CLIMATE CHANGE AND LABOUR PRODUCTIVITY

RESEARCH PAPER

Course: Labour Law II

Course Instructor: Prof. T. Raghavendra Rao

Submitted by: DEVARSHI RANJAN

V Year, IX Semester

2020-5 LLB- 15

NALSAR University of Law, Hyderabad

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 CONTENTS
 ABSTRACT......................................................................................................................3

 INTRODUCTION...............................................................................................................4

 EMERGING CLIMATE-RELATED HAZARDS AND THEIR IMPACT ON WORKERS..............5

 LEGAL FRAMEWORK AND IMPLEMENTATION GAP.........................................................6

 POLICY RECOMMENDATION AND LEGAL REFORMS.......................................................10

 CONCLUSION.................................................................................................................13

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 ABSTRACT
Climate change presents significant challenges to labour productivity and employment,
particularly in rural India where programs like the Mahatma Gandhi National Rural
Employment Guarantee Act (MNREGA) aim to provide a safety net for vulnerable
populations. This paper explores the intricate relationship between climate change and labour
productivity, emphasizing how rising temperatures, extreme weather events, and
environmental hazards adversely affect the health and efficiency of workers engaged in
manual labour. It highlights the inadequacies of existing legal frameworks, including the
MNREGA and the Occupational Safety, Health, and Working Conditions Code (OSH Code),
in addressing these emerging challenges. The paper proposes necessary reforms to enhance
climate resilience within labour policies, such as incorporating specific provisions for heat
stress and extreme weather, improving enforcement mechanisms, and promoting sustainable
employment practices. By adapting these frameworks to current environmental realities, India
can better protect its workforce while fostering sustainable development in rural areas.

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INTRODUCTION
Climate change has emerged as one of the most pressing global challenges of our time,
posing significant threats not only to natural ecosystems but also to human livelihoods and
economic stability. The gradual rise in global temperatures, driven largely by anthropogenic
activities such as fossil fuel consumption, deforestation, and industrialization, has triggered a
cascade of environmental disruptions. These disruptions manifest in the form of extreme
weather events, rising sea levels, and altered precipitation patterns, all of which have
profound implications for the agricultural sectors that underpin many rural economies.

In India, the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) 1
serves as a crucial safety net for rural populations, guaranteeing 100 days of wage
employment in a financial year to every rural household whose adult members volunteer to
do unskilled manual work. Enacted in 2005, MNREGA was designed to enhance livelihood
security, reduce rural poverty, and empower marginalized communities. However, the
effectiveness of this landmark legislation is increasingly compromised by the adverse impacts
of climate change, which threaten to undermine labour productivity and the overall objectives
of the program.

Labour productivity, defined as the amount of output produced per unit of labour input, is
intrinsically linked to environmental conditions. As climate change alters weather patterns
and increases the frequency of extreme events, the productivity of workers—especially those
engaged in agriculture and manual labour—is adversely affected. 2 Rising temperatures can
lead to heat stress, reducing the ability of workers to perform physically demanding tasks.
Moreover, unpredictable weather can disrupt planting and harvesting cycles, further
compromising agricultural yields and rural livelihoods. Consequently, the challenge lies not
only in addressing immediate employment needs but also in creating an environment that
fosters resilience against climate-induced shocks.

The interrelationship between climate change and labour productivity is particularly salient in
the context of rural employment schemes like MNREGA. As rural workers face increasing
risks from excessive heat, vector-borne diseases, and other climate-related hazards, the
program’s capacity to deliver sustainable livelihoods is put to the test. The International

1
Mahatma Gandhi National Rural Employment Guarantee Act, No. 42 of 2005, India Code (2005).
2
International Labour Organization, Labour Productivity, in International Labour Organization: Key
Indicators of the Labour Market (2020).

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Labour Organization (ILO) highlights several emerging hazards linked to climate change that
disproportionately affect workers, including excessive heat, heightened exposure to
ultraviolet radiation, and the proliferation of vector-borne diseases. These factors contribute
to declining health and well-being, ultimately leading to reduced productivity and economic
insecurity.

