LABOUR LAW- II

PROJECT
ON
TOPIC: COMPARATIVE ANALYSIS OF HEALTH AND SAFETY
OF FACTORY & MINE WORKERS

UNDER THE SUPERVISION OF:

PROF P.K SARKAR

SUBMITTED BY
SUNIT SHANDILYA
1582111
BBA.LLB B
5th Year
 ACKNOWLEDGEMENT

The success and final outcome of this project on COMPARATIVE ANALYSIS OF

HEALTH AND SAFETY OF FACTORY & MINE WORKERS required a lot of
guidance and assistance from many people and I am extremely privileged to have got
this all along the completion of my project. All that I have done is only due to such
supervision and assistance and I would not forget to thank them. I respect and thank
Prof. P.K. Sarkar Sir, for providing me an opportunity to do the project work and giving
me all support and guidance which made me complete the project duly. I am extremely
thankful to him for providing such a nice support and guidance, although he had busy
schedule. I am thankful to and fortunate enough to get constant encouragement, support
and guidance from all Teaching staffs of Subject : Labour Law, which helped me in
successfully completing my project work. Also, I would like to extend our sincere
esteems to all staff in KIIT School of Law for their timely support.

Sunit Shandilya

Introduction
The term ‘Labour Welfare’ refers to the facilities provided to workers in and outside the
factory premises such as canteens, rest and recreation facilities, housing and all other
services that contribute to the wellbeing of workers. Welfare measures are concerned
with general wellbeing and efficiency of workers. In the early stages of
industrialisation, welfare activities for factory workers did not receive adequate
attention. Employers were not inclined to accept the financial burden of welfare
activities. Wherever employers provided for such amenities, it was more with a
paternalistic approach to labour rather than a recognition of workers’ needs. Hence the
state had to intervene, in discharge of its welfare responsibility, by using its persuasive
powers and/or by enforcing legislation, where persuasion failed. Compulsory
provisions are thus incorporated in the Factories Act, 1948 with respect to the
health,safety and welfare of workers engaged in the manufacturing process. In the
previous lesson you have studied the nature and characteristics of factories. In this
lesson, you will come to know about the health and welfare measures for workers in
factories.

Occupational health deals with all aspects of health and safety in the workplace and has
a strong focus on primary prevention of hazards. The health of the workers has several
determinants, including risk factors at the workplace leading to accidents,
musculoskeletal diseases, cancers, respiratory diseases, hearing loss, circulatory
diseases, stress related disorders and communicable diseases and others. Employment
and working conditions in the formal or informal economy embrace other important
determinants, including, working hours, salary, workplace policies concerning
maternity leave, health promotion and protection provisions, etc.

The research and regulation of occupational health and

safety are a relatively recent phenomenon; as labor movements arose in response to
worker concerns in the wake of the industrial revolution, worker's health entered
consideration as a labor-related issue. In 1833, HM Factory Inspectorate was formed in
the United Kingdom with a remit to inspect factories and ensure the prevention of
injury to child textile workers. In 1840 a Royal Commission published its findings on
the state of conditions for the workers of the mining industry that documented the
appallingly dangerous environment that they had to work in and the high frequency of
accidents. The commission sparked public outrage which resulted in the Mines Act of
1842. The act set up an inspectorate for mines and collieries which resulted in many
prosecutions and safety improvements, and by 1850, inspectors were able to enter and
inspect premises at their discretion. Otto von Bismarck inaugurated the first social
insurance legislation in 1883 and the first worker's compensation law in 1884 – the first
of their kind in the Western world. Similar acts followed in other countries.

DEFINITION:

As defined by the World Health Organization (WHO) "occupational health deals with
all aspects of health and safety in the workplace and has a strong focus on primary
prevention of hazards”2. Occupational health is a multidisciplinary field of healthcare
concerned with enabling an individual to undertake their occupation, in the way that
causes least harm to their health.

Since 1950, the International Labour Organization (ILO) and the World Health
Organization (WHO) have shared a common definition of occupational health. It
defines it to be, “The highest degree of physical, mental and social well-being of
workers in all occupations”. It was adopted by the Joint ILO/WHO Committee on
Occupational Health at its first session in 1950 and revised at its twelfth session in
1995.

