The Occupational Saftey Health And Working Conditions Code 2019 – Free PDF Download

• The Code repeals and replaces 13 labour laws relating to safety, health and working conditions. These include

1. The Factories Act, 1948
2. The Mines Act, 1952
3. The Contract Labour (Regulation and Abolition) Act, 1970.

WHY THIS CODE?

• To provide a broad legislative framework to ensure safe and better conditions of work, while providing necessary flexibility for making rules and regulations in tune with the emerging technologies.
• It says the endeavour is to simplify, amalgamate and rationalise the provisions of these laws as per the recommendation of the Second National Commission on Labour (2002).

ON WHOM THESE CODE APPLIES?

• The Code applies to establishments employing at least 10 workers, and to all mines and docks.
• It does not apply to apprentices.

PROVISIONS OF THE BILL

Relevant authorities:-

• All establishments covered by the Code must be registered with registering officers.
• Further, Inspector-cum-facilitators may inquire into accidents, and conduct inspections of establishments.
• Both these authorities are appointed by the central or state government.
• Additionally, the government may require certain establishments to set up safety committees comprising representatives of employers and workers.

Advisory Bodies:-

• The central and state governments will set up Occupational Safety and Health Advisory Boards at the national and state level, respectively.
• These Boards will advise the central and state governments on the standards, rules, and regulations to be framed under the Code.

Duties of employers:-

(i) providing a workplace that is free from hazards that may cause injury or diseases.

(ii) providing free annual health examinations to employees, as prescribed.

• In case of an accident at the workplace that leads to death or serious bodily injury of an employee, the employer must inform the relevant authorities.

Duties of employees:-

(i) taking care of their own health and safety

(ii) complying with the specified safety and health standards

(iii)reporting unsafe situations to the inspector.

Working Hours:-

• Work hours for different classes of establishment and employees will be provided as per the rules prescribed by the central or state government.
• For overtime work, the worker must be paid twice the rate of daily wages.
• Female workers, with their consent, may work past 7pm and before 6am

Leave:-

• No employee may work for more than six days a week.
• However, exceptions may be provided for motor transport workers.
• Workers must receive paid annual leave for at least one in 20 days of the period spent on duty.

Working conditions and welfare facilities:-

• The employer is required to provide a hygienic work environment with ventilation, comfortable temperature and humidity, sufficient space, clean drinking water, and latrine and urinal accommodations.
• Facilities may also include separate bathing places and locker rooms for male, female and transgender employees, canteens, first aid boxes, and creches.

Offences and penalties:-

• Under the Code, an offence that leads to the death of an employee will be punishable with imprisonment of up to two years, or a fine up to five lakh rupees, or both.
• If an employee violates provisions of the Code, he will be subject to a fine of up to Rs 10,000.
• It will further enhance the ease of doing business in the country

CRITICISM

• The RSS-affiliated Bharatiya Mazdoor Sangh (BMS) has several objections. Its president CK Sajinarayanan denounces the Code as a “cut-and-paste job” with no universal application, unlike the other three labour codes being contemplated.

• Labour economist Prof KR Shyam Sundar points to three provisions in the Code that endangers health and safety of workers:

(a) Clause 22 giving discretionary power to the government to set up Safety Committee, while this is a statutory requirement for every hazardous unit under the Factories Act of 1948.

(b) Clause 83 giving state governments power to “prescribe” maximum permissible limits of workers’ exposure to chemical and toxic substances, while the ‘second schedule’ of the Factories Act of 1948 specifies this.

(c) Clause 125 and 126 giving extensive powers to governments to make rules for implementing the Code, including those relating to health and safety matters. He also points out the absence of safeguards for dealing with ewaste and other such toxic and hazardous substances.

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