In the present era of globalisation 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 project has been taken up for the state of Madhya 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) 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 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. 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 at 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 Madhya Pradesh with aim of concentrating the following categories in special reference to industrial scenario in the State.
Deals with the demographic and geographiccharacteristicof the state of Madhya Pradesh, population in different districts and major occupations of the people.
Deals with the various aspects of economic sectors in the state, their value ofproduction, employment generated and contribution to the GDP.
Deals with the different activities carried out in the manufacturing sector as per the National Industrial Code, value of production, employment generation, etc.
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.
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.
Based on the analysis of occupational injuries and diseases and the capabilities available in the state of Madhya 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 to the office of the Director Industrial Health And Safety Madhya Pradesh, the office of the Boiler Inspectorate and Office of the Labour Commissioner Madhya 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. The data related to the occupational injuries was supplied by the Directorate Of Health And Safety, Madhya Pradesh 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 because of active co-operation from various people involved with the project.
Madhya Pradesh, state in northern India, bordered by the Indian states of Rājasthān on the northwest, Uttar Pradesh on the northeast, Chhattisgarh on the east, Mahārāshtra on the south, and Gujarāt on the west. Madhya Pradesh (Sanskrit for “Central State”) is located in the geographic heart of India. It has an area of 308,209 sq km (119,000 sq mi).
Madhya Pradesh is crossed from north to south by plains separated by upland areas. The state has three main seasons: winter (November through February), summer (March through May), and monsoon season (June through September). During the winter, average temperatures range from 10° to 27°C (50° to 81°F). Summers are hot, with an average temperature of 29°C (85°F) and a high temperature that at times reaches 48°C (118°F). During monsoon season, temperatures average 19° to 30°C (66° to 86°F). Madhya Pradesh receives an average annual rainfall of about 1,200 mm (about 50 in), of which 90 percent falls during the monsoon season.
Madhya Pradesh had a population of 60,385,118 in 2001, giving it an average density of 196 persons per sq km (508 per sq mi). The capital of Madhya Pradesh is Bhopāl. Ethnic groups in Madhya Pradesh include the Gond, Bhil, Baīgā, Korku, Kol, Kamar, and Maria. Hindi is the official language, although Marathi and Urdu are also spoken. The majority of people in Madhya Pradesh practice Hinduism; there is also an important Muslim minority. In 2001, 52.2 percent of the population was literate. Universities located in Madhya Pradesh include Dr. Harisingh Gour University (founded in 1946) at Sāgar and Vikram University (1957) at Ujjain.
The mainstay of the economy of Madhya Pradesh is agriculture. The chief crops are rice, durra, wheat, pulses (legumes), groundnuts, linseed, and cotton. Among livestock raised are buffalo and other cattle, sheep, and goats. Industries include the processing of sugar and the manufacture of cotton textiles, newsprint, pottery, cement, carpets, silk, rayon, jute products, glass, steel, and electrical engineering goods. The state's cottage industries, specializing in homemade crafts, are famous; these products include the elaborate Chanderi sari, toys, pottery, decorative wax ware, woodwork, and metal utensils.
Madhya Pradesh is allowed a bicameral (two-chamber) legislature by the constitution of India, but its lower house, the Vidhan Sabha (Legislative Assembly), is the only operating chamber, with 230 elected members. The state sends 40 representatives to the national parliament: 11 to the Rajya Sabha (Council of States) and 29 to the Lok Sabha (House of the People). The state has 48 local administrative districts.
Early inhabitants of the region that is now Madhya Pradesh include the Bhil and Gond, who practiced nomadic farming. Invaders to the area included Rajputs, Muslims, and Marathas. By the 4th century bc the state of Avanti, part of the Mauryan Empire and a center for Buddhism, was created. The state of Malwa was created from Avanti and eventually developed into a kingdom under the Khalji dynasty in the 15th century. By the mid-16th century the kingdom was annexed to the Mughals. The Marathas conquered Malwa in the 1700s after the decline of the Mughal Empire. From 1817 to 1818 the Marathas fought the British, eventually losing the area to them. After 1820 and until India’s independence in 1947, the region was occupied by the British and was known as the Central Provinces and Berar. In 1950 the state of Central Provinces and Berar was renamed Madhya Pradesh. The borders of Madhya Pradesh were redrawn when the States Reorganization Act of 1956 combined several former states to bring together the Hindu-speaking districts of the area. This change made Madhya Pradesh the largest state in India in terms of territory. In November 2000 Madhya Pradesh was one of three states to have its borders redrawn as part of a national plan to create smaller, more manageable administrative units. Its elongated eastern portion, or about 30 percent of its territory, became the state of Chhattisgarh.
Ref: Microsoft® Encarta® Reference Library 2003. © 1993-2002 Microsoft Corporation.
2.1.PHYSICAL AND GEOGRAPHICAL STRUCTURE
The adjoining states of Madhya Pradesh are Maharashtra, Gujrat, Rajasthan, Uttar Pradesh and Chattisgarh. Most of the area of the state is plane and the main crops are Wheat, Rice, Cereal, Pulses, Oil Seeds, and Sugarcane. The area under state forest is 8.55 Lakhs hectares producing timber, fuelwood, bamboo, resin and tendu leaves. The main rivers of the state is Narmada.
2.1.1 Land area
The Land area of Madhya Pradesh State is 308 Thousand sq. km which is about 9.37 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 - 1
FOREST LAND AREA AND AGRICULTURAL AREA (2000-01) (In lakh hectare)
|Land Use||Madhya Pradesh||India||Percentage Share of MP In India|
|Net area sown||147.7||1420||10.4|
|Net Irrigated Area||41.35||546||7.57|
Source :- MP Government Diary, 2002
The State has a legislative assembly of members 230. The state is also represented by 29 Members of Parliament in Lok Sabha and 11 Members of Parliament in Rajya Sabha at central. The State is divided into 48 administrative districts. These districts are further subdivided in 268 Tahsils, 392 Towns, 313 Development blocks. Which covers 55392 villages, and 22029 Gram panchyats.The Hon'ble High Court of the state is situated at Jabalpur.
2.2 DEMOGRAPHIC CONTEXT
As per the records of Census 2001, the total population of Madhya Pradesh is about 60.38 millions which is about 5.9 percent of the total population of the country. The density of population in the State is about 196 persons per sq. km. The male female ratio of the state is 920 female per thousand males. The percentage growth of population in the State is 24.34%, in comparison to the 1991-2001 decade.The rural population is about 73.33%. Total population of the state includes 15.25%* Schedule Caste, 19.94%* Schedule Tribe, 31.36% main workers. (* Figures as per 1991 Census)
The State official language of the State is Hindi. A good number of people speak Marathi & Urdu.
2.2.3 Birth rate**
The State has combined birth rate of 31.1 against 26.1 for the whole country.
2.2.4 Death rate**
The State has combined death rate of 10.4 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 90 against 70 for the whole country.
2.2.6 Literacy rate**
Madhya pradesh has a literacy rate of 64.1 percent of India. The male literacy rate is 76.80 % and female literacy rate is 50.28%. Similar figures for all India are 64.4%, 75.8% and 54.2% respectively. The rural literacy rate is 58% and the urban literacy rate is 79.7% of the state against all India figure of 59.4 and 80.3% respectively
|S.No.||Detail||No. of persons|
(** Source M P State Diary, Year 2002)
From above table it appears that the unemployment is big problem in the state. Out of the 25756485 persons 6678917 persons are under employed. The total workers population (Main)is about 37.7% of the total population of the state.
As per census of India 2001 there are 37.7% are engaged in different sectors including manufacturing sector of the total population of the state against 34.1% of the whole country.
The state is having 57 employment exchanges. During the year 1999, 413 thousand people have registered themselves for employment. Out of total employment 36 thousand people has been given employment. As per the existing record, about 1810 thousand people have registered themselves for employment.
2.2.9 Per-capita income
The per capita income of the State is Rs.7003 at 1993-94 base and as per current price per capita income is Rs.10803.
2.3 ECONOMIC SCENARIO
The sectoral distribution of the state income during 1999-2000 was 65554.95 crores against 45744 crores during 1993-94.
Sectoral distribution of the state income (1999-2000)
|Sector||At Current Price|
|Agriculture and Animal Husbandry||22174.98|
|All Primary sub sectors (Forestry and Logging, Fishing, and Mining)||3996.32|
|All Secondary sub sectors (Construction, Electricity, Gas and water supply)||13038.42|
|Other sub sectors (Transportation, Communication, Trade, Finance and Banking, Public Administration Railways etc.)||12703.75|
|Banks, Insurance and Financial Establishments||5481.91|
|Government Administration and other services||8159.58|
|TotalSource :- Statistical diary of M P||65554.95|
The main crops of the state are Wheat, Rice, Sugarcane, Pulses, Cereals, Oil seeds and Rice. The net sown area is about 150.88 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., The percentage share of all these crops of the state and its comparison with India is shown as: 34.4, 38.6, 42.0, 19.4, 21.8, 6.2, and 14.4 percent respectively.
|Production of main Crops||Year||Madhya Pradesh(in lakh .Ton)||India(in lakh Ton)||% Share of MP in India|
|Jwar,Bajra & Maize||2000-2001||19.94||*||*|
|Total Food Grain||1999-2000||160.0||2089||07.66|
Source :- Madhya Pradesh,Diary 2002 *Figures not available
22.214.171.124Contribution to State income:
As per the economic survey carried out during 1998, there are 1593342 Industrial units (Registered/ Unregistered, Small scale, Home work, Agriculture etc.) which includes 844158 Rural units and 749184 Urban units. The total working population in these units is 3926842 which includes 1661160 Rural and 226568 urban population.
