CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

COMPARATIVE PROVISION RELATED TO HEALTH AND SAFETY

OF WORKER IN INDIA WITH REFERENCE TO USA, UK & JAPAN
A Project Report submitted in partial fulfilment of the course Labour Law-II for
the requirement of degree of B.A. LL.B. (Hons.) for the academic session 2020-21

SUBMITTED BY:

Ashutosh Suman

Roll No. - 1920

5th Semester, 3rd Year

SUBMITTED TO:

Ms. Pallavi Shankar

Faculty of Labour Law II

Chanakya National Law University

Nyaya Nagar, Mithapur, Patna

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ACKNOWLEDGEMENT
The present project on the” Comparative Provision Related To Health And Safety Of
Worker In India With Reference To Usa, Uk & Japan” has been able to get its final shape
with the support and help of people from various quarters. My sincere thanks go to all the
members without whom the study could not have come to its present state. I am proud to
acknowledge gratitude to the individuals during my study and without whom the study may not
be completed. I have taken this opportunity to thank those who genuinely helped me.

With immense pleasure, I express my deepest sense of gratitude to Ms. Pallavi Shankar, Faculty
of Labour Law II, Chanakya National Law University for helping me in my project. I am also
thankful to the whole Chanakya National Law University family that provided me all the
material I required for the project. Not to forget thanking to my parents without the co- operation
of which completion of this project would not had been possible.

I have made every effort to acknowledge credits, but I apologies in advance for any omission
that may have inadvertently taken place.

Last but not least I would like to thank Almighty whose blessing helped me to complete the
project.

Thanking you,

Name-Ashutosh Suman

Roll No.-1920

Course-B.A. LL.B. (Hons.)

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DECLARATION

I hereby declare that the work reported in the BA.LLB (Hons.) Project Report entitled
“Comparative provision related to health and safety of worker in india with reference to
USA, UK & Japan.”” submitted at Chanakya National Law University is an authentic record of
my work carried out under the supervision of Ms. Pallavi Shankar. I have not submitted this
work elsewhere for any other degree of diploma. I am fully responsible for the contents of my
project report.

SIGNATURE OF CANDIDATE
NAME OF CANDIDATE : ASHUTOSH SUMAN
CHANAKYA NATIONAL LAW UNIVERSITY , PATNA

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Contents
ACKNOWLEDGEMENT............................................................................................................2

INTRODUCION............................................................................................................................5

AIMS AND OBJECTIVES.......................................................................................................6

HYPOTHESIS............................................................................................................................6

RESEARCH METHODOLOGY.............................................................................................6

LEGISLATION RELATED TO HEALTH AND SAFETY OF WORKER IN INDIA.........7

LEGISLATION RELATED TO HEALTH AND SAFETY OF WORKER IN USA...........11

LEGISLATION RELATED TO HEALTH AND SAFETY OF WORKER IN UK.............14

LEGISLATION RELATED TO HEALTH AND SAFETY OF WORKER IN JAPAN......19

COMPARATIVE STUDY..........................................................................................................22

CONCLUSION............................................................................................................................26

BIBLIOGRAPHY........................................................................................................................27

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INTRODUCION
The origin of the concept of workplace health & safety can be traced back to labor movement
during the Industrial Revolution in Europe in the 18th century. During this revolution, unions of
workers were formed to work towards the welfare of workers. Workers began to demand better
working conditions. Authorities gradually acceded to the demands of the workers and put in
place several regulatory measures to this effect.

Workplace safety is a composite field related to safety, health and welfare of people at work. It
narrates the strategy and methods in place to ensure health and safety of employees within a
workplace.

Workplace safety includes employee awareness related to the knowledge of basic safety,
workplace hazards, risks relating to hazards, implementation of hazard preventions, and putting
into practice necessary safer methods, techniques, process, and safety culture in the workplace.

It also includes safety rules and regulations designed mostly on the basis of existing government
policies. Every organization puts in place a number of safety rules and regulations for its people.
Safety training and education for employees is imparted periodically with a view to making them
aware about and updating them with latest safety measures.

Workplace safety is about putting a stop to injury and sickness to employees in the workplace.
Therefore, it is about safeguarding assets and health and life of the employees. It also features in
cutting down the cost of lost-work hours, time spent in putting short-term help and the schedule
and services that may fall off due to less of service providers, pressure on those providers who
are selecting the absent employees portion or poor case, having to shut out or shut down a
program due to lack of providers.

Poor safety and health conditions are likely to endanger fulfilment of the security needs of
employees, and hence the importance of regulatory measures by various organizations in
different sectors. Safety hazards are those aspects of working conditions which can cause
immediate and sometimes violent harm to an employee. Examples of such loses are loss of
hearing, eye sight, or body parts; sprains and broken bones; and burns and electric shocks.

