lavishlokhande-blog

[lavishlokhande-blog]

Expectation from Health and Safety Professional - India

Introduction

Micro, Small, Medium and Large Scale Enterprises and Informal sector are empowered by mass labour force of India. Based on National Sample Survey Office (NSSO) conducted on 2011-12, the Indian workforce is over 47.41 crores strong, which constitutes 35.40 % of the total population of the country. India’s large proportion of workers engaged in agriculture about 47.0%, the service sector which contributes generates 28.64% of the employment and the share of manufacturing is 24.36% employment. With GDP $2.972 trillion (estimated) contribution from Agriculture 15.87%, Industry 29.73%, Services 54.40%. The growth of every individual industry in India is contributing to nations GDP. Since the beginning of liberalisation in 1991, many regulations have been brought about to facilitate economic growth and development but hardly any initiative has been taken to enhance the working conditions of labourers even from health and safety angle.

The frequency of work-related Injuries, number of injuries and fatalities reported at Factories in India during 2009 were recorded as 0.85, 6651 and 668 respectively, while the frequency of work-related injuries, number of injuries and fatalities reported at Factories in India during 2013 recorded as 0.37, 2445 and 494, the drop in numbers can be attributed to more focus on improving occupational health and safety outcomes at all fronts including Central, State, professional associations, Industry, Unions etc.  However, there is lot of scope for improvement and also the figures related Industrial injuries and fatalities can’t be taken as conclusive that is reality the number are true representations due to the gross underreporting and may present a false picture of the scope of the problems.

Published Data

Indian Express, November 21, 2017 reports, there were about 48,000 workers die in India due to occupational accidents of which 38 fatal accidents take place every day in the construction sector. An estimate of fatal accidents in Indian construction industry contributes to 24% of occupation fatalities, the highest in the country annually.

It is true for a substantial proportion of workers in the organized sector as well. Over half the workers are self-employed, largely with a poor asset-base, and around 35.3 % are casual labourers seeking employment on a daily basis while 14.6% in the urban areas. About 18 % of those employed are regular workers, and amongst them less than 8 % have regular, full-time employment with social protection. (India Labour and Employment 2014).

The ILO estimates that some 2.3 million women and men around the world succumb to work-related accidents or diseases every year; this corresponds to over 6000 deaths every single day. Worldwide, there are around 340 million occupational accidents and 160 million victims of work-related illnesses annually. As per the ILO’s latest statistical data on occupational accidents and diseases on a world-wide level, occupational disease due to hazardous substances are 651,279 deaths a year while the construction industry has a disproportionately high rate of recorded accidents.

Workplace deaths in India are twenty times higher than UK. Merely 20 percentages of strong workforce in India is covered under the existing health and safety legal framework. Though there are laws to address health and safety concerns, their implementation is a big task due to lack of adequate manpower,” Mike Robinson, CEO-British Safety Council. 

India, with 125 crores populations, has a strong workforce of 47.41 crores. Based on report from Institute for Human Development India, an overwhelmingly large percentage of workers are engaged in Informal employment. Over half the workers are self-employed, largely with a poor asset-base, and around 30 % are casual labourers seeking employment on a daily basis. About 18 % of those employed are regular workers, and amongst them less than 8 % have regular, full-time employment with social protection. (India Labour and Employment 2014) (Reference: Institute for Human Development India).

India added 66 lacs on to the labour force per year between 2011-16. Whatever the figures about yearly labour force, the India’s formal sector is not able to adjust such huge numbers and end us in the informal sector with absolutely no safeguards. It is estimated that unsafe work conditions are one of the leading causes of death and disability among India’s working population. (Reference: World Bank –Development Indicator).

Institute for Human Development India, an overwhelmingly large percentage of workers are engaged in Informal employment and the majority of them have low earnings with limited or no social protection. The variable and insecure nature of the work means that more and more workers are pushed into taking up hazardous and precarious employment both in the informal economy as well as informal work in the formal sector. For these workers, employment not only fails to bring about a successful escape from poverty, it may contribute to existing vulnerabilities. There is very little awareness about workplace hazards due to lack of access to information, or even any kind of formal education. Informal workers give low priority to occupational health and safety, as having work is more important than the quality of the job.

Health and Safety Professionals, why am I Important?

Health and Safety Professionals create change at all levels of the organisation, at an individual level, they influence employees to change the way they work, at a business level they change the way the business unit operates and at an organisational level they change the way the organisation carries out its business. In addition, they need to be aware of and be able and willing to discuss the safety impact of proposed changes initiated in other parts of the business. They do consider Health, Safety and wellbeing in their decisions. Change the behaviour of individual to achieve a positive impact on personnel within our organisations.

