Article by Sudhir GK, Director, Inzinc Consulting India Pvt. Ltd.

The Occupational Safety, Health, and Working Conditions Code, 2020 (OSH WC Code 2020), enacted on September 28, 2020, marks a significant reform in India’s labour laws. Designed to unify and streamline existing safety and health regulations, it provides a modern framework for ensuring worker safety and welfare across industries.

This blog examines the Code in detail, covering its objectives, applicability, structure, and the provisions outlined in its chapters.

The OSH WC Code consolidates and modernizes laws related to workplace safety, health, and welfare. Its key aims include:

• Simplifying compliance by replacing 13 separate laws.
• Protecting worker health and safety through standards for various industries.
• Promoting equity by covering traditionally neglected worker groups like contract labour and inter-state migrants.
• Enhancing welfare measures with provisions for clean drinking water, sanitation, and proper working conditions.

The Code applies to all establishments employing ten or more workers and introduces a common framework for both organized and unorganized sectors.

The OSH WC Code 2020 replaces the following 13 existing laws:

1. The Factories Act, 1948
2. The Plantations Labour Act, 1951
3. The Mines Act, 1952
4. The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
5. The Working Journalists (Fixation of Rates of Wages) Act, 1958
6. The Motor Transport Workers Act, 1961
7. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
8. The Contract Labour (Regulation and Abolition) Act, 1970
9. The Sales Promotion Employees (Conditions of Service) Act, 1976
10. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
11. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
12. The Dock Workers (Safety, Health, and Welfare) Act, 1986
13. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

The Code applies to:

1. Establishments employing 10 or more workers.
2. Mines, factories, and other hazardous industries, regardless of the workforce size.
3. Both regular employees and contract labour, including inter-state migrants, gig workers, and platform workers.

Exemptions

The Code does not apply to:

• Central and State Government offices.
• Ships of war.

The OSH WC Code is divided into 14 chapters, covering all aspects of occupational safety, health, and welfare.

Chapter I: Preliminary

Chapter I of the Occupational Safety, Health, and Working Conditions Code, 2020 of India defines key terms and concepts used throughout the Code. It outlines the scope of the Code, specifying the establishments and workers it covers. Importantly, it emphasizes the right of every worker to a safe and healthy working environment, free from hazards that may cause injury or disease.

Key Definitions include Establishment, Employer, Employee, Worker, Inter-State Migrant Worker, Hazardous Process, Occupational Disease, etc.

These definitions provide a foundation for understanding the scope and applicability of the Occupational Safety, Health, and Working Conditions Code, 2020.

Chapter II: Registration

Chapter II of the Occupational Safety, Health, and Working Conditions Code, 2020 deals with the registration of establishments. It mandates that every employer must register their establishment within 60 days of its commencement or applicability of the Code. The registration process involves submitting an application to the registering officer, who then issues a certificate of registration. Employers must inform the registering officer of any changes in ownership or management. The Code also outlines procedures for closing down establishments, revocation of registration, and appeals against registration-related orders.

Key Points:

1. Registration Requirement: All establishments covered by the Code must register within 60 days of commencement or applicability.
2. Registration Process: Involves submitting an application to the registering officer, who then issues a certificate of registration.
3. Changes in Establishment: Employers must inform the registering officer of any changes in ownership, management, or other particulars.
4. Closure of Establishment: Employers must inform the registering officer of the closure of their establishment and certify the payment of all dues to workers.
5. Revocation of Registration: The registering officer may revoke registration if it was obtained fraudulently or has become ineffective.
6. Appeals: Aggrieved persons can appeal against registration-related orders to an appellate officer.
7. Prior Registrations: Establishments already registered under other relevant laws may be deemed to be registered under this Code.
8. Commencement of Operations: Employers must notify the authorities before commencing operations in factories, mines, contract labour, and construction work.
9. Electronic Submissions: Most submissions and communications related to registration must be made electronically.