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AIMS AND OBJECTIVES

1. To analyze about the health provision of India, US, UK and Japan.

2. To analyze about the safety provision of India, US, UK and Japan.

HYPOTHESIS

Most of the countries has some imperative legislation when it comes to maintaining and ensuring
the health and safety standards of workers because worker well-being is paramount in the smooth
functioning and progress of any organization or industrial set-up.

RESEARCH METHODOLOGY
The Researcher will be relying on Doctrinal method of research to complete this project.

SOURCES OF DATA
For the purpose of executing this project work the researcher has relied upon web based data
material.

METHOD OF WRITING
The method of writing followed in the course of this research paper is primarily analytical.

LIMITATION OF THE STUDY

One of the most significant hindrances that the researcher had to face was the paucity of time
pertaining to the execution of the project.

MODE OF CITATION
For the Purposes of executing this project work the researcher has resorted to a uniform mode of
citation.

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LEGISLATION RELATED TO HEALTH AND SAFETY OF

WORKER IN INDIA
The Factories Act

This is an Act to consolidate and amend the law regulating labour in factories. It came into force
on the 1st day of April, 1949 as the Factories Act,1948 and extends to the whole of
India(Government of India, 1948). The legislation for labour welfare, known as the Factories
Act, 1948, was enacted with the prime objective of protecting workmen employed in factories
against industrial and occupational hazards. With that intent it imposes upon owners and
occupiers certain obligations to protect unwary as well as negligent workers and to secure
employment for them which is conducive and safe. The Act’s objective is to protect human
beings from being subjected to unduly long hours of bodily strain and manual labour. It provides
that employees should work in healthy and sanitary conditions as far as the manufacturing
process will allow and that precautions be taken for their safety and for the prevention of
accidents. In order to ensure that the objectives are carried out, local governments are
empowered to appoint inspectors to call for returns and to ensure that the prescribed registers are
duly maintained. The Act provides for the health, safety, welfare and other aspects of OHS for
workers in factories. It is enforced by the state governments through their factory inspectorates.
It also empowers the state governments to frame rules, so that local conditions prevailing in the
state are appropriately reflected in the enforcement, to make the punishments provided in the Act
stricter and that opportunities are taken advantage of to make certain other amendments found
necessary in the implementation of the Act. It should not be forgotten that the Act sanctions
interference with the ordinary rights of the citizen and that the inquisitorial powers that are given
should be used with tact and circumspection.

The provisions for workers ‘safety, health and welfare are generally found to be inadequate and
unsatisfactory and even such protection as is provided by this legislation does not extend to the
large mass of workers employed in workplaces not covered by the Act. In view of the large and
growing industrial activities in the country, a radical overhauling of the Factories Act is called
for and cannot be delayed.

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The Mines Act

This is an Act to amend and consolidate the law relating to the regulation of labour and safety in
mines and extends to the whole of India. The Indian Mines Act which is related to the regulation
and inspection of mines was passed in 1923. Although it has since been amended in certain
respects, the general framework has remained unchanged. Experience of the Act’s working
revealed a number of defects and deficiencies which hampered its effective administration. Some
of these necessitated new forms of control, while others required the tightening of existing legal
provisions. Therefore, it was considered necessary to thoroughly overhaul the existing Act to
amend and consolidate the laws relating to the regulation of labour and safety in mines, which
resulted in the enactment of the Mines Act, 1952(Government of India, 1952).The significant
obligations under the Mines Act and the Mines Rules, 1955 include the formation of safety
committees in every mine where more than 100 persons are employed; providing a notification
of accidents and the appointment of workmen’s inspectors by the manager (one inspector for
every 500 miners)(Government of India, 1952; Government of India, 1955). According to this
Act the owner, agent or manager has to remove any dangerous or defective situation, as per the
directions of the inspector. Further, the Act states that adolescents (not completed 15 years) are
prohibited from any mining operation; the initial and periodical examination of miners is to be
conducted and notice has to be provided for any notifiable diseases.

The Directorate of Mines is empowered to undertake safety and occupational health surveys in
the mines and the central government is empowered to appoint a “competent” person for
inquiring into the occupational diseases that have been detected.

The Workmen’s Compensation Act

This is an Act that provides for the payment of compensation for injury by accident by certain
classes of employers to their workmen. The objective of the Workmen’s Compensation Act is to
make provision for the payment of compensation to a workman only, i.e., to the concerned
employee himself in case of his surviving the injury in question and to his dependents in the case
of his death(Government of India, 1923).An additional advantage of this type of legislation is
that by increasing the importance of adequate safety devices, it reduces the number of accidents

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that workmen have in a manner that cannot be achieved by official inspection. Further, the
encouragement given to employers to provide adequate medical treatment for their workmen
should mitigate the effect of those accidents which occur very often. The benefit so conferred on
the workmen, added to the increased sense of security which they will enjoy, should render
industrial life more attractive and thus increase the available supply of labour. At the same time,
a corresponding increase in the efficiency of the average workman may be expected. A system of
insurance would prevent the burden from pressing too heavily on any particular employer
(Government of India, 1923).The Act provides for cheaper and quicker disposal of disputes
relating to compensation through special tribunals are possible under the civil law. The passage
of time has widened the courts’ approach and their approach has become more liberal, leaning
towards the workman.

