The Occupational Safety, Health and Working Conditions Code
-List of Acts amalgamated in this code and few Definitions20
- Factories Act, 1948
- The Plantations Labour Act, 1951
- The Mines Act, 1952
- The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
- The Working Journalists (Fixation of Rates of Wages) Act, 1958
- The Motor Transport Workers Act, 1961
- The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
- The Contract Labour (Regulation and Abolition) Act, 1970
- The Sales Promotion Employees (Conditions of Service) Act, 1976
- The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
- The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
- The Dock Workers (Safety, Health and Welfare) Act, 1986
- The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
Code on Occupational Safety, Health and Working Conditions, 2020
Employee
Any person employed on wages by an establishment to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward.
Employer
employer is a person who employs, whether directly or through any person, or on behalf of an establishment and having the ultimate control over the affairs of the establishment
Establishment
Establishment is a place with ten or more workers where any industry, trade, business, manufacturing or occupation is carried on and a motor transport undertaking, newspaper establishment, audio-video production, buildingand other construction
Contractor
in relation to an establishment, means a person, who— (i) undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour.
Contract Labour
A worker deemed to be employed in/in connection with an establishment through a contractor without having the knowledge of the principal employer is called a “Contract Labour” as per OSH Code.
Hazardous Process
Any activity in relation to specific industries, where raw/intermediate/finished/bye-products, etc., if not taken care of, may: Cause impairment to the health of the concerned person Harm the environment and cause pollution
Specific Provisions under OCH:
| Feature | General Provisions | Specific Provisions |
|---|---|---|
| Duties of Employers | Duties include providing a safe workplace, issuing appointment letters, and complying with the provisions of the Code. | – Factories, mines, docks, plantation, and construction: Employer must provide a risk-free workplace and instruct employees on safety protocol. – Inter-state migrant workers: Employer must notify specified authority of both states in the case of fatal accidents and serious bodily harm. – Mines: The owner and agent of the mine will be jointly responsible for providing a safe work environment. |
| Working conditions and welfare facilities | To be notified by the appropriate government. These may include bathing spaces, canteens, and first aid boxes. | – Factories, mines, plantation, construction, and motor transport undertakings: Appropriate government may require provision of added facilities like ambulance rooms, welfare officers, and temporary housing. – Factories, mines, plantation, and motor transport undertakings: Appropriate government may appoint medical officers to examine, certify, and supervise the health of workers. – Factories involved in hazardous processes: Maximum permissible limits of exposure to chemical and toxic substances in manufacturing processes will be prescribed by state government. Further, it may specify medical examinations for workers, among other facilities. – Interstate migrant workers: Employers must provide suitable conditions of work, medical facilities, housing, displacement, and journey allowance. |
| Dangerous Operations | No general provision for hazardous and dangerous operations. | – Factories involved in hazardous processes: Emergency standards may be set. The National Advisory Board may give recommendations in cases of extraordinary occurrences. |
| Inspector | Inspector-cum-Facilitators may inquire into accidents and conduct inspections, among others. | – Factories, mines, docks, and construction work: Inspector-cum-Facilitators may limit the number of employees working or prohibit work in an establishment, if it appears that workers are in danger. – Factories: Additional licenses and registration may be required. – Beedi workers and contract labour: License required for beedi and cigar establishments. |
Returns & Records to be updated under OCH:
Maintenance of records, registers, and submission of returns
- Employer of an establishment shall:
(a) Maintain a register in the prescribed form, electronically or otherwise, containing such particulars of workers as may be prescribed by the appropriate Government, including:
- Work performed by them.
- Number of hours of work constituting normal working hours in a day.
- Day of rest allowed in every period of seven days.
- Wage paid and receipts given therefor.
- Leave, leave wages, overtime work, attendance, and dangerous occurrences.
- Employment of adolescents.
(b) Display notices at the workplace of the workers in such manner and form as may be prescribed by the appropriate Government.
(c) Issue wage slips to the workers, in electronic form or otherwise.
(d) File returns electronically or otherwise to the Inspector-cum-Facilitator in such manner and during such periods as may be prescribed by the appropriate Government.
Offences & Penalties: Cognizance of Offences under OCH
Obstructing discharge of duties of Inspector:
- Imprisonment up to 3 months.
- Fine up to INR 1 lakh.
Offence leading to the death of an employee:
- Punishable with imprisonment up to two years.
- Fine up to INR 5 lakhs.
- Or both imprisonment and fine.
Penalty for unspecified offences:
- Fine between INR 2 – 3 lakhs.
Violation of provisions by an employee:
- Fine up to INR 10,000.
Offences committed by a Company:
- Each person in charge, responsible for the company’s business at the time of the offence, shall be held liable.
contact details
Our Contacts
Give us a call or drop by anytime, we endeavour to answer all enquiries within 24 hours on business days. We will be happy to answer your questions.
Visit Us Daily
Plot No. 28, adjacent Infocity II, Near Hero Honda Chowk, Sector 33, Gurugram.-122004
Call Us 24/7
+918744079902
Mail Us
Contact@guptaconsultants.com