This chapter ensures proper record-keeping and facilitates effective monitoring and enforcement of the Code.

Chapter III: Duties of Employers and Employees

Chapter III of the Occupational Safety, Health, and Working Conditions Code, 2020 outlines the duties and responsibilities of employers, employees, and other stakeholders. Employers are mandated to ensure a safe and healthy workplace, comply with safety standards, provide necessary medical examinations, and maintain a safe working environment. They are also responsible for the safety of all individuals on their premises. Designers, manufacturers, and suppliers of equipment and substances have specific duties to ensure the safety of their products. Employees have the right to a safe and healthy workplace, the right to information, and the right to represent concerns regarding safety and health.

Key Points:

• Employer Duties:
  • Ensure a safe and hazard-free workplace.
  • Comply with safety and health standards.
  • Provide necessary medical examinations.
  • Maintain a safe working environment.
  • Dispose of hazardous waste.
  • Issue appointment letters to employees.
  • Provide a safe and healthy work environment for all individuals on the premises.
• Employee Duties:
  • Take reasonable care for their own and others’ safety.
  • Comply with safety and health requirements.
  • Cooperate with the employer on safety matters.
  • Report unsafe conditions to the employer or safety representative.
  • Not interfere with or misuse safety equipment.
• Other Responsibilities:
  • Owners and agents of mines are jointly responsible for mine safety.
  • Designers, manufacturers, and suppliers of equipment and substances have specific duties to ensure the safety of their products.
  • Architects and engineers must consider safety and health aspects during the design and construction of buildings.
  • Employers must report accidents and occupational diseases to the appropriate authorities.
  • Employees have the right to information and the right to represent safety and health concerns.
• Prohibitions:
  • Intentionally or recklessly interfering with or damaging safety equipment.

This chapter emphasizes the shared responsibility of employers and employees in creating and maintaining a safe and healthy work environment.

Chapter IV: Occupational Safety and Health

Chapter IV establishes the framework for occupational safety and health in India. It mandates the creation of the National Occupational Safety and Health Advisory Board, a crucial body responsible for advising the Central Government on safety and health standards, implementation of the Code, and policy matters. The chapter also empowers State Governments to constitute their own State Advisory Boards.

The Code emphasizes the importance of occupational safety and health standards, requiring the Central Government to declare standards for various workplaces, including factories, mines, and construction sites. These standards cover various aspects such as hazard identification, risk assessment, medical examinations, and the use of best available evidence to protect worker health.

The chapter also outlines the roles of research institutions, empowers authorities to conduct workplace surveys, and mandates the collection and analysis of occupational safety and health data. Finally, it emphasizes the importance of safety committees and the appointment of safety officers in larger establishments to promote a safe and healthy work environment.

Chapter V: Health, Safety and Working Conditions

Chapter V of the Code emphasizes the employer’s responsibility to maintain a safe and healthy work environment for all employees. The Central Government is empowered to prescribe specific health and safety standards, including measures to ensure cleanliness and hygiene, adequate ventilation and temperature control, a dust and impurity-free environment, appropriate humidity levels, access to clean drinking water, sufficient space for employees, adequate lighting, separate and hygienic latrine and urinal facilities for all genders, and effective waste and effluent treatment. These provisions aim to protect the physical and mental well-being of workers and create a conducive work environment.

Chapter VI: Welfare Provisions

Chapter VI of the Code outlines the welfare obligations of employers towards their employees. It mandates the provision of essential facilities such as clean drinking water, adequate washing facilities, separate bathing and locker rooms for male, female, and transgender employees, resting areas, and canteens in establishments with 100 or more workers. The chapter also emphasizes the importance of medical facilities, first-aid, and safety measures. Furthermore, it empowers the Central Government to prescribe specific welfare measures like ambulance rooms, medical facilities for transport workers, shelters for employees, and the appointment of welfare officers in larger establishments. The Code also mandates the provision of creche facilities for children of employees in establishments with more than fifty workers, allowing for options like common creches or shared facilities. These provisions aim to create a healthy, safe, and conducive work environment for all employees.