The Act relates to workers and the entire purpose of the statute is to see that the weaker section
of the community, namely, the working class is not caught in a tangle of litigation which
involves a protracted course of appeal.

The Employees’ State Insurance Act

This Act provides certain benefits to employees in case of sickness, maternity and employment
injury and makes provision for certain other matters in relation thereto. It extends to the whole of
India and shall apply in the first instance to all factories (including factories belonging to the
government) other than seasonal factories (Government of India, 1948).1

The Employees ‘State Insurance Act, 1948 is a piece of social welfare legislation enacted
primarily with the objective of providing certain benefits to employees in case of sickness,
maternity and employment injury and also to make provisions for certain other matters incidental
thereto. The Act tries to attain the goal of socio-economic justice enshrined in the Directive
Principles of State Policy under Part IV of the Constitution, in particular, Articles 41, 42 and 43
which enjoin the State to make effective provision for securing the right to work, to education
and public assistance in cases of unemployment, old age, sickness and disablement, and in other
cases of any undeserved want, to make provision for securing just and human conditions of work
and maternity relief, and to secure by suitable legislation or economic organization or in any

1
https://pria-academy.org/pdf/OHS/unit6/OHS_Unit-6_Course%20Content_OHS%20Legislation%20in
%20India.pdf ( 29th oct. 2020, 5:51P.M.)

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other way, to all workers, a living wage, decent standard of life and full enjoyment of leisure and
social and cultural activities. The Act strives to materialize these avowed objectives though only
to a limited extent. The Act covers a wider spectrum than the Factories Act, in the sense that
while the Factories Act is concerned with the health, safety, welfare, leave, etc, of the workers
employed in a factory premises only, the benefits of the Employees ‘State Insurance Act extend
to employees whether working inside the factory establishment or elsewhere, or if they are
directly employed or employed by the principal employer or through an intermediate agency, if
the employment is incidental or in connection with the work in the factory or establishment,
meaning thereby, under this Act, it is not the place of work, but the nexus between the work and
the factory or establishment which is important. Elaborate machinery has been provided for the
effective administration of the Act, the apex body being the ESI Corporation, subordinate to
which are the Standing Committee and Medical Benefit Council. The Corporation is a public
corporation controlled and subsidized by the government for the benefit of employees. Its
objective is to render service to a penurious section of the public. The funds required for the
scheme’s functioning are raised from contributions, both from employers and employees, grants,
donations and gifts from governments, local bodies, individuals or bodies whether corporate or
not (ESI Fund). For adjudication of disputes and claims Employees ‘Insurance Courts are being
created. Provision for recovery of contribution, penalty and damages for default, prosecution and
punishment, etc, have also been provided as a part of this Act.

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LEGISLATION RELATED TO HEALTH AND SAFETY OF

WORKER IN USA

The Occupational Safety and Health Act of 1970 is a US labor law governing the federal law of
occupational health and safety in the private sector and federal government in the United States.
It was enacted by Congress in 1970 and was signed by President Richard Nixon on December
29, 1970. Its main goal is to ensure that employers provide employees with an environment free
from recognized hazards, such as exposure to toxic chemicals, excessive noise levels,
mechanical dangers, heat or cold stress, or unsanitary conditions. The Act created the
Occupational Safety and Health Administration (OSHA) and the National Institute for
Occupational Safety and Health (NIOSH).

In passing the Act, Congress declared its intent "to assure so far as possible every working man
and woman in the Nation safe and healthful working conditions and to preserve our human
resources."

The Act created the Occupational Safety and Health Administration (OSHA), an agency of the
Department of Labor. OSHA was given the authority both to set and enforce workplace health
and safety standards. The Act also created the independent Occupational Safety and Health
Review Commission to review enforcement priorities, actions and cases.2

The Act also established the National Institute for Occupational Safety and Health (NIOSH), an
independent research institute in the then Department of Health, Education & Welfare now
under-Centers for Disease Control and Prevention.3

The Act defines an employer to be any "person engaged in a business affecting commerce who
has employees, but does not include the United States or any state or political subdivision of a
State." The Act applies to employers as diverse as manufacturers, construction companies, law
firms, hospitals, charities, labor unions and private schools.