Additionally, the ILO report underscores the need for proactive measures to prepare
workplaces for the realities of a changing climate. As the most vulnerable populations bear
the brunt of these changes, the imperative for integrating climate resilience into employment
policies has never been more urgent. Ensuring safe and healthy working conditions is
paramount, particularly in sectors such as agriculture, where many workers lack adequate
protection against environmental hazards.3

In light of these challenges, this project will explore the complex interplay between climate
change and labour productivity within the MNREGA framework. It will examine the existing
legal structures, identify loopholes that hinder effective implementation, and propose
actionable recommendations to bolster the resilience of rural labour markets. By critically
analyzing these dimensions, we aim to contribute to a more nuanced understanding of how
climate change can be addressed within the context of employment guarantee schemes,
ultimately supporting the livelihoods of millions and fostering sustainable development in
rural India.

EMERGING CLIMATE-RELATED HAZARDS AND THEIR IMPACT ON WORKERS

Increasingly affecting workers, particularly those engaged in manual labour under programs
like MNREGA, Excessive heat is one of the most significant challenges, as rising
temperatures cause heat stress, dehydration, and even heatstroke. Workers, especially in
agriculture and outdoor tasks, struggle to maintain productivity under such conditions, as they
experience fatigue and need frequent breaks. In rural areas, where access to cooling systems
is limited, the impact of heat is even more severe, directly affecting their ability to work
effectively.

Another key concern is solar ultraviolet (UV) radiation, which exposes outdoor workers to
higher risks of skin cancer and other skin diseases. Workers in agriculture and construction

3
International Labour Organization, Working on a Warmer Planet: The Impact of Heat Stress on Labour
Productivity and Decent Work (2021).

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are particularly vulnerable due to prolonged exposure to sunlight, often without sufficient
protective measures. Additionally, extreme weather events, such as floods, droughts, and
storms, disrupt work environments and damage infrastructure, causing delays and putting
workers’ safety at risk. These unpredictable events further affect the continuity of
employment, leaving workers without steady income.

Lastly, air pollution, vector-borne diseases, and agrochemical exposure pose significant
health threats. Air pollution from dust and smoke in construction and land development
projects leads to respiratory and heart-related diseases. Warmer climates have also increased
the spread of diseases like malaria and dengue, particularly among workers involved in
water-related tasks. Moreover, the intensified use of agrochemicals in agriculture, driven by
changing climate conditions, exposes workers to harmful chemicals, raising long-term health
risks. Together, these hazards reduce productivity and compromise the MNREGA program's
ability to deliver stable employment, underscoring the urgent need to integrate climate
resilience measures to protect workers and support rural livelihoods.4

LEGAL FRAMEWORK AND IMPLEMENTATION GAP

MNREGA, the Mahatma Gandhi National Rural Employment Guarantee Act, was enacted in
India in 2005 with the primary objective of alleviating rural poverty and providing a safety
net for rural households. By guaranteeing 100 days of wage employment to adult members of
rural households, MNREGA aimed to create a demand for rural labour and improve
livelihoods. However, the effectiveness of MNREGA in achieving its goals has been
influenced by various factors, including climate change. Climate change has significantly
impacted the ability of MNREGA to deliver sustainable employment. Rising temperatures,
erratic rainfall patterns, and extreme weather events have disrupted agricultural activities,
reduced crop yields, and increased input costs. These impacts have made it difficult for rural
households to rely solely on agriculture for their livelihoods, increasing their dependence on
MNREGA.

Case studies from different regions of India illustrate the specific challenges faced by rural
workers due to climate change. For example, in drought-prone areas, MNREGA has been
crucial in providing alternative employment opportunities for farmers who have lost their
livelihoods due to crop failures. However, even MNREGA has been affected by climate
change, as extreme weather events can disrupt work sites and limit the availability of suitable

4
Id.

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employment opportunities. Within MNREGA, the agriculture sector is particularly vulnerable
to climate change. Agriculture is the primary source of employment for most rural
households, and its productivity is directly influenced by weather conditions. Climate
change-induced droughts, floods, and heat stress can reduce agricultural yields, leading to job
losses and increased reliance on MNREGA. Other sectors within MNREGA, such as
construction and water conservation, are also susceptible to climate-related challenges.

The legal framework governing MNREGA and the protection of labourers within it is
essential for understanding how the scheme operates in the face of climate change.
MNREGA provides specific provisions related to worker rights, wage guarantees, and basic
protections. However, these provisions may not be sufficient to address the challenges posed
by climate change.

The OSH Code (Occupational Safety, Health and Working Conditions (OSH) Code, 2020) 5
and other relevant Indian labour laws aim to ensure worker safety and health. However, these
laws may not be fully equipped to address the specific challenges posed by climate change.
For example, the OSH Code does not explicitly address the impacts of heat stress and other
climate-related hazards on workers.

The Occupational Safety, Health, and Working Conditions Code (OSH Code) of 2020 is a
significant step towards consolidating and modernizing labour laws in India. However, its
provisions may not be entirely robust enough to cater to the specific safety and health needs
of workers in the context of climate change.

While the OSH Code does address general safety and health issues, it may not provide
sufficient guidance on specific climate-related hazards. For instance, while it provides for
general measures to prevent heat stress, it may not be specific enough to address the
increasing frequency and severity of heat waves in India. Similarly, while the Code addresses
general safety measures during emergencies, it may not be tailored to the specific risks posed
by climate-related disasters such as floods, droughts, and cyclones. Additionally, while the
Code provides for measures to prevent the spread of diseases and control air pollution, it may
not be sufficient to address the changing patterns of vector-borne diseases and worsening air
quality due to climate change.

5
Occupational Safety, Health and Working Conditions Code, 2020, No. 37 of 2020, India.

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Even with adequate provisions, effective enforcement is crucial to ensure worker safety and
health. However, the OSH Code faces several challenges in enforcement. The enforcement
agencies may lack sufficient resources, including personnel and equipment, to effectively
monitor workplaces and enforce compliance. Moreover, many workers and employers may
not be aware of their rights and obligations under the OSH Code, leading to non-compliance.
The informal sector, which employs a significant portion of the Indian workforce, also poses
challenges for enforcement.

Several legal loopholes and implementation gaps hinder the effective protection of workers in
the context of climate change. These include:

 Weak enforcement mechanisms: The enforcement of labour laws is often

inadequate, particularly in rural areas. This can lead to non-compliance by employers
and exploitation of workers.

 Limited awareness: Many workers may not be aware of their rights under labour
laws, making it difficult for them to seek redress.

 Informal employment: A significant portion of the agricultural workforce is engaged

in informal employment, which makes it challenging to enforce labour laws.

 Lack of data: There is a lack of reliable data on the impact of climate change on
labour productivity in India, making it difficult to assess the effectiveness of existing
laws and policies.6

To address these limitations and ensure that the OSH Code adequately protects workers in the
context of climate change, several recommendations can be considered. The Code should be
amended to include specific provisions addressing heat stress, extreme weather events,
vector-borne diseases, and air pollution. The enforcement agencies should be provided with
adequate resources and training to effectively monitor workplaces and enforce compliance.
Public awareness campaigns should be conducted to educate workers and employers about
their rights and obligations under the OSH Code. The OSH Code enforcement agencies
should collaborate with other government agencies, such as the Ministry of Environment,
Forest, and Climate Change, to address climate-related hazards. Finally, employers should be

6
SPRF-2022_DP_HEAT-[Link], [Link]
[Link] (last visited Sep 25, 2024)

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encouraged to adopt climate-proofing measures in their workplaces, such as providing heat-
resistant clothing, ensuring adequate ventilation, and developing emergency response plans.

Addressing the legal loopholes and implementation gaps within the MNREGA framework is
crucial to ensure that it provides adequate protection for workers in the face of climate
change. One way to address these pressing concerns is to take a broader legal perspective that
encompasses international labour standards, constitutional guarantees, and emerging legal
developments.

India is a signatory to several International Labour Organization (ILO) conventions that

address occupational safety and health. These conventions provide a framework for national
legislation and policies, including those related to MNREGA. While the ILO has not yet
adopted a specific convention on climate change and labour, existing conventions such as the
Occupational Safety and Health Convention, 1981, and the Chemical Substances and
Mixtures Convention, 1990, are relevant to climate-related hazards.

