The Occupational Safety, Health and Working Conditions Code, 2020 - Part V
The Occupational Safety, Health and Working Conditions Code, 2020 - Part V
The Occupational Safety, Health and Working Conditions Code, 2020 - Part V
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Brief Overview
There are over 100 state and 40 central laws regulating various aspects of labour such as
resolution of industrial disputes, working conditions, social security and wages
Since these vast number of legislations make the compliance procedures too complex,
Ministry of Labour and Employment, in order to improve ease of compliance and ensure
uniformity in labour laws, implemented consolidated legislations replacing 29 Central laws
They are, a) Code on Wages, 2019; b) Industrial Relations Code, 2020; c) Code on Social
Security 2020; d) Occupational Safety, Health and Working Conditions Code, 2020
In this webinar, we shall continue with the provisions of Occupational Safety, Health and
Working Conditions Code, 2020
Key Features of the Code
The Code aims at lessening the burden of the employers as it would replace multiple
registrations under various enactments to one common registration
The workplace should be kept free from hazards that cause or likely to cause injury or
occupational disease to the employees
Employers are required to ensure the disposal of hazardous and toxic waste including e-
waste
Employers are required to conduct free annual health check-up for their employees
The Code makes mandatory provisions for the employers to provide a safe working
environment and trying to cover the risk of unfortunate incidents arising in the course of
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Special Provisions for Specified Labour
Part-7: Factories
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Approval and Licensing of Factories
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Liability of Owner of Premises in
Certain Circumstances
Where any premises or separate buildings are leased to different occupiers for use as
separate factories,
the owner of the premises and occupiers of the factories utilising such common
facilities which include safety and fire prevention and protection, hygiene,
occupational health, crèches, etc.
shall jointly and severally be responsible for provision and maintenance of such
common facilities and services as may be prescribed by the appropriate Government
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Power to Apply Code to Certain Premises
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Dangerous Operations
Appropriate Government may make Rules for factories which carry out dangerous
operations for,
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Contd
. The occupier shall, at the time of registering the factory involving a hazardous
process, lay down a detailed policy with respect to the health and safety of the
workers employed therein
Occupier shall make known to the workers employed therein and to the
general public living in the vicinity of the factory the safety measures required
to be taken in the event of an accident taking place
Every occupier of a factory shall, if such factory proposes to engage in a
hazardous process at any time after the commencement of the Code, within a
period of 30 days before the commencement of such process, inform the Chief
Inspector-cum-Facilitator about the nature and details of the process
If the occupier contravenes the above provision, then license issued to such occupier
shall be liable for cancellation
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Specific Responsibilityof the Occupier in
Relation to Hazardous Processes
Every occupier of a factory involving any hazardous process shall
maintain accurate and up-to-date health records or, as the case may be, medical records, of the
workers in the factory who are exposed to any chemical, toxic or any other harmful substances
appoint persons who possess prescribed qualifications and experience in handling hazardous
substances and are competent to supervise such handling within the factory
provide at the working place all the necessary facilities for protecting the workers
provide for medical examination of every worker before such worker is assigned to a job involving
the handling of, or working with, a hazardous substance
provide for medical examination of every worker while continuing in such job, and after he has
ceased to work in such job, at intervals not exceeding 12 months
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Right of Workers to Warn about
Imminent Danger
they may, bring the same to
Where the workers employed
the notice of the occupier,
in any factory engaged in a
agent, manager or any other
hazardous process have and simultaneously bring the
person who is in-charge of the
reasonable apprehension that same to the notice of the
factory or the process
there is a likelihood of Inspector-cum-Facilitator
imminent danger to their lives concerned directly or through
their representatives in the
or health due to any accident,
Safety Committee
It shall be the duty of such occupier, agent, manager or the person in-charge of the factory or process
to take immediate remedial action if he is satisfied about the existence of such imminent danger and
send a report forthwith of the action taken to the Inspector-cum- Facilitator
If the occupier, agent, manager or the person in-charge is not satisfied about the existence of any
imminent danger as apprehended by the workers, he shall refer the matter forthwith to the Inspector-
cum-Facilitator whose decision on the question of the existence of such imminent danger shall be final
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Part-8: Plantation Workers
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Facilities for Workers in Plantation
Every employer of plantation industry shall make provision for,
Necessary housing accommodation including drinking water, kitchen and toilet to every
worker employed in the plantation (including his family)
Educational facilities for the children of the workers employed in the plantation
where there are more than 25 children between the ages of six to twelve
Health facilities to every worker employed in the plantation (including his family) or
provide coverage under the Employees State Insurance Act, 1948
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Offences and Penalties
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General Penalty for Offences
Save as otherwise expressly provided in the Code, if in, or in respect of, any establishment,
there is any contravention of the provisions of the Code or regulations or rules,
the employer or the principal employer of the establishment, as the case may be, shall be
liable to penalty of Rs. 2 lakhs to 3 lakhs, and
if the contravention is continued after the conviction, then, with further penalty which
may extend to Rs. 2000 for each day till such contravention continues
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Punishment for Causing Obstruction
to Authorities
Whoever wilfully prevents or causes obstruction to a Chief Inspector-
cum-Facilitator or Inspector-cum-Facilitator or an officer of the
appropriate Government or a person authorised to discharge any
duty or to exercise any powers under the Code,
Where any person convicted of this offence is again convicted of the same offence,
then, he shall be punishable with imprisonment for a term which may extend to 6
months, or with fine which shall be Rs. 1 lakh to Rs. 2 lakhs, or with both
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Penalty for Non-maintenanceof
Statutory Documents
Any person, who is required under the
Code or the rules or regulations or bye- omits or fails to maintain such register or
laws or order made thereunder to maintain document or to file such returns or
any register or other document or to file produce such register or plan or record or
returns, produce any register or plan or report or such other document,
record or report or any other document
Where any person convicted of this offence is again convicted of the same offence,
then, he shall be liable to a penalty amounting to Rs. 50,000 to Rs. 2 lakhs 23
Punishment for Contravention of
Provisions of Duties Relating to
Hazardous Processes
Whoever fails to comply with or contravenes any of his duties relating to hazardous processes
shall, in respect of such failure or contravention,
be punishable with an imprisonment for a term which may extend to 2 years and with fine
which may extend to Rs. 5 lakhs, and
in case the failure or contravention continues, with additional fine which may extend to Rs.
25,000 for every day during which such failure or contravention continues, after the conviction
for the first such failure or contravention
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Social Security Fund
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Social Security Fund
There shall be established by the appropriate Government a social security fund for
the welfare of the unorganised workers
to which there shall be credited the amount received from composition of the offence
and the amount of the penalty as specified by officers of appropriate government
The fund may also be funded by such other sources as may be prescribed by the
appropriate Government
The fund shall be administered and expended for welfare of the unorganised
workers in such manner as may be prescribed by the appropriate Government
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Conclusion
The Code will improve the working condition of the workers and will also
reduce employer's burden as it will substitute multiple registration into one
common license
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Thank
You!
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