2
Ashford, Nicholas A. Crisis in the Workplace: Occupational Disease and Injury. Cambridge, Mass.: MIT Press,
1976. ISBN 0-262-01045-3
3
Ibid

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Churches and other religious organizations are covered if they employ workers for secular
purposes. The Act excludes the self-employed, family farms, workplaces covered by other
federal laws (such as mining, nuclear weapons manufacture, railroads and airlines) and state and
local governments (unless state law permits otherwise). The Act covers federal agencies and the
United States Postal Service.

Section 5 of the Act contains the "general duty clause." The "general duty clause" requires
employers to 1) Maintain conditions or adopt practices reasonably necessary and appropriate to
protect workers on the job; 2) Be familiar with and comply with standards applicable to their
establishments; and 3) Ensure that employees have and use personal protective equipment when
required for safety and health.4 OSHA has established regulations for when it may act under the
"general duty clause." The four criteria are 1) There must be a hazard; 2) The hazard must be a
recognized hazard (e.g., the employer knew or should have known about the hazard, the hazard
is obvious, or the hazard is a recognized one within the industry); 3) The hazard could cause or is
likely to cause serious harm or death; and 4) The hazard must be correctable (OSHA recognizes
not all hazards are correctable).

Although theoretically a powerful tool against workplace hazards, it is difficult to meet all four
criteria. Therefore, OSHA has engaged in extensive regulatory rule-making to meet its
obligations under the law.5

Due to the difficulty of the rule-making process (which is governed by the Administrative
Procedures Act), OSHA has focused on basic mechanical and chemical hazards rather than
procedures. Major areas which its standards currently cover are: Toxic substances, harmful
physical agents, electrical hazards, fall hazards, hazards associated with trenches and digging,
hazardous waste, infectious disease, fire and explosion dangers, dangerous atmospheres, machine
hazards, and confined spaces.

Section 8 of the Act covers reporting requirements. All employers must report to OSHA within
eight hours if an employee dies from a work-related incident, or three or more employees are
4
Occupational Safety and Health Administration. All About OSHA. OSHA 3302-06N. Washington, D.C.: U.S.
Department of Labor, 2006.
5
Schneid, T.D. Legal Liability: A Guide for Safety and Loss Prevention Professionals. Aspen, Colo.: Aspen
Publishers, 1997. ISBN 0-8342-0984-5

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hospitalized as a result of a work-related incident. Additionally, all fatal on-the-job heart attacks
must also be reported. Section 8 permits OSHA inspectors to enter, inspect and investigate,
during regular working hours, any workplace covered by the Act. Employers must also
communicate with employees about hazards in the workplace. By regulation, OSHA requires
that employers keep a record of every non-consumer chemical product used in the workplace.
Detailed technical bulletins called material safety data sheets (MSDSs) must be posted and
available for employees to read and use to avoid chemical hazards. OSHA also requires
employers to report on every injury or job-related illness requiring medical treatment (other than
first aid) on OSHA Form 300, "Log of Work-Related Injuries and Illnesses" (known as an
"OSHA Log" or "Form 300"). An annual summary is also required and must be posted for three
months, and records must be kept for at least five years.

Section 11(c) of the Act prohibits any employer from discharging, retaliating or discriminating
against any employee because the worker has exercised rights under the Act. These rights
include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA
inspection, and participating or testifying in any proceeding related to an OSHA inspection.

Section 18 of the Act permits and encourages states to adopt their own occupational safety and
health plans, so long as the state standards and enforcement "are or will be at least as effective in
providing safe and healthful employment" as the federal OSH Act. States that have such plans
are known as "OSHA States." As of 2007, 22 states and territories operated complete plans and
four others had plans that covered only the public sector.

LEGISLATION RELATED TO HEALTH AND SAFETY OF

WORKER IN UK

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The Health and Safety at Work etc. Act 1974 is an Act of the Parliament of the United Kingdom
that as of 2011 defines the fundamental structure and authority for the encouragement, regulation
and enforcement of workplace health, safety and welfare within the United Kingdom.

The Act defines general duties on employers, employees, contractors, suppliers of goods and
substances for use at work, persons in control of work premises, and those who manage and
maintain them, and persons in general. The Act enables a broad regime of regulation by
government ministers through Statutory Instrument which has, in the years since 1974, generated
an extensive system of specific provisions for various industries, disciplines and risks. It
established a system of public supervision through the creation of the Health and Safety
Commission and Health and Safety Executive, since merged, and bestows extensive enforcement
powers, ultimately backed by criminal sanctions extending to unlimited fines and imprisonment
for up to two years. Further, the Act provides a critical interface with the law of the European
Union on workplace health and safety.

Section 1 sets out the objectives of the Act as:

 Securing the health, safety and welfare of persons at work;

 Protecting persons, other than persons at work, against risks to health or safety arising out
of or in connection with the activities of persons at work;
 Controlling the keeping and use of explosive or highly flammable or otherwise dangerous
substances, and generally preventing the unlawful acquisition, possession and use of such
substances.