The Indian Constitution guarantees the right to life and liberty, which includes the right to a
safe and healthy working environment.7 Additionally, the Directive Principles of State Policy
mandate the state to ensure social justice and welfare of workers, including providing
adequate protection against occupational hazards. These constitutional provisions provide a
strong legal foundation for protecting the rights of workers, including those engaged in
MNREGA.

The Occupational Safety, Health, and Working Conditions Code (OSH Code) imposes a
general duty of care on employers to provide a safe and healthy working environment. While
the OSH Code may not explicitly address all climate-related hazards, it provides a framework
for interpreting and applying its provisions to new challenges. By considering the evolving
legal landscape and the growing impact of climate change on workers' rights, the OSH Code
can be adapted to address the specific needs of MNREGA workers. Emerging legal
developments, such as climate litigation, can also play a role in strengthening the legal
framework for worker protection. Climate litigation cases can help to establish legal
precedents and clarify the obligations of employers and governments in addressing climate-
related hazards. Additionally, international law can provide guidance and inspiration for

7
INDIA CONST. art. 21.

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domestic legislation and policies. India can consider adopting best practices from other
countries to strengthen its OSH Code and ensure that it adequately protects workers in the
context of climate change.

Apart from the concerns of MNREGA workers, The Factories Act of 1948 sets standards for
ventilation and temperature in workplaces to ensure worker comfort and health. 8 However,
these laws are outdated and often fail to incorporate modern thermal comfort technologies
like air conditioning, which have become essential for maintaining a suitable environment in
many industries. As climate change continues to exacerbate heat-related challenges, it is
imperative that Indian labour laws evolve to address these pressing issues effectively.9

While the National Disaster Management Authority (NDMA) has implemented guidelines to
address the concerns of workers during heat waves, such as providing access to cool drinking
water and ensuring adequate rest breaks, these measures are insufficient to fully protect
laborers from the escalating risks posed by climate change. 10 The guidelines emphasize the
importance of training and awareness programs, yet they do not comprehensively address the
specific needs of workers in high-risk sectors like agriculture and construction. Additionally,
the enforcement of these policies remains weak, particularly in rural areas where resources
are limited. Without robust legal reforms that integrate climate resilience into existing
frameworks like MNREGA and the Occupational Safety, Health, and Working Conditions
Code (OSH Code), workers will continue to face significant health risks and productivity
losses during extreme heat events. Thus, while the NDMA's initiatives are a step in the right
direction, they fall short of creating a sustainable and effective safety net for vulnerable
populations in the face of ongoing climate challenges.

POLICY RECOMMENDATION AND LEGAL REFORMS

To ensure that the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA)
can adapt to the growing challenges posed by climate change, a series of policy and legal

8
The Factories Act, 1948, No. 63 of 1948, India Code (1948).
9
LABOUR PRODUCTIVITY, HUMAN HEALTH, AND CLIMATE CHANGE | SRIRAMS IAS,
[Link]
(last visited Sep 25, 2024)
10
National Guidelines For Preparation of action plan-prevention and management of heat wave, National
Disaster Management Authority Ministry of Home Affairs Government of India, 2019.

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reforms are essential. These reforms should focus on making the program more resilient to
the increasingly severe climate risks faced by rural workers, while also ensuring that existing
laws are updated to reflect current environmental realities. One of the most important legal
reforms would be to update both MNREGA and the Occupational Safety, Health, and
Working Conditions Code (OSH Code), 2020. Given the rising frequency of extreme heat
events, it is necessary to incorporate specific provisions that address climate-related risks,
such as excessive heat, UV radiation, and other environmental hazards. This could include
flexible working hours to allow outdoor work to be done during cooler parts of the day or
even at night.11 MNREGA should also require mandatory rest breaks, access to safe drinking
water, and shaded areas to protect workers from the harmful effects of heat stress and
dehydration. These simple but effective measures can ensure that rural workers can continue
to perform their tasks without jeopardizing their health.