The definition reads:

Occupational health should aim at: the promotion and maintenance of the highest
degree of physical, mental and social well-being of workers in all occupations; the
prevention amongst workers of departures from health caused by their working
conditions; the protection of workers in their employment from risks resulting from
factors adverse to health; the placing and maintenance of the worker in an occupational
environment adapted to his physiological and psychological capabilities; and, to
summarize, the adaptation of work to man and of each man to his job. The main focus
in occupational health is on three different objectives:

(i) The maintenance and promotion of workers’ health and working capacity;

(ii) The improvement of working environment and work to become conducive to safety
and health and
 (iii) Development of work organizations and working cultures in a direction which
supports health and safety at work and in doing so also promotes a positive social
climate and smooth operation and may enhance productivity of the undertakings3.

III. PURPOSE/AIMS/ OBJECTIVES:

The discipline of occupational health is concerned with the two-way relationship

between work environment and health. The philosophy aims to promote and maintain
the highest degree of physical, mental and social well-being of workers in all
occupations: to prevent departures from health caused by their working conditions; the
protection of workers in their employment from risk resulting from factors adverse to
health; the placing and maintenance of the workers in an occupational environment
adapted to his physiological and psychological make-up.

Its main aim was to-

• To reduce industrial accidents.

• To prevent occupational hazards/ diseases.

• To achieve maximum human efficiency and machine efficiency.

• To reduce sick absenteeism.

Its main objective was to-

• To maintain and promote the physical, mental and social well being of the workers.

• To prevent occupational diseases and injuries.

• To adapt the work place and work environment to the needs of the workers i.e.
application of ergonomics principle.

• It should be preventive rather than curative.

IV. Health Provisions under the Factories Act, 1948:

Introduction: - Factories produce several kinds of goods useful to the society. They in
call the highest technology in the process of production, so also new means and
methods are introduced in the factors which produce huge quantities of obnoxious
gases and effluents causing danger to the workers. The first Factories Act was enacted
in 1881 which was replaced by the Act of 1934. The 1934 Act revealed a number of
defects and weaknesses which hampered effective administration of the Act, therefore
the Factories Act, 1948 was passed. The Act is in tune with the spirit of the Constitution
of India i.e. article 24, 39(e), 39(f), 42 and 48A. Health Provisions: - Provisions relating
to the health and cleanliness under the Factories Act, 1948 are contained in Chapter III
of the Act.

1. Cleanliness: - Section 11 of the Act deals with Cleanliness it prescribes certain

standard of cleanliness which every factory has to maintain. It says that every factory
shall be kept clean and free form effluvia arising from any drain, privy or other
nuisance. The duties in particular are as follows:

a) Accumulation of dirt and refuse shall be removed daily by sweeping or by any other
effective method from the floors and benches of workrooms and from staircases and
passages, and disposed of in a suitable manner;

b) The floor of every workroom shall be cleaned at least once in every week by
washing, using disinfectant, where necessary, or by some other effective method;

c) Where a floor is liable to become wet in the course of any manufacturing process to
such extent as in capable of being drained, effective means of drainage shall be
provided and maintained;

d) All inside walls and partitions, all ceilings or tops of rooms and all walls, sides and
tops of passages and staircases shall-

i. Where they are painted otherwise than with washable waterpaint or varnished, be
repainted or revarnished at least once in every period of five years.

a. Where they are washable waterpaint, be repainted with a tleast one coat of such
paint at least once in every period of three years and washed at least once in every
period of six months.
 ii. Where they are painted or varnished por where they have smooth impervious
surfaces, be cleaned atleast once in evry period of fourteen months by such method as
may be prescribed;

iii. In any other case, be kept white washed or colour washed, and the white washing or
colour washing shall be carried out at least once in every period of fourteen months. dd)
all doors and window frames and other wooden or metallic frame work and shutters
shall be kept painted or varnished and the painting or varnishing shall be carried out at
least once in every period of five years. e) The date on which the processes required by
clause (d) are carried out shall be entered in the prescribed register.