As originally enacted, there was a fourth objective:

 Controlling the emission into the atmosphere of noxious or offensive substances;

but this provision was repealed when control of emissions was brought under a uniform scheme
of legislation by the Environmental Protection Act 1990. In general, the other provisions about
emissions in the original Act have subsequently been repealed.

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Section 2 states that "It shall be the duty of every employer to ensure, so far as is reasonably
practicable, the health, safety and welfare at work of all his/her employees" (emphasis added),
and in particular that such a duty extends to:

 Provision and maintenance of plant and systems of work that are, so far as is reasonably
practicable, safe and without risks to health;
 Arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks
to health in connection with the use, handling, storage and transport of articles and
substances;
 Provision of such information, instruction, training and supervision as is necessary to
ensure, so far as is reasonably practicable, the health and safety at work of his employees;
 So far as is reasonably practicable as regards any place of work under the employer's
control, the maintenance of it in a condition that is safe and without risks to health and
the provision and maintenance of means of access to and egress from it that are safe and
without such risks;
 Provision and maintenance of a working environment for his employees that is, so far as
is reasonably practicable, safe, without risks to health, and adequate as regards facilities
and arrangements for their welfare at work.

Section 3 states the duty of all employers and self-employed persons to ensure, as far as is
reasonably practicable the safety of persons other than employees, for example, contractors,
visitors, the general public and clients.

Employers must also prepare and keep under review a safety policy and to bring it to the
attention of his employees (s.2(2)). Trade unions may appoint safety representatives and demand
safety committees. The representatives have a right to be consulted on safety issues (ss.2(4), (6)
and (7)). Since 1996 employers have had a duty to consult all employees on safety matters.[9]
[10] No employer may charge an employee for provision of health and safety arrangements (s.9).

The Act does not apply to domestic servants (s.51).

Section 4 defines a duty of occupiers of premises, for example commercial landlords, managers
of serviced office accommodation, and also maintenance contractors, towards people who use
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those premises for work. Those premises, and the means of entry and exit, must be, as far as
reasonably practicable, safe and without risks to health.

An "article for use at work" is any (s.53(1)):

 Plant designed for use or operation, whether exclusively or not, by persons at work, and
 Article designed for use as a component in any such plant.

Section 6(1) defines the duty of any person who designs, manufactures, imports or supplies any
article for use at work to:

 Ensure, so far as is reasonably practicable, that the article is so designed and constructed
that it will be safe and without risks to health at all times when it is being set, used,
cleaned or maintained by a person at work;
 Perform such testing and examination as may be necessary to ensure safety;
 Take such steps as are necessary to secure that persons supplied with the article are
provided with adequate information about the use for which the article is designed, or has
been tested, and about any conditions necessary to ensure that it will be safe and without
risks to health at all times, including when it is being dismantled or disposed of; and
 Take such steps as are necessary to secure, so far as is reasonably practicable, that
persons are provided with all such revisions of information as are necessary by reason of
its becoming known that anything gives rise to a serious risk to health or safety.

A person may rely on testing done by others so long as it is reasonable for him to do so (s.6(6)).
A person may rely on a written undertaking by another person to ensure the safety of an item
(s.6(8)) Designers and manufacturers must carry out research to identify and eliminate risks, as
far as reasonably practicable (s.6(2)). Erectors and installers have responsibilities to ensure, as
far as reasonably practicable, that an article is so erected and installed that it will be safe and
without risks to health at all times when it is being set, used, cleaned or maintained by a person
at work (s.6(3)).

Section 6 was extended by the Consumer Protection Act 1987 to cover fairground equipment and
its use by persons at work and enjoyment by members of the public.

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Section 6(4) defines the duty of any person who manufactures, imports or supplies any substance
for use at work to:

 Ensure, so far as is reasonably practicable, that the substance will be safe and without
risks to health at all times when it is being used, handled, processed, stored or transported
by a person at work or in work premises;
 Perform such testing and examination as may be necessary to ensure safety;
 Take such steps as are necessary to secure that persons supplied with the substance are
provided with adequate information about any risks to health or safety to which the
inherent properties of the substance may give rise, about the results of any relevant tests
which have been carried out on or in connection with the substance, and about any
conditions necessary to ensure that the substance will be safe and without risks to health
and when the substance is disposed of; and
 Take such steps as are necessary to secure, so far as is reasonably practicable, that
persons are provided with all such revisions of information as are necessary by reason of
its becoming known that anything gives rise to a serious risk to health or safety.

Similar to the regulations concerning articles used at work, a person may also rely on testing or
written undertaking by another person to ensure the safety of substances used at work. The duty
to identify and eliminate risks of substances rests with manufacturers.6

The duties only extend to persons in business or acting by way of trade, even though not for
profit, and only to matters within their control (s.6(7)). Persons who import into the UK are not
relieved of liability for activities such as design and manufacture that took place outside the UK
and over which they had control.[12] Finance companies who supply articles or substances by
way of hire purchase or credit agreement have no duties under section 6 (s.6(9)).