126.96.36.199 The area under cultivation:
During the year 1999-2000, the actual agricultural land use pattern in Madhya Pradesh waw as follows:
|Net area sown||151 lakhs Hectares|
|Area sown more than once||53 lakhs Hectares|
|Total cropped area||204 lakhs Hectares|
188.8.131.52.Area under irrigation:
During the year 1999-2000 Net irrigated area was 56 lakh hectares. The major sources of irrigation are Tube Well and canal.
184.108.40.206. Electricity generation and consumption
The electricity generation capacity of the state during 1999-2000 was 2900.5 Megawatt. The total consumption of electricity is 183160 Killo watt hour.The details of consumption is as below-
|Sector||Consumption (In Kwh )||Percentage|
The above table indicates that nearly 50% electricity is consumed in Agriculture sector followed by 30% in industrial sector.
2.3.2 Manufacturing Sector
The manufacturing sector is the third largest economic sector contributing nearly 25% of 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 unorganized sector. Other sectror contribution in state income are, Transportation, communication sales and other services as 42.72% followed by Agricultural income as 32.67% .
The manufacturing is one of the very important economic sectors in the State of Madhya 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.
3.1.1 Working Factories:
In the State of Madhya 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 12104factories in the State.
It is evident from the table No 6 that sector manufacturing food product is having largest number of factories the total number of such factories are 3701 which is about 30.5%of the total number of factories of the state. Manufacture of wood and wood products, furniture and fixtures is the second largest sector having 2750 factories and third largest sector is manufacture of non mineral metallic products.
Under the provisions of the Central Act and under Special notifications issued by the State Government defence factories are exempted from submission of annual returns. However it has been noticed that very few factories are submitting the Annual Return. Non-receipt of annual returns by the factories is a serious problem, which restrict the Directorate of Industrial Health and Safety and other agencies for better planning in the field of industrial safety & health. Insufficient information may mislead the policy makers.
Distribution of Factories as per NIC Code
|NIC CODE(1987)||DESCRIPTION||NO OF FACTORIES||PERCENTAGE|
|200-219||Manufacturing of food products||3701||30.50|
|220-229||Manufacture of Beverages,tabacco and other related products||126|
|230-236||Manufactures of cotton textiles||379||3.10|
|240-248||Manufactures of wool, silk and man made fibre textiles|
|250-259||Manufacture of Jute and other vegetable fibre textile (except cotton)|
|260-269||Maufacture of textile products (including wearing apparel)||60||0.50|
|270-279||Manufactures of woods and wood products; furniture and fixtures||2750||22.60|
|280-289||Mfg.of paper, paper products; printing and publishing & allied industries||188||1.55|
|290-299||Manufacture of leather and products of leather, fur and other substitutes of leather||135||1.10|
|300-309||Mfg.of basic chemicals & chemical products (except products of petroleum & coal)||609||5.50|
|310-319||Mfg. of Rubber, Plastic, Petroleum and coal products; Processing of Nuclear Fuels||277||2.25|
|320-329||Manufacture of non-metallic mineral products||925||7.60|
|330-339||Basic metal and alloys industries||480||3.95|
|340-349||Manufacture of metal products and parts, except machinery and equipment||454||3.70|
|350-369||Manufacture of machinery and equipment other than transport equipment||143||1.18|
|370-379||Manufacture of transport equipment and parts||141||1.15|
|380-389||Other Manufacturing Industries||338||2.75|
|390-399||Repair of Capital goods||0||0|
|400-439||Electricity, Gas and Water||188||1.55|
|740-749||Storage & warehousing services||160||1.30|
3.1.2 Employment in registered factories:
As per NIC Code (1987), employment details in the manufacturing sector comprising of registered factories. given in table-7
|NIC CODE (1987)||Description||Average No. of persons employed||Percentage(%)|
|220-219||Manufacturing of food products||103823||15.60|
|220-229||Manufacture of Beverages,tabacco and other related products||7600||1.13|
|230-236||Manufactures of cotton textiles||107843||16.30|
|240-248||Manufactures of wool, silk and man made fibre textiles|
|250-259||Manufacture of Jute and other vegetable> textile (except cotton)|
|260-269||Maufacture of textile products (including wearing apparel)||7994||1.18|
|270-279||Manufactures of woods and wood products; furniture and fixtures||31272||4.63|
|280-289||Mfg.of paper, paper products; printing and publishing & allied industries||22812||3.38|
|290-299||Manufacture of leather and products of leather, fur and other substitutes of leather||9740||1.44|
|300-309||Mfg.of basic chemicals & chemical products (except products of petroleum & coal)||59358||8.80|
|310-319||Mfg. of Rubber, Plastic, Petroleum and coal products; Processing of Nuclear Fuels||24872||3.68|
|320-329||Manufacture of non-metallic mineral products||69380||10.28|
|330-339||Basic metal and alloys industries||46281||6086|
|340-349||Manufacture of metal products and parts, except machinery and equipment||22896||3.39|
|350-369||Manufacture of machinery and equipment other than transport equipment||13670||2.03|
|370-379||Manufacture of transport equipment and parts||20970||3.11|
|380-389||Other Manufacturing Industries||38766||5.74|
|390-399||Repair of Capital goods||0||0|
|400-439||Electricity, Gas and Water||20726||3.07|
|740-749||Storage & warehousing services||3827||0.57|
Manufacture of Cotton textile, wool and silk is largest employing number of persons 1,07,843. It represents 16.30%of the total workforce employed in factories. Manufacturing of food products is the second largest sector employing 1,03,823 workers and Manufacture of non-metallic mineral products is the third largest sector employing 10.28% of the total workforce in the organized sector.
The state of Madhya Pradesh has 12,104 number of registered industries covered under The Factories Act, 1948 (Amended 1987) during the the year 2003 . In the year 2002-2003 there are 2016 reportable accidents in these factories. Out of which 45 are fatal and 1971 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 685 non-fatal and 37 fatal accidents were analyzed to know the trend of fatal and non-fatal injuries in various types of industries.
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 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 officers of the Directorate of Industrial Health and Safety, Madhya Pradesh invariably investigate all fatal accidents and significant non-fatal accidents and all instance of fire in detail. 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 but to emphasize the implementation of safe practices as well. Apart from this, the management is also advised 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. An accident analysis data since 1997-98 to 2003-2004 is given in the table-8.
|YEAR||NO. OF ACCIDENTS|
During the year 1997-98 there have been 60 fatal accidents and 7200 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 60 to 45 in case of fatal accidents and from 7200 to 1921 in case of non-fatal accidents and in 2002-2003.
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 above indicate a positive decline over a period of five years since, 1997-98.
4.1 FATAL INJURIES
Fatal injuries in the state of Madhya Pradesh as per the information collected from Directorate Industrial Health and Safety, MP, and accident report submitted by the factories for theyear 2002-2003 are 45. The 45 fatal injuries from 37 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 injury wise, location of injury wise, sex and age wise.
4.1.1 INDUSTRY WISE
Of the total fatal injuries analyzed, 12 accidents were in other manufacturing industries which comes to be about 32.4%% of the total accidents. In this type of industry one accident there were as much as 8 fatal injuries. In the industry involved in Manufacture of Beverages, Tobacco and Related products there were 6 which is about 16.20% of the accidents. The detailed industry wise accidents are given in the Table–9
|NIC Code||Description||No. Of Accidents||Percentage Of The Accidents Against Total Accidents|
|220-219||Manufacturing of food products||1||2.70|
|220-229||Manufacture of Beverages, Tobacco and Related Products||6||16.20|
|230-236||Manufacture of Cotton Textiles||2||5.4|
|240-248||Manufacture of wool, silk and manmade fibre textiles|
|250-259||Manufacture of jute and other vegetable fibre textile (except cotton)|
|260-269||Manufacture of textile products (including wearing apparel)||-||-|
|270-279||Manufacture of wood and wood products; furniture and fixtures||_||-|
|280-289||Mfg. of paper and paper products and printing, publishing & allied industries||2||5.4|
|290-299||Manufacture of leather and products of leather, fur & substitutes of leather||_||_|
|300-309||Mfg.of basic chemicals & chemical, products(except products of petroleum and coal)||2||5.4|
|310-319||Mfg. of Rubber, Plastic, Petroleum and Coal Products; Processing of Nuclear Fuels||1||2.7|
|320-329||Manufacture of non-metallic mineral products||2||5.4|
|330-339||Basic metal and alloys industries||2||5.4|
|340-349||Manufacture of metal products and parts, excepts machinery and equipment||1||2.7|
|350-369||Manufacture of machinery and equipment other than transport equipment||1||2.7|
|370-379||Manufacture of transport equipment and parts||1||2.7|
|380-389||Other Manufacturing Industries||12||32.4|
|390-399||Repair of Capital goods||-||-|
|400-439||Electricity, Gas and Water||3||8.1|
|740-749||Storage & warehousing services||-||-|
4.1.2 Cause wise :
The analysis of the 37 fatal injuries during the year 2002 shows that about 29.72% Of the total accidents are caused as the workers faced the exposure or the contacts with the Electricity. The severity rate of electrical accidents are always higher and these can be easily averted if basic rules of Electrical Safety are followed, About 21.62% of the accidents have been occurred wherein the workers are fallen from the height. Third major cause of the accident is person getting struck against and caught in between moving or stationary part jointly.