Section 11(2) lays down, if in view of the nature of the operations carried out in a
factory or class or description off factories or any part of a factory or any class or
description of factories, it is not possible for the occupier to comply with all or any of
the provisions of sub section (1), the state government may by order exempt such
factory or class or description of factories or part thereof from any of the provisions of
that sub-section and specify alternate methods for keeping the factory in a clean state.

2. Disposal of wastes and effluents: - Section 12 of the Act deals with Disposal of
wastes and effluents. It states that effective arrangements must be made in every factory
for the treatment of wastes and effluents due to the manufacturing process carried on it,
so as to render them innocuous. Where the drainage system of a factory is proposed to
be connected to the public sewage system, prior approval of the arrangements must be
obtained from the local authority. In case of other factories prior approval of the
arrangements made for the disposal of trade-wastes and effluents must be obtained
from the Health Officer.

3. Ventilation and temperature: - Section 13 of the Act deals with Ventilation and
temperature. It states that effective and suitable provisions must be made in every
workroom for securing and maintaining: a) Adequate ventilation by circulation of fresh
air, and b) Such temperature as will secure to workers reasonable comfort and
prevent injury to their health. The walls and roofs should be of such type as to keep the
temperature low. Where the nature of work carried on in the factory is likely to produce
excessively high temperatures, practicable measures should be taken to protect the
workers by separating such process from the work-room by insulting hot parts or by
other means.
The state Government may prescribe- a) Standards of adequate ventilation and
reasonable temperature and direct a thermometer to be maintained as specified. b)
Where excessive high temperatures can be reduced by white-washing, spraying or
insulating and screening outside walls or roofs or windows, or by raising the level of the
roof or by insulating the roof, such or other methods as shall be adopted in the factory.

4. Dust and fume: - Section 14 of the Act deals with Dust and fume. According to
Section 14, where dust or fume or impurity of such a nature is given off as a result of the
manufacturing process which is likely to be injurious or offensive, effective measures
must be taken to prevent its inhalation and accumulation in a workroom and if an
exhaust appliance is necessary for this purpose, it shall be applied very near to the point
of origin which must be enclosed. An internal combustion engine which is stationary
shall not be operated unless the exhaust is conducted into the open air. No internal
combustion engine shall be operated in any rooms unless effective measures have been
taken to prevent accumulation of fumes which are injurious.

5. Artificial humidification: - Section 15 of the Act deals with artificial

humidification. It says that in respect of all factors in which the humidity of the air is
artificially increased, the State Government may make rules- a) Prescribing standards
of humidification; b) Regulating the methods used for artificially increasing the
humidity of the air.; c) Directing prescribed test for determining the humidity of the air
to be correctly carried out and recorded; d) Prescribing methods to be adopted for
securing adequate ventilation an d cooling of the sir in the workrooms. Section 15(2)
states that in any factory in which the humidity of the air is artificially increased, the
water used for the purpose shall be taken from a public supply, or other source of
drinking water, or shall be effectively purified before it is so used. Section 15(3) further
states that if it appears to an Inspector that the water used in a factory for increasing
humidity which is required to be effectively purified under Sub-Section (2) is not
effectively purified he may serve on the manager of the

factory an order in writing, specifying the measures which in his opinion should be
adopted, and requiring that they be carried out before the specified date.

6. Overcrowding: - Section 16 of the Act deals with overcrowding in the factories.

According to it- (1) No room in any factory shall be overcrowded to an extent injurious
to the health of the workers employed there. (2) There shall be an every workroom of a
factory in existence on the date of the commencement of the Act at least 9.9 cubic
meters and of a factory built after the commencement of the Act at least 14.2 cubic
meters of space for every worker employed in it. (3) If the Chief Inspector by order in
writing so requires, there shall be posted in each workroom of a factory a notice
specifying the maximum number of workers who may, in compliance with the
provisions of this section, be employed in the room. (4) The Chief Inspector by order in
writing exempt, subject to such conditions, if any, as he may think fit to impose, any
workroom from the provisions of this section, if he is satisfied that compliance with it
in respect of the room is unnecessary in the interest of the health of the workers
employed there.

