# India’s Healthcare Workers Lack Legal Protection for Occupational Hazards
The Covid-19 pandemic has highlighted the unpreparedness of healthcare establishments in protecting workers from occupational hazards. Despite the significant risks that healthcare workers face, there is no specific legislation to protect their occupational health and safety. The Occupational Safety, Health and Working Conditions Code, 2020, fails to provide recourse to healthcare workers from hazards specific to their occupation. Healthcare-specific laws also do not have potent clauses that ensure occupational safety.
## Legal Frameworks and Policy
– The Occupational Safety, Health and Working Conditions Code, 2020, addresses the health and safety concerns of factory and mine workers but fails to provide recourse to healthcare workers from hazards specific to their occupation.
– Healthcare-specific laws like the Clinical Establishments Act, 2010, and state legislations and rules do not have potent clauses that ensure occupational safety.
– The HIV & AIDS Act, 2017, obliges healthcare establishments of more than 20 people where there is a significant risk of exposure to HIV to ensure a safe working environment.
– The Bio-Medical Waste Management Rules, 2016, address occupational health and safety to a limited extent.
– Policy frameworks initially gave little guidance on occupational safety for healthcare workers, but recent developments include the National Guidelines for Infection Prevention & Control in Healthcare Facilities, 2020, and draft guidelines to improve the working conditions of nurses in healthcare institutions.
## The Need for Legal Protection
– Approximately 1,800 doctors died from Covid-19, and 974 health workers had died from the virus as of September 22, 2021.
– Occupational health and safety is a legal obligation and upholds the principle that all work has inherent dignity.
– Policies need teeth for effective implementation, impact, and accountability.
– Moving an explicit law on occupational safety for healthcare workers is imperative to ensure that nurses, doctors, and others are protected from occupational hazards.
The lack of legal protection for healthcare workers from occupational hazards is a significant concern in India. While recent policy developments are commendable, they need to be located within actionable frameworks such as legislation to ensure effective implementation, impact, and accountability. It is imperative to uphold the principle that all work has inherent dignity and protect healthcare workers from occupational hazards.
