PUBLIC HEALTH & SAFETY

1. E waste (Management) Rules 2020.

Link- https://cpcb.nic.in/uploads/Projects/E-Waste/e-waste_rules_2022.pdf

For the purpose of ensuring the safety and health, in the definition of E waste Management Rules 2020, 3(i)
'environmentally sound management of e-waste' means taking all steps required to ensure that e-waste is
managed in a manner which shall protect health and environment against any adverse effects, which may result
from such e-waste.

Section 10 of the E waste Management Rules 2020 mentions about the:-

10. Responsibilities of State Government or Union territories. - (1) The Department of Industry in

the State and Union territory or any other government agency authorised in this regard by the State

Government or the Union territory, as the case may be, shall ensure earmarking or allocation of industrial

space or shed for e-waste dismantling and recycling in the existing and upcoming industrial park, estate and

industrial clusters.

(2) Department of Labor in the State and Union territory or any other government agency

authorised in this regard by the State Government or the Union territory, as the case may be,

shall, -

(a) ensure recognition and registration of workers involved in dismantling and recycling;

(b) assist formation of groups of such workers to facilitate setting up of dismantling

facilities;

(c) undertake industrial skill development activities for the workers involved in dismantling

and recycling;

(d) undertake annual monitoring and to ensure safety and health of workers involved in

dismantling and recycling.

2. E-waste Rules, 2016

Section 8(4) : Responsibilities of refurbisher, Section 10(4) Dismantler, Section 11(4) Recycler

It is instructed to ensure that the dismantling processes do not have any adverse effect on the

health and the environment.

Section 12 talks about the Responsibilities of State Government for environmentally sound management of E-
waste. – (2) Department of Labour in the State or any other government agency authorised in this regard by the
State Government shall:

d. undertake annual monitoring and to ensure safety & health of workers involved in dismantling and recycling.

3. Factories Act, 1948

Link- https://labour.gov.in/sites/default/files/factories_act_1948.pdf

Section 7A. General duties of the occupier. — (1) Every occupier shall ensure, so far as is reasonably

practicable, the health, safety and welfare of all workers while they are at work in the factory.

(2) Without prejudice to the generality of the provisions of sub-section (1), the matters to which such
duty extends, shall include—

(a) the provision and maintenance of plant and systems of work in the factory that are safe and

without risks to health;

(b) the arrangements in the factory for ensuring safety and absence of risks to health in

connection with the use, handling, storage and transport of articles and substances;

(c) the provisions of such information, instruction, training and supervision as are necessary to

ensure the health and safety of all workers at work;

(d) the maintenance of all places of work in the factory in a condition that is safe and without

risks to health and the provision and maintenance of such means of access to, and egress from, such

places as are safe and without such risks;

(e) the provision, maintenance or monitoring of such working environment in the factory for the

workers that is safe, without risks to health and adequate as regards facilities and arrangements for

their welfare at work.

(3) Except in such cases as may be prescribed, every occupier shall prepare, and, as often as may be

appropriate, revise, a written statement of his general policy with respect to the health and safety of the

workers at work and the organisation and arrangements for the time being in force for carrying out that

policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner

as may be prescribed.

Section 7B. General duties of manufacturers, etc., as regards articles and substances for use in

factories. — (1) Every person who designs, manufactures, imports or supplies any article for use in any

factory, shall—

(a) ensure, so far as is reasonably practicable, that the article is so designed and constructed as to

be safe and without risks to the health of the workers when properly used;

(b) carry out or arrange for the carrying out of such tests and examination as may be considered

necessary for the effective implementation of the provisions of clause (a);

(c) take such steps as may be necessary to ensure that adequate information will be available—

(i) in connection with the use of the article in any factory;

(ii) about the use for which it is designed and tested; and

(iii) about any conditions necessary to ensure that the article, when put to such use, will be

safe, and without risks to the health of the workers:

Provided that where an article is designed or manufactured outside India, it shall be obligatory on the

part of the importer to see—

(a) that the article conforms to the same standards if such article is manufactured in India, or
(b) if the standards adopted in the country outside for the manufacture of such article is above the

standards adopted in India, that the article conforms to such standards.

(2) Every person, who undertakes to design or manufacture any article for use in any factory, may

carry out or arrange for the carrying out of necessary research with a view to the discovery and, so far as

is reasonably practicable, the elimination or minimisation of any risks to the health or safety of the

workers to which the design or article may give rise.

Section 10 of the Factories Act 1948 also talks about the State Government may appointing qualified medical
practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such factory or
class or description of factories as it may assign to them respectively. (Section 4 (c)The surgeon may carry out
his duties as prescribed to him and use his medical supervision as may be prescribed for any factory or class or
description of factories where—
(ii) by reason of any change in the manufacturing process carried on or in the substances used therein or by
reason of the adoption of any new manufacturing process or of any new substance for use in a manufacturing
process, there is a likelihood of injury to the health of workers employed in that manufacturing process;

(iii) young persons are, or are about to be, employed in any work which is likely to cause injury to their health.