7. Lighting: - Regarding lightning in the factories, section 17 of the Act provides that
in every part of a factory where workers are working or passing, there shall be provided
and maintained sufficient and suitable lighting, natural or artificial, or both. Section
17(2) states that in every factory all glazed windows and skylights used for the lighting
of the workrooms shall be kept clean on both the inner and outer surfaces and this is
subject to the requirements of Section 13 as to ventilation and temperature. Section
17(3) states that in every factory effective provision shall, so far as is practicable, be
made for the prevention of – a) Glare, either directly from a source of light or by
reflection from a smooth or polished surface; b) The formation of shadows to such an
extent as to cause eye-strain or the risk of accident to any worker. The State
Government shall prescribe standards of sufficient and suitable lighting for factories of
any class or description of factories or for any manufacturing process.

8. Drinking water: - Section 18 provides that a sufficient supply of wholesome

drinking water must be provided and maintained at suitable and convenient points
which shall be marked ‘drinking water’ in the language understood by a majority of
workers. No such point shall be within 7.5 meters of any working place, urinal or latrine
unless a shorter distance is approved in writing by the Chief Inspector. In the factory
where more than 250 workers are ordinarily employed, effective arrangements must be
made for cooling drinking water during hot weather, and its distribution. The State
Government may make rules for securing compliance with above provisions and for
examination of the supply and distribution of drinking water in factories.
9. Latrines and Urinals: - According to section 19, in every factory sufficient and
separate latrines and urinals as prescribed for male and female workers must be
provided. The State Government is empowered to prescribe the number of latrine and
urinals to be provided in any factory, in proportion to the number of male and female
workers employed. Further these must be adequately lighted and ventilated and no
latrine or urinal shall, unless specially exempted by the Chief Inspector in writing,
communicate with any workroom except, through an intervening open space or
ventilated passage. Such accommodation must be kept in a clean and sanitary
condition, and sweepers must be employed for keeping latrines, urinals and washing
places clean.

In factories where more than250 workers are ordinarily employed- i) All latrines and
urinals accommodation shall be prescribed sanitary types, ii) The floors and walls up to
height of 90 cms of the latrines and urinals and the sanitary blocks shall be in glazed
tiles or otherwise provided with a smooth polished impervious surface. iii) The floors,
portions of the walls and blocks and sanitary pans of latrines and urinals shall be
thoroughly washed and clean at least once in every 7 days with suitable detergents or
disinfectants or both. The State Government may provide for further matters of
sanitation including the obligation of workers in this regard.

10. Spittoons: - Spittoons as prescribed by the State Government shall be provided at

such convenient places and shall be kept in a clean and a hygienic condition. Section 20
provides that no person shall spit within the premises of the factory except in Spittoons
and a notice containing this [provision and the penalty for its violation shall be
prominently displayed at suitable places. Contraventions of this provision are
punishable with a fine.

The Mines Act, 1952 contains provisions for measures relating to the health, safety
and welfare of workers in the coal, metalliferous and oil mines. According to the
Act,the term 'mine' means "any excavation where any operation for the purpose of
searching for or obtaining minerals has been or is being carried on and includes all
borings, bore holes, oil wells and accessory crude conditioning plants, shafts,
opencast workings, conveyors or aerial ropeways, planes, machinery works, railways,
tramways , slidings, workshops, power stations, etc. or any premises connected with
mining operations and near or in the mining area".
The Act prescribes the duties of the owner to manage mines and mining operation and
the health and safety in mines. It also prescribes the number of working hours in
mines, the minimum wage rates, and other related matters.

The Act is administered by the Ministry of Labour and Employment through the
Directorate General of Mines Safety (DGMS). DGMS is the Indian Government
regulatory agency for safety in mines and oil-fields. It conducts inspections and
inquiries, issues competency tests for the purpose of appointment to various posts in
the mines, organises seminars/conferences on various aspects of safety of workers.
The mission of DGMS is to reduce the risk of occupational diseases and injury to
persons employed in mines and to continually improve safety and health standards,
practices and performance in the mining industry. In order to fulfil its mission, DGMS
performs the following functions:-

Periodic inspections of mines to keep vigil over the status of safety.