Another key area for legal reform is to ensure that the OSH Code mandates adequate
protection against climate-induced hazards. Rural work, particularly in agriculture and
construction, often exposes workers to dangerous levels of UV radiation, dust, and
agrochemicals. Updating the OSH Code to include requirements for protective gear, such as
hats, sunscreen, and masks, is essential to safeguard workers. Moreover, there should be clear
guidelines for how to respond to extreme weather events like floods, storms, and droughts,
ensuring that workers have access to emergency shelters, first aid, and other necessary
services. Legal frameworks must reflect the urgent need to protect workers in rural areas,
where extreme weather is more frequent and resources are often scarce.12

Strengthening the implementation and enforcement of these laws is equally important. While
legal protections may exist on paper, many rural areas suffer from inadequate inspection and
monitoring of working conditions. The government must prioritize filling vacancies for safety
inspectors, providing them with updated training on how to assess and respond to climate-
related risks. Inspectors must be well-equipped to evaluate new hazards, such as extreme heat
and air pollution, and ensure that workplaces adhere to updated safety protocols. Increasing
the frequency and depth of inspections in rural areas will help hold employers accountable
and provide much-needed protection for MNREGA workers. Additionally, improved data
11
CAN MGNREGS WORK AS A SOCIAL PROTECTION SCHEME FOR WOMEN IN HEAT-STRESSED AREAS?
MONGABAY-INDIA, [Link]
women-in-heat-stressed-areas/ (last visited Sep 25, 2024)
12
RECOMMENDATIONS FOR HEALTH AND SAFETY AMIDST HEATWAVES | INTERNATIONAL LABOUR
ORGANIZATION, [Link] (last
visited Sep 25, 2024)

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collection on working conditions can enhance oversight and enforcement. By using mobile
technology and satellite monitoring, authorities can quickly assess conditions at rural
worksites and respond more efficiently to violations or emergencies. Regular data-driven
monitoring will also allow for the early detection of climate-related risks and ensure that
responses are swift and effective.

To enhance the climate resilience of MNREGA, the program should also focus on integrating
climate adaptation measures into its projects. Building climate-resilient infrastructure, such as
water-conservation systems, flood control measures, and drought-resistant irrigation
facilities, would not only provide employment opportunities but also help protect rural
communities from environmental shocks. MNREGA projects should also promote green jobs,
such as those related to afforestation, soil conservation, and renewable energy. By aligning
employment with environmental sustainability, MNREGA can contribute to India's broader
climate goals while offering rural workers the opportunity to acquire valuable new skills.
Furthermore, MNREGA projects should be tailored to the specific climate vulnerabilities of
different regions. For example, areas prone to drought could prioritize rainwater harvesting
systems, while flood-prone regions might focus on constructing protective barriers. This
localized approach would ensure that MNREGA projects contribute meaningfully to long-
term climate adaptation, thereby protecting both workers and the rural economy from the
worst impacts of climate change. These reforms are essential for ensuring that MNREGA
remains an effective and sustainable tool for rural employment in the face of a changing
climate.

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CONCLUSION
In conclusion, the intersection of climate change and labour productivity underscores a
pressing need for legal reforms in India, particularly regarding programs like MNREGA that
are vital for rural livelihoods. As climate change continues to exacerbate environmental
hazards—such as excessive heat, unpredictable weather patterns, and increased exposure to
harmful UV radiation—the current legal frameworks fail to adequately protect workers from
these risks. The MNREGA's effectiveness is increasingly compromised by these challenges,
highlighting the necessity for targeted updates that incorporate modern safety measures and
climate resilience strategies. By amending existing laws to include specific provisions
addressing climate-related hazards and strengthening enforcement mechanisms, India can
ensure that its labour policies not only safeguard worker health but also enhance overall
productivity.13 Furthermore, integrating climate adaptation measures into employment
projects can promote sustainable practices while providing essential job opportunities for
rural communities. Ultimately, addressing these issues is not just a matter of legal
compliance; it is crucial for fostering a healthier workforce and achieving long-term
economic stability in the face of a changing climate.

13
Moustafa Feriga et al., The Impact of Climate Change on Work.

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