TOPIC: - THE OCCUPATIONAL SAFETY, HEALTH, AND WORKING

CONDITIONS CODE OF 2020 EMERGING AS A BEACON OF

PROGRESSIVE CHANGE

INTERNAL ASSIGNMENT.

Submitted to Submitted by

Bibhu Kaibalya Manik Sir Anshuka Kar (1983023)

Asst. professor Aayushi Priya (1983003)

 Abstract

This comprehensive article examines India's landmark legislation, the Occupational Safety,
Health, and Working Conditions OSCHW Code of 2019. Replacing several outdated laws, this
code introduces significant changes in the working conditions, safety, and health provisions for
workers across various industries. The article delves into the code's scope, registration and
licensing requirements, highlights and changes introduced, penalties for non-compliance, and its
anticipated impact on employers and workers. It explores the potential implications and
complexities that may arise once the final rules for the code are established, shedding light on the
multifaceted landscape of occupational safety and health in India.

Keywords: Compliance, Labor Law, Health and Working Conditions, Impact Analysis,

Workplace Safety,
Changes In Legal Regulations

As in the Industrial Relations Code 2020, the explanation of the term 'competent government'
here also means that the central government remains the competent government over central
public sector undertakings even after the government sells itself. It has been stated to reduce
share to less than 50%. This could provide an avenue for the government to make further
investments in her PSUs while meeting PSU employees' relief demands. Appropriately, the
definition of "contract labor" has been expanded to cover interstate migrant workers specifically.
The term "employee" has been expanded to include supervisory, administrative, and
administrative staff. Additionally, the scope of the term "employer" includes almost all kinds of
employers, including contractors and legal representatives of deceased employers, who were not
previously included in this term under the Factories and Mines Act. Expanded to include: The
term "facility" includes any factory, commercial establishment, construction site, or plantation
that employs ten or more workers. It also includes all mines and ports. The term "factory"
includes all establishments with more than 20 workers, where the work is carried out using
electricity, and 40 or more workers, where the work is carried out without electricity. Includes all
of the above establishments. As with the Industrial Relations Act 2020, the definition of
"industry" has been drafted to include most businesses engaged in producing, supplying, and
distributing goods, but also includes non-profit organizations, sovereign functions of
government, and domestic workers. "Mining" means any excavation operation and ancillary
processes. The new norms define "the core activities of a facility" instead of non-core activities
such as hygiene, security, canteens, hospital, club and guest house operations, maintenance,
housekeeping, laundry, gardening, transport, and loading. We introduce the concept of "activity".
/Unloading - Courier services for all companies where this is not an essential/primary activity.
"Manufacturing process" includes not only normal manufacturing processes but also the
operation of printing machines and refrigerated warehouses. "Dangerous processes" include all
processes listed at the beginning of the Code's appendix that require special care and involve a
risk of serious harm to worker health or environmental pollution. "Hazardous substance" refers
to any substance that can pose a risk to the health of property, people, plants, animals, and even
microorganisms. The definition of the term 'wages' is per the Industrial Relations Act 2020 and
includes basic wages, maintenance allowances, and retention allowances, but also includes
bonuses, HRA, employer's PF contributions, transport allowances, and overtime allowances.
Does not include allowances, commissions, and tips, for example—other retirement benefits.
Similarly, the definition of "employee" includes those engaged in supervisory duties, as well as
working journalists and sales promotion personnel, but does not include managers or office staff.
Employer's obligations

The new Code requires every employer to register with a designated registrar to whom the Code
applies within 60 days of the Code's entry into force. All employers must notify the relevant
government about their company's start or end of work. Like the old law, the new law imposes
general duties on employers to provide a safe working environment for employees, ensure the
proper handling and disposal of hazardous materials, and provide and maintain social facilities.
In addition, employers are obliged to provide free medical examinations and medical
examinations to their employees. This law requires employers to ensure the safety of all items
manufactured or imported for use within their facilities and to conduct appropriate testing to
ensure the safety of those items. Mandatory. Architects, project engineers, and designers of all
factory/mine site equipment and structures must also ensure safety. The new regulations also
require disclosure of certain information by owners of factories that use hazardous processes or
substances. If an employee is unable to work for more than 48 hours due to an injury, hazardous
event, or illness, the employer is obliged to notify the relevant government. The new regulations
require all factories employing 500 or more workers to have a safety committee.