Investigations into accidents, dangerous occurrence and complaints.

Granting statutory permissions for specific mining operations and laying down

precautionary measures while working.

Developing safety legislation and standards.

Undertaking safety promotional initiatives through safety campaigns, awareness

programmes and workers’ participation in safety management.

The Central Government has set up 'Courts of Inquiry' in order to investigate into the
accidents which result in the death of 10 or more miners.

19.Drinking water
(1) In every mine, both above and below ground, effective arrangements shall be
made to provide and maintain at suitable points conveniently situated for all persons
employed therein a sufficient supply of cool and wholesome drinking water.
(2) All such points shall be legibly marked "DRINKING WATER' in a language
understood by a majority of the persons employed in the mine and no such point shall
be situated within twenty feet of any washing place, urinal or latrine, unless a shorter
distance is approved in writing by the Chief Inspector.
(3) In respect of all mines or any class or description of mines, the Central
government may make rules for securing compliance with the provisions of
sub-sections 91) and (2) and for the examination by prescribed authorities of the
supply and distribution of drinking water.

20.Conservancy
(1) There shall be provided, separately for males and females in every mine, a
sufficient number of latrines and urinals of prescribed types so situated as to be
convenient and accessible to persons employed in the mine at all times.
 (2) All latrines and urinals provided under sub-section (1) shall be adequately
lighted, ventilated and at all times maintained in a clean and sanitary condition.

(3) The Central government may specify the number of latrines and urinals to be
provided in any mine, in proportion to the number of males and females employed in
the mine and provide for such other matters in respect of sanitation in mines
(including the obligations in this regard of persons employed in the mine) as it may
consider necessary in the interests of the health of the persons so employed.

21.Medical appliances
(1) In every mine, both above and below ground, there shall be provided and
maintained so as to be readily accessible during all working hours first-aid boxes or
cupboards equipped with the prescribed contents, and the number of such boxes or
cupboards shall not be less than one for every one hundred and fifty persons
employed in the mine.

(2) Nothing except the prescribed contents shall be kept in the boxes and cupboards
referred to in sub-section (1) and all such boxes and cupboards shall be kept in the
charge of any person employed in the mine who is trained in such first-aid treatment
as may be prescribed and who shall always be available during the working hours of
the mine.

(3) In every mine wherein more than five hundred persons are employed, there shall
be provided and maintained such ambulances and stretchers as may be prescribed and
an ambulance room of the prescribed size containing the prescribed equipment and in
the charge of such medical and nursing staff as may be prescribed.

22.Powers of Inspectors when causes of danger not expressly provided against

exist or when employment of persons id dangerous
(1) If in respect of any matter for which no express provision is made in this Act, or
in the regulations, rules or bye-laws or in any orders made thereunder it appears to the
Chief Inspector or the Inspector that any mine, or any part thereof or any matter, thing
or practice in or connected with the mine, or with the control, management or
direction thereof, is dangerous to human life or safety, or defective so as to threaten,
or tend to, the bodily injury of any person, he may give notice in writing thereof to the
owner, agent or manager of the mine, and shall state in the notice the particulars is
which he considers the mine, or part thereof, or the matter, thing or practice, to be
dangerous or defective and require the same to be remedied within such time as he
may specify in the notice.

(2) Without prejudice to the generality of the provisions contained in sub-section (1),
the Chief Inspector or the Inspector may, by order in writing addressed to the owner,
agent or manager of a mine, prohibit the extraction or reduction of pillars in any part
of the mine if, in his opinion, such operation is likely to cause the crushing of pillars
or the premature collapse of any part of the workings or otherwise endanger the mine,
or if, in his opinion, adequate provision against the outbreak of fire has not been made
by providing for the sealing off and isolation of the part of the mine in which such
operation is contemplated and for restricting the area that might be affected by a fire,
and provisions of sub-sections (4), (5), (6) and (7), shall apply to an order made under
this sub-section as they apply to an order made under sub-section (3).

