India: Health and safety

Original author: Kochhar & Co
Updating author: Trilegal
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Summary

• Separate health and safety legislation applies to different types of establishments, with factories covered by national legislation, and shops and commercial establishments covered by national legislation and by laws at the level of individual states. (See General)
• Employers in factories have a wider 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 establishments (including factories), the employer may be required by a general or special order issued by the government, to set up a safety committee, consisting of an equal number of representatives of workers and representatives of the employer. (See Safety representatives)
• The public authorities at the national level and 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, accident or disease arising out of or in the course of employment. Some other types of employees 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)