Explanation. —In this section “qualified medical practitioner” means a person holding a qualification granted
by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916 (7 of 1916), or in the
Schedules to the Indian Medical Council Act, 1933 (27 of 1933)1

For focusing more towards the ‘Health’ of the workers, Chapter III of the Factories Act 1948 specifically
deals with the topic.

Apart from this there is a specification there are certain other provisions especially prescribed for the
deployment of Safety officers as per section 40 B(ii) of the act in the factory wherein, in the opinion of the State
Government, any manufacturing process or operation is carried on, which process or operation involves any risk
of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory.

Chapter IV A talks about the PROVISIONS RELATING TO HAZARDOUS PROCESSES wherein Section
41B of the Factories Act, 1948, mandates that the owner of a factory with hazardous processes must disclose
information about dangers and safety measures to workers, the Chief Inspector, local authorities, and the public
nearby. The owner must also establish and update a detailed health and safety policy for workers, sharing it with
the Chief Inspector and local authorities. This section promotes transparency and safety in factories involving
hazardous processes.

Similarly, Section 41D allows the Central Government to appoint an Inquiry Committee in cases of
extraordinary situations in factories with hazardous processes. The committee's purpose is to investigate health
and safety standards, identify the causes of failures in compliance, and prevent future similar situations.

Section 41G. Workers’ participation in safety management.—(1) The occupier shall, in every factory where
a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee
consisting of equal number of representatives of workers and management to promote co-operation between the
workers and the management in maintaining proper safety and health at work and to review periodical the
measures taken in that behalf

Section 91 of the Factories Act, 1948, empowers an Inspector to take samples of substances used in a factory
during normal working hours. This action can be taken if the Inspector believes that the use of these substances:

 Violates any provisions of the Act or its associated rules.

 Poses a potential risk of bodily injury or harm to the health of the factory's workers.

In essence, this section enables the Inspector to collect samples for the purpose of ensuring compliance with
safety and health regulations in the factory.
Section 91A of the Act, authorizes certain government officials to conduct safety and occupational health
surveys in factories. This can be done during normal working hours or as needed. The factory's occupier or
manager must be informed in writing and is required to provide all necessary facilities for the survey, including
examination and testing of equipment, and collection of relevant data and samples. The purpose is to assess and
improve safety and occupational health conditions within the factory.

Section 111, outlines the obligations of workers in a factory. Workers must not deliberately tamper with safety
equipment or misuse items meant for their health and safety. They should not engage in actions that may put
themselves or others at risk without a valid reason. Workers must use provided safety equipment and facilities to
ensure their own health and safety while in the factory.

Section 111A, grants workers certain rights related to health and safety at work. In summary, workers have the
following rights:

 To obtain information from the factory's occupier regarding workers' health and safety.
 To receive training on health and safety within the factory or through sponsorship by the occupier at an
approved training centre or institute.
 To make representations directly to the Inspector or through a representative concerning inadequate
provisions for their health and safety in the factory.

3. Hazardous waste Management rules 2016

Link -https://cpcb.nic.in/displaypdf.php?id=aHdtZC9IV01fUnVsZXNfMjAxNi5wZGY=

Section 5 prescribes about the responsibilities of State Government for environmentally sound management of
hazardous and other wastes, wherein (2) Department of Labour in the State or any other government agency
authorised in this regard by the State Government shall-(d) undertake annual monitoring and to ensure safety
and health of workers involved in recycling, pre-processing and other utilisation.

4. Occupational Safety Health and Working conditions code 2020

LINK -https://dgfasli.gov.in/sites/default/files/2018-12/OSH_Gazette.pdf

Section 6. (1) Every employer shall,—

(a) ensure that workplace is free from hazards which cause or are likely to cause injury or occupational disease
to the employees;

(b) comply with the occupational safety and health standards declared under section 18 or the rules, regulations,
bye-laws or orders made under this Code;

(c) provide such annual health examination or test free of costs to such employees of such age or such class of
employees of establishments or such class of establishments, as may be prescribed by the appropriate
Government;

(d) provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk
to the health of the employees;

(e) ensure the disposal of hazardous and toxic waste including disposal of e-waste;

(f) issue a letter of appointment to every employee on his appointment in the establishment, with such
information and in such form as may be prescribed by the appropriate Government and where an employee has
not been issued such appointment letter on or before the commencement of this Code, he shall, within three
months of such commencement, be issued such appointment letter;

(g) ensure that no charge is levied on any employee, in respect of anything done or provided for maintenance of
safety and health at workplace including conduct of medical examination and investigation for the purpose of
detecting occupational diseases;
(h) relating to factory, mine, dock work, building or other construction work or plantation, ensure and be
responsible for the safety and health of employees, workers and other persons who are on the work premises of
the employer, with or without his knowledge, as the case may be.

Section 13. Every employee at workplace shall,—

(a) take reasonable care for the health and safety of himself and of other persons who may be affected by his
acts or omissions at the workplace;

(b) comply with the safety and health requirements specified in the standards;

(c) co-operate with the employer in meeting the statutory obligations of the employer under this Code;

(d) if any situation which is unsafe or unhealthy comes to his attention, as soon as practicable, report such
situation to his employer or to the health and safety representative and in case of mine, agent or manager
referred to in section 67, safety officers or an official for his workplace or section thereof, as the case may be,
who shall report it to the employer in the manner as may be prescribed by the appropriate Government;

(e) not wilfully interfere with or misuse or neglect any appliance, convenience or other thing provided at
workplace for the purpose of securing the health, safety and welfare of workers;

(f) not do, wilfully and without reasonable cause, anything, likely to endanger himself or others; and

(g) perform such other duties as may be prescribed by the appropriate Government.