(3) If the Chief Inspector or an Inspector authorised in this behalf by general or

special order in writing by the Chief Inspector is of opinion that there is urgent and
immediate danger to the life or safety of any person employed in any mine or part
thereof, he may, by an order in writing containing a statement of the grounds of his
opinion, prohibit, until the danger is removed, the employment in or about the mine
or any part thereof of any person whose employment is not in his opinion reasonably
necessary for the purpose of removing the danger.

(4) Where an order has been made under sub-section (3) by an Inspector, the owner,
agent or manager of the mine may, within ten days after the receipt of the order,
appeal against the same to the Chief Inspector who may confirm, modify or cancel the
order.

(5) The Chief Inspector or the Inspector making a requisition under sub-section (1)
or an order under sub-section (3), and the Chief Inspector making an order (other than
an order of cancellation) in appeal under sub-section (4) shall forthwith report the
same to the Central government.

(6) If the owner, agent or manager of the mine objects to a requisition made under
sub-section (1) or to an order made by the Chief Inspector under sub-section (3), or
sub-section (4), he may, within twenty days after the receipt of the notice containing
the requisition or of the order or after the date of the decision of the appeal, as the
case may be, send his objection in writing stating the grounds thereof, to the Central
government which shall refer the same to a Committee.

(7) Every requisition made under sub-section (1), or order made under sub-section
(3), or sub-section (4) to which objection is made under sub-section (6), shall be
complied with pending the receipt at the mine of the decision of the Committee:

Provided that the Committee may, on the application of the owner, agent or manager,
suspend the operation of a requisition under sub-section (1), pending its decision on
the objection.

(8) Nothing in this section shall affect the powers of a magistrate under section 144
of the Code of Criminal Procedure, 1898 (Act V of 1898)

23.Notice to be given of accidents

(1) Where there occurs in or about a mine
(a) an accident causing loss of life or serious bodily injury, or
 (b) an accidental explosion, ignition, spontaneous heating, outbreak of fire or
irruption of water, or

(c) an accidental breakage of ropes, chains or other gear by which men are lowered
raised, or

(d) an accidental over winding of cages, while men are being lowered or raised, or
(e) a premature collapse of any part of the workings,

the owner, agent or manager of the mine shall give notice of the occurrence to such
authority, in such form and within such time as may be prescribed, and he shall
simultaneously post one copy of the notice on a special notice board in the prescribed
manner at a place where it may be inspected by trade union officials and shall ensure
that the notice is kept on the board for not less than two months from the date of such
posting.
(2) Where a notice given under sub-section (1) relates to an accident causing loss of
life, the authority shall make an inquiry into the occurrence within two months of the
receipt of the notice and, if the authority is not the Inspector, he shall cause the
Inspector to make an inquiry within the said period.
(3) The Central Government may, by notification in the Official Gazette, direct that
accidents other than those specified in sub-section (1), which cause bodily injury
resulting in the enforced absence from work of the person injured for a period
exceeding forty-eight hours shall be entered in a register in the prescribed form or
shall be subject to the provisions of sub-section (1).

(4) A copy of the entries in the register referred to in sub-section (3) shall be sent by
the owner, agent , or manager of the mine, within fourteen days after the 30th day of
June and the 31st day of December in each year, to the Chief Inspector.

24.Power of Government to appoint Court of inquiry in cases of accidents

(1) When any accident occurs in or about a mine causing loss of life or serious bodily
injury or when an accidental explosion, ignition, spontaneous heating, outbreak of fire,
irruption of water, breakage of ropes, chains or other gear by which men are lowered
or raised, or when an accidental over winding of cages occurs in or about a mine
while men are being lowered or raised, the Central Government may, if it is of
opinion that a formal inquiry into the causes of and circumstances attending the
accident ought to be held, appoint a competent person to hold such inquiry and may
also appoint any person or persons possessing legal or special knowledge to act as
assessor or assessors in holding the inquiry.

(2) The person appointed to hold any such inquiry shall have all the powers of a civil
court under the Code of Civil Procedure, 1908 (Act V of 1908), for the purpose of
enforcing the attendance of witnesses and compelling the production of documents
and material objects; and every person required by such person as aforesaid to furnish
any information shall be deemed to be legally bound to do so within the meaning of
section 176 of the Indian Penal code (Act XLV of 1860).

