Chapter 2 SAFETY MANGEMENT IN'INDIA INTRODUCTION 2.1 Study of history reveals that dating back from the age of ancient civilisations in Egypt and Rome it has been a long journey for safety management system. Time and again there has been delayed recognition of the importance of safety and health at the place of work. In recent times remarkable developments in safety management have taken place. Historically, such turnaround in injury statistics i~ the outcome of interplay of many factors over a long period of time. It has enabled industries to successfully reduce industrial injuries. Obviously, such turnaround in injury statistics has not taken place overnight. In the following section, a short review of the evolution of safety in the factories in India will be made to have an historical perspective of interplay of various factors in the safety management. 2.2 HISTORY OF SAFETY MANAGEMENT IN INDIA The history of safety management in India is very much linked with the history of industrialisation in the country. Prior to 1870, textile mills were established in Bombay due to the easy availability of good quality of cotton from the neighbouring areas, favourable Climatic conditions and convenient transportation facility for merchandise in the port city. Similarly, iron works were established in and around the port city of Calcutta as iron are and coal were amply available in the eastern region of India. To meet the demands of the industry, mining activity in the country increased enormously. Simultaneously, there was ~ need 'for faster mode of transportation in the vast country like India. Consequently, the railway lines were laid to connect various parts of India. For the maintenance of such huge railway transportation system, railway repairs and maintenance workshops were gradually established in various parts of the country. Similarly, alor.g the widely spreadout coastline in the peninsular India, major and minor ports were established to transport the growing merchandise and the passenger traffic. Consequent to such development, the need to ensure safety for men and materials in certain sectors of economic activity in India arose. Gradually, for the management of safety, various legislations related to safety and health were 2S formulated and enacted in four major non-agricultural sectors of economic activity namely Factories, Mines, Railways and Docks. In the following section, the history of safety legislation in Indian industries is described based on information drawn from a Marathi publication titled "Karkhane Adhiniyam Shatabdi (1881-1981) Smarak Grantha" (Government of Maharashtra, 1982). 2.2.1 Safety legislation in Factories In the early stage of industrialisation, un~ygienic and unsafe working conditions of textile mills were a cause of great concern to a few philanthropists in Bombay. Two social activists, Shir N.M. Lokhande and Shri Shorabjee Shaporji Bangalee struggled relentlessly to improve the deplorable working conditions of mill workers in Bombay. Shri N.M. Lokhande was an editor of a local daily in Bombay and also held the post of Chairperson of Mill Workers' ASSOCiation. Shri Shorabjee Shaporji Bangalee was a Parsee philanthropist and worked as an agent for a textile machinery manufacturer. Both of them were making consistent efforts to draw the attention oJ the British Government to alleviate the problems faced by the textile workers. In a weekly magazine titled Rosht Gottar (Supporter of Truth) Shri Bangalee used to contribute articles depicting the deplorable working conaitions of the textile mill workers in Mumbai (Modi & Krishnan, 1982). Surprisingly, the demand for improving the working conditions of the workers in the Indian textile mills was strongly made from an entirely unseemly .~ quarter. Lancashire Textile Association made a strong appeal urging the Indian Government to take' appropriate safety and health measures for the textile mill workers. In fact, the textile mills in Bombay enjoyed a unique competitive advantage over their competitors in UK due to locally available raw materials and cheap labour. Fearing the loss of business, the Lancashire Textile Association prevailed upon the Secretary of State, Government of India to introduce legislation similar to the Factories Act of U.K. in India. Some of the Englishmen namely Major Moore aOld Mr. Ballard were sympathetiC to the cause of the legislative intervention for protection of workers in Indian factories. On the 23,d March, 1875 a Royal Commission was appOinted by the 16 Bombay Government at the instance of the Secretary of State to look into the details of working conditions of textile mills and to recommend measures to frame rules related to wages and working conditions of the workers. The committee comprised of renowned textile mill owners, Sir Mangaldas Nathibhai, Sir Dinshaw Petit, Morarji Gokuldas and Huge Maxwell. This commission interviewed owners, workers and medical practitioners to assimilate evidences. Wag;;s and remuneration of the workers were not included in the agenda for the commission. All" the Commission members, except the district magistrate of Mumbai Mr. F.F. Arabbhanot, were against framing of rules. The Committee members argued that framing of rules will discourage entrepreneurs to start new factories. However, the commission recommended prohibition of employment of children under 8 years and working hours beyond 12 hours a day for adults. These recommendations were viewed with suspicion by the Indian