Ensuring Worker Safety Under The Occupational Safety, Health And Working Conditions Code, 2020: Challenges In India’s Chemical And Fireworks Industries
- IJLLR Journal
- 2 hours ago
- 3 min read
Ms. Saumya Baranwal, CHRIST (Deemed to be University), Delhi NCR.
ABSTRACT
Occupational safety and health play a crucial role in modern labour law, especially in high-risk sectors like chemical and fireworks manufacturing. Even though laws such as the Occupational Safety, Health, and Working Conditions Code, 2020 (OSHWC Code) have been introduced, the continued rise in industrial accidents in India shows a clear gap between what the law aims to achieve and how it is actually enforced. This paper examines the key challenges in applying the OSHWC Code within these industries and suggests the need for stronger, more practical, and industry-specific reforms to protect the safety and rights of workers.
The chemical and fireworks industries are naturally risky, as workers often deal with toxic chemicals, flammable materials, and high heat during production. The Occupational Safety, Health, and Working Conditions Code, 2020, was introduced to simplify and update existing labour laws and ensure uniform safety standards across all sectors. However, frequent workplace accidents show a clear gap between what the Code promises and how it is enforced in reality. This research is important not only because it reviews the law itself but also because it focuses on how weak enforcement in these high-risk industries can turn small mistakes into major disasters.
The year 2024 has once again been a grim period for workplace safety in India. Data collected by IndustriALL indicates that by December 10, there were at least 240 reported workplace accidents across the manufacturing, mining, and energy sectors, leading to over 400 deaths and more than 850 serious injuries.[1] The 2024 chemical plant explosion in Gujarat and the repeated accidents in Sivakasi, Tamil Nadu India’s fireworks hub highlight deep-rooted weaknesses in workplace safety management. These events reveal a pattern of regulatory complacency, inadequate risk management, and a significant lack of accountability, underscoring the need for a thorough legal examination. [2]
India’s approach to occupational safety cannot be fully understood without considering the Bhopal Gas Tragedy of 1984. This industrial disaster, which caused the deaths of over 15,000 people and affected many more, shows the severe consequences that unregulated hazardous industries can have on human lives and the environment. Even though laws like the amended Factories Act, 1948 and the Environment (Protection) Act, 1986 were introduced afterward, the enforcement of safety measures has often been reactive, driven more by public outrage than by proactive prevention.
The Bhopal disaster still shapes the mindset of India’s legal system, but it is clear that the OSHWC Code has not fully applied its lessons in practice. Although the Code requires regular risk assessments, safety audits, and the appointment of Inspector-cum-Facilitators, its enforcement is weak because there are no clear penalties for non-compliance. Additionally, the term “hazardous processes” is not clearly defined, leading to different interpretations and creating gaps in regulation.
India is a member state of the International Labour Organization (ILO) and has ratified several conventions that establish global benchmarks for workplace safety. Notably, Convention No. 155 (Occupational Safety and Health, 1981) and Convention No. 187 (Promotional Framework for Occupational Safety and Health, 2006) require states to formulate a clear national policy on occupational safety, coordinate enforcement mechanisms, and guarantee worker involvement in safety management.[3] However, India’s enforcement of these standards has largely been superficial. This paper recommends specific amendments to the Code to address and rectify these shortcomings.
Keywords: Occupational Safety, OSHWC Code, Fireworks Industry, Chemical Industry, Labour Law, ILO Conventions, Industrial Accidents.
