Occupational Safety, Health and Working Conditions Code

Lecture Outline
•Occupational Health and Safety

(Evolution)
•Definitions
•International Labour Standards on OSH
•The Provisions of the Code
•Implications of the Code on the Labour
Market: Key Issues
Occupational Safety & Health
Evolution
● The first Factory Act ever passed by the

British Parliament was called "The
Factory Health and Morals Act, 1802”,
highlighting the need for Workers’ Safety
● The first Indian Factories Act, was

enacted in 1881.
THE OCCUPATIONAL SAFETY ,HEALTH
AND WORKING CONDITIONS CODE
2020:SALIENT FEATURES
Chapter I
Key Features of the Code
Chapter II Registration (Coverage,License)
❖ The Code applies to establishments employing at least 10 workers.
❖ It applies to mines and docks (applies even in case of 1 worker)
❖ Does not apply to apprentices under the Apprentices Act
❖ Does not apply to the offices of the Central Govt (contract workers are
included) offices of the State Government and any ship of war of any
nationality.
❖ Provisions on health and working conditions apply to all employees.
Employee means a person (other than apprentice engaged in Apprentices
Act 1961) employed on wages by an establishment to do any skilled,semi-
skilled,unskilled,manual,operational,supervisory,managerial,administrative,tec
hnical,clerical or any other work .
Registration (contd)
•Establishments covered by the Code are required to register

within 60 days (of the commencement ) with registering officers,
appointed by the central or state government.
•Electronic registration through Shram Suvidha portal.Certificate
of registration will be issued within 7 days
•The employer shall inform the closing of establishment within
30 days to the registering officer and certify payment of all dues
•Further, some establishments such as factories and mines, and
those hiring workers such as beedi and cigar workers, may be
required to obtain additional licenses to operate.
The employer shall, within thirty days of the commencement and
completion of any work, intimate to the Inspector-cum-Facilitator,
having jurisdiction in the area where the proposed establishment or
as the case may be, the work is to be executed, intimating the actual
date of the commencement, completion of work and cessation of
establishment, electronically and the same shall be auto-shared to
EPFO and ESIC.
Chapter III Duties of the Employer and
Employees etc
Duties of Employers
❖ providing a workplace that is free from hazard
❖ providing free annual health check up
❖ issuing appointment letters to employees (prescribed
format )
❖ informing relevant authorities in case an accident at the
workplace leads to death or serious bodily injury of an
employee
❖ Additional duties are prescribed for employers in factories,
mines, docks, plantations, and building and construction
work,
Relevant Authorities Chapter IV
• National Occupational
• Inspector-cum-
Facilitator
Safety and Health
Advisory Board
• Safety
• Inquiring into • Advisory Bodies OSH Committees(
accidents and Advisory bodies at comprising of
National and State
conducting level employers
inspections • Terms of office:3 and workers)
years
National Occupational Safety and Health
Advisory Board
The Central Government shall, by notification, constitute the National
Occupational Safety and Health Advisory Board (hereinafter in this Code
referred to as the National Board)
Will advise the central government in matters relating too
Standard rules and regulations relations
related to the Code
Implementation of the provisions of this

Code and the standards, rules and
regulations
Any other matter related to

The issues of policy and programme relating to code
occupational safety and health referred to it, from
time to time
Safety Committee
In every establishment where there are
500 or more
workers Factory
building or
carrying on
hazardous process other
A mine where wherein two hundred construction
fifty workers or more
100 workers or work wherein
two hundred
more are
fifty workers
employed
Chapter IV
Chapter V Health Safety and Working Conditions
Responsibility of employer for maintaining health, safety

and working conditions
● Cleanliness
● Hygiene
● Ventilation
● Drinking water
● Lighting
● Treatment of waste
● Others
Chapter VII Hours of Work,Annual Leave with wages
● No worker should be allowed to work more than eight hours in a day

● Not more than six days in a week
● There shall be paid wages at the rate of twice the rate of wages in
respect of overtime work, where a worker works in an establishment or
class of establishment for more than such hours of work in any day or in
any week as may be prescribed by the appropriate Government and the
period of overtime work shall be calculated on a daily basis or weekly
basis,
Chapter VIII Maintenance of Registers,Records
and Returns
Work performed
No of hours worked
Wages paid receipts
Overtime ,leave etc

Chapter IX Inspector -cum-Facilitator (Powers and
Duties)
● Enter, with such assistance of persons, being persons in the service of the
Government, or any local or other public authority, or with an expert, as he thinks fit,
any place which is used, or which he has reason to believe, is used as a work place .
● inspect and examine the establishment, any premises, plant, machinery, article, or any
other relevant material
● Inquire into accident or dangerous occurrence
● Sensitise the employers and supply information
● Require the production of any register and any document
● Issue show cause notice relating to safety,health
● Prosecute,conduct, defend before any court any complaint or other proceeding
Chapter XIV Miscellaneous
● The appropriate Government may direct a Chief Inspector-cum-Facilitator or any

other officer under the control of the Government concerned or appoint a
committee to undertake a survey in such manner as may be prescribed by the
appropriate Government on the situation relating to safety or health at work at any
workplace or class of workplaces or into the effect of work activity on the health of
the employees and other persons within and in the vicinity of the workplace
● Publication of reports : The appropriate Government may, if it thinks fit, cause to be
published any report submitted to it by the National Board or State Advisory Board
or any extracts from any report submitted to it under this Code
● Power of the Central and State govt to make rules
Do you think that the code will help in protecting migrant workers ?IF YES
,how.If NO how?
WWW.MENTI.COM
Code :74118323
On Creches
The Standing Committee had recommended that provision of creche facilty would
be an expensive affair for MSME sector and particularly for small scale industry.
So, in Sec 24 (3) it was added that an establishment can avail common creche facility
established by the State or Central government or a nearby located private facility
and a cluster of small scale industries can pool their resources and can set up
common a common creche.
No mention of implementation of the same.

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Lecture Outline

•Occupational Health and Safety

● The first Factory Act ever passed by the

● The first Indian Factories Act, was

•Establishments covered by the Code are required to register

Implementation of the provisions of this

Any other matter related to

Responsibility of employer for maintaining health, safety

● No worker should be allowed to work more than eight hours in a day

Wages paid receipts

Overtime ,leave etc

● The appropriate Government may direct a Chief Inspector-cum-Facilitator or any

No mention of implementation of the same.

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