BATCH 2023-2024

SYNOPSIS

ON

“A CRITICAL ANALYSIS OF THE OCCUPATIONAL

SAFETY, HEALTH AND WORKING CONDITIONS
CODE 2020”

LABOUR /EMPLOYMENT LAW

(SUBJECT CODE – 10CC0204)

SUBMITTED TO – SUBMITTED BY -
MS. AKANSHA RANJAN AVNI JOBANPUTRA
ASSISTANT PROFESSOR ROLL NO.92301078006
FACULTY OF LAW, B.COM. , LL.B.
MARWADI UNIVERSITY LL.M. (TRIMESTER II)
INTRODUCTION

The Occupational Safety, Health and Working Conditions Code 2020 is a comprehensive
legislation that aims to address various aspects of occupational safety and health (OSH) in the
workplace. The implications of this code are far-reaching, impacting employee performance,
productivity, and overall well-being. Research has shown that OSH has a significant impact
on employee productivity. It has been found that occupational health and safety aim to reduce
accidents and occupational diseases, ultimately improving work systems and productivity.

The code plays a crucial role in addressing the prevalence of occupational health problems
and physiological stress among workers, particularly in physically demanding industries such
as brick fields. The impact of OSH goes beyond individual workplaces and extends to
broader societal implications. For instance, the code can contribute to the mitigation of racial
disparities in occupational injuries and improve surveillance of work-related conditions,
particularly for marginalized groups.

The code also addresses the issue of working conditions, ensuring that workers have access to
basic amenities such as clean drinking water, sanitation facilities, and adequate ventilation. It
also mandates the provision of welfare measures such as crèches, canteens, and first aid
facilities. These provisions are crucial for the well-being and productivity of workers.

The code introduces measures to regulate working hours and rest periods. It sets a maximum
limit of 8 hours of work per day and 48 hours per week, with provisions for overtime work.
This is an important safeguard to prevent exploitation and ensure a healthy work-life
balance for employees.

There are some concerns and limitations with the code. One of the main criticisms is that it
does not adequately address the issue of informal and gig economy workers. These workers
often face precarious working conditions and lack proper protection under labor laws. The
code should have included provisions specifically targeting the rights and safety
of these workers.
REVIEW OF LITERATURE

 Mohammadfam et al. (2017) Mohammadfam et al. "Evaluation of the Quality of

Occupational Health and Safety Management Systems Based on Key Performance
Indicators in Certified Organizations" Safety and health at work (2017)
 Aram (2021) Aram "Managing occupational health among goldminers in Ghana:
Modelling the likelihood of experiencing occupational related health problems" Plos one
(2021)
 Kubasinski & Sławińska (2021) Kubasinski and Sławińska "Research on Corporate Social
Responsibility (CRS) in Terms of Work Safety" European research studies journal (2021)
 Verbeek & Ivanov (2013) Verbeek and Ivanov "Essential Occupational Safety and Health
Interventions for Low- and Middle-income Countries: An Overview of the Evidence"
Safety and health at work (2013)

RESEARCH GAP

 The specific challenges faced in implementing the code at various levels, such as at the
organizational level, regulatory level, and enforcement level. This could include
examining the barriers to compliance, gaps in monitoring and enforcement mechanisms,
and the effectiveness of penalties and sanctions.
 Understand the perspectives and experiences of workers regarding the code's
implementation and its impact on their working conditions, safety, and health. Explore the
awareness levels among workers about their rights and entitlements under the code, and
assess whether the code provides sufficient protection for vulnerable groups of workers.

HYPOTHESIS
The Occupational Safety, Health and Working Conditions Code 2020 is a significant step
towards protecting the rights and well-being of workers in India, but there are certain
limitations and areas for improvement that need to be addressed for its effective
implementation and impact.

OBJECTIVES
Objectives of the code is to ensure the safety and health of workers in their workplaces. It
establishes provisions for the prevention and control of occupational hazards, including the
requirement for employers to conduct risk assessments and implement measures to mitigate
those risks. This is a positive step towards creating safer working environments and reducing
workplace accidents and injuries.

RTESEARCH METHODOLOGY
Collect data from various sources such as government reports, official documents, academic
research, and case studies. This may include data on workplace accidents, occupational
diseases, working conditions, enforcement of the code, and compliance levels.

RESEARCH QUESTIONS