public and resisted by the textile mill owner (Modi & Krishnan, 1982). During that time of strong resistance from the mill owners and the prevailing public sentiment against the recommendations of the commission, Shri S.S. Bangalee fought tenaciously for the cause of textile labourers. He studied the Commission report and started preparing a draft Factories Act in order to protect the safety and health of the mill workers. His efforts were mainly responsible for getting a bill refereed to the Indian legislature on the 7th November 1879 (Tata, 1982). An organised body of workers also put in a , strong plea before . the legislatil re ' for redressing their grievances. . Subsequently, the first Indian Factories Act (Act No. XV of 1881) was enacted in India on the 1st July 1881. All the manufacturing establishment having mechanical powers and employing 100 or more workers were brought under the scope of the Act. The Act gave limited measure of protection to children by prohibiting employment of children below seven years of age. The Act' prohibited the practise of employing child labour in two separate factories on the same day. It restricted the working hours in factories to nine hours per day. The Act required factory owners to grant four holidays in a month and also rest intervals during the work. A provision was made in the Act to provide machineguards for dangerous parts of machinery to protect employees from injuries. The practise of Accident Reporting was made statutory for the employers (Srivastava, 1963). However, the Act did not make any special provision for the women workers. The implementation of the Act was entrusted upon the district collectors without making provision for employment of staff for the inspection of factories (Tata, 1982). Due to almost complete lack of adequate inspection, the 1881 Act was far from adequate in checking the abuses and injustice done to the factory workers in India. Nevertheless, promulgation of the Factories Act recognised the fact that Government would not hesitate to interfere in the industrial sector to protect the weak and the oppressed. The inadequacy of the 1881 Act led to continuous agitation by workers under the leadership of Bangalee for its amendment (Modi & Krishnan, 1982). In 1882, at the behest of the Bombay Government Mr. Meadking, an English Inspector. investigated the conditions of labourers in industries and submitted his recommendations for amending the Act of 1881. Later on, in the year 1884, a commission was constituted under the Chairmanship of Mr. U.W.B. Mulock, District Magistrate of Mumbai, to review those recommendations for implementation in the Bombay Division. The commission constituted of two members from the Bombay Chamber of Commerce and two members from the Bombay Mill Owners' Association. Apart , from them Shri Shorabjee Shaporji Bangalee and Dr. Blane, a coroner as well as three more members were inducted in the commission. Interestingly, several sittings of the Commission prepared the stage for the labour movement India. Because, prior to those Commission sittings, various representatives of the workers met several times to jointly place their viewpoints before the Commission. Both, Mr. Sangalee and Mr. N.M. Lokhande, played vital role in presenting the case of workers to the Commission. Unfortunately, the Commission's recommendations for providing various safeguards to labours came to a nought as the Government of India declined to amend the existing Act. In 1886-87 Mr. Mead Jones's report depicting the factory conditions in Bombay 28 was published in England. Following the publication of the Jane's report, agitation for protecting the interest of the textile mill workers gained momentum. In 1890, once again the Government of India appointed a Factories Commission to review the provisions made in the Act and its implementation. Finally, the amended Act was passed and came into force on January 1, 1892. The Act was definitely an improvement over the previous Act. The added provisions of the amended Act were: a) inclusion of all the factories employing 50 or more workers under the purview of the Act; b) raising the minimum age of Children to work in the factory to nine years; c) limiting the hours of work of women workers to 11 hours a day within 8 A.M to 8 P.M. d) stipulating seven hours of working a day for children between nine and fourteen years of age; e) making provisions for a weekly holiday and f) allowing women workers one and half hours of interval if they were required to work for the pennissib/e maximum hours (Modi & Krishnan,1982). The Provincial Governments were empowered to make rules regarding measures of sanitation and comfort (Srivastava, 1960). In the last decade of the 19th century, the advent of electricity created a new situation in the factories. Factories started working round the clock arid conditions of the labours deteriorated. Devastating effects of plague at about the same time had its repercussions on the availability of labour to meet the increasing demand of production. In 1905 a boom in the cotton industry led to long hours of work. The partition of Bengal also took place at about this time. As a protest against the partition, British goods, especially textiles were boycotted in Bengal by the local population. It gave rise to unusual production activity in Indian textile factories. Consequently, with the sharp fall in the demand for the cotton textiles from India the Lancashire cotton lobby clamoured for stricter labour legislation in India. Safety and health situation in the factories were, in fact, in a very bad shape in India. Evasions of the provisions made in the 1881 Act were widespread. Factories which did not work for more than 4 months in a year were not brought under the Act. Ginning factories which were not brought 29 within the purview of the 1881 Act were the worst offenders. Various safety provisions made under this Act were also proved to be inadequate. A number of tragic fires in the cotton presses took place between 1901 and 1906 resulting in more than 50 deaths. The government of India took a serious view of the situation and in 1902 introduced a new Bill for further amending the earlier Acts and this was circulated for public opinion (Srivastava, 1960). In 1906, the Secretary of ::;~ate appointed a Textile Factories Labour Committee under the Chairmanship of Mr. Freer Smith, to investigate the working conditions in the textile mills. Again in 1907, under the Chairmanship of Hon. Morrison, another Committee was constituted. Following these, a Bill containing the recommendations of these Committees was introduced and Factories Act of 1911 was enacted. The 1911 Act was similar to the UK Act 1833. Its salient feature was the formation of the system of Factory Inspectorate system to enforce the provisions under the Act. Other provisions under the Act included (a) limiting the hours of work of male .adults and children to 12 and 6 hours, respectively with a rest interval of half an hour and (b) children were required to produce certificates regarding their age and physical fitness. During post First World Was period (1914-1918) with the inception of ILO in 1919, conventions on working hours, minimum age, night work of women and young persons etc., were adopted. In India the growth of labour movements, stirring of public interest on labour issues and a number of industrial strikes led to the .ratification of the most of the (LO conventions. in 1921. A 60-hour week was conceded and night work for women and children under 14 was prohibited. In 1922, the Factories Act was amended to include within its scope the industrial undertakings using mechanical power and employing 20 or more persons. The minin'lUm age of children working in the factories was raised to 12 years. Similarly, the maximum age of child workers was also raised to 15 years. The working hours for adults were restricted to a maximum of 11 hours per day and 60 hours per week. For administrative 30 purposes minor amendments of the Act were made in 1923 as well as in 1926 (Srivastava, 1960). In 1929, following serious labour unrest in the country, the Government of India announced appointment of a royal commission by His Majesty the Emperor of England. The purpose of this commission was to review the existing law in detail and make suitable recommendations after conducting an enqUiry into the living condit::ns of Indian working population in industrial undertakings and plantations. This resulted in the Bill of 1934 being passed into Act. Under the provisions of this Act a number of amendments were made. The most important among these provisions were the reduction of hours of work to 48 hours per week and the grant of ten days' holiday with pay for 12 months' approved service. World War II broke out during 1939-45. During wartime, the Government relaxed application of the Factories Act to gear up production to meet the needs of the war. In the process, safety took a back seat. Hectic production schedules and desperate attempts to meet the production deadlines at any cost led to many industrial accidents specially incidents of fire with loss of life and property. In 1945, Govemment of India appointed a Chief Advisor of Factories for advising the Government on matters related to occupational safety and health including fire fighting measures in industrial establishments (Modi & Krishnan, 1982). With the attainment of India's independence in 1947, a comprehensive central enactment applicable to the entire country for the protection of workers was enacted in the year 1948. This Act is known as The Factories Act 1948. The work of consolidating and amending the Factories Act was entrusted to the Chief Advisor of Factories (CAF) presently called as Directorate General of Factory Advisory Service and Labour Institutes (DGFASLI) under the Ministry of Labour, Government of India. Meanwhile, a committee was set up under the Chairmanship of Sir Wilfred Garrett to review the Factories Act 1948. Sir Wilfred Garrett was the first Chief Advisor or Factories and also ex-His Majesty's Chief Inspector of Factories of UK. The committee recommended 31 that there should be an arrangement at the central level to train the factory inspectors and to create research facility to set up standards, relating to safety and health at the place of work. These recommendations were instrumental in establishing Central Labour Institute located in Mumbai and Regional Labour Institutes located in Chennai, Calcuttta, and Kanpur (DGFASLI, 2003). The main objectives of the Factories Act 1948 are to ensure adequate safety measures and to promote health and welfare of the workers employed in factories. It is the main legislation goveming safety, health and welfare of persons employed in factories. It is a central enactment but is enforced by the state governments. The power of making rules under the act is also invested in the Sate governments. The Factories Act empowers the Central government to issue directions to the State governments with regard to the execution of the provisions of the Act. The Act extends to the whole of India and applies to all establishments carrying out manufacturing process and employing 10 or more workers where power is used and to establishments carrying out manufacturing process and employing 20 or more workers where power is not used. State government is, however empowered to apply the provisions of the Act to any premises, irrespective of the employment therein where manufacturing process is carried on with or without the aid of power. However, in cases where the work is done by the worker solely with the help of the members of his family the provisions of the Act would not be applicable (Govt. of India, 20(1). Constitutionally, labour. is a concurrent subject. For the purpose of enforcement of various provisions of the Act, the state governments appoint persons with the prescribed qualifications as Inspectors/Certifying Surgeons in respect of the local limits assigned to each of them. In addition, every District Magistrate is the 'Inspector' for his district. The inspector possesses requisite powers such as those relating to entry into the factory, inspection of premises, plant and machinery, making on the spot enquiries, requiring production of documents, etc., for effective enforcement of the Act. The duties of the Certifying Surgeons are to examine young persons and to issue the certificate of fitness, to conduct periodical examination of persons engaged in dangerous occupations in factories and to exercise general medical supervision. Model Rules were framed under the relevant provisions of the Act in order to maintain uniformity in the administration of the Act in various states. These rules were framed by the Directorate General of Factory Advice Service and Labour Institutes (DGFASLI), which is an attached office of Ministry of Labour, Government of India. In order to achieve uniformity in the standards of enforcement DGFASLI, on behalf of the Ministry of Labour, enlists the cooperation and involvement of the state governments by convening annual conference of the Chief Inspectors of Factories of aU the states. The Conference acts as a forum to discuss all matters related to the administration of the Act as well as amendments to the provisions, if any, under the Act and the Rules enacted by the state governments (Govt. of India, 1993). • Significant amendments in the Factories Act 1948 were carried out during 1954 and 1976. The amendments carried out during 1954 were mainly to give effects to the ILO Conventions with a view to ratify them. The amendments in 1976 extended the coverage of the Act to contract workers and provided for the compulsory appointment of Safety Officers in certain factories thus giving statutory cover to the safety profession. Seeking prior permission to carry out any dangerous operations and processes was also made mandatory for the factory owners or the 'Occupier'. The amended Act introduced the concept of minimum penalty for the violation of safety provision in the industrial establishments. In 1984 the infamous Bhopal disaster took place. Consequent to this disaster, the comprehensive changes were made in the Factories Act. In its 1987 amendment, for the first time the Act had made provisions related to the physical location of the industry in the context of its neighbourhood. The amendments had three principal objectjves namely, i.) To locate the factory in such a manner it does not cause adverse effect to its neighbourhood. ii.} To provide for the measures of protection against the danger of handling hazardous substances. iii.) To enable the participation of workers in the safety management. Some of the concepts enshrined in the comprehensive ILO convention number 155 covering occupational safety, health and work environment were also incorporated in this amendment. These included compulsory disclosure of information to the worker and the wOrkGi'3 right to get trained. The concept of self-regulation was also introduced during 1987" amendment vide section 7(A) sub-section (1). The importance of training of workers on the matters related to safety and health was emphasised as one of the general duties of the occupier and the right was given to the worker to demand for training on safety and health. The worker has a right to warn the employer about the imminent danger of health and safety. Besides, amendment to various Sections of the Principal Act, the amended Act omitted Section 100 of the principal Act inserted 7A, 78, 87A, 96A, 104A, 106A, 111A and 118A; substituted Sections 36 and 38 by new sections; inserted a new Chapter IV-A and inserted two new Schedules. For over a period of 50 years several amendments in the Factories . Act have strengthened the safety and health provisions in the industrial sector. After the Bhopal tragedy, the amendments made in the Factories Act have brought the workplace safety and health requirements to a sharp national focus. Apart from the Factories Act, at least 17 Acts (e.g., The Explosives Act. 1884, amended in 1983; The Manufacturing Storage and Import of Hazardous Chemicals Rules, 1989 etc.) have been enacted for the protection of occupational safety, health and environment (Govt. of India, 2001). 2.3 EVOLUTION OF SAFETY MANAGEMENT: INTERPLAY MULTIPLE FORCES OVERVIEW OF Researcher believes that the study of history of safety management is more of a history of safety legislation and less of management. In fact, study of history reveals that study of management made a beginning with Taylorism to streamline and boost the manufacturing process. While management process evolved to be an integral part of the manufacturing process, safety 34 management never emerged to be an essential a part of it except in highly hazardous industries. Historically, the process of safety management in the production process was imposed upon by the society through legislative interventions. Thus, the study of the history of safety management turns out to be a history of safety legislation. Even in this century, the trend continues and there is the need for invoking the legislative intervention for injury prevention in the society since safety manageiiient is yet to be an integral part of the manufacturing process. The need for such intervention is emphasised when an eminent transport safety specialist proposes the need for a "forgiving system" in which 'kinds of designs, rules and regulations would reduce the probability of people hurting each other or themselves even when they make mistake' (Mohan., 2000:3). He appeals, ' ... we have a societal and moral responsibility to design our products, environment and laws so that people find it easy and convenient to behave in a safe manner without sacrificing their needs to earn a living and fulfil their other societal obligations' (Mohan, 2000:2). A review of the history of safety legislation reveals the role of certain forces in harnessing the cause of safety. A. Role of Management or Owners: For years, the value of safety and health at the workplace was overlooked in the absence of any economic. necessity to protect the life and health of workmen. However, cause of safety has drawn support from the management or the owners whenever they realise that the investm!3nt towards safety makes a good bUSiness sense . . Management are found to be proactive about safety whenever they realise that a) higher cost of premature replacement of equipment damaged or destroyed by accidents, b) prohibitive direct or indirect cost of compensation due to fatal or even nonfatal accidents ami c) severe penalty awarded for noncompliance is less economical than the investment on safety and health. With the present compulsion to obtain ISO certification which requires integration of occupational safety and health with quality and productivity, management finds that occupational safety and health do make a good business sense. 35 History also suggests that there are occasions when to bring competitive parity among manufacturers, safety measures were demanded by a group of management to be imposed upon those manufacturers who did not care for those. Ultimately, whatever happened was indeed to the advantage to the cause of safety of the people but in reality it was sheer business interest rather than human interest that prevailed upon in implementing safety in the industry. B. Role of Legislation: In most of the cases, significant advances in safety have taken place through legislative intervention. Safety legislation, to a vast eldent, is engaged in an examination of the actual state of affairs within 'manmachine-environment system' to detennine whether and to what eldent modern technology can be accepted by law. The legal system can never abandon the life and the health of the citizens to the dangers inherent in modem technology. It must determine as a reflection of the basic political decision as well, whether and to what eldent modern technology can be accepted by law. Thus the legal system constitutes the measures by which the political intent of the voter or citizens can shape the components of manmachine-environment systems (Ridley, 1999). Occupational health and safety laws and standards are based on a technical approach to the management of occupational health and safety risk. In the technical literature, risk management is defined as a three staged process (Ridley, 1990; Viner, 1996). First, hazards in the work environment are identified; second, the risks posed by theSe hazards are assessed; and finally, appropriate controls for risks are selected according to a risk control hierarchy (Mathews, 1993). According to the principle of this hierarchy, the control measures that target hazards at their source and act on the work environment are more effective than controls that aim to change the behaviour of exposed workers. Thus, technological control measures, such as the SUbstitution of hazardous substances or processes and engineering controls, are preferable to individual controls such as the introduction of safe work practices or the use of personal protective equipment. 36 C. Role of Political influences: Political influences operate at three levels (Ridley, 1999). At the first level, grass-root level workers and electors put pressures on the representatives of the parliament to make laws in order to provide protection against perceived occupational hazards. Politicians in their turn, to appease the voters or to create a vote bank take up the cause of the voters. Ultimately a private member's Bill is proposed, debated and passed through the legislature. At the second level, an event or incident can occur whose result is so traumatic that the nation and the parliament is shaken up and get into action. Safety, health and environment related legislation passed • in India by the parliament after the Bhopal tragedy is an example of political influence at this level. At the third level, the ruling party, with an eye on political expediency, may decide to introduce legislation that will increase its standing as a political party among marginal groups of voters (Ridley, 1999). D. Role of Union Activism: The legislative intervention is preceded by the union activism. In many countries, collective bargaining has played a vital role in workplace safety improvements for many years. Union influence has been exerted not only in direct negotiations but also through financing or supporting safety and health research, lobbying for safety and health legislation and supporting liability suits filed by union members. E. The Role of Technology: Technology has played a vital role in creating a need for extensive and dynamic safety program (Findlay & Kuhlman, 1980). Scientists and engineers have been continuously developing new equipment and process both for manufac~uring as welJ as for protecting the workers from hazardous work environment. Personal protective equipment are made more comfortable and user friendly to maintain the productive efficiency of the worker. In many places robotic technology is used to ensure the safety and health of workers. Apart from the equipment and gadgets, technology for manufacturing goods or providing services, various innovative management technologies have been developed, tested and implemented to promote and sustain safety and health status of the working population in the world of work. 37 F. The Role of Research: The research in the area of medical sciences, ergonomics, and industrial hygiene helped defining limits on exposures in those cases where problems could be avoided by limiting the amount or duration of exposure. More importantly, research continues to identify substances and by-products, which are irreversible in effect and in some cases, carcinogenic. G. The Role of Training: For doing the job ~ificiently and safely, it is essential that employees are given systematic training .. Selecting qualified and welltrained personnel does not minimise the need for such training. Training imparted in safety, need not necessarily be termed as safety training and thereby create inhibition among employees towards such training due to the taboo attached to the concept of safety. Instead of professing ·safety" as 'a safe way of doing' and thereby inducing a defensive stance, ·safety" could be conceived as the 'right way of doing' (Florio & Staffore, 1962). As such, the purpose of the training is to educate employees about the correct way of doing the job. When such training is imparted, care is taken to produce goods or services ensuring quality, safety, customer delight and minimising damage or loss of any kind. Irrespective of the fact whether such integrated approach to training is adopted or not. most of the manufacturing firms in the organised sector impart safety related training to its employee. In India it is a statutory requirement to expose workers in hazardous industries to safety training and educate them on hazardous substances arId processes to which they are exposed in their workplace. Training imparted to the employees is to be followed-up by effective supervision to ensure that the employees are indeed following safe procedures of work and thereby internalised the training inputs. The ultimate objective of rendering safety training to the employees is to help them attain a desired level of competence to take responsibility for meeting statutory obligations in carrying out the work. This trend may, in course of time, give a new focus to the issue who will bea r the onus of responsibility for remaining safe at the place of work (Ridley. 1999). If imparting training to the employees 38 is considered as the end in itself instead of the means to prevent injury at the place of work, the purpose of training will hardly be fulfilled. H. Onus of Safety: Historically. in the initial stage of legislation. the onus of responsibility for remaining safe at work was thrust on those who operated the machinery. Accordingly. in the event of an accident it was considered that the operator working on the machine had caused accident and therefore was not eligible to get any compensation. In the niiJdle ()f the twentieth century the onus shifted from the worker to the occupier as the occupier is in the position of control of what is being done and how it is being done. In the present times, there is a growing realisation of the positive role that employees have to play in health and safety. The catalyst for this realisation seems to be the knowledge that is being imparted systematically to al/ the employees in the plant through weI/-Planned safety. health and environment related trainin9 pr09rammes. Ther~ are many examples that similar attempt is made to make the community outside the plant to .be knowledgeable about safety, health and environment aspects of the product and the plant. Some of these attempts have been made legal/y obligatory for manufacturers and suppliers to pass the information to their customers about hazards and safe operating. techniques for the products they supply. This obligation is met by preparing and issuing manuals, data sheets, statutory warnings etc. According to John Ridley' It remains to be seen how long it will be before and to what extent the judiciary will acknowledge and recognise that those with knowledge have ~n obligation to employ it in meeting statutory obligation"(Ridley. 1999:74). 39
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