Experts flag gaps in labour codes on industrial safety

“With the government now codifying labour rules, the real question is implementation and compliance. The need of the hour is not better rules but solid execution. The Centre has coined the term ‘inspector-cum-facilitators’ in the codes, wherein a labour inspector has to seek permission from the labour department before taking any action. In a way, the codes have rendered the entire department non-functional,” he said.

Dutta noted that instead of surprise inspections by government departments, the new codes provided that self-declaration by employers would suffice.

“The constitution of safety committees is a welcome step, but if the government puts a ceiling of 500-plus workers, nearly 76 per cent of factories will automatically move outside the purview of the labour codes. In fact, around 90 per cent of workers within the organised sector will be exempted because they do not employ 500 workers,” he added.

Labour expert BV Raghavendra said the government should also take into consideration inadequate infrastructure and the overuse of machinery beyond capacity, which often led to fatal accidents.

“A majority of industrial accidents occur due to regulatory gaps and inadequate safety protocols and compliance. If we look at recent boiler explosion cases, usually their certification remains valid for up to a year even though their condition varies daily and requires regular monitoring,” he said.

“It is high time industrial safety is viewed as a worker’s fundamental right. It is tragic that Indian authorities only recently removed nearly 337 tonnes of toxic waste from the defunct Union Carbide factory in Bhopal, marking a significant, though partial, cleanup effort 40 years after the 1984 gas disaster,” he added.

Dutta also said the provision to increase working hours under the new rules could further raise the risk of industrial accidents. “Extension of working hours means fatigue will set in and concentration will decline, increasing the possibility of accidents,” he said.

Another CITU member Amarjeet Kaur questioned how the government planned to ensure the efficient functioning of safety committees when even compliance with minimum wages remained weak in the country.

“A recent SBI report based on the latest Periodic Labour Force Survey (PLFS) 2025 data found massive gaps in how different regions handle wage regulation. It said nearly one-fourth of India’s casual workforce received pay below the statutory minimum wage. How can the Labour Ministry enforce the labour codes? The new rules are only meant to look good on paper,” she said.

Dutta also argued that India had not yet framed any rules or guidelines for artificial intelligence-aided production.

“With robots being increasingly used in production, India is yet to formulate clear guidelines in this domain. For instance, if a worker is working between two robots and a wrong command or technical snag leads to an accident causing death, what would that be called? A technical fault?” he asked.

The CITU president also urged the government to take into account the poor conditions in which workers in small factories operated. He said the polluted air they breathe and the intense noise they endure were rarely treated as industrial hazards.

“Contemporary times have brought new forms of industrial diseases into focus. Those working in the IT sector are often diagnosed with diabetes and hypertension due to chronic stress. An employee returning home while driving under intense pressure, or falling asleep at the wheel and meeting with an accident, reflects inhuman working conditions. It is time the authorities took a holistic view of the issue,” he added.

A Labour Ministry official said while the Central rules under the labour codes had been finalised, states were still in the process of aligning their own rules, making it essential to monitor local amendments.