Exposure to hazardous agents or activities in the workplace causes occupational diseases. In India, with its diverse industrial workforce, addressing occupational health is not just a necessity but a legal obligation. Over time, Indian labour laws have evolved to provide protection, compensation, and rehabilitation to workers suffering from such diseases.
The focus of occupational health laws is not only on treatment and compensation but also on preventive care, safety standards, and employer accountability.
Legal Provisions Under Indian Labour Laws
The Employees’ Compensation Act, 1923
This is the primary legislation governing occupational diseases. Under Section 3, the employer must compensate any employee who contracts a disease specified in the Third Schedule of the Act, arising out of and in the course of employment.
- Part A, B, and C of Schedule III categorize different diseases:
- Part A includes diseases like anthrax, lead poisoning, etc.
- Part B includes diseases from compressed air work, radiation, etc.
- Part C is linked to specific types of employment (e.g., coal mining, asbestos handling).
Also, under Section 4, compensation is calculated based on the extent of disability and wage rate.
The Factories Act, 1948
This Act emphasizes preventive measures. Under Section 89, if a worker is diagnosed with an occupational disease listed in the Third Schedule, it must be notified to the Chief Inspector.
- The employer must ensure safe working conditions, proper ventilation, and protective equipment under Sections 13 to 17.
- The law also mandates regular medical check-ups, especially in hazardous industries.
Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
This law ensures health and safety of workers in construction, a high-risk sector. Rule 223–230 lay down medical examination and reporting obligations regarding occupational diseases.
Judicial Support and Government Initiatives
- Case Law: In Raj Kumar vs. Union of India (AIR 1988 SC 1802), the Supreme Court ruled that employers must compensate workers even if symptoms of an occupational disease appear after they leave the job.
- Government has introduced schemes like the Employees’ State Insurance (ESI) which provides medical benefits, cash compensation, and disability pensions for occupational diseases.
- The National Policy on Safety, Health and Environment at Workplace also pushes for a strong framework to prevent and monitor such diseases.
Mnemonic to Remember
To easily remember key laws related to occupational diseases in India, use:
“F.E.B. – Fight Every Biohazard”
- F – Factories Act, 1948
- E – Employees’ Compensation Act, 1923
- B – Building & Other Construction Workers Act, 1996
This mnemonic captures the core protective laws governing health and safety related to occupational hazards.