Chapter VII: Hours of Work and Annual leave with Wages

Chapter VIII: Maintenance of Registers, Records, and Returns

Chapter VIII of the Occupational Safety, Health, and Working Conditions Code, 2020 mandates that employers maintain records of their workers, including details of their work, hours of work, rest days, wages, leave, and employment of adolescents. These records must be maintained in a prescribed format, either electronically or otherwise. Employers are also required to display notices at the workplace, issue wage slips to workers, and file returns with the Inspector-cum-Facilitator in the prescribed manner and within the stipulated timeframe. These requirements aim to ensure transparency, accountability, and compliance with the provisions of the Code.

Chapter IX: Inspector-cum-Facilitators and other Authority

This chapter establishes the role of Inspector-cum-Facilitators to focus on compliance assistance and enforcement. These officials are authorized to conduct inspections, provide guidance for adhering to safety standards, and ensure rectification of violations. The Central and State governments can appoint these facilitators with defined jurisdictions and duties, including surprise inspections in cases of serious non-compliance. They also oversee the maintenance of records, ensure proper registration of establishments, and verify adherence to safety and welfare provisions. The chapter emphasizes a balanced approach to enforcement by combining advisory support with regulatory oversight.

Chapter X: Special Provision relating to the employment of women

This chapter emphasizes provisions for women including their safety, holidays, working hours and other conditions and also mandates employers to provide proper safeguards while women are employed in hazardous or dangerous processes.

Chapter XI: Special Provisions

This chapter encompasses a wide range of provisions.

In Part I, it addresses Contract Labour, outlining regulations for their employment, including licensing requirements for contractors, prohibitions on their use in core activities, and provisions for their wages and welfare.

In Part II, the chapter mandates specific protections for Inter-State Migrant Workers, such as suitable working conditions, travel allowances, and access to benefits.

In Part III, included are the provisions for Audio-Visual Workers, requiring written agreements and specific protections.

In Part IV, included are the provisions for Mines, outlining safety regulations, employment restrictions, and the role of mine managers.

In Part V, included are the provisions for Beedi and Cigar Workers.

In Part VI, included are the provisions for Building or other Construction Workers.

In Part VII, the provisions for Factories are covered, with provisions related to Organizations covered under the term “factory”.

In Part VIII, the provisions for Plantation workers are included.

Chapter XII: Offenses and Penalties

Outlines penalties for violations, with graded fines based on the severity of the offense. Repeated violations attract stricter penalties.

Chapter XIII: Social Security Fund

This chapter includes points related to the establishment of a Social Security Fund. It covers the below points

• Fund Creation: A social security fund for unorganized workers shall be established.
• Funding Sources as prescribed by the appropriate Government.
• Fund Use:
  • Welfare of unorganized workers.
  • Potential transfer to other relevant funds.
• “Unorganized Worker” Definition: Uses the definition from the Unorganised Workers Social Security Act, 2008.

 Chapter XIV: Miscellaneous Provisions

The chapter includes rule-making powers, jurisdiction of civil courts, dispute resolution mechanisms, and provisions for transitioning from older laws.

The OSH WC Code, 2020, reflects a comprehensive approach to modernizing workplace safety in India. By consolidating 13 laws, it simplifies compliance while enhancing protections for workers across sectors.

Key Takeaways:

• The Code establishes a robust framework for occupational health and safety, ensuring uniformity across industries.
• It empowers both employers and workers to foster a culture of safety and accountability.
• Effective implementation will require awareness, training, and active engagement from all stakeholders.

As India continues to evolve as a global economic powerhouse, the OSH WC Code 2020 (Occupational Safety, Health, and Working Conditions Code, 2020) lays the foundation for safe and equitable workplaces, ensuring worker well-being and productivity.

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