Health, Safety, and Welfare Provisions under Indian Labour Laws

Health, safety, and welfare provisions are often seen as the domain of safety officers or admin teams. However, under Indian labour laws, HR carries a clear statutory responsibility to ensure that these provisions are not only documented but actually implemented and accessible to employees.

Multiple labour laws — including the Factories Act, Shops and Establishments Acts, Contract Labour Act, and ESIC Act — impose overlapping obligations on employers. During inspections, authorities rarely accept explanations like “this is handled by admin” or “the contractor is responsible”.

This article explains what health, safety, and welfare compliance really means for HR, across Indian labour laws, and where HR teams typically get exposed.

1. Legal Framework Governing Health, Safety, and Welfare

Key Indian labour laws covering these provisions include:

• Factories Act, 1948

• State Shops and Establishments Acts

• Contract Labour (Regulation & Abolition) Act, 1970

• Employees’ State Insurance Act, 1948

• Industrial Employment (Standing Orders) Act

• Occupational Safety, Health and Working Conditions Code (future-facing)

HR must understand that coverage varies by establishment type, but the duty of care principle remains constant.

2. Health Provisions: HR Accountability Areas

Health-related compliance focuses on workplace hygiene and prevention of occupational illness.

HR responsibilities typically include:

• Ensuring cleanliness and waste disposal systems

• Adequate ventilation, lighting, and temperature control

• Safe drinking water with marked points

• Sanitary facilities (toilets, urinals, washing areas)

• Periodic medical examinations where prescribed

• Managing health records and medical certificates

In factories, HR must coordinate with EHS teams to ensure statutory health standards are met on the shop floor, not just in office areas.

3. Safety Provisions: Beyond Safety Manuals

Safety compliance is one of the most inspected areas under Indian labour laws.

HR’s role includes ensuring:

• Machinery safety guards and safe operating procedures

• Display of safety instructions and signage

• Provision and usage of PPE (helmets, gloves, shoes, etc.)

• Accident reporting and maintenance of accident registers

• Appointment of Safety Officers where required

• Safety training records and induction programs

A key HR risk area is lack of documentation for safety training, even when training has actually been conducted.

4. Welfare Provisions: Facilities That Must Exist

Welfare provisions are about employee dignity and basic comfort, and inspectors physically verify these facilities.

Depending on applicability, HR must ensure availability of:

• First-aid boxes or rooms

• Rest rooms and seating arrangements

• Canteen facilities

• Crèches (where thresholds are met)

• Washing and changing rooms

• Shelters or lunch rooms

These facilities must be functional, accessible, and maintained, not merely shown in policy documents.

5. Contract Labour: Principal Employer Responsibility

A common compliance myth is that welfare obligations for contract workers rest only with the contractor.

In reality:

• The principal employer remains responsible

• Inspectors hold HR accountable for facilities provided to contract labour

• Any deficiency can attract action against the principal employer

HR must therefore monitor contractor compliance as part of routine audits.

6. Common Compliance Gaps Seen by Inspectors

Across industries, inspectors frequently point out:

• Non-functional first-aid boxes

• Inadequate drinking water points

• Missing safety signage near machinery

• Poor sanitation in high-usage areas

• Incomplete accident registers

• Welfare facilities existing only on paper

Most of these gaps are execution failures, not policy gaps.

🗹 HR Self-Check: Health, Safety & Welfare Compliance

🗹 Are health and sanitation facilities actually usable at all times?
🗹 Are safety instructions, PPE usage, and training properly documented?
🗹 Are accident registers and incident records updated immediately?
🗹 Are welfare facilities adequate for both permanent and contract workers?
🗹 Are contractor-provided facilities periodically verified by HR?
🗹 Is HR inspection-ready for physical verification, not just paperwork?

Conclusion

Health, safety, and welfare compliance under Indian labour laws is visible compliance. Inspectors verify conditions with their eyes, not just files.

For HR teams, success lies in coordination, routine checks, and ground-level validation. When HR processes align with workplace reality, compliance becomes sustainable — and inspections become far less stressful.

Health, Safety & Welfare Provisions – HR Compliance Snapshot

Conclusion--

Effective labour law compliance depends on how well HR operations, payroll, and business processes work together. When compliance is embedded into everyday workflows, organisations reduce risk, improve accuracy, and build sustainable governance systems. HR teams that prioritise integration over isolation are better positioned to manage compliance confidently and consistently.