Analysis of Occupational Safety, Health and Working Conditions Code, 2020

Parliament has passed the three labour code bills –

1. The Occupational Safety, Health and Working Conditions Code, 2020;

2. The Industrial Relations Code, 2020;

3. the Code on Social Security, 2020

The bill merges 24 central labour laws in a major boost to labour reforms.

This article covers the Occupational Safety, Health and Working Conditions Code, 2020

1. The Occupational Safety, Health and Working Conditions Code, 2020;

Applicability

The applicability of the code is on factories having 20 or more workers and also wherein the process of manufacturing is being performed with machines involving 40 or more workers.

Key Highlights

• The code makes it mandatory for the employer to appoint welfare officer if 250 workers employed, earlier being 500.
• The code makes it mandatory for the organization appointing the workers to provide the same a letter of the appointment stating relevant details.
• The code provides for the migrant workers to get basic facilities including fare for to and fro from his native place to work place which are the responsibility establishment including benefits under the Employees’ State Insurance Act, 1948 or the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 or any other law for the time being in force. The licence issued by the relevant authority for inter-state migrant workers to be in electronic mode having details such as the number of contract labour, nature of work for which contract labour is to be employed, responsibilities of contractor and such other particulars including the information relating to the employment of inter-State migrant workers
• Worker or employee to be provided with the overtime wage which should be double of the wage entitled to receive.
• The code lays down a responsibility on the employer to provide facilities such as ventilation, potable drinking water, proper lighting, crèche for female workers having child of 6 years of age.(the number has increase from 30 to 50), proper clean washrooms. The workmen engaged in plant to be provided with proper residential facility. Canteen also to be provided if minimum 100 workers working ( the limit has been reduce to 100 from 250). Female workers can work beyond 7pm till 6am if provided with proper and safe conditions.
• The workplace should be free from hazards that can cause or may cause any health hazards to the workers in the premises and hazardous to be disposed in a responsible manner. Impaired workers cannot be appointed in the construction industry.
• The code lays down the provision for compulsory annual health check-up camps to be organised by the employer

Jurisdiction

• Central Government to constitute a National Occupational Safety and Health Advisory Board to discharge the functions conferred on it by or under this Code which shall give advice to the Central Government on the matters relating to standards, rules and regulation to be framed under this Code. The State Government shall also form a body which is to be termed as the State Occupational Safety and Health Advisory Board which in turn recommend the state government on various guidelines pertaining to the act
• Civil courts are not allowed to entertain matters under this code; rather the aggrieved person is required to file a writ petition to Supreme Court.

Penalties

• Every person in charge and responsible to perform company’s business will be held liable for any offence committed by the company during the time.
• Employee to pay a fine of Rs.10,000/- if violates the code.
• Employer canot obstruct the inspector on duty from performing his role. If done so will result in imprisonment upto 3 months and fine upto Rs. 1lac
• Offence costing life of an employee, the employer will be punishable with imprisonment upto 2 years or fine upto Rs. 5lacs or both.