5.4 Examination of boiler attendant conducted by the Directorate.

Sl.Period (Financial Year)First Class Exam.Second Class Exam.
  Examinees AppearedPassedExaminees AppearedPassed
12000-200132084442151
22001-2002--502183
32002-200339013223592

In addition to above activities the Inspection of the boilers are carried out by the office of the directorate during construction stage of the boiler and components such as valve, super heaters, tubes, economizers etc. The directorate has achieved Zero accident record and completion of 100% target.

Resources available and needed

RESOURCES AVAILABLE AND NEEDED FOR MANAGEMENT OF OSH

During the study, the team visited departments and organisations dealing with occupational safety and health in the manufacturing sector with a view to establish inventory of occupational safety and health information in the state of Uttar Pradesh. The activities of these departments, resources available at their disposal were examined to determine the problems faced by the organisations in the matters of occupational safety and health and further resources needed in order to effectively manage occupational safety and health at the state level.

The scope of the study was limited to cover the organisations connected with safety and health at the state level. Occupational safety and health management at the unit level in the factories covered under The Factories Act, 1948 ( Amended 1987 ) was limited only to the information available in the annual returns and accident forms available at Directorate of factories Uttar Pradesh.. Detailed analysis in the areas related to functioning of Safety Committees, Occupational health centre, crèches, rest rooms etc. as per the provisions of The Factories Act, 1948 ( Amended 1987 ) in each of the units was not undertaken as it was outside the defined scope of this study. In order to identify these problems, the more elaborate in-depth study is required to be taken up to get comprehensive information on management of occupational safety and health at unit level.

The findings and recommendations as brought out by the study are summarized below :

RECOMMENDATIONS

1. During 2001, there are 13645 factories registered under The Factories Act, 1948 ( Amended 1987. Out of which 2174 factories are covered under section 2(cb) of the Factories Act 1948 and 100 factories are Major hazard installation as per the Manufacture Storage and Import of Hazardous Chemicals Rule 1989(Amended 2000) under Environmental Protection Act 1986. As per The Labour Laws (Exemption from furnishing returns and maintaining registers by certain establishment) Act, 1988, certain notified factories mostly defence industries are exempted from submitting annual returns. However, only 20% of the total industries has submitted annual returns for the year. The Annual Returns contains basic information such as employment, man hour employed, accidents, man-hours lost due to accidents, provision of welfare facilities, appointment of welfare officers and safety officers, occupational health facilities, etc. which are essential for compilation of state level data on occupational safety and health it is desirable that submission of Annual Returns should be insisted upon from all the factories.

It is recommended that efforts should be made to ensure compliance with the requirement of submission of annual returns in prescribed format by registered factories at the time of issue /renewal of license under FACTORIES Act 1948.. It is also recommended that the occupier/manager of the factories should be made to submit complete details in the annual returns. Noncompliance with such provisions can be brought to the notice of the occupier by issuing notice by the inspecting officials. in case of further noncompliance a legal action may be followed.

2. There are 2174 factories covered under section 2(cb). It was informed that it is very difficult to segregate factories as coming under Section 2(cb) or Section 87 merely on the basis of information given in annual return form or license form or Registration form. Therefore, it is suggested that the annual return form prescribed under U.P. state Factories Rules should be amended to include following additional information

  • The description of the factory as per NIC classification

     

  • NIC Code
  • Whether covered under Section 2(cb)
  • Whether notified as factory carrying on dangerous operations under section 87
  • Whether covered under MSIHC Rules as MAH installations.

3. Manufacture of food, cotton textile, and jute industry has contributed maximum number of accidents during the year 2000. It is therefore recommended that management may be asked to study the problem seriously and minimize the number of accidents by improving the work environment and creating safe working conditions.

4. During the year 2000, 56 fatal accidents were occurred in the factories situated in Uttar Pradesh. Investigation and cause wise analysis indicate that about 55% of the total accidents were such wherein workers of age group of 18-36 got the fatal injuries due to lack of experience in the particular work. Almost 52.4% of non fatal accidents occurred to the workers in the age group of 36-40 years of age. All the fatal accidents are not invariably investigated; accidents of serious nature are only investigated. This may be due to overconfidence amongst more experience workers in factories. Another reason for this could be the change of job of these workers without proper training/retraining to complete the work safety.