|Code||Type of Accident||No. of accidents||Percentage of the accidents against total accidents|
|10||Fall of persons||8||21.62|
|11||Fall of objects||2||5.4|
|12||Stepping, striking, struck against||5||13.51|
|13||Caught in between objects||5||13.51|
|15||Expo. to or contact with extreme temp.||1||2.70|
|16||Expo. to or contact with electric objects||11||29.72|
|17||Expo. to or contact with harmful subs.||1||2.70|
4.1.3 Agency wise:
In terms of the agency involved in the fatal injuries it may be seen from the table that out of 20 agencies, about 22% of the fatal injuries have occurred due to the other agencies and 19% due to other material and substances respectively followed by the accidents on machines. Details of agency wise fatal accident are given in table-11
|Code||Agency||No. of accidents||Percentage of the accidents against total accidents|
|203||Metal working machine||-||-|
|204||Wood & Associated m/c||-||-|
|213||Other wheeled Means of Trans.||2||5.41|
|219||Other means of trans.||2||5.41|
|226||Tools, implements & appliances||-||-|
|227||Ladders, mobile ramps||-||--|
|232||Dust, gases, liquid & chemicals||2||5.41|
|239||Other materials & subs.||1||2.7|
4.1.4 Nature wise:
Nature of injury analysis of the fatal injuries shows that 13% of the fatal injuries are due to multiple injuries of different nature and 9% due to effects of electrical currents The Table -12 shows the nature-wise fatal injuries.
|Code||Nature Of Injury||No. Of Accidents||Percentage Of The Accidents Against Total Accidents|
|325||Sprains and strains||-||-|
|330||Concussions & other internal injury||5||11.36|
|355||Contusions & Crushings||5||11.36|
|382||Effects of electrical currents||9||20.45|
|390||Multiple injuries of different nature||13*||29.55|
|399||Others and unspecified injuries||4||9.09|
Multiple location injuries contributed to 40.90% of the fatal accidents, followed by 10% injuries in unspecified locations The fatal general injuries are 5 in number which works out to be 11.36%. The location wise injury is shown in Table – 13
|Code||Nature Of Injury||No. Of Accidents||Percentage Of The Accidents Against Total Accidents|
|49||Unspecified locations of injury||10||22.72|
*More number of casualties in one incident.
4.1.6Age and Sex wise:
Total 44 no. of people have met with fatal accident although the number of incidences were 37 which clearly says there are certain accidents where more than one person has met with fatality. All the victims were male and insured. 65.90% of the people sustaining fatal injuries were in the age of 18 to <36 years, 15.91% were in the age group of 36 to< 51 years and 4.55% were from the age group of 51 to <61. There were as many as 13.64% people whose age was not mentioned in the accident report. Table – 14A gives age and sex wise injuries.
|Sex||No. of accidents||Percentage Of The Accidents Against Total Accidents|
INSURED/UNINSURED FATAL INJURIES
|Insured/Uninsured||No. of accidents||Percentage of the accidents against total accidents|
AGE WISE FATAL INJURIES
|Code||Age||No.of accidents||Percentage of the accidents against total accidents|
|C||18 to < 36||29||65.90|
|D||36 to < 51||7||15.91|
|E||51 to < 61||2||4.55|
|F||61 & above||-||-|
4.2 NON FATAL INJURIES
A total number of 1971 non-fatal occupational injuries have been reported by the industries in the state of Madhya Pradesh. A sample of 685 was taken and analyzed. The >
The industry-wise analysis of non-fatal injuries shows that 26.60% of the accidents are in the manufacture of cotton textile, manufacture of wool, silk & man made fibre and jute manufacturing industry jointly and 13.24% are in the industries manufacturing machinery and equipments other than transport equipments. 88 number of accidents has been reported in manufacture of basic chemicals & chemical products (except products of petroleum and coal) which is 12.85% of the total accidents as given in Table-15
INDUSTRY-WISE NON - FATAL INJURIES
|Nic Code||Description||No. Of Acidents||Percentage Of Accidents Against Total Accidents|
|220-219||Manufacturing of food products||17||2.48|
|220-229||Manufacture of Beverages, Tobacco and Related Products||24||3.50|
|230-236||Manufacture of Cotton Textiles||182||26.60|
|240-248||Manufacture of wool, silk and man-made fibre textiles|
|250-259||Manufacture of jute and other vegetable>|
|260-269||Manufacture of textile products (including wearing apparel)||2||0.3|
|270-279||Manufacture of wood and wood products; furniture and fixtures||-||-|
|280-289||Mfg. of paper and paper products and printing, publishing & allied industries||35||5.11|
|290-299||Manufacture of leather and products of leather, fur & substitutes of leather||-||-|
|300-309||Mfg.of basic chemicals & chemical products(except products of petroleum and coal)||88||12.85|
|310-319||Mfg. of Rubber, Plastic, Petroleum and Coal Products; Processing of Nuclear Fuels||-||-|
|320-329||Manufacture of non-metallic mineral products||81||11.82|
|330-339||Basic metal and alloys industries||5||072|
|340-349||Manufacture of metal products and parts, excepts machinery and equipment||57||8.32|
|350-369||Manufacture of machinery and equipment other than transport equipment||90||13.24|
|370-379||Manufacture of transport equipment and parts||58||8.47|
|380-389||Other Manufacturing Industries||20||2.92|
|390-399||Repair of Capital goods||-||-|
|400-439||Electricity, Gas and Water||11||1.61|
|740-749||Storage & warehousing services||-||-|
4.2.2 Cause wise :
The analysis of the 685 non fatal injuries shows that about 25.35% of the total accidents are caused when the workers were struck against the moving / stationary parts of machine/tools etc and 19.41% of the accident are caused wherein the workers are caught in between the moving parts of the machine while oing repair and maintenance work. About 18.10% of the accidents have occurred because of the falling of objects over them.
|Code||Type Of Accident||No. Of Accidents||Percentage Of The Accidents Against Total Accidents|
|10||Fall of persons||123||17.95|
|11||Fall of objects||124||18.10|
|12||Stepping, striking, struck against||173||25.35|
|13||Caught in between objects||133||19.41|
|14||Over exertions or wrong movement||14||2.04|
|15||Expo. to or contact with|
|16||Expo. to or contact with|
|17||Expo. to or contact with|
4.2.3 Agency wise:
Out of number of 20 agencies it is seen from the table>
|Code||Agency||No. Of Accidents||Percentage Of The Accidents Against Total Accidents|
|203||Metal working machine||1||0.15|
|204||Wood & Associated m/c||-||-|
|213||Other wheeled Means of Trans.||44||6.42|
|219||Other means of trans.||8||1.17|
|226||Tools, implements & appliances||53||7.74|
|227||Ladders, mobile ramps||20||2.92|
|232||Dust, gases, liquid & chemicals||35||22.63|
|239||Other materials & subs.||155||22.63|
4.2.4 Nature wise:
Nature of injury analysis of the nonfatal injuries shows that 24.20% of the nonfatal injuries are due to others and unspecified injuries followed by 18.98% accidents due to concussions & other internal injuries and 17.69% due to contusions & crushing as given in Table-18.
|Code||Nature Of Injury||No. Of Accidents||Percentage Of The Accidents Against Total Accidents|
|325||Sprains and strains||24||3.50|
|330||Concussions & other internal injury||130||18.98|
|355||Contusions & Crushing||121||17.69|
|382||Effects of electrical currents||8||1.17|
|390||Multiple injuries of different nature||21||3.07|
|399||Others and unspecified injuries||165||24.21|
Upper limb, lower limb and injuries at head are the main locations where the injury has occurred and the percentage of injuries to these locations are 1.02%, 26.58% and 11.82% respectively.
|Code||Nature Of Injury||No. Of Accidents||Percentage Of The Accidents Against Total Accidents|
|49||Unspecified locations of injury||23||3.36|
4.2.6 Age and Sex wise:
Of the injured 98.39% persons were male and 1% female. Injuries were high (46.28%) in the age group of 18-35, followed by 40.87% in the age group of 36-50, 9.93% in the age group of 51-60. There were 2.92% cases where the age of the victim was not mentioned. About 97.37% of the persons were insured and 2.63% uninsured. The Table No.20A to 20C gives the details of injuries age and sex wise.
