Question : Workplace Health and Safety Policy

(a)whether there is a proposal to draft new policy to ensure safety;
(b)whether the Government has proposed to set up a National Occupational Safety and Health Advisory Board to advise the Government on the matters relating to the code and if so, the facts thereof along with its composition;
(c)whether the Government has prescribed guidelines for the registration of companies and if so, the details thereof;
(d)whether the offices attached to the State or Central Government are exempt from this registration process and if so, the details thereof and the reasons therefor; and
(e)the time by which the proposed new draft policy is likely to come into existence?

Answer given by the minister

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT
(SHRI SANTOSH KUMAR GANGWAR)
(a): There is an existing policy declared by Government of India on 20th February, 2009, viz., the National Policy on Safety, Health and Environment at Workplace (NPSHEW) and no proposal to draft new policy for the same. The policy aims to establish a preventive safety and health culture in the country through elimination of the incidence
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of work related injuries, diseases, fatalities, disasters and to enhance the well-being of employees in all the sectors of economic activity in the country. The Policy contains preamble, goals, objectives & action programme: the action programme includes enforcement, national standards, compliance, awareness, research & development, occupational safety and health, skills development, data collection and review.

(b): Ministry of Labour and Employment (MoLE) has taken pre-legislative steps for drafting Labour Code on Occupation Safety, Health and Working Conditions, 2018 by simplifying, amalgamating and rationalizing the relevant provisions of the existing 13 Central Labour Laws relating to safety & health standards, working condition, welfare provisions for employee and leave and working hours. The Code inter alia envisages constitution of a National Occupational Safety and Health Advisory Board under the Chairmanship of the Secretary, MoLE to advise the Central Government on various matter related to the said Code.
(c) to (e): Adequate provisions already exist under the Companies, Act, 2013 and Rules made thereunder for the registration of companies and for exemption from registration process. Further, Ministry of Corporate Affairs has established a Central Registration Centre under Section 396 of the Companies Act, 2013 having jurisdiction all over India for speedier processing of incorporation related e-forms i.e. reservation of name and incorporation of companies. The Government of India has enacted the Factories Act, 1948 to ensure the safety, health and welfare of the workers working in the factories. The provisions contained under Section 6: Approval, licensing and registration of factories: embody the provisions for grant of license and registration of units to be registered as factories and such units may include companies.

The provisions contained under Section 86: Power to exempt public institutions- grants power to the state governments to exempt any workshop or workplace where a manufacturing process is being carried on and which is attached to a public institution for education, training, research from all or any of the provisions of the act.
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