According to the International Labour Organization’s analysis, nearly three million workers die every year worldwide due to work-related accidents and diseases. It also revealed that the Asia and the Pacific region has the highest work-related mortality (63% of the global total) because of the size of the region’s workforce. In India, data reveals that more than 1000 people died every year between 2012 and 2022 in factories registered under the Factories Act.
Over many years, India has made a concerted effort to become a global industry leader, driven by initiatives such as Make in India, Production Linked Incentives (PLI), and the development of industrial corridors, with a focus on boosting the industrial sector, attracting investments, and enhancing manufacturing capabilities. These efforts aim to transform India into a major economic powerhouse with substantial growth and job creation. However, as industrial activity intensifies, the need for stringent Occupational Safety and Health (OSH) measures becomes more pressing.
According to the International Labour Organization’s analysis, nearly three million workers die every year worldwide due to work-related accidents and diseases. The analysis further revealed that most of these work-related fatalities, about 2.6 million deaths, resulted from work-related diseases while work accidents accounted for another 330,000 deaths. It also revealed that the Asia and the Pacific region has the highest work-related mortality (63% of the global total) because of the size of the region’s workforce.
The Factories Act, 1948 stipulates rules regarding safety and working conditions
In India, the Factories Act of 1948 applies to a broad range of manufacturing and industrial establishments. The Act sets forth requirements for the registration and regulation of factories to ensure safe and healthy working conditions. It defines a factory as any premises, including the surrounding area, where:
- Ten or more workers are employed, or have been employed in any part of the preceding twelve months, and a manufacturing process is carried out with the aid of power, or is normally carried out with power; or
- Twenty or more workers are employed or have been employed in any part of the preceding twelve months, and a manufacturing process is carried out without the aid of power or is normally carried out without power.
It does not include mines, which is regulated by the Mines Act, 1952, mobile units belonging to the armed forces, railway running sheds, hotels, restaurants, or eating places.
Accidents and dangerous occurrences should be promptly reported by factory to concerned officers
Sections 88 and 88A of the Act deal with notifying accidents and dangerous occurrences in factories, which is the focus of this story. According to the rules under these sections, if an accident in a factory results in death or serious injury likely to cause death, or a dangerous occurrence such as bursting of pressure plants, failure of lifting appliances, explosion or fire, explosion of storage containers or structural failures, the factory manager must promptly notify the Inspector and Chief Inspector.
For accidents or dangerous occurrences that result in serious injury likely to cause death, the manager must also notify the District Magistrate or Sub-divisional Officer, the officer in charge of the nearest police station and the relatives of the injured or deceased person.
The initial notification must be followed by a written report within 12 hours. This report should be in:
- Form 25 for accidents or dangerous occurrences causing death or serious bodily injury.
- Form 26 for dangerous occurrences not causing bodily injury.
The rules also stipulate the time period within which these accidents must be reported
If the injury prevents the worker from resuming work for 48 hours or more following the accident or dangerous occurrence, the factory manager must report this to the Inspector in Form 25 within 24 hours after the 48-hour period ends.
If death occurs after the initial report, a new notice must be sent immediately and confirmed in writing within 12 hours.
If the 48-hour disability period starts later or occurs in multiple instances, the report must be sent in Form 25 within 24 hours after the total disability period reaches 48 hours.
The data is collated by the office of the Chief Inspector of Factories (CIF) /Directorate of Industrial Safety & Health (DISH) of all States/UTs which is compiled at the national level by the Directorate General of Factory Advice Service and Labour Institutes (DGFASLI). It should be noted that every person killed or injured is treated as one separate accident. If in one occurrence six persons were injured or killed, it is counted as six accidents.
Special penalties have been imposed based on gravity of incidents
In the event of accidents resulting from violations of the Factories Act, special penalties apply to emphasize the gravity of such incidents. For accidents that cause death, the minimum fine imposed is twenty-five thousand rupees. Similarly, in cases where accidents lead to serious bodily injury—defined as injuries involving permanent loss of limb use, permanent damage to sight or hearing, or significant bone fractures—the minimum fine is five thousand rupees.
Every day, at least 3 workers die in India due to accidents in factories
Data on the number of fatal injuries reported in factories registered under the Factories Act, 1948 reveals that more than 1000 people died every year between 2012 and 2022. That is, an average of 3 people working in factories died every day. During this period, the deaths reported in a year fell below 1000 only in 2021. From around 1300 deaths reported yearly from 2012 and 2013, the figure has slightly reduced to around 1100 in 2020, 2021, and 2022.
While these figures cover only registered factories, the actual fatality count could be much higher when workers in informal and unorganized sectors are also considered. Further, not all factories are registered under the Act since they need not qualify based on the conditions for same.
Non-fatal injuries have dropped significantly
With respect to non-fatal injuries, the data shows a significant decline in cases. From about 28,700 injuries in 2012, the number has dropped to less than 3000 each year since 2020. The sharp decline can be noticed from 2016. Even the non-fatal injuries per lakh workers dropped from more than 190 in 2012 and 2013 to less than 15 in 2020 and 2021. The non-fatal injuries per thousand registered factories have also fallen from more than 80 in 2012 to less than 9 in 2020 and 2021. While this may be attributed to improved safety in the work environment or better compliance, under-reporting of such non-fatal injuries cannot be ruled out since there has not been such a decline in the case of reported fatal injuries.
Enhanced safety measures were introduced by GoI in 2020
In 2020, the Government of India introduced the Occupational Safety, Health and Working Conditions Code, 2020, which consolidates and updates multiple existing labour laws related to workplace safety and health, including the Factories Act and the Mines Act. The revised code introduces enhanced safety standards, mandates the formation of safety committees in large establishments, and modernizes provisions to cover a broader range of workers. The Code emphasizes preventive measures, improved working conditions, and welfare, with updated penalties and compliance mechanisms to strengthen enforcement.
