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India: Health and safety

Original author: Kochhar & Co
Updating author: Trilegal
Consultant editor: AZB & Partners

See the legal services provided by the authors/consultant editors of XpertHR International > India, including any discounts/offers for subscribers.

Summary

  • Separate health and safety legislation applies to different types of establishment, with factories covered by national legislation and shops and commercial establishments by laws at the level of individual states. (See General)
  • Employers in factories have a wide range of statutory health and safety obligations, while those in shops and commercial establishments have more limited duties. (See Duties on employers and employees)
  • In certain factories using hazardous processes or substances, the employer must set up a safety committee, consisting of an equal number of representatives of workers and of management. (See Safety representatives)
  • The public authorities at the level of individual states are responsible for monitoring and enforcing compliance with health and safety legislation, and can refer violations for prosecution in the courts. (See Enforcement and penalties)
  • Employees covered by the Employees' State Insurance scheme are entitled to receive benefits in the event of an occupational injury or disease. Some other types of employee are entitled to compensation from the employer in the event of injuries arising out of, or in the course of, employment. (See Compensation for occupational injury or illness)