It is recommenced that the need for training and retraining of workers at unit level in safety and health aspect at regular intervals must be conducted specially for employees at the time of induction in service followed by rigorous retraining at regular intervals. It is also recommended that when there is a change in their job it should be brought to the notice of occupiers or managers. Further, occupiers can also be directed to introduce an extensive training scheme and other motivational tools for promoting safety and health at their workplace.

5. Almost 37% of nonfatal accidents are caused due to struck by falling objects and about 19% are due to fall of person and 16$ due to caught in between objects. This indicates that proper work procedure, safe system of work, safe operating procedures are not being followed in the factories.

It is recommended that the occupiers or the managers of the factories should be told about their statutory duties for designing and develop safe operating procedures (SOP’s), permit to work system should be established and followed by strict implementation at work place. A strong monitoring system should be established at the unit level by the management to ensure the implementation of the above systems Safety committee of the unit should also be involved in implementing these procedures.

6. The analysis of accidents with respect to the location of injuries reveal that head, hands and foot are the body parts which are frequently injured in accidents. This indicates that proper protection of these body parts is not ensured at workplace. Therefore the occupiers should be advised to give appropriate personal protective equipment to their workers and make sure that they are used by workers while working in factories.

7. About 3.6% of fatal accidents are caused due to contact with electrocution. The severity rate of electrical accident is very high. This indicates inadequacy of attention paid to safety while working with electrical energy. This could be because of low level of awareness, lack of education and training, employment of non-qualified personnel for the works connected with electricity, etc. Since these aspects are coming under the scope of activities of Electrical Inspectorates, it is suggested that a programme could be formulated by Directorate of Factories in collaboration with DGFASLI to improve the status of electrical safety in factories. In this programme specific electrical hazards while working in the factories could be identified and the precautions to be taken could be disseminated through various modes such as training programmes, leaflets, booklets, lectures, etc. The factory inspector should also be specifically trained in this area to identify the noncompliance with the provisions and issue necessary directives/ guidelines to the occupiers/ managers.

8. While going through the accident reports received in inspectorate from the management it reveals that some of the accident reports in form 18 of UP Factories rule are incomplete. It is recommended that all occupiers must be advised to send the reports duly filled and mention the NIC Code of the industry. It is also suggested that form 18 may be changed accordingly to ensure that all the required information is filled therein.

9. The annual returns are not being sent by the occupiers therefore complete details of the factory about employment of Male /Female workers, NIC Code of the Factory etc. is not updated . It is therefore recommended that complete data must be obtained before issuing/renewing license to the factory.

10. As regards to preparation of safety policy and constitution of safety committees, the level of compliance with these provisions is very low due to late induction of rules related to these issues in 1999. The statistics regarding number of factories required to prepare safety policy and those required to constitute safety committees is not readily available. Therefore, it is recommended that on the basis of the provisions of The Factories Act, 1948 ( Amended 1987 ) and the criteria laid down in Factories Rules, all units requiring preparation of safety policy and constitution of safety committee should be clearly identified. Thereafter, the compliance with these provisions should be strengthened through strict enforcement and inspection

11. The level of compliance as far as the appointment of safety officer in factories is concerned is not satisfactory. It is therefore strongly recommended that the placement of the safety officer must be done by the occupier and the person who are not qualified as safety officer must be sent to recognized institute to acquire qualification as per the state rules. The reports of accidents in Form 24, furnishing details of the accidents, causes of accidents and agencies involved therein, non use of personal protective equipment etc. indicate that the safety officers have not been effective in discharging their duties. It is therefore suggested that safety officers in all the factories should be trained and retrained through refresher courses on:

  • Technique of safety audit
  • Establishment of safety management system
  • Costing of accidents, and
  • Leadership for safety and health
  • Techniques of designing and implementing effective awareness programme at work place.

This may lead to better status of safety and health management in factories. It is also recommended that there should be better interaction between Factory Inspectors and Safety Officers through discussions on the ways and means for improving the safety, health and working conditions in their factories and latest technological development in industry safety.

12. As per the requirement under Rule of U P Factories Rules, 1950, 93 factories submitting returns on occupational health centers. Information regarding the number of factories requiring establishment of occupational health centers. is not readily available.

