WORKERS’ HEALTH AND SAFETY: A RIGHT OR LUXURY?

Today is World Day for Safety and Health at Work. Recent attention has been focused on safety of health workers to combat the COVID-19 pandemic. Should the discussion of safe practices in workplaces only be confined to times of epidemics and disasters? The adoption of occupational health and safety measures is the right of every worker, at all times, write Ram Aravind and Saamiksha Tangri in this blog.

Over the last two months, in the wake of the COVID 19 pandemic, a certain terminology has piqued our interest -- that of ‘PPE’, or Personal Protection Equipment, which comprises protective clothing, helmets and gloves that are designed to protect a worker’s body from injury or infection that can result from the work they undertake. In the fight against the corona virus, media reports have stressed the necessity of PPE for health workers, and its global shortage has hampered efforts of doctors, nurses and emergency first responders to effectively carry out their duties.

According to ILO estimates, every year, 2.78 million work related deaths are reported, of which 2.4 million deaths are a direct consequence of occupational diseases. Occupational diseases result from exposure to hazards (chemical and physical) involved in carrying out work. While COVID 19 has brought the occupational safety of health workers to the attention of citizens and governments, a safe and healthy work environment is critical for any worker to perform their tasks effectively and efficiently. In fact, the Indian constitution guarantees it as a fundamental right to a worker. Under Article 21, an employer is mandated by law to ensure the well-being of his/her labour force. Crucial aspects of ensuring a worker’s health and safety extend to providing adequate information on the occupational hazards, including the extent of exposure and its effect on the health of the worker, along with knowledge of laws and legislation under which the worker can seek redressal.

A gamut of laws in India, such as the Factories Act, 1948, the Mines Act, 1952 and the Workmen's Compensation Act, 1923 govern the employment and occupational safety rights of workers in the formal sector, but compensation under these Acts is difficult to obtain and coverage is insufficient. A study conducted by PRIA with agate workers in Gujarat found high exposure to silica dust among stonecutters employed in the factory units that led to high incidence of various respiratory diseases. Living in houses close to the factory also put their families at risk, but compensation did not extend to the loss of health and livelihood of family members.

Informal sector workers, who comprise 93% of India’s workforce, remain outside the purview and implementation of regulations designed to protect health and safety of workers. Rights of informal sector workers become invisible largely due to non-recognition of their place of work as ‘workplace’, as defined in the law. Small workshops run by Self-Help Groups (SHGs) in the confines of their homes are spaces for self-employment of lakhs of workers, but these spaces are not recognised as a ‘factory’ or workplace under the Factories Act, 1948 and, thus, these workers remain excluded from seeking legal redressal for occupational related diseases or adverse health effects.  

When viewed from a gender lens, the existing legislations in India seem to be preoccupied with maternal and reproductive health benefits to women workers, and not enough attention is paid to the risks they face as women in doing their jobs. Sexual harassment at work is a real and present work hazard for most women in India, including those working in the informal sector. In a study with women sanitation workers carried out by PRIA in Ajmer, Jhansi and Muzaffarpur, the women spoke about the harassment they faced while sweeping the streets and transporting waste to landfill sites in locations often outside city limits. A study carried out by Martha Farrell Foundation and PRIA with women domestic workers found that over 29% have been sexually harassed at work. The Sexual Harassment of Women at Workplace Act, 2013 provides for protection of women working in the informal sector through Local Committees in each district. This is a progressive step to protect them. However, lack of functional Local Committees, low awareness about the law, and fear of loss of livelihood exacerbates the occupational vulnerability of informal women workers.

An inclusive, rights-based approach towards occupational health and safety is required to protect all workers, those employed in the formal sector and those working in the informal sector. A first step to ensuring this needs worker education about their rights and responsibilities, and for employers to proactively share information with workers. Integrating an occupational safety paradigm into existing skill building programs could be another step in this direction. Mechanisation of work flows, peddled as an alternative to securing the health of workers in factories, at best delays the onslaught of adverse effects on workers’ health. Questions about the optimal usage of masks and protective gear have often been raised by the workers themselves, especially in scenarios where protective gear hinders their pace of work. Occupational safety takes a backseat when workers and employers prioritise productivity over safety. Innovation, to create more universal design solutions, to suit the occupational needs of workers, irrespective of gender, disability, or physical structure can encourage a behavioral shift in prioritising worker safety.

Today, on World Day for Safety and Health at Work, let us recommit to prioritising the safety of all (formal and informal sector) workers, not only during a pandemic, but at all times. The health and safety of India’s labour force must not be viewed in binaries, but as rights to be fulfilled. The post-COVID situation will manifest itself with newer challenges that will force us to re-think safety and occupational health, but will the effects trickle down to the less fortunate who have traditionally been missing from the discourse?

Ram Aravind is a research associate at PRIA. He is currently working on an environmental health course to be offered by PRIA International Academy

Saamiksha Tangri is an intern at PRIA, and has been systematizing PRIA’s three-decade work on Occupational Health and Safety. 

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