Under section 7 all employees have a duty while at work to:

 Take reasonable care for the health and safety of him/herself and of other persons who
may be affected by his/her acts or omissions at work; and

6
Health and Safety at Work etc. Act 1974 (Commencement No.1) Order 1974

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 Co-operate with employers or other persons so far as is necessary to enable them to

perform their duties or requirements under the Act.

Section 8 requires that "no person shall intentionally or recklessly interfere with or misuse
anything provided in the interests of health, safety or welfare in pursuance of any of the relevant
statutory provisions."

Section 10 created two bodies corporate, the Health and Safety Commission and Health and
Safety Executive, who performed their respective functions on behalf of the Crown (section 10
and Schedule 2). The bodies had wide powers to further their objectives by all means other than
borrowing money (ss.11(6), 13). On 1 April 2008, the two bodies merged, the aggregate taking
the name Health and Safety Executive.

The Secretary of State has broad powers to make health and safety regulations (section 15).
Breach of regulations can lead to criminal prosecution under section 33. Further, the Health and
Safety Executive can issue codes of practice (section 16). Though breach of a code of practice is
not in itself a criminal offence it may be evidential towards a criminal breach under the Act
(section 17).

Because individual litigation is unlikely, given that employees may find the regulations complex,
the Health and Safety Executive enforces the Act. However, the HSE may also delegate its
functions to local government under section 18, which allows for a more decentralised and
targeted approach to regulation. Any enforcing authority may appoint inspectors with a written
document stating their powers. This is as evidence of their authority (section 19). Enforcing
authorities may indemnify the inspector against any civil litigation if he has acted in the honest
belief that he was within his powers (section 26).

LEGISLATION RELATED TO HEALTH AND SAFETY OF

WORKER IN JAPAN

The Japanese Industrial Safety and Health Act was first enacted in 1972. The purpose of this Act
is to secure the safety and health of workers in the workplace, as well as to facilitate the

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establishment of a comfortable work environment. To fulfill these purposes, the Industrial Safety
and Health Act aims to clarify the responsibility system in the workplace and to promote
proactive efforts by both employers and employees to maintain safety and health in the
workplace. Specifically, it is expected that occupational accidents will be prevented by
obligating employers to appoint safety and health personnel in accordance with the Act.

The current Japanese Industrial Safety and Health Act consists of 12 chapters including general
provisions, miscellaneous provisions, and penal provisions. key points of the Japanese Industrial
Safety and Health Act, especially in relation to Chapter 3 (Articles 10–19), which provides for
the organization of the safety and health management system. The configuration and functioning
of the system seem to be unique to Japan.

Although employers are obliged to ensure the safety and health of their employees, the activities
necessary to achieve occupational safety and health are required to be proactively carried out by
the employees themselves. In most cases, occupational safety and health activities will be more
successful and efficient when practiced under an organized system rather than by individual
workers. Chapter 3 prescribes the appointment of various people including managers, officers,
promoters, and industrial physicians who are responsible for the occupational safety and health
activities at their workplaces and supervise the safety and health organization. In addition,
Chapter 3 prescribes the composition and formation of the safety and health organization in
detail depending on the industry category and the size of the company. Further, Chapter 3
requires a specialized safety and health system for the construction and shipbuilding industries
where prime contractors and subcontractors coexist, resulting in a greater risk of accidents.

The Japanese Industrial Safety and Health Act prescribes two types of safety and health
management systems depending on the type of industry; general industries and other industries
in which a contracting relationship exists. This section presents the management system for
general industries.

General Safety and Health Manager, Safety Officer, and Health Officer (Articles 10, 11, and
12): Articles 10, 11, and 12 of Chapter 3 prescribe that the employer shall appoint a general
safety and health manager, a safety officer, and a health officer for each workplace. Then, having

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appointed a general safety and health manager, the employer shall notify the appointment to the
chief of the competent Labour Standards Inspection Office within 14 d.

The general manager is the chief executive of the safety and health department in the company.
The requirements in relation to the appointment of the general manager vary depending on the
number of employees. He/she shall be appointed in the following cases:

1) in high-risk industry (such as forestry, mining, construction, transportation, and cleaning)

workplaces with 100 or more employees.

2) in medium-risk industry (such as manufacturing, processing, electric, gas, and water supply
services, communication services, distribution, retail, and hotels) workplaces with 300 or more
employees.

3) in low-risk industry (classified as non-industrial indoor business) workplaces with 1,000 or

more employees.