Expectation from Health and Safety Professional

The health and safety professional are expected to perform various tasks which depends on the industry and environment they are responsible. In broad terms, their responsibility is to ensure the working environment is safe and as risk-free as possible for all employees. These build the core of a safe workplace, as well as fulfilling the legal minimum requirements.

Development, documentation and maintenance of a plan- It is the first and most important responsibility for health and safety professionals. A strong, well-documented safety plan is the foundation of any workplace that wants to avoid incident and injury.

Incident records- It should be the job and responsibility of the health and safety professionals to document each and every incident, its cause, and the actions that are being or should be taken to prevent it their reoccurrence and use the data appropriately.

Imparting Training- the basic cause of incidents is lack of awareness, training of workers and lack of skill necessary for the job they are assigned then the things can go wrong fast.

Workplace assessment- Workplace hazards are always developing as a result changes in the setup or new systems, wear and tear of equipment’s, human factors, changes in materials, product design, production rates etc., workplace assessments (by various means & tools) is an important task safety professionals are responsible for.

The responsibilities don’t always end there irrespective the environment is of lower risk or higher risk (refining, petrochemicals, chemicals etc.), the duties and training requirements of the professionals will likely be more stringent. Health & Safety professionals work closely and liaising with management, unions, legal and human resource departments, and external inspectors. Continual self-development in order to remain updated with system and to acquire new skills is prime responsibility, even though it is one of the legal requirements for employer to arrange necessary trainings to its employees including health and safety professionals.

Professional View

Health and safety professionals being in the advisory role to the management and important link between hazard and realization, they have a moral responsibility to take necessary steps in order to create safer workplace. Apart from initial credentials, continual self-development is a key for success, not only as an individual but also for organization, it helps to elevate motivation levels in the long run, the process helps in stay up to date, enhance the knowledge and skills need to deliver a professional service, able to be more effectively lead, manage, influence, communicate and convey, ultimately creating positive safety culture.

In India, there has been growth in almost all the sectors including in hazardous processes mining, machinery and construction activities. However, the laws pertaining to health and safety of workers at workplaces have remained static. Specialised manpower and related infrastructure for dealing with health and safety aspects of workers and surrounding populations have not been developed as per the desired requirements. Even though, the National Policy 2010 on Safety, Health and Environment at workplace was brought in to eliminate the incidence of work related injuries, diseases, fatalities, disaster and loss of national assets. Aiming to achieve a high level of occupational safety, health and environment performance through proactive approaches and also to enhance the well-being of the employee and society at large. Even though the policy was brought in to regulate Workplace Health and Safety, it lacks guidance in implementation.

Legal framework for the protection of workers in the formal units which employ only very small percentage of the workforce, has been in existence for long but the implementation has been lax. Number of safety professionals has remained below optimal level and also their proficiency level as well as freedom of practicing.     

 National Occupational Safety and Health (OSH) Profile report Gap analysis mentioned in its report that; suitable Training Institutes at National level on occupational health and safety are not available for imparting the training to workers from formal and informal sectors. Also, Inspectorates of Factories /Directorates of Industrial Safety and Health under the labour department enforce the provisions of the Act and the Rules. The manpower strength of these Inspectorates /Directorates is insufficient to effectively enforce the Act and the Rules. Clause 4.6.6 requires adopting Occupational Safety and Health training programs in workplace and industry programmes. Such training institutes are at present not identified in the country. (Reference: National Occupation Safety & Health Profile by DGFASLI and ILO -Labor Bureau of India, Total Number of Industrial Injuries in Factories (2009-2013) Annexure – XIII).

As a Health and Safety professional you cannot wait and continue to watch people die or suffer due to occupational injuries & illness for any reason, being proficient, they need to adopt professional approach instead of waiting. While there is obviously a lot of work to be done to elevate workplace health & safety, professionals at their individual level can take initiative to develop their own skills, explore the option of acquire knowledge and stay updated with latest developments not only in the field of health & safety but also about the industry they engaged in. Actively engage themselves with local as well as international professional association to stay updated. Take unified initiative at national level and influence the Government to create necessary changes in present labour policy in order to accommodate the all workers from all categories including informal sector. 

 ‘You cannot change your future but you can change your habits and surely your habits will change your future’ (Dr. A.P.J. Abdul Kalam).

Inspired by the words of nations beloved former president, we aspire to change our safety habits to change the future of India into the safest and incident free nation of the world.

 Disclaimer

All views expressed on this site are my own and do not represent the opinions of any entity whatsoever with which I have been, am now or will be affiliated. This document may provide guidance to Health and Safety Professionals. Nothing herein, however, is intended to replace, amend, supersede or otherwise depart from any other legal requirements.

  References

1. Govt. data related to industrial injuries at factories is available till 2012 at https://data.gov.in/catalog/industrial-injuries-factories

2. National Occupation Safety & Health Profile by DGFASLI and ILO -Labor Bureau of India, Total Number of Industrial Injuries in Factories (2009-2013) Annexure – XIII

3.TimesofIndia,http://timesofindia.indiatimes.com/articleshow/61725283.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

4. National Policy 2010 on Safety, Health and Environment at workplace

5. https://www.britsafe.org/about-us/press-releases/2017/british-safety-council-opens-office-in-india-to-help-save-lives/

6. World Bank –Development Indicator data

7. Institute for Human Development India

[lavishlokhande-blog]

Central Regulation for Occupational Health and Safety Professionals in India

Background

The Ministry of Labour & Employment (MoL&E), Government of India and Labour Departments of the State Governments and Union Territories are responsible for Occupational Safety and Health of workers, as the subject of “Welfare of Labour including conditions of work”. Safety and health occupy a significant place in India's Constitution, which prohibits employment of children under the age of 14 in factories, mines and hazardous occupations. This policy aims to protect the health and strength of all workers by discouraging employment in occupations unsuitable to the worker's age and strength. Legislation on Occupational Health and Safety (OHS) has existed in India for over 70 years. The principal health and safety laws are based on the British Factories Act.

The Legal frame work covering Occupational Health and Safety in India for the Industries is by The Factories Act 1948, while The Mines Act, 1952, Mines Rules, 1955 covers Mining industries. The Dock Workers (Safety, Health & Welfare) Act, 1986 & The Dock Workers (Safety, Health & Welfare) Regulations, 1990 covers Dock operations, while The Building & Other Construction Workers (Regulations of Employment and Conditions of Service) Act, 1996) covers Construction Industry. In addition to the above mentioned legal structure, there are several other Acts, Rules and Regulations to ensures that all of their guidelines for health and safety are followed govern & guide for the workplace health and safety.  The Factories Act which has been amended from time to time, it covers only a trivial proportion of workers.

The Chief Inspector of Factories deals with the subject relating to OSH in the case of Factories at state level, while the Directorate General of Mine Safety (DGMS) is responsible for its implementation. OHS implementation for the Port sector is the responsibility of Directorate General of Factory Advisory Services (DGFASLI). Director General Labour Welfare (DGLW) (Labour welfare organization) is dealing the matters concerning policy and legislation related to workers in the un organized sector in India. The Building and Other Construction Workers’ Act, 1996, is being enforced by the Labour Commissioners at the Centre and at the State Level.

Apart from the legislative part with respect to Occupational Health and Safety, the Employers have a legal as well as social obligation to ensure their work environment is safe and regularly assessed for risk factors. There are the obvious and serious risks of injury and fatalities as a result unsafe practices. Poor workplace safety can cost companies substantial money, time and leave employers open to expensive legal liability. Non-compliance can risk significant fines, further compensatory liabilities, and reputational damage, the costs of compensation and lost time due to incidents.

  Even if the workplace is a safe environment, employers still have additional obligations; employer must also make sure they have appointed a qualified person to be responsible for health and safety checks, assessments, and enforcement within the workplace. Appointing a qualified health and safety professionals fulfils employer’s legal requirement and also supports employer to mitigate future liability and more importantly reduces the strain of micro-management on employers and employees within the workforce when trying to prevent injury and fatality. At present there are no stringent regulatory control over practicing OHS Professionals and there are lack of guidelines for OHS professionals in India, many of the people claiming to be OHS professionals are practicing without any formal education with respect to Occupational Health and Safety and/or professional training. That poses a public safety danger to Indian workers.

  In Germany, Australia and Italy, for example, federal and regional governments regulate the educational and professional qualifications required to work as an OHS professional. In the United Kingdom have placed in position an umbrella legislation and an apex institution to cover health and safety of workers in all the sectors and have devised sound mechanism for achieving significant development results. OHS professionals are regulated by Royal Charter status, which delegates oversight of the field to a government-recognized association.

  In Singapore, Workplace Safety and Health Officers (WSHOs) are regulated by the Workplace Safety and Health Regulations. To practise as a WSH Officer in Singapore, one has to be registered with Ministry of Manpower. In order to be a WSHO in Singapore, one must initially have successfully completed a training course to equip himself/herself to be a WSHO and have at least Two year’s practical experience relevant to the work to be performed by a WSHO in Singapore.

  Overall, several countries with similar systems of government to India are leaders on regulating Occupational Health and Safety professionals, which ensures consistency and drives best practices for the health and safety of workers. In India, the trend towards government oversight of professions is clear and strong. Clearly, there is still much room to improve OHS regulations and outcomes in India. A cornerstone of that push for safer and healthier workplaces should be the study of other countries and their success in that area. Also, regulating Occupational Health and Safety professionals would be essential and important step like some of countries have done. It is imperative that India also adopts a similar approach within a compressed time frame. It would be a significant step forward in making India’s workplaces safer and healthier. In addition, it shall bring the recognition and respect for the practicing professionals.

  Writer’s view for improvements;

  The Ministry of Labour & Employment (MoL&E) must introduce the mandatory requirements of Registration for OHS professionals engaged in Occupational Health and Safety practice.

  An individual professional shall be registered as OHS Professionals in one of the following category based on his/her present OHS work profile;

1.OHS Auditor (Lead Auditor, Auditor, Consultant, Adviser, Specialist) - Evaluate, observe and make suggestions to improve the effectiveness of OHS Management systems.

2.OHS Officer (Managers, Engineers, Officers, Executives) – Identify assess, control and manage OHS risks and develop OHS management systems and culture.

3.OSH Staff (OHS Supervisor, Inspector, Coordinator, Administrators, Technicians) – Coordinate and monitor the implementation of OHS management systems for recognition, assessment, control and management of OHS risks.

4.OHS Representative (Advocates, Legal advisers).

  Program Draft specimen;

All the practicing OHS Professional must have valid registration irrespective of whether that the candidate is citizen of India or from overseas wiling to practice in India.

  OHS Trainee can be excluded from the registration process still they remain as OHS Trainee. Upon eligibility, the individual OHS trainee can apply for registration on submission of necessary OHS prerequisite qualifications and OHS work activity report validate from the OHS department of his/her work organization/s.

  Age: at least 21 years

  Academics Requirements:  

Minimum qualification desired is;

Diploma in Engineering from Govt. recognized Institution, or

Bachelor of Science from Govt. recognized Institution, or

Engineering Degree from Govt. recognized Institution, plus

  OHS Qualifications Requirements: Minimum requirements to be recognized as OHS Professional are;

Applicant must hold one of the following OHS Professional qualification,

Diploma in Industrial Safety, as issued by the State Government Departments/Boards of Technical Education, Government of India

Advanced Diploma Course in Industrial Safety, from RLI’s & CLI’s India Regional Labour Institutes (RLI) in Chennai, Faridabad, Kanpur, and Kolkata and the Central Labor Institute in Mumbai (CLI).

Post-Graduate Diploma in Occupational Health and Safety from Govt. recognised University or and Institutions.

  ** Applicant possessing Bachelor’s degree in Occupational Health and Safety from Govt. recognised Institutions may be exempted from the listed above Academic Qualification.

  Governing body need to decide how they can include the overseas OHS Professionals, in case they are allowed to practice, the individual must get registration done as OHS professional from the authorities provided they meet registration criteria including age, work experience, (the individual need to provide documentary proof, e.g. a testimonial from your employer specifying clearly the period of employment where you served in a OSH-related designation) and applicant must hold one of below mentioned the credentials at the time of registration:

·         Certified Safety Professional (CSP) from BCSP, USA.

·         Canadian Registered Safety Professional (CRSP).

·         NEBOSH National or International Diploma in Occupational Health and Safety, UK.

·         Professional Member of Singapore Institution of Safety Officers (SISO).

·         Chartered Member of the Institution of Occupational Safety and Health (CMIOSH).

  Note: Above mentioned credentials are merely example of well-known credentials for OHS Professionals. It is the discretion of OHS Professional registration authority for include similar other education programs or omit from the list above.

Work Experience:

In order to qualify for the OHS Professional, the applicant meet following requirements.

*Minimum 1 years of work experience for the applicant holding Master and/or Bachelor’s, in Industrial Safety or Occupational Health & Safety.

or

*Minimum 2 years of work experience for the applicant holding Diploma or Advance Diploma or Post Graduate Diploma in Industrial Safety or Occupational Health & Safety.

  Registration Validity:

  Registration shall be required to be renewed every 5 years after initial enrolment. Registered OHS professional need to maintain the records in the form of Continual Development Professional Development (CPD). Individual need to submit the documented evidence related to CPD upon advised by Registration authority. CPD refers to the development of new skills or knowledge and maintenance of existing knowledge and skills to ensure it remains up to date.  CPD can be undertaken for personal or professional development.

  Similar to OHS Professionals, the registration process must be initiated for Industrial Hygienist (IH)/Occupational Hygienist (OH) professionals practicing in India, with inclusion of requirements of IH qualifications, work experiences etc. 

Note: Details specified under work experience and other categories are purely an examples. It is up to the Registration authority to carryout changes in the requirements.

  Reference:

* Institute for Human Development India

* National Occupation Safety & Health Profile by DGFASLI and ILO -Labour Bureau of India,

  Disclaimer:

The views expressed in this article are my own and do not represent the opinion of any entity whatsoever with which I have been am now or will be affiliated. The author expressed his views based on his experiences with simple expectation of overall improvements Occupational Health and Safety Professionals Standards in India.

Lavish P. Lokhande CIH,CSP,CHMM, CMIOSH