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.
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.
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