Meanwhile, the safety officer and the health officer are the frontline occupational safety and
health practitioners in workplaces. They are in charge of the technical operations related to
occupational safety and health under the command of the general manager. In addition, they are
obliged to patrol their workplace with the aim of identifying and eliminating any occupational
accident risks in advance. As a general rule, a company with 50 or more employees must have
one or more safety/health officers. Though safety/health officers shall be appointed from among
the internal employees in principle, a licensed external consultant can be appointed depending on
the conditions.

In general, operations in the construction and shipbuilding industries are more dangerous than
those in other industries, and hierarchical contracting relationships are common in these
industries. In these cases, prime contractors and subcontractors may have their own independent
safety and health management systems, which may lead to confusion and/or inefficiency in a
workplace where there is a lack of coordination. Therefore, to prevent the responsibility for
occupational accidents from being overlooked by all parties, a properly unified management
system should be applied in the construction and shipbuilding industries. Apart from the

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management system for general industries mentioned above, the Industrial Safety and Health Act
provides for a specialized system for overall safety and health management in the construction
and shipbuilding industries. Depending on the number of workers at a given site in the
construction and shipbuilding industries, Articles 15 and 16 of the Act stipulate the appointment
of an overall safety and health controller, principal safety and health supervisor, site safety and
health supervisor, and safety and health controller.

Exchange of opinions between labor and management is important in preventing occupational

accidents, and Articles 17, 18, and 19 of the Industrial Safety and Health Act oblige employers to
establish either a safety committee, health committee, or safety and health committee. Through
these committees, the opinions of the employees will be effectively reflected in the safety and
health measures undertaken by the employer. These committees must meet at least once a month
and the minutes of the committee meetings must be retained for three years. The agenda for each
committee meeting must be communicated to all employees. Time spent by committee members
attending these meetings is regarded as official working time. In any committee, half of the
members, except the chairperson, shall be nominated by a union organized by a majority of all
employees. When the company has no union, half of the members shall be nominated by a
representative of the majority of the employees. The chairperson of the committee shall be the
general safety and health manager (Article 10) or some other person designated by the employer
from among those who supervise the overall work undertaken at the workplace.

COMPARATIVE STUDY
In India for safety and health of workers are given under the Factories Act, 194 provisions apply
to premises where ten or more workers worked. And for OSHA of US and HSWA of Uk, it also
requires 10 or more employees but there is no specific no. of employee which is mention in
Japan Industrial safety and health law.

Working condition of women and children

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Under factories act, 1948 Sec 67 states No child who has not completed his fourteenth year shall
be required or allowed to work in any factory. After 14 a child is only allowed to work when
certificate of fitness is given to him and he is not allowed to work for more than four and a half
hour and in night.

Section 66(1)(b) of the Factories Act, 1948 and Section 46(1)(b) of the Mines Act, 1952 states
that no woman shall be required or allowed to work in any factory except between the hours of 6
a.m. and 7 p.m.

In USA, under OSHA, it restrict the types of jobs and the hours that youth under age 18 can
work. They also prohibit workers under age 18 from using certain equipment. Workers have a
right to a safe workplace. The law requires employers to provide their employees with working
conditions that are free of known dangers. OSHA provides information, training, and assistance
to workers and employers. And there is no fixed working hour.

In UK, under HSWA it says that all employers to assess the health and safety risks that their
employees are exposed to whilst at work. It also requires that the risk assessment should  include
any specific risks to females of childbearing age who could become pregnant, and any risks to
new and expectant mothers. These risks can be from any process, working conditions, or
physical, biological or chemical agents. And there is no fixed working hours. An employer has a
responsibility to ensure that young people employed by them are not exposed to risk. It does not
allow a child under the age 16 to work.

In japan also under HIS act, No child who has not completed his fourteenth year shall be
required or allowed to work in industy. For women there is no specific provision under this act
but for ages and middle age person the employer shall endeavor to arrange an appropriate
assignment for them according to their physical and mental conditions.

Ventilation

In India, section 13 and 14 of factories act,1948 states that

 There must be a proper ventilation to maintain temperature and remove containment.

 Specific requirement on mechanical and or natural ventilation

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 At least 30 metre/min of air movement must be provided.

 Minimum about 6ACH of fresh air.

 LEV requirement to remove dust and fumes

 Requirement of drinking water

In USA, under OSHA, general ventilation requirement are not specified.

In UK, under HSWA Workplaces need to be adequately ventilated. Fresh, clean air should be
drawn from a source outside the workplace, uncontaminated by discharges from flues, chimneys
or other process out lets, and be circulated through the workrooms. Ventilation should al so
remove and dilute warm, humid air and provide air movement which gives a sense of fresh ness
without causing a draught. If the workplace contains process or heating equipment or other
sources of dust, fumes or vapours, more fresh air will be needed to provide adequate ventilation.
Window s or other openings may provide sufficient ventilation but, where necessary, mechanical
ventilaton systems should be provided and regularly maintained.

In Japan, under Japanese Industrial health and safety act, general ventilation requirement are not
specified.

