A General Introduction of the Occupational Safety, Health and Working Conditions Code, 2019

On September 28, 2020, the Occupational Safety, Health, and Working Conditions Code, 2020 “OSH Code” was assigned by the President, along with two other codes that have yet to be declared by the Government. Among the significant pieces of Labour Law unified by the OSH Code is the Contract Labour (Regulation and Abolition) Act of 1970, the Factories Act of 1948, and others. New guidelines have been released to streamline the country’s labour laws. The following section examines the Aim of the Occupational Safety, Health and Working Conditions code and its important provisions.

Aim of the Occupational Safety, Health And Working Conditions Code

In 2002, the Second National Commission on Labour proposed consolidating and simplifying the existing health and safety legislation. Although some types of workers still receive unique protections under the Code, such as journalists and sales promotion employees. The Code applies to employers with ten or more employees. 

Civil courts cannot handle Code-related matters. Due to this, the only available judicial remedy is a writ petition filed with the appropriate High Court by a person who has been wronged. With the Aim of the Occupational Safety, Health and Working Conditions code, the central government has offered some rules and regulations for the company.

Salient Features of the Occupational Safety, Health And Working Conditions Code

Some of the salient features of the occupational safety, health and working conditions code are:

Duties of employees and employers

• Obey the OSH Code and the guidelines of the government on this issue to prevent injury or occupational disease at work;

• Provide certain classes of employees with free annual health examinations and tests.

• To the extent reasonable, create and maintain a healthy and safe workplace.

Rights of the Employees and Employers

• Assist the employer in obtaining information about the health and safety of the employee at work and make recommendations to the employer if the workplace does not provide adequate protection for the employee’s health or safety.
• Employees have rights, such as requesting information from their employers about safety and health standards.
• The employer must send a report if he believes the danger is imminent. Although the employer may not be satisfied with the employees’ perception of imminent danger, he/she must nevertheless forward the matter to the inspector/facilitator.

Work hours and leave

• Workers in an establishment work 8 hours per day, except in mines where the Central Government may impose longer working hours.
• The Central Government may prescribe 144 hours of work per month and at least 24 hours of rest per week for journalists.
• In cases where a worker agrees to work overtime, the employer must compensate him/her at double the pay rate.
• It is not permitted for employees to work in an establishment for more than six days per week.
• One day of paid leave is provided for every 20 days worked by employees who work 180 days in a calendar year.

Working conditions and welfare facilities

The central government will provide workers with information regarding their working conditions. To be considered acceptable, a working environment must be hygienic, drinking water must be clean, and bathrooms must be accessible.

As part of central government guidelines, welfare amenities such as canteens, first aid kits, and creches may be provided. A factory, mine, dock, and construction site may also have additional facilities, such as welfare officers and temporary accommodation.

Offences and Penalties

In the Code, there are many types of offences. An employee who dies after committing an offence may be sentenced to two years in prison and a fine of five lakh rupees. Occasionally, the court may order the victim’s heirs to receive at least half the fine.

The employer may be fined between two and three lakh rupees for any other infraction that is not explicitly punished. The fine for violating the Code is Rs 10,000 for an employee. The maximum fine for first-time offences not punishable by imprisonment is half the maximum fine.

Criticism of OSH Code

The OSH code has been criticised for not covering certain workers because it excluded establishments with fewer than 10 employees, Civil Court not having jurisdiction over cases under the Code, and no definition of wages in the Code. When it comes to overtime work and leave calculation, the Code uses “wages.”

Conclusion

The economy of India depends heavily on its workers. This code is made to ensure the rights and safety of employees’ welfare in a company; there are over 100 state and federal labour laws governing wages, working conditions, and the resolution of industrial disputes. But there are many gaps in these laws. The laws are unclear and outdated. 

Labour laws are classified, namely industrial relations, wages, social security, safety, working conditions and welfare. Specifically, the Commission believed that health, safety, and working conditions must be unified into one code to provide for universal application.