A minimum limit of 250 people or more is set for factories and construction sites that handle
hazardous materials, and a minimum of 100 people for mines. The safety committee acts as a
champion for promoting employee health and addressing safety concerns as appropriate. The
provisions of Part 1 of Chapter XI of this Act apply to all establishments and labor suppliers
employing more than 50 contract workers and require all such contractors to obtain a compulsory
license. It is also mandatory. Maintains a two-tier system for determining liability under previous
legislation. Although the primary responsibility for such contract work rests with the contractor,
the ultimate responsibility remains with the contractor if the contractor fails to comply with the
provisions of the Code. Main employer. As with previous legislation, the use of contract
employees for core business activities remains prohibited, with some exceptions. government
responsibility

Responsibilities Of The Government

The new norms provide for the establishment of a National Advisory Committee on
Occupational Safety and Health as an advisory body to the Central Government and also provide
for the establishment of a National Advisory Committee on Occupational Safety and Health as
an advisory body to the State Governments on all matters covered by the Act. Provides for the
establishment of a state advisory committee. The central government will continue to set
standards, but states will be given leeway to make necessary changes. The new Code provides
specific provisions for the relevant government to exempt facilities or establish regulations in
exceptional cases, public emergencies, or when affiliated with public institutions for educational,
training, or research purposes. , as well as providing filing opportunities for mining employers.

New Law - New Labor Regulations

Section 25 of the new Code requires a maximum of eight hours of work shifts per day in any
establishment, and this limit may be lower in mines. Section 26 provides for a maximum of six
working days per week. In the case of overtime work, the employee is entitled to receive twice
his regular wage for the overtime work. Section 29 also prohibits overlapping shifts in which two
or more shifts simultaneously work on the same task. Under Section 32, adult factory workers
are entitled to one day off for every 20 days worked as long as they complete 180 days of work
in a year, while youth workers and miners are entitled to one day off for every 20 days. He is
entitled to one day's vacation for every 15 days worked. There is also a system that allows the
workers to carry over up to 30 days of accumulated leave to the following year.In a momentous
stride towards fostering enhanced gender equality, a resounding welcome has been extended to
women enable them to seek employment in all workplaces, including hazardous workplaces.
(beyond the standard 6 a.m. to 7 p.m. hours), Furthermore, it removes most of the special
restrictions required by the previous law. However, it is still prohibited to employ workers under
the age of 18 in mines (except for apprentices over the age of 16).

Provisions For The Migrant Labour In The New Code

After the recent debacle wherein both the Central Government and the State Governments failed
to produce any reliable data on the inter-state migrant workers, which led to gross
mismanagement of their situation and added to their innumerable woes during the Covid-19
lockdown, the new Code provides for the maintenance of such a database by the Central and
State Governments. The provisions of Chapter XI Part II of the Code concerning inter-state
migrant workers apply to all establishments employing ten or more such workers. Besides the
usual benefits available to other workers under the Employees' State Insurance Act, 1948, or the
Employees' Provident Funds and Miscellaneous Provisions Act, 1952, the new Act seeks to
extend the benefit of a to and fro journey allowance, access to PDS and education in their
working States and the setting up of a national toll-free helpline for inter-State migrant workers.
Giving them a much-needed breather, the new Code absolves inter-state migrant workers from
proceedings to recover any debt or dues from them. In another leap towards providing some
semblance of social security to the unorganized sector workers, the new Code establishes a
Social Security Fund.

Aiming For Health And Safety Without Hassle

While greater inclusion of women and interstate migrant workers is undoubtedly a highlight of
this new 2020 bill (replacing the 2019 bill), another notable initiative is the All India The
introduction of a single window mechanism to achieve common licensing. , factories, and
industrial units for beedi and cigar operations. This is intended to alleviate some bureaucratic
burdens typically associated with obtaining such a license. However, it remains to be seen how
this will impact greater protection for industrial workers and ease of doing business.

CONCLUSION

The effect of the OSHWC Code on both employers and workers is anticipated to be substantial,
although the exact nature of the impact remains uncertain as the final regulations for the code are
yet to be established. Once the rules are finalized, it will provide greater clarity on how the code
will be enforced and the degree to which it will affect employers and workers.

To summarize, the OSHWC Code has streamlined the regulatory procedures for employers by
standardizing the provisions that apply to different types of establishments. However, it has also
imposed additional responsibilities and compliance obligations on employers. The precise impact
of the code on employers and workers will be more evident once the final rules for the code are
established.