Medical survillence and first aid

In india, sec 45 of the factories act, 1948 contain provision of first aid box and required content
of that boxes specified in the state rules.

In USA, under OSHA there is readily available medical professional and in absence of the
medical facility, training and first aid boxes required. Appendix on first aid box is not
mandatory.

In UK, under health and safety act there’s no provision related to medical survillence and first
aid.

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In Russia, under Japanese Industrial health and safety act, article 66 states that employer shall
have medical examinations of workers conducted by a physician.

Noise

In India, under factories act and state rule: Schedule XXIII, 90dBA and above considered high
level noise. In USA, under OSHA and in UK under HSWA 85dBA and above considered high
level noise. Whereas in japan, under industrial safety and health act, 80dBA and above
considered high level noise. And in all, employer shall ensure that no worker is exposed to high
level noise.

Written risk assessment

In India, under Factories Act 1948. (Section 7A and Section 7B), Employers who are the
manufacturer of dangerous or hazardous articles, plant or machinery, must identify the associated
risks, and issue a written assessment of all the risks and satisfactorily prove that the machinery
and articles will not prove to be detrimental to the worker's safety and health.

In UK, under HSWA Every employer shall make a suitable and sufficient assessment of-
(a)the risks to the health and safety of his employees to which they are exposed whilst they are at
work; and
(b)the risks to the health and safety of persons not in his employment arising out of or in
connection with the conduct by him of his undertaking,
for the purpose of identifying the measures he needs to take to comply with the requirements and
prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the
Fire Precautions (Workplace) Regulations 1997.

In USA and japan, there is no such provision that is given.

Authority

In India, under factories act, The State Government appoints inspectors to ensure that the
factories regularly comply with safety and health standards as provided by law. OSHA in USA
created the independent Occupational Safety and Health Review Commission to review
enforcement priorities, actions and cases. In UK, the executive or the local authorities appoints

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inspectors to ensure that the factories regularly comply with safety and health standards as
provided by law. In japan, the respective agency under article 51 of Japan ISH appoint inspector
to look into health and safety standard of worker.

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CONCLUSION

Health and safety provision is necessary and it comprises of certain steps that would develop a
safer workplace. Organizations should make sure that everyone else in the workplace is aware of
the core problem. People should notify their respective supervisors and they should file any
reports if there is a problem. An important aspect is that people should realize that there is a
problem as sitting back and holding the problem for a long time would not solve the problem.
Workers and human resources are the necessary components of all organizations due to their role
in the effective accomplishment of objectives. Corporations cannot achieve long-term success
and sustainable growth in the absence of motivated, safe, healthy, and effective workers. The
health and safety of all workers are necessary to ensure the enhancement of productivity and
efficiency at all levels and areas. Lack of safety measures can create havoc for the organization
and negatively affect the working criterion of an organization. The management has to devise
and implement effective safety procedures to reduce hazards and prevent accidents in the
workplace. The can motivate the employees through this perspective as employees admire
working in organizations that prefer safe working conditions. Employees believe that safer
working conditions enhance their ability work because they do not feel scared in troublesome
situations. The management should coordinate with all the related stakeholders when they devise
policies about safety at workplace, as this would enhance a positive change in an organization.
Different legislations also depict that organizations should focus on these perspectives and they
should attain self-sufficiency in providing workplace safety.

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BIBLIOGRAPHY
1. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7557416/

2. http://www.japaneselawtranslation.go.jp/law/detail/?

printID=&id=1926&vm=02&re=02

3. https://en.wikipedia.org/wiki/Health_and_Safety_at_Work_etc._Act_1974#Healt

h_and_Safety_Executive

4. https://pria-academy.org/pdf/OHS/unit6/OHS_Unit-6_Course%20Content_OHS

%20Legislation%20in%20India.pdf

5. https://www.slideshare.net/cartik38/comparison-of-us-and-india-health-and-

safety-regulations

6. https://www.hse.gov.uk/pubns/indg244.pdf

7. https://www.osha.gov/laws-regs/oshact/completeoshact

8. https://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---

ilo_aids/documents/legaldocument/wcms_117327.pdf

9. https://www.legislation.gov.uk/ukpga/1974/37/pdfs/ukpga_19740037_en.pdf

10. https://www.ilo.org/safework/info/publications/WCMS_217849/lang--

en/index.htm

11. https://labour.gov.in/sites/default/files/TheFactoriesAct1948.pdf

12. https://www.hse.gov.uk/noise/regulations.htm

13. https://www.ilo.org/dyn/natlex/docs/WEBTEXT/27776/64846/E95JPN01.htm

14. https://www.ilo.org/dyn/legosh/en/f?

p=14100:1100:0::NO:1100:P1100_ISO_CODE3,P1100_SUBCODE_CODE,P11

00_YEAR:GBR,,2013:NO

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