Therefore, it is suggested that on the basis of the recommendation at Serial No.2, the factories requiring (a) ambulance room (b) occupational health centers and (c) appointment of factory medical officer on retainership/part-time/full-time basis may be identified. Thereafter, efforts should be made by prevailing upon the management of such factories to establish occupational health centre as per the provisions of The Factories Act, 1948 ( Amended 1987 ) and the Rules.

13. As against suggested norm of 150 factories per inspector this figure is quite high, leaving scope for compromises on quality of inspection. Therefore efforts should be made to bring down this ratio to a more reasonable level. This can be achieved through

  • Prioritization of inspection
  • Strengthening of inspectorate

14. A number of factories in the state are employing labour on contract for undertaking various activities. As per the definition of “worker” under Section 2(l) of The Factories Act, 1948 (Amended 1987), even the contract worker is to be provided adequate safety and health in the factory premises. It is often observed that the occupier/manager of the factory tend to ignore this responsibility. It is recommended that casual/contractor workers should be given proper induction training through awareness campaign on safety, welfare and health for their benefit in the factory. It should be undertaken by Directorate of Factories in collaboration with DGFASLI.

15. At directorate level for clearing industrial projects from environmental angle, there is a provision of Site Appraisal Committee under the Chair of Directorate of Factories constituted under Section 41-A of The Factories Act, 1948 (Amended 1987). Similarly another committee also working for environmental clearance through Ministry of Environment of Forest, Govt of India/ state pollution controls board. It is therefore suggested that these committees should work in close coordination with each other in order to avoid duplication of efforts to facilitate faster clearance of industrial projects and to reduce the inconvenience to the industries and promote economic growth. In fact, as per the recommendation of the High Level Committee, constituted by Ministry of Labour to study the overlapping provisions, the Site Appraisal Committee, constituted under The Factories Act, 1948 (Amended 1987) should be empowered to give environment clearance to the initial location of industrial projects likely to be covered under The Factories Act, 1948 (Amended 1987).

16. As per the data of the department of industriesthere are about 4 lakh small-scale industrial units in the state. These units are registered with Department of Industries and Commerce and only very few of the industries looks to be covered /registered under Factories Act, 1948. The department of industries looking after the licensing, development, training, marketing and financial aspects in respect of these units. However, this department is not looking after the safety, health and welfare of workers. For educating the owner-managers as well as the workers of small scale units in the field of safety, health and productivity, a collaborative programme can be devised and implemented by the Directorate of Factories and the Department of Industries & Commerce in collaboration with DGFASLI. For this purpose, the training module developed by Central Labour Institute in collaboration with ILO could be used. If required, Central Labour Institute/ Regional Labour Institute can also be associated extensively in these efforts.

17. The Department of Health Services in the State has 4964 numbers of hospitals and dispensaries. The medical practitioners appointed in these hospitals/ dispensaries are mainly concentrating on diagnosis, prevention, control and treatment of the common diseases such as leprosy, tuberculosis, etc. It is suggested that all medical practitioners in these hospitals should also be exposed/trained in occupational health. Their extensive training in the field of occupational health will improve their skills in early detection or diagnosis of occupational diseases and will help them in recommending suitable> By this way, the status of occupational health of the workers employed in factories could be improved.

18. The Insurance Medical Services Department in the State provides the medical services to the workers covered under ESIC Act, 1948. The workers are referred to the hospitals for diagnosis and treatment. The suspected as well as confirmed cases of occupational diseases are not brought to the notice of Directorate of Factories. As a result, no case of occupational disease is reported under Section 89 of The Factories Act, 1948 ( Amended 1987 ), which is contrary to the fact. It is suggested that a programme for close coordination between ESIC, ESI Hospitals (The Insurance Medical Services Department) and Directorate of Factories should be prepared for early detection, diagnosis and prevention of occupational diseases. This will facilitate taking appropriate preventive measures by the inspectors of factories in order to eliminate or control the causative working conditions in various factories. This will improve the status of occupational health of the working >

19. In view of the few fire incidence in a shoe factory at Agra during the year 2002,which resulted in to 42 fatal injuries an effective awareness programme on control of fire incidents could be prepared in collaboration with Fire Brigade Department, Industries Association and Directorate of Factories for the occupiers/managers and workers of the factory. This programme should include, formulation of mutual aid scheme and establishments of emergency response centers in various industrial pockets of the states.