(3) Any person holding an inquiry under this section may exercise such of the
powers of an Inspector under this Act as he may think it necessary or expedient to
exercise for the purposes of the inquiry.

(4) The person holding an inquiry under this section shall make a report to the
Central Government stating the causes of the accident and its circumstances, and
adding any observations which he or any of the assessors may think fit to make.

25. Notice of certain diseases

(1) Where any person employed in a mine contracts any disease notified by the
Central Government in the Official Gazette as a disease connected with mining
operations, the owner, agent or manager of the mine, as the case may be, shall send
notice thereof to the Chief Inspector and to such other authorities, in such form and
within such time as may be prescribed.

(2) If any medical practitioner attends on a person who is or has been employed in a
mine and who is or is believed by the medical practitioner to be suffering from any
disease notified under sub-section (1), the medical practitioner shall without delay
send a report in writing to the Chief Inspector stating-

(a) the name and address of the patient,

(b) the disease from which the patient is or is believed to be suffering, and

(c) the name and address of the mine in which the patient is or was last employed.

(3) Where the report under sub-section (2) is confirmed to the satisfaction of the
Chief Inspector by the certificate of a certifying surgeon or otherwise that the person
is suffering from a disease notified under sub-section (1), the Chief Inspector shall
pay to the medical practitioner such fee as may be prescribed, and the fee so paid shall
be recoverable as an arrear of land revenue from the owner, agent or manager of the
mine in which the person contracted the disease.

(4) If any medical practitioner fails to comply with the provisions of sub-section (2),
he shall be punishable with fine which may extend to fifty rupees.

26. Power to direct investigation of causes of disease

(1) The Central Government may, if it considers it expedient to do so, appoint a
competent person to inquire into and report to it on any case where a disease notified
under sub-section (1) of section 25 has been or is suspected to have been contracted in
a mine, and may also appoint one or more persons possessing legal or special
knowledge to act as assessors in such inquiry.
 (2) the provisions of sub-sections (2) and (3) of section 24 shall apply to an inquiry
under this section in the same manner as they apply to any inquiry under that section.

27.Publication of reports
The Central Government may cause any report submitted by a committee under
section 13 or any report or extracts from any report submitted to it under section 26,
and shall cause every report submitted by a Court of inquiry under section 24 to be
published at such time and in such manner as it may think fit.

The paper will now discuss the ethical challenges in OHS, using case studies collected
through various sources during interaction with workers and worker advocacy groups in
Gujarat. These will be explored in the light of the ICOH Codes.

Case 1 A worker in a paracetamol manufacturing unit approached us for guidance. He

was suffering from skin rashes, which we suspected from his history were occupational
in origin. We consulted a dermatologist practising privately for a patch test, before
approaching the ESIS. This dermatologist got the worker to provide samples of
chemicals handled by him and carried out patch tests for all of them, including caustic
lye, and informed the worker that he had occupational dermatitis. The caustic lye burned
the skin, causing the worker immense pain. The doctor admitted that he did not know the
concentration which had to be used for such tests and had used it undiluted. Finally, he
refused to certify it as a case of occupational dermatitis as he had been guilty of an
unethical practice during testing. This case highlights the need for occupational health
workers to not only maintain and provide written records, but more importantly, uphold
their integrity. Providing written records prevents partiality and reduces the chances of
tampering.

CONCLUSION AND SUGGESTIONS

The present Factories Act in operation for the last 37 years has provided ample
benefits to the factory workers. It has considerably improved their working and
employment conditions. The Government is actively considering the introduction of
some vital amendments to the Act to keep it in tune with time and make it more
effective While dealing with the duties of the Occupier and Factory Manager under
Factories Act 1948, altogether we can conclude that the Occupier and Factory
Manager has a vital role to play in assuring the health, safety and welfare of the
workers as they are the backbone of the industrial sector. It is, however necessary that
the workers and their representatives make themselves aware of the various
provisions of the Act and safeguard their interests on their own and force the
defaulting employer to be conscious of his legal obligations.