Section 14. (1) Every employee in an establishment shall have the right to obtain from the employer information
relating to employee's health and safety at work and represent to the employer directly or through a member of
the Safety Committee as constituted under section 22, if constituted by the employer for such purpose, regarding
inadequate provision for protection of his safety or health in connection with the work activity in the workplace,
and if not satisfied, to the Inspector-cum-Facilitator.

(2) Where the employee referred to in sub-section (1) in any workplace has reasonable apprehension that there is
a likelihood of imminent serious personal injury or death or imminent danger to health, he may bring the same
to the notice of his employer directly or through a member of the Safety Committee referred to in sub-section
(1) and simultaneously bring the same to the notice of the Inspector-cum-Facilitator.

Section19 It shall be the duty of such institutions in the field of occupational safety and health as the Central or
State Government may notify to conduct research, experiments and demonstrations relating to occupational
safety and health and thereafter submit their recommendations to the Central Government or the State
Government, as the case may be.

Section 23 (1) The employer shall be responsible to maintain in his establishment such health, safety and
working conditions for the employees as may be prescribed by the Central Government.

Section 80. Where any premises or separate buildings are leased to different occupiers for use as separate
factories, the owner of the premises and occupiers of the factories utilising such common facilities which
include safety and fire prevention and protection, access, hygiene, occupational health, ventilation, temperature,
emergency preparedness and response, canteens, shelter, rest rooms and crèches shall jointly and severally be
responsible for provision and maintenance of such common facilities and services as may be prescribed by the
appropriate Government.

Section 84. (1) The occupier of every factory involving a hazardous process shall disclose in the manner
prescribed by the State Government all information regarding dangers, including health hazards and the
measures to overcome such hazards arising from the exposure to or handling of the materials or substances in
the manufacture, transportation, storage and other processes, to the workers employed in the factory, the Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator, the local authority within whose jurisdiction the factory
is situate and the general public in the vicinity.

(2) The occupier shall, at the time of registering the factory involving a hazardous process, lay down a detailed
policy with respect to the health and safety of the workers employed therein and intimate such policy to the
Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator and the local authority and, thereafter, at such
intervals as may be prescribed by the State Government, inform the Chief Inspector-cum-Facilitator or
Inspector-cum-Facilitator and the local authority of any change made in the said policy.

Section 93. (1) In every plantation, arrangement shall be made by the employer to provide for the safety of a
worker in connection with the use, handling, storage and transport of insecticides, pesticides and chemicals and
toxic substances

These are some of the Union guidelines for the public health and safety, when management of e-waste is taken
into consideration.

OTHER STATE SPECIFIC GUIDELINES AND RULES FOR PUBLIC SAFETY AND HEALTH FOR
E-WASTE MANAGEMENT

1. Karnataka guidelines for environmentally sound management of e waste

Link
-https://kspcb.karnataka.gov.in/sites/default/files/inlinefiles/NewItem_109_Latest_19_E_Waste_G
uideLines.pdf

E-waste is a growing problem in India, as it is in many other countries. The E-Waste Management
Guidelines for India were developed to provide guidance on how to handle e-waste in an
environmentally sound manner. The guidelines apply to all generators, collectors, transporters,
dismantlers, recyclers, and stakeholders of e-waste, regardless of their scale of operation.

Key points of the guidelines:

 E-waste is defined as "Waste Electrical and Electronic Equipment including all components,
sub assemblies and their fractions except batteries falling under Schedule 1, Schedule 2 and
Schedule 3" of the E-Waste Management Rules, 2016.
 E-waste can be classified as hazardous or non-hazardous, depending on its composition.
Hazardous e-waste must be disposed of in accordance with the Hazardous Waste Management
Rules, 2003.
 The Extended Producer Responsibility (EPR) principle applies to e-waste in India. This means
that producers are responsible for the take-back, recycling, and final disposal of their products.
 Environmentally sound e-waste treatment technology consists of three levels:
1. Level 1: Decontamination, dismantling, and segregation
2. Level 2: Shredding and four special treatment processes (electromagnetic separation, eddy
current separation, CRT breaking and treatment, and density separation using water)
3. Level 3: Recovery of metals and disposal of hazardous e-waste fractions
 E-waste recycling and treatment facilities must be established in the organized sector and must
comply with all applicable environmental regulations.
 The guidelines provide a minimum standard for the management of e-waste. State
governments may prescribe more stringent norms as deemed necessary.
Conclusion:

The E-Waste Management Guidelines for India provide a comprehensive framework for the
environmentally sound management of e-waste. The guidelines are based on the principles of EPR and
sustainable development. By following the guidelines, India can reduce the environmental impact of e-
waste and promote the development of a sustainable e-waste management system.