20. The extensive involvement of non-governmental organization such as Loss Prevention Association of India, National Safety Council of India, Indian society of Industrial Hygiene, etc. should also encourage to take up the activities in the field of safety and health on a large scale. This should include three tier training programmes, workshops/seminars and awareness programme wherein executives, supervisors and workers are separately trained. The need based training programme for each target group may be designed. These training programmes may be centrally funded by the Ministry of Labour, Govt. of India and other international agencies like International Labour Organization.

21. In view of the technological advancement and use of new manufacture techniques and advance machines, the law, for ensuring safety and health of the persons working in the factories is becoming more and more stringent and it is required that the effective implementation of safety measures is to be ensured at site. This situation demands for a very specific training programmes/ workshops for the officers of factory inspectorate, so that the real spirit of law is translated into action and thereby not only the work environment is protected but also the safety of workmen and material are ensured.

Therefore it is recommended that specific course for environmental protection, safety at workplace and management of hazardous substances etc. should be designed and training to be given to the officers of factory directorate.

22. Central Board for Workers Education under Ministry of Labour, Govt. of India should conduct their awareness programme in collaboration with Directorate of Factories and Regional Labour Institute should design and conduct specialised training programmes on safety and health for the workers. The programmes should also be organized for state level trade union leaders for disseminating the information about safety and health awareness culture downstream.

23. In order to review the status of safety, health and welfare in the factories and formulate action plan on the basis of findings from time to time, a tripartite state level committee on occupational safety and health should be constituted under the chairmanship of Labour Minister.

24. It is strongly recommended that the Factory Directorate of State of Uttar Pradesh must be equipped with IT update for effective data collection and data analysis in respect of health and safety

25. The directives issued by the respective government in respect of Inspector of Factories, that he has to take prior permission before inspection of any factory from the District Magistrate and other competent authorities need to be reviewed considering the sprit of the Factories Act, 1048 for the safety, health and welfare of the workers working in the factories. It may not be forgotten that an element of surprise in inspection is an effective tool for effective enforcement programmes.

References

REFERENCES

  • Statistical Diary of Economics and statistical Division Uttar Pradesh 2001
  • Factories Act, 1948 and U P Factory Rule 1950
  • ILO Code of Practice for Recording and Notification of Occupational Accidents and diseases
  • Indian Standards IS 3786 on Method for Computation of Frequency and Severity Rates for Industrial Injuries and classification of industrial accidents

annexures

ANNEXURE - I

ADMINISTRATIVE STRUCTURE OFLABOUR COMMISSIONERS ORGANISATION, HQS. ,U.P.

ANNEXURE - II

annexure

ANNEXURE-III

DIRECTOR OF FACTORIES , UTTAR PRADESH

ANNEXURE - IV

THE FACTORIES ACT, 1948 (Amended 1987)

THE THIRD SCHEDULE (See Section 89 and 90)

List of Notifiable Diseases
  • Lead poisoning including poisoning by any preparation or compound of lead or their sequelae.
  • Lead tetra-ethyl poisoning.
  • Phosphorous poisoning or its sequelae.
  • Mercury poisoning or its sequelae.
  • Manganese poisoning or its sequelae.
  • Arsenic poisoning or its sequelae.
  • Poisoning by nitrous fumes.
  • Carbon bisulphide poisoning.
  • Benzene poisoning, including poisoning by any of its homologues, their nitro or amido derivatives or its sequelae.
  • Chrome ulceration or its sequelae.
  • Anthrax
  • Silicosis
  • Poisoning by halogens or halogen derivatives of the hydrocarbons, of the aliphatic series.
  • Pathological manifestation due to:
    • a) radium or other radioactive substances
    • b) X-rays.
  • Primary epitheliomatous cancer of the skin
  • Toxic anaemia
  • Toxic jaundice due to poisonous substances.
  • Oil acne or dermatitis due to mineral oils and compounds containing mineral oil base.
  • Byssionosis
  • Asbestosis
  • Occupational or contact dermatitis caused by direct contact with chemical and paints. These are of types, that is, primary irritants and allergic sensitizers.
  • Noise induced hearing loss (exposure to high noise levels).
  • Beryllium poisoning.
  • Carbon monoxide
  • Coal miners’ pneumoconiosis
  • Phosgene poisoning
  • Occupational cancer
  • Isocyanates poisoning
  • Toxic nephritis.

ANNEXURE - V

EMPLOYEES STATE INSURANCE ACT, 1948

THE THIRD SCHEDULE

List of Occupational Diseases

PART – A

Sl. No.Occupational DiseaseEmployment
1Infectious and parasitic diseases contracted in an occupation where there is a particular risk of contamination.
  • All work involving exposure to health or laboratory work;
  • All work involving exposure to veterinary work.
  • Work relating to handling animals, animal carcasses, part of such carcasses, or merchandise which may have been contaminated by animals or animal carcasses;
  • Other work carrying a particular risk of contamination.
2Diseases caused by work in compressed air.All work involving exposure to the risk concerned.
3Diseases caused by lead or its toxic compounds.All work involving exposure to the risk concerned.
4Poisoning by nitrous fumesAll work involving exposure to the risk concerned.
5Poisoning by organphosphorus compoundsAll work involving exposure to the risk concerned.

PART – B

Sl. No.Occupational DiseaseEmployment
1Diseases caused by phosphorus or its toxic compounds.All work involving exposure to the risk concerned.
2Diseases caused by mercury or its toxic compoundsAll work involving exposure to the risk concerned.
3Diseases caused by benzene or its toxic homologuesAll work involving exposure to the risk concerned.
4Diseases caused by nitro and amino toxic derivatives of benzene or its homologuesAll work involving exposure to the risk concerned.
5Diseases caused by chromium or its toxic compoundsAll work involving exposure to the risk concerned.
6Diseases caused by arsenic or its toxic compoundsAll work involving exposure to the risk concerned.
7Diseases caused by readioactive substances and ionizing radiationsAll work involving exposure to the reaction of readioactive substances or ionizing radiations.
8Primary epithelomatous cancer of the skin caused by tar, pitch bitumen, mineral oil, anthracene or the compounds, products or residues of these substancesAll work involving exposure to the risk concerned.
9Diseases caused by the toxic halogen derivatives by hydrocarbons (of the aliphatic and aromatic series)All work involving exposure to the risk concerned.
10Diseases caused by the carbon disulphideAll work involving exposure to the risk concerned.
11Occupational cataract due to infra-red radiationsAll work involving exposure to the risk concerned.
12Diseases caused by manganese or its toxic compoundsAll work involving exposure to the risk concerned.
13Skin diseases caused by physical, chemical or biological agents not included in other items.All work involving exposure to the risk concerned.
14Hearing impairment caused by noise.All work involving exposure to the risk concerned.
15Poisoning by dinitrophenol or a homologue or by substituted dinitrophenol or by the salts of such substances.All work involving exposure to the risk concerned.
16Diseases caused by beryllium or its toxic compounds.All work involving exposure to the risk concerned.
17Diseases caused by cadmium or its toxic compoundsAll work involving exposure to the risk concerned.
18Occupational asthma caused by recognized sensitizing agents inherent to the work processAll work involving exposure to the risk concerned.
19Diseases caused by fluorine or its toxic compoundsAll work involving exposure to the risk concerned.
20Diseases caused by nitroglycerine or other nitroacid esters.All work involving exposure to the risk concerned.
21Diseases caused by alcohols and ketonesAll work involving exposure to the risk concerned.
22Diseases caused by asphyxiants, carbon monoxide, and its toxic derivatives, hydrogen sulfide.All work involving exposure to the risk concerned.
23Lung cancer and mesotheliomas caused by asbestos.All work involving exposure to the risk concerned.
24Primary neoplasm of the epithelial lining of the urinary bladder or the kidneys or the ureter.All work involving exposure to the risk concerned.

PART – C

Sl. No.Occupational DiseaseEmployment
1Pneumoconiosis caused by solerogenic mineral dust (silicosis, anthraoosilicosis asbestosis) and silico tuberculosis provided that silicosis is an essential factor in causing the resultant incapacity or death.All work involving exposure to the risk concerned.
2BagassosisAll work involving exposure to the risk concerned.
3Bronchopulmonary diseases caused by cotton, flax hemp and sisal dust (Byssinosis)All work involving exposure to the risk concerned.
4Extrinsic allergic alvoelities caused by the inhalation of organic dustsAll work involving exposure to the risk concerned.
5Bronchopulmonary diseases caused by hard metalsAll work involving exposure to the risk concerned.