TABLE – 20A
|Sex||No. of accidents||Percentage of the accidents against total accidents|
|Insured/Uninsured||No.of accidents||Percentage of the accidents against total accidents|
|Code||Age||No.Of Accidents||Percentage Of The Accidents Against Total Accidents|
|C||18 to < 36||317||46.28|
|D||36 to < 51||280||40.87|
|E||51 to < 61||68||9.93|
|F||61 & above||-||-|
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 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 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 Industrial Health and Safety.
This scheme is implemented under E S I Act ,1948 in those factorises and other establishments where number of workers are 10 in case of power driven factories and more than 20 in case of non –power driven factories. The benefits like medical treatment for self and family, maternity benefits, compensation, rehabilitation etc. are given to the workers covered under the scheme.
In the state of Madhya Pradesh there are 7(642 beds) hospitals,5 General hospitals, 1 TB hospital,1 annexe ward,50 dispensaries including a mobile one and 3 panel clinics . Number of insured people under the scheme in Madhya Pradesh is 255400 as on 31-3-2002. Number of patients treated in ESI Hospitals/Dispensaries is given in the table>
No. of Patients treated in ESI Hospitals/Dispensaries
|No. of patients admitted||Percentage of Beds occupied||No. of patients treated|
|3||2002-03 (Upto Dec)||10138||364||47||43||646461||843133|
Following allopathic hospitals and dispensaries exists in the state of Madhya pradesh.
|Sl. No.||Type of Medical facility||Number of Hospital/Dispensaries||Number of beds|
|2||Urban Civil Hospital||57||2899|
|3||Community Health Center||229||6884|
|4||Urban civil Dispensary||97||-|
|5||Primary Health Center||1193||1563|
From the above table, it may be seen that there are 1612 Allopathic hospitals/ health centers/dispensaries having 18928 beds. In addition, there are 8741 sub-health centres in the State.
The slate pencil are small rods of rectangular cross section made out of sedimentary rocks rich in free silica. There are 178 registered factories employing 1583 persons. In addition a very large number of unregistered factories /homework units, involving numerous workers including their family members engaged in such operation. In a survey conducted by officers of health department of Madhya Pradesh identified 530 cases of silicosis till may 2001. It has also been reported that 366 persons have died due to silicosis between 1986 and 2000. The concentration of the dust near cutting machines is higher than any other operation like pencil sharpening and packaging etc.
As per the G O No 1427510-16-A of the M P Workmen’s Compensation Act Occupational Disease Rule1963 the Government of Madhya Pradesh has framed a Board under Rule 4, to carry out the medical examinations of the workers working in the slate pencil units of Mandsore .
This medical board comprises of the following members :
1. Civil Surgeon Mandsore District Hospital
2. Radiologist Govt Hospital Mandsore
2 Medical specialist Civil Hospital Mandsaure
The board will carryout the following activities-
This board has been constituted in the year 1985 to look after the welfare of the workers working in the slate pencil units of Madhya pradesh. This board carries out the following welfare activities
|Year||Widow Assistance||Scholarship to dependents|
|Benefited Women||Amount||Benefited Students||Amount|
.Number of workers died due to silicosis are given in the following table>
|Number of workers died||27||22||29||15||28|
*Figures from 1999 onwards were not available.
It was noted that the Silicosis Board had identified 530 cases of Silicosis. It is however observed that no other medical practitioner has reported any other case of occupational diseases inspite of the responsibilities laid upon them under the provisions of section 89 of the Factories Act 1948.
This chapter 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 break-up of which according to factories registered under section 2(m), section 85 of the Factories Act, 1948, is not available. 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 this chapter :-
There are certain statutory requirements as provided under The Factories Act, 1948, and Rules framed there under, for each of the aspects stated above. Items 6.6 to 6.9 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.
The provision for the preparation of Health & Safety Policy is mandatory for factories covered under section 2(cb) and declared to be dangerous under section-87 of The Factories Act, 1948 and factories employing more than 50 workers. The rule in this regard has been incorporated by Madhya Pradesh Government in Rule-126 of the M.P. factories Rules,1962. under section 7-A(3) and section 41-B(2) of The Factories Act, 1948. The provisions regarding the contents, as to what the policy specifically deal with have been clearly spelt in these rules. The managements of such factories have been directed by the Directorate of Health and Safety to formulate their Health and Safety Policies as per statutory requirements. All MAH installations in the State of Madhya Pradesh have formulated their Health & Safety Policy on priority basis.
Under section 40-B of The Factories Act, 1948, and M P Factories Rule 72 , the qualifications, duties and other service conditions of the Safety officers to be appointed in the factories are stipulated. The State Government by subsequent notification required the occupiers of the factories employing 1000 or more workers to appoint requisite number of Safety Officers.It is also required that the occupiers of factories covered under Madhya Pradesh, Control of Industrial Major Accident hazard (CIMAH ) rules,1999 & plants manufacturing Sulphuric acid employing less than 1000 workers and wherein involvement of risk of bodily injury, poisoning or disease or any hazard to health may occur, will employ one Safety Officer.
|No. of Factories||No. of factories requiring appointment of Safety Officer||No. of Safety Officer required to be appointed||No. of factories where Safety officers are appointed||No. of Safety Officers appointed|
|Having more than 1000 workers [Under Section 40-B(I)]||50||63||49||62|
|Having less than 1000 workers [Under Section 40-B(II)]||51||51||46||46|
Rule 73-I of the M P Factories Rules, 1962 framed under the provisions of Section 41 and 41-G of The Factories Act, 1948, require constitution of Safety Committee in the factories meeting the following criteria:-
The records regarding number of factories requiring to form the safety Committees and the number of factories which have already formed it are not available, however it was learned that all the MAH installations in the state of M P have constituted their Safety Committees.
As per the 131-A of the Madhya Pradesh Factory Rules, 1950 framed under the Section 41-C of The Factories Act, 1948, Occupational Health Centres are required to be set up in the Factories carrying out ‘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 – 200 workers and employing more than 200 workers. No information is available regarding number of factories requiring Occupational Health Centres and the no of Factories which have established such centres.
This part of the 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, stipulates that any factory employing more than 500 workers is required to employ a Welfare Officer. The State Government has also incorporated in M P Factories Rule 1962 ( Rule 88 to 91). wherein age, qualification, duties and responsibilities and other service conditions are prescribed.
In order to control the major accidents in the State, factories prone to major accident hazards have been identified on the basis of the M P. Factories, Control of Industrial Major Accident Hazard (CIMAH) Rules, 1999 under section 41-B ofThe Factories Act, 1948 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 60 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 Directorate of Industrial Health and Safety. Thereafter 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 it has also been made essential for the factories to rehearse the On Site Emergency 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 remove 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.
As per the provisions of M.P. Factories, Control of Industrial Major Accident Hazard (CIMAH) Rules, 1999 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.
All the On Site 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 to not only control the major accidents, but to mitigate the effect in the event of any catastrophe, which includes:
It is noted that out of 60 MAH Installations, the occupiers of the 60 factories have submitted their on site emergency plans to the Factory Directorate.
6.7.1 Notification of Site
As per the provisions of M P Factories Control of Industrial Major Accident Hazard (CIMAH) Rules,1999, 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 is required to submit the Notification of Site in Schedule-7 specified in the rule. As per the information available 60 factories are required to notify the site in respect of their industrial activities and all factories have submitted their notifications to Directorate of Industrial Health and Safety,MP.
6.7.2 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.
As per the information available 17 no. of units were required to prepare Safety Reports. However, 16 units have prepared the Safety Report and submitted to the Director of Health and Safety.
Safety audit is a statutory requirement under the Manufacture, Storage and Import of Hazardous Chemical, Rules (MSIHC) 1989 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 & critically assess the existing safety programmes to prevent & control the hazards in the plant with a view to suggest improvement . The benefit of safety audit is to evaluate the quality & effectiveness of the safety programme, rather than only quantitative measures of its failure.
The specific objectives of the safety audit would be :-
The overall methodology of safety audit will consist the following stages :-
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 E.P.Act,1986 and The M P. Control of Industrial Major Accident Hazard (CIMAH) Rules,1999 under The Factories Act,1948.
As per IS-14489-1998 some of the relevant points observed during safety audit are being listed below:
During the year 2002, all the 17 MAH Installations identified under Rule 10(G) had conducted the safety audit. The reports of such audits are being sent to Directorate of Health and Safety. The recommendations pointed out by the auditor, are being enforces by directorate by issuing the directions/guidelines from time to time within stipulated period. In addition to above MAH installation 43 other units have also conducted Safety Audit of their plants.
The Madhya Pradesh Control of Industrial Major Accident Hazards(CIMAH) Rules, 1999 under The Factories Act, 1948 clearly indicates that under Rule13 or sub-rule (2) of this rule 14(3),the District Magistrate or the District Emergency Authority shall provided with the information for preparation of the Off Site emergency Plan by the occupier,
The Madhya Pradesh Government has constituted the State Crisis Group. The Government has also District crisis group and Local crisis Groups respectively for the district having Major Accident Hazard Installations.
The Chief Secretary of the Madhya Pradesh Government is the ex-officio chair person of the State Crisis Group. Which is the apex body of the government of M.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.
The State crisis group
|3.||Principal Secretary, Awas and Paryavaran||Member|
|4.||Principal Secretary Health & Medical Education Department||Member|
|5.||Principal Secretary Commerce and Industries||Member|
|6.||Secretary Public Health Engineering||Member|
|7.||Chairman State Pollution Control Board||Member|
|8.||Industrial Safety and Health related 4 Experts||Member|
|a.||Executive Director, Disater Management Institute, Bhopal||Member|
|b.||Executive Director. B H E L, Bhopal||Member|
|c.||General Manager Indian Oil Corp[oration(Bottattilng Plant),Bhopal||Member|
|d.||Government Engineering College Prof. And HOD (Chemical Engg)||Member|
|9.||Principal Secretary Transport||Member|
|10.||Director Industrial Health and Safety||Member|
|11.||Chief , Fire Department||Member|
|12.||Director General Police||Member|
|13.||Representative from Industries ,(Nominated by the State Government)||Member|
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. District crisis groups of all the districts have been constituted according to the Schedule 7 under Rule 8 of the Chemical Accidents( Emergency and Planning, Preparation and Response ) Rules 1996.Similarly Local crisis groups have also been constituted as per Schedule 8 under Rule 8 of the Chemical Accidents( Emergency and Planning, Preparation and Response ) Rules 1996.
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 Madhya 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
There were 45 districts in the state of M.P. in the year 2002. Subsequently the government declared the formation of three new districts thereby the number of districts have increased to 48.Out of 48 districts the crisis groups have been constituted in 46 district and the process of constitution the same is in progress.
The MAH installations are situated in only 19 district which require the preparation of Off Site Emergency Plan.18 Off-site Emergency plans are already prepared and the remaining one is under progress. The On-site Emergency Plan for all the MAH installation have been got prepared and updating of these plans is being after every two years. To carry out this task steps are being taken by organising various meetings, seminars and by issuing the guidelines to the Management.
It is also been emphasized that management should be vigilant enough to prepare the plans as an effective tool to deal with the various emergency situations and not only fulfilling the legal requirements.
Industrial Hygiene Laboratory established at the Head quarter of Directorate of Industrial Health and Safety Indore durind1986. During the year 1988 the equipments were provided through The Directorate General Factory Advice Services and Labour Institute Bombay. Since than this laboratory have been monitoring the work environment during the surveys conducted independently, in the factories in order to secure compliance of section 41-F of The Factories Act, 1948. 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 analysed 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). In case the concentrations of the hazardous substances are above the threshold limit the management is directed to do the needful in order to safeguard the workers form the exposure.
In addition to carry out above works the laboratory is also arranging to carry out the Eye Examination of the crane operators and other workers according to the type of their employment.
DETAILSOF WORK DONE BY INDUSTRIAL HYGIENE LABORATORY-Madhya Pradesh
|S.No||Year||Samples of Harmful Substances and their Analysis in Laboratory|
|No of Samples||Result of Analysis||No of Samples||Result ofAnalysis||No of Samples||Result of Analysis||No of Samples||Result ofAnalysis|
|Within limit||Above limit||Within limit||Above limit||Within limit||Above limit||Within limit||Above limit|
Upto Dec 03
EXAMINATON OF HARMFUL SUSTANCES AT THE WOKPLACE WITH THE HELP OF THE EQUIPMENTS AND THEIR RESULTS
|Sr.No||Year||Chlorine||Carbon mono oxide||Other Flammable gases and Vapours||Total 76|
|No of Samples||Result of Analysis||No of Samples||Result of Analysis||No of Samples||Result of Analysis||No of Samples||Result of Analysis|
|Within limits||above limit||Within limits||above limit||Within limits||above limit||Within limits||above limit|
|4.||02-03 Upto Dec 03||07||07||-||-||-||-||118||116||02||208||199||09|
EXAMINATON OF LEVEL OF ILLUMINATION AND NOISE AT THE WOKPLACE WITH THE HELP OF THE EQUIPMENTS AND THEIR RESULTS
|No of Samples||Result of Analysis||No of Samples||Result of Analysis||No of Samples||Result of Analysis|
|Within limits||above limit||Within limits||above limit||Within limits||above limit|
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 Madhya 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 was limited only to the information available in the annual returns and accident reports. Detailed analysis in the areas related to functioning of Safety Committees, availability of safety reports, crèches, etc. as per the provisions of the Factories Act 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 a 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 :
1. There are 12104 registered factories under Factories Act 1948,out of which some factories are covered under section 2(cb)and Section 87 of the Factories Act 1948.It was informed that few factories are sending annual returns. As 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. It is also recommended that the occupier/manager of the factories should be asked to submit complete details in the annual returns. Non compliance with such provisions can be brought to the notice of the occupier by issuing notice by the inspecting officials.
As the annual returns are not being sent by the occupiers, complete details of the factory about employment of male / female workers, NIC code of the factory etc. are not updated. It is therefore recommended that complete data must be obtained before issuing/renewing license to the factory.
2.. It was informed that it was 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 the M P Factories Rules should be amended to include following additional information:
3. During the year 2002, there was one incident in explosive manufacturing unit wherein 8 fatalities were reported contributing to more than 20% of total fatal accidents in the state. Since this is an isolated case, this particular accident has not been considered for making any recommendations. As such electrocution or contact with electrical energy is the major cause of fatal accident. Therefore during the inspection of factories electrical safety aspect should be given consideration by the factory inspectors by essential inclusion of this in their checklist. The matter should also be brought to the notice of chief electrical inspector, so that the common programme for improving safety while working with electricity can be formulated. The guidelines issued by DGFASLI under section 7A with regard to electrical safety should be circulated and given wide publicity amongst the factories.
4. Almost 46% of nonfatal accidents occurred to the workers in the age group less than 36 years of age. This may be due to lack of experience amongst more experienced workers in factories. Another reason for this could be the change of job of these workers without proper training/ retraining in the safety and health related aspect pertaining to their jobs.
It is recommended that the need for training and retraining of workers in safety and health aspect at regular intervals and also when there is a change in their job should be brought to the notice of occupiers or managers. More supervision of young workers is required to be done
5. Almost 18.1% of nonfatal accidents are caused due to struck by falling objects 19% are due to caught in between the object and about 25.25% are due to striking against or struck by 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 implementing suitable> They should be instructed to design such work procedures in respect of all the jobs and the system for checking the implementation of this procedure should also be emphasized.
6. Tools, implements, appliances used on the shop floor; machines and indoor are the major agencies causing accidents.
It is therefore suggested that the occupiers/ managers of the factories should be advised on:
7. The analysis of accidents with respect to the location of injuries reveal that 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 workers while working in factories use them in the manner in which they are trained.
8.Statistics on the industries accident in the State of Madhya pradesh reveals that wool, silk and other man made textile industry has the highest number of accidents followed by manufacture of Machinery and Equipments other than motor transport.
It is recommended that industries having potential for severe accidents should be notified under section 87 of the Factories Act. More emphasis should be given on compliance with the provisions of the Factories Act in these factories.
9. Silicosis is the most prevalent occupational diseases detected among the workers employed in Slate Pencil Units. Silicosis is caused due to prolonged exposure of worker to the sand dust. Therefore, it is suggested that all such units should be notified under section 87 of the Factories Act and the medical examination of the workers employed in such factories should be made statutory requirement.
10. Although 44 cases of occupational diseases were reported by Silicosis board, which are being compensated or already compensated, not a single case was reported to the Directorate of Industrial Health and Safety, Madhya pradesh, in a prescribed format as required under section 89 of the Factories Act. Thus there seems to be lack of co-ordination between various agencies connected with management of occupational health/diseases at unit level. It must be emphasized upon the management of the factories that whenever any suspected case of occupational disease is reported to ESIC hospital, it should also be reported to the Directorate of Industrial Health and Safety, Madhya Pradesh, in the prescribed format. It is further recommended that in the area of detection, diagnosis and control of occupational disease, ESIC should inform the Directorate of Industrial Health and Safety, Madhya Pradesh ,of the cases which are under consideration for compensation.
11. 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 required information is filled therein
12. There is a satisfactory level of compliance as far as the appointment of safety officer in factories is concerned. However, the reports of accidents in Form 22, 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:
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.
13. No information is available regarding the number of factories requiring establishment of occupational health centers
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 retainer-ship/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 and the Rules.
14.The provisions under the Factories Act and Rules provides for medical examination of workers employed in certain categories of factories by certifying surgeon. As there are many factories requiring medical examination of workers employed therein it is practically impossible to cover these factories by a medical inspector of factories employed in the Directorate of Industrial Health and Safety, Madhya Pradesh.
Therefore, it is suggested that on the lines of what is being done in other states such as Maharashtra, private medical practitioner could be appointed as certifying surgeon for particular areas, in order to conduct medical examination of workers and issue certificate of fitness as required under the Factories Act and the Rules.
15. The number of factories and the officers (Inspectors) carrying out the inspection dose not seems to be proportionate. The average number of factories required to inspected by a single inspector is very 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 :
Most small scale units engaged in manufacturing of slate pencil, saw mills,stone crushers,cotton textile handloom units etc., employ less than 10/20 workers. The emphasis on inspection of such factories could be reduced and more emphasis could be given on inspection of the factories engaged in manufacturing of chemicals, cotton textile mills, manufacture of paper, food products, etc. which are more hazardous in nature and employing more number of workers. This would require an in-depth study of the pattern of industry vis-à-vis. the quantum and quality of hazard, level of employment etc. Thereafter, action plan for prioritization of inspection should be worked out. Separate checklist for inspection of small, notified factories should be prepared, keeping in view the general level of compliance expected in respect of these factories.
16. 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, 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. The office of the Labour Commissioner in the State enforces the Contract Labour Act. In order to ensure that adequate attention given to the safety, health and welfare of the contract labour by the occupiers, a programme for enforcement of safety and health provisions for the benefit of contract labour employed in the factory can be jointly undertaken by Directorate of Industrial Health and Safety and Office of the Labour Commissioner. This programme can also include awareness improvement and training and education in the area of safety and health.
17. Department of Science, Technology and Environment among other things is responsible for clearing industrial projects from environmental angle. There is a Site Appraisal Committee under the Chair of Directorate of Industrial Health and Safety, constituted under section 41-A of the Factories Act. These two committees are having similar objectives i.e., clearing the location of industry from safety, health and environment angle. It is therefore suggested that these two 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 should be empowered to give environment clearance to the initial location of industrial projects likely to be covered under the Factories Act.
18.As per the data of the department of industriesthere are about three lakhs 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 Industrial Health and Safety, Madhya Pradesh and the Department of Industries & Commerce in collaboration with DGFASLI. For this purpose, the training module developed by ILO “On Improvement of Productivity by better working conditions” could be used. It is also recommended that Central Labour Institute/ Regional Labour Institute can also be associated extensively in these efforts.
In view of few fire incidences in the state an effective awareness programme on control of fire incidents could also 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.
19. As stated at Para 4, more numberof fatal accidents are caused due to contact with electrical energy. 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 in collaboration with Directorate of Industrial Health and Safety, Madhya Pradesdh 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 trained in this area to identify the noncompliance with the provisions and issue necessary directives/ guidelines to the occupiers/managers.
20. The State has1612 Allopathic hospitals/ health centers/dispensaries having 18928 beds. In addition, there are 8741 sub-health centres in the State. . The medical practitioners appointed in these hospitals 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.
21. 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. However, it was found that the suspected as well as confirmed cases of occupational diseases are not brought to the notice of Directorate of Industrial health and Safety. As a result, no case of occupational disease is reported under section 89 of the Factories Act, 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 Industrial health and Safety, Madhya Pradesh 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 class in the long run.
22. The programme on control of fire incidents could be prepared in collaboration with Fire Brigade Department, Industries Association and Directorate of Industrial Health and Safety, Madhya Pradesh. This programme should include, formulation of mutual aid scheme and establishments of emergency response centers in various industrial pockets of the states.
23. In addition to what is being done by the governmental organization such as Disaster Management Institute, Bhopal and non governmental organization such as Loss Prevention Association of India, National Safety Council, Industrial Hygiene Society and other various employers association in the state should also take up the activities in the field of safety and health on a large scale. This should include organising seminars and workshops, debates for senior executives from the industries and trade union leaders, etc. In these seminars and workshops the issues arising out of liberalization, globalization, modern manufacturing techniques and developments, new innovations in the field of manufacturing etc. vis-à-vis. and their impact on safety, health and welfare of the workers should be discussed.
24. In order to promote safety, health and welfare of workers employed in factories, seminars and workshops should also be organised for increasing the awareness level of union leaders in the field. The unit level union leaders should be involved in training and education of workers in the field of safety and health. In such programmes, more emphasis should be given on the role of union leaders in promotion of safety and health at the workplace.
25. In view of the technological advancement and use of new manufacturing 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/workshop for the officers of factory directorate, so that the real sprit 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.
26.Central Board for Workers Education in collaboration with Directorate of Industrial Health and Safety should design and conduct specialised training programmes on safety and health for the workers. The programmes should also be organised for state level trade union leaders for improving the safety and health awareness among them.
27. While collecting the statistics regarding the factories as well as the accidents, it was found by the study team that although some factories were submitting the annual returns in the prescribed format to the local offices as well as to the regional offices and headquarters, the information was not being compiled and sent to the Headquarters in time. As a result the collected information could not be processed and the trends regarding various parameters on occupational safety and health could not be established. A closer examination of the issue reveals that the information at the field level could not be compiled or is taking time for compilation because of manpower shortage. It is therefore suggested that all field level offices should be equipped with suitable> This arrangement will also improve the communication among the offices of Directorate leading to effective implementation of the orders issued under the provisions of the Factories Act eliminating the delays.
28.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.
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, 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 Industrial Health and Safety/, 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:
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.
7.1 Labour Commissioner Organization :
The organization functions under the Department of Labour , Government of Madhya Pradesh headed by 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 M.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 Directorate Industrial Health and Safety. Some of the Labour Laws administered by the Labour Commissioner Organisation are given below:
|Srl No||Name of Act /Rule||Purpose||Enforced by Central Govt.||Enforced by State Govt.||Enforced by Central & State Govt.|
|1||The Industrial Disputes Act, 1947||An act-to make provision for the investigation and settlement of industrial disputes and for certain other purposes.||-||-||Ö|
|2||The Madhya Pradesh Industrial Relation Act, 1960||An act-to provide power to prevent strikes and lock-out, to settle industrial disputes and for other incidental maters.||-||Ö||-|
|3||The Trade Union Act, 1926||An act-to provide for the registration of Trade Unions and in certain respects to define the law relating to registered rade Unions.||-||Ö||-|
|4||The Industrial Employment (Standing Orders) Act, 1946||An act-to require employers in industrial establishment formally to define conditions of employment under them.||Ö||-||-|
|5||The M P Industrial Employment (Standing Orders) Act, 1961||An act-to require employers in industrial establishment formally to define conditions of employment under them.||-||Ö||-|
|6||The Payment of Wages Act, 1936||An act-to regulate the payment of wages to certain >||-||-||Ö|
|7||The Minimum Wages Act, 1948||An act-to provide fixing minimum rates of wages in certain employments.||-||-||Ö|
|8||The Payment of Bonus Act, 1965||An act-to provide the payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith.||-||-||Ö|
|9||The Factories Act, 1948||An act-to consolidate and amend the law regulating labour and providing for the health, safety, welfare and other aspects of labours in factories.||-||Ö||-|
|10||The Envionvirontal Protection Act||An act-to protect the Environment and make different rules for the purpose.||-||-||Ö|
|11 .||The Dangerous Machines (Regulations) 1983||An act-to take care for the safety of agricultural machines used by the farmers.||-||Ö||-|
|12.||The Madhya Pradesh Dookan Aur Vanijya Adhisthan Adhiniyam Act, 1958||An act-to consolidates and amends the law relating to the regulation of conditions of work and employment in shops and commercial establishments.||-||Ö||-|
|13||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.||-||Ö||-|
|14.||The Contract Labour (Regulation and Abolition) Act, 1970||An act-to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith.||-||-||Ö|
|15.||The Motor Transport Workers Act, 1961||An act-to provide for the welfare of motor transport workers and to regulate the conditions of their work.||-||Ö||-|
|16||The Inter-state Migrant Workmen (Regulation of Employment and condition of Service) Act, 1979||An act-to regulate the employment of interstate migrant workmen and to provide for their condition of service for matters connected therewith.||-||-||Ö|
|17.||The Sales Promotion Employees (Condition of Service) Act, 1976||An act-to regulate certain conditions of service of sales promotion employees in certain establishments.||-||-||Ö|
|18||The Working Journalists and other Newspapers Employees (Conditions of Service and Miscellaneous Provisions) Act, 1955||An act-to regulate certain conditions of service of working journalists and other employed in newspapers establishments.||-||-||Ö|
|19||The Maternity Benefit Act, 1961||An act-to regulate employment of workmen in certain establishments for certain periods before and after child-birth and no provide for maternity benefit and certain other benefits.||-||-||Ö|
|20||The Equal Remuneration Act, 1976||An act-to provide for the payment of equal remuneration of men & women workers and for the prevention of discrimination on the ground of Sex against-women in the matter of employment and for matter of employment and for matter connected therewith or incidental thereto.||-||-||Ö|
|21||The Bonded Labour System (Abolition) Act, 1976||An 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.||-||Ö||-|
|22||The Child Labour (Prohibition and Regulation) Act, 1986||An act-to prohibits the engagement of children in certain employments and to regulate the condition of work of children in certain other employments.||-||-||Ö|
|23||The workmen’s Compensation Act, 1923||An act-to provide for the fixation of rates of wages in respect of working journalists and for matters connected therewith.||-||-||Ö|
|24||Employees State Insurance Act 1948.||An act-to provides medical attendance to the people working in industry and other establishment and their family members.||-||-||Ö|
|25||Employees provident fund Act 1952||An act-to provides financial assistance to the employees at the time of their need and at the time of their retirement.||Ö||-||-|
|26||The Payment of Gratuity Act, 1972||An act-to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oil fields, plantation, ports, railways, companies, shops or other establishments and for maters connected there with or incidental there to.||-||-||Ö|
|27||The Labour Laws Exemption from Furnishing Return and Maintaining Registers by certain Establishments) Act, 1988||An act-to provide for the exemption of employers in relation to establishments employing a small number of persons from furnishing returns and maintaining registers under certain labour laws.||-||-||Ö|
|28||Cine workers and Cinema workers (Regulation of Employment)Act 1981||An act-to regulate the employment of Cine workers and Cinema workers and to provide for their condition of service for matters connected therewith||Ö||-||-|
|29||Beedi workers Welfare fund Act 1976||An act-to look after the welfare of Beedi workers by providing financial assistance to the workers in case of need.||Ö||-||-|
|31||The Building and other construction workers (Employment and service conditions) Act 1996||An act to look after the safety, health & welfare of the construction workers.||-||-||Ö|
|32||The M P Building and other construction workers (Employment and service conditions) Rule 1996||Rules made under the provisions of the Building and Other Construction Workers (Employment and Service Conditions) Act 1996||-||-||Ö|
|33||The Child (Bonded Labour) Act 1933||An act-to prohibits the engagement of children as bonded labour.||-||Ö||-|
|34||Iron Ore, Manganese Ore and Chrome Ore Mines workers Welfare Fund 1976||An act-to look after the welfare of Iron Ore, Manganese Ore and Chrome Ore Mines workers by providing financial assistance to the workers in case of need.||Ö||-||-|
|35||Madhya Pradesh Slate Pencil Workers Welfare Fund Act 1982.||An act-to look after the welfare of Slate Pencil workers by providing financial assistance to the workers and their families in case of need||-||Ö||-|
|36||Madhya Pradesh Labour welfare Fund Act 1982||An act-to look after the welfare of the workers by providing financial assistance to the workers in case of need.||-||Ö||-|
This is most important department to protect the interest of workers for matters related to other than safety and health. The main objective of the department is to
7.2.1 Organization structure:
The department is headed by the Labour Commissioner supported by Additional Labour commissioners, Joint Labour commissioner. Director of Industrial Health and Safety. The Labour Commissioner is also assisted by Dy,.Labour commissioner and other associated officers. Like Asstt. Labour Commissioners, Labour Enforcement officers. Similarly Director Industrial Health and Safety assited by Joint Directors. Dy Directors. And Assistant Directors.
The major activity of this department is to see the welfare of the labour working in all the occupations in the state of Madhya Pradesh.
The enforcement of the above Act aims to make available all the benefits to the workers engaged in different occupations and maintain the environment of peace and harmony in the organized and unorganised sectors.
7.2.3 Offices and Areas covered :
The Labour commissioner office is having 36 regional offices headed by Additional/Deputy/Assistant labour commissioner.
7.2.4Inspections and prosecutions:
The department enforces all the labour related Acts and rules made there under for the welfare of workers engaged in various occupations. The details of the inspections made under each Act and number of prosecutions for violation of various provisions of the Act for the last four years are given below in Table-27.
Inspections and Prosecutions Launched
|Sr No.||Act||2001-2002||2002-2003(Upto Dec’02)|
|1||The M P . Dookan Aur Vanijya Adhisthan Adhiniyam Act, 1962||18735||6638||19417||4921|
|2||The Maternity Benefit Act, 1961||1514||117||843||62|
|3||The Motor Transport Workers Act, 1961||3615||1248||2966||1129|
|4||The Contract Labour (Regulation and Abolition) Act, 1970||1579||327||1190||294|
|5||The Payment of Bonus Act, 1965||1707||61||767||7|
|6||The Equal Remuneration Act, 1976||2905||245||2291||228|
|7||The Inter-state Migrant Workmen (Regulation of Employment and condition of Service) Act, 1979||72||11||61||11|
|8||The Factories Act, 1948||4369||260||3791||271|
|9||The Beedi and Cigar Workers (Condition of Employment Act,1966||1756||169||1228||130|
|10||The Child Labour (Prohibition and Regulation)Act,1986||3392||51||2551||29|
The Directorate Of Industrial Health And Safety, under the Department of Labour Madhya Pradesh and is looking after safety, health and welfare of workers employed in factories registered under Factories Act. Labour Commissioner, Madhya Pradesh heads the department of Labour in the state of Madhya Pradesh.The Directorate Of Industrial Health And Safety is looking after the enforcement of Factories Act 1948 only and Rules framed there under. The inspectors enforcing The Factories Act, 1948, 1948 and Madhya Pradesh. Factories Rule 1962 are with engineering background in Electrical, Mechanical or Chemical engineering.
In the State of Madhya Pradesh 12104 factories were registered as on 2003(Dec) employing about 674819 workers. To secure the compliance of the provisions of Factories Act, 1948, relating to industrial safety & health and other welfare measures, the Director Of Industrial Health And Safety, 03 Joint Director of Industrial Health And Safety and 10 Deputy Director of Industrial Health And Safety along with 28 posts of Assistant. Director of Industrial Health And Safety, which includes a post Assistant Director (Medical) are sanctioned in the Industrial Health and Safety, Madhya Pradesh.
At present there are only 21 Asstt. Directors of Factories (Factory Inspectors) in position to take up the entire load of inspection of registered factories in the state of Madhya Pradesh.
There are some other Specific laws (listed below) relating to management of hazardous chemical substances are also being enforced by Directorate Of Industrial Health and Safety in identified MAH installations.
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 Industrial Health and Safety, Madhya pradesh are in line of action to adopt Management of hazardous substancesbe a comprehensive system inthe industrial enterprise and thus ensuring effective accident prevention in the state.
7.3.1.Offices and Areas covered:
The Directorate Of Factories of the state of Madhya Pradesh is divided into 3 divisions. The Division offices are located at Indore, Bhopal, Jabalpur Each divisional office is under the charge of Joint Director of Industrial Health and Safety and is assisted by Dy. Directors and Assistant Directors. for the enforcement of statutes.
In addition to the above, the Directorate has a posts of Assistant .Director (Medical) along with one state level Industrial Hygiene Laboratory at Head Quarter.
7.3.2.Strength of the Directorate :
The Directorate Of Industrial Health and safety is equipped with trained and experienced personnel .The present details are as given below :
|Director, Industrial Health and Safety||01|
|Joint Deputy Director Industrial Health and Safety||03|
|Deputy Director, Industrial Health and Safety||10|
|Assistant Director Industrial Health and Safety||27|
|Assistant Director (Medical)||01|
In addition to the above, the directorate also has supporting administrative and technical staff.
The different activities undertaken by the department are given below
220.127.116.11 Enforcement :
The Directorate enforces provisions contained in the following statutes:
Inspection of processing factories, identification of unregistered factories, investigation of accidents, approval of plans, attending to complaints is some of the activities undertaken for effective implementation of statutory provisions.
18.104.22.168Education and Training :
The Directorate in collaboration with Regional Labour Institute, Kanpur, Ministry Of Labour, Government Of India, Disaster Management Institute, Bhopal also conducts education and training programs for increasing safety and health awareness amongst various target groups 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.
22.214.171.124 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.
126.96.36.199 Inspection activities :
The state of Madhya Pradesh as on 1 December 2003, has a total of 12104 registered factories under The Factories Act 1948 (Amended 1987) employing about 6,74,496 workers. The inspectors from directorate has carried out 2837 inspections up to December 2002.
Classification based on Employment capacities of the of Registered Factories
|Reference Date||Classification based on Employment capacities of the of Registered Factories|
|Less than 10 Workers||10-20 Workers||21-50 Workers||51-100 Workers||101-250 Workers||More than 250 Workers||Total|
Inspection, Prosecution ,Pending cases in the courts and Punishment
|Details||2001-2002||2002-2003||2003-2004 Up to Nov’2003|
|Percentage of cases wherein penalty imposed||93.13||-|
|Penalty Amount(in Lakhs)||12.69||9.006||8.27|
It is also seen from the table> that the number of inspection have reduced considerably due changed policies of the state Government such reduction in the inspection may pose long term problems to the health and safety of the workers.
188.8.131.52 Prosecutions and convictions :
The chapter 10 of The Factories Act, 1948 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. The section 92 of The Factories Act, 1948 speaks about the general penalties for offences.
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 Industrial Health and Safety Madhya Pradesh as well the whole organisation of the Labour Commissioner.
The rapid growth in information technology has given a new dimensions to the management of the organisation. The functions and 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 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.
Madhya Pradesh is a big state and the responsibilities of directorate are 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 Directorate.
It is strongly recommended that the Directorate of State of Madhya Pradesh must be equipped with IT updates for effective data collection and data analysis in respect of health & safety. Minimum requirement in this regard is being given below .
At Head quarter
1.Insllation of V-SET system
2.Application Soft wares for Factory registration and management system.
At Regional Office
The state of Madhya Pradesh has got a Boiler Directorate is working under The Department of Commerce and Industry.. This Directorate is headed by a Director and assisted by three Dy. Directors and six Assistant Directors.
Boiler Directorate is working for the safety of the workers and enforcing following Central Act and Different Rules framed by the state. 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.
7.6.1 Women Worker
As per 1991 Census the women percentage, of the total population of the state, was 26.3%.Women workers are mainly employed in agricultural sector. The women workers have been treated at par with men in all labour laws but the Equal Remuneration Act 1976 and the Maternity Benefit Act 1961 have been effectively enforced for women workers keeping in view of their specific needs give. The details of the activities undertaken under these acts are given in Table No.30
|Name of Act||Details||2001-2002||2002-2003 (Up to Dec ‘02 )|
|Number||Percentage of Prosecutions||Number||Percentage of Prosecutions|
|Equal Remuneration Act 1976||Inspections||2905||8.42||2291|
|Maternity Benefit Act 1961||Inspections||1514||7.73||843||7.35|
The employment of children up to the age of 14 years is completely prohibited in 57 process and 13 occupations as notified by Govt. of India under Child Labour (Provision & Regulations) Act 1986. In addition, employment of child labour is also prohibited under Factories Act, Beedi & Cigar workers Act, Motor transport workers Act., Mines Act & Madhya Pradesh Shop and Establishment Act.
According to 1991 census data of child labour in the age group of 5-14 yrs. were found as below:
|1.||Mainly Employed||7.01 Lakhs|
|2.||Partially Employed||2.56 Lakhs|
|4.||Percentage of mainly & partially employed children out of total population of 5-14 yrs. age group children.||7.66 %|
(Data based on 2001 census is not available yet.)
During 1997 a survey was carried out to find the child labour working in dangerous and non dangerous establishment and according to this survey it was found that out of 11820 workers 8826 workers were found working in dangerous occupation. Based on the survey 3630 employers were prosecuted and about 3.65 lacks rupees have been collected as compensation under the Act.
For proper execution of schemes regarding elimination & rehabilitation of child labour, committees have been made at state and district level being headed by Principal secretary and District Collector respectively.
Beedi industry has got key place in unorganised sector of the state.After agricultural employment, it ids the beedi workers that are probably maximum in the state.
Implementation of Beedi And Cigar Workers (Conditions of Employment) Act 1966.
This Act has been made keeping in view of the welfare and special circumstances of the workers employed in the beedi industry. The number of registered institutes and beedi workers in them having identity cards up to December 2002,under the Beedi And Cigar Workers (Conditions of Employment) Act 1966,is 364 and 804577 respectively.
The enforcement data under the Act is given below;
|Serial No.||Particulars||2001-2002||2002-2003 (Up to December 2002)|
Two Central Acts are in effects for welfare of beedi workers as mentioned below.
More than 90 % of the workers of the country are in unorganised sector while it is even lesser than 10 % employed in unorganised sector. But workers in organised sector obtain most of the benefits of Labour Laws while workers in unorganised sector remain deprived of such benefits.
Majority of workers in unorganised sector in the state are employed in works like agriculture, forestry, mining, beedi, transport, construction, hotels/dhabba and brick-kilns. Some of the problems faced workers in unorganised sector are as below:
Looking at the serious nature of problems of workers in unorganised sector, the state administration had formed one Working Group in July, 2001 for giving recommendations regarding improvement in the standard of giving of such workers. The reference points of working group were as following:
1. To study the social and economical conditions of workers in the unorganised sector of the state (with special reference to their employment, earnings, social security & productivity levels) to identify the sectors where unorganised level is a majority (like agriculture, forestry, mining, construction informally employed urban areas) and to suggest the measures for improving the living standard and levels of employment, and earning looking at the nature of the future prospect of the labour market (like credit system improvement in sales, technology & skills).
2. For the protection & development of unorganised labour and to assess their current status and their effects of the following and to suggest new methods changes about them.
3. The working group will give special attention to following while giving the recommendations in improvement in the level of the employment, skills, earnings, strengthening the women labour and development of their children so as to make their future bright.
As per the Working Group report, the employmentwise details of unorganised workers of the state is given in the table>
|Nature of Employment||No of workers engaged in unorganised sector(Lakhs)||Percentage of total workers in unorganised sector|
|Landless Agricultural workers||73.57||36.6|
|Miner and mining worker||0.64||0.3|
|Trading Hotel & restaurant||17.47||8.7|
|1.||Infectious and parastic diseases contracted in an occupation where there is a particular risk of contamination.|
|2.||Diseases caused by work in compressed air.||All work involving exposure to the risk concerned.|
|3.||Diseases caused by lead or its toxic compounds.||All work involving exposure to the risk concerned|
|4.||Poisoning by nitrous fumes.||All work involving exposure to the risk concerned|
|5.||Poisoning by organphosphorus compound||All work involving exposure to the risk concerned|
|1.||Diseases caused by phosphorus or toxic compounds.||All work involving exposure to the risk concerned|
|2.||Diseases caused by mercury or its toxic compounds.||All work involving exposure to the risk concerned|
|3.||Diseases caused by benzene or its toxic homologues.||All work involving exposure to the risk concerned|
|4.||Diseases caused by nitro and amino derivatives of benzene or its homologues.||All work involving exposure to the risk concerned|
|5.||Diseases caused by chromium or its toxic compounds.||All work involving exposure to the risk concerned|
|6.||Diseases caused by arsenic or its toxic compounds.||All work involving exposure to the risk concerned|
|7.||Diseases caused by radioactive substances and ionising radiations.||All work involving exposure to the reaction of radioactive substances or ionising radiations.|
|8.||Primary epithelomatous cancer of the skin caused by tar, pitch bitumen, mineral oil, anthracene or the compounds, products or residues of these substances||All work involving exposure to the risk concerned|
|9.||Diseases caused toxic halogen derivatives by hydrocarbons (of the aliphatic and aromatic series).||All work involving exposure to the risk concerned|
|10.||Diseases caused by carbon disulphide.||All work involving exposure to the risk concerned|
|11.||Occupational cataract due to infra-red radiations.||All work involving exposure to the risk concerned|
|12.||Diseases caused by manganese or its toxic compounds.||All work involving exposure to the risk concerned|
|13.||Skin diseases caused by physical, chemical or biological agents not include in other items.||All work involving exposure to the risk concerned|
|14.||Hearing impairment caused by noise.||All work involving exposure to the risk concerned|
|15.||Poisoning by dinitrophenol or a homologue or by substituted dinitrophenol or by the salts of such substances.||All work involving exposure to the risk concerned|
|16.||Diseases caused by beryllium or its toxic compounds.||All work involving exposure to the risk concerned|
|17.||Diseases caused by cadmium or its toxic compounds.||All work involving exposure to the risk concerned|
|18.||Occupational asthma caused by recognised sensitising agents inherent to the work process.||All work involving exposure to the risk concerned|
|19.||Diseases caused by fluorine or its toxic compounds.||All work involving exposure to the risk concerned|
|20.||Diseases caused by nitroglycerine or other nitroacid esters.||All work involving exposure to the risk concerned|
|21.||Diseases caused by alcohols and ketones.||All work involving exposure to the risk concerned|
|22.||Diseases caused by asphyxiants; carbon monoxide, and its toxic derivatives, hydrogen sulphide.||All work involving exposure to the risk concerned|
|23.||Lung cancer and mesotheliomas caused by asbestos.||All work involving exposure to the risk concerned|
|24.||Primary neoplasm of the epithelial lining of the urinary bladder or the kidneys or the ureter.||All work involving exposure to the risk concerned|
|1.||Pneumoconiosis caused by sclerogenic 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|
|2.||Bagassosis||All work involving exposure to the risk concerned|
|3.||Bronchopulmonary diseases caused by cotton, flax hemp and sisal dust (Byssinosis)||All work involving exposure to the risk concerned|
|4.||Extrinsic allergic alvoelities caused by the inhalation of organic dusts.||All work involving exposure to the risk concerned|
|5.||Bronchopulmonary diseases caused by hard metals.||All work involving exposure to the risk concerned|