The Standing Committee on Labour has recently called for public input on the Occupational Safety, Health and Working Conditions (OSH) Code, 2019, a proposed law initially introduced to the Lok Sabha in July, 2019. This code is intended to set regulations for worker employment and working conditions across various sectors, regardless of whether they are directly employed or engaged by contractors. The OSH Code forms part of the Centre’s agenda to reform labour, which includes four comprehensive codes aimed at providing workers with wage security, social security, safety, health, and access to grievance redress mechanisms.
Key Provisions of the OSH Code
The OSH Code, once implemented, will replace 13 existing labour laws that relate to safety, health, and working conditions. This includes the Factories Act, 1948, the Mines Act, 1952, and the Contract Labour (Regulation and Abolition) Act, