Are workers’ rights being eroded?, Pg8

Key Highlights:

• In June 2024, a chemical reactor explosion at Sigachi Industries in Telangana killed 40 workers.
• In July 2024, an explosion at Gokulesh Fireworks in Sivakasi, Tamil Nadu resulted in 8 worker deaths.
• In September 2024, a coal-handling plant collapse at Chennai’s Ennore Thermal Power Station caused 9 worker fatalities.
• The British Safety Council estimates that one in four fatal workplace accidents worldwide occur in India.
• The Occupational Safety, Health and Working Conditions (OSHWC) Code, 2020 is currently in abeyance.

Detailed Insights:

• Workplace accidents are preventable through hazard elimination, proper equipment maintenance, safety systems, protective procedures, and comprehensive training.
• The Factories Act, 1948 was the cornerstone of labour regulation in India, governing factory operations and working conditions, but its enforcement has weakened over time.
• Compensation for injured or deceased workers under the Workmen’s Compensation Act, 1923 and Employees’ State Insurance Act, 1948 remains inadequate, and employers often avoid criminal accountability.
• Since the 1990s, labor protections have been weakened through diluted laws, reduced inspections, and policies like "self-certification" of compliance, prioritizing "Ease of Doing Business".
• The OSHWC Code, 2020 seeks to replace the Factories Act, potentially shifting health and safety from a statutory right to executive discretion, raising concerns about worker protection.
• Some states in India have increased working hours, reducing rest periods, which poses a significant threat to workplace safety and worker well-being.
• A business culture focused on maximizing profits with minimal responsibility contributes to unsafe workplaces, emphasizing the need for stronger state intervention and employer accountability.

Key Concepts Involved:

• Factories Act, 1948: Legislation governing factory licensing, machinery maintenance, working hours, and safety standards in India.
• OSHWC Code, 2020: A consolidated labor code in India intended to regulate occupational safety, health, and working conditions, but currently in abeyance.
• Ex gratia: A payment made as a gesture of goodwill, without accepting liability, often used by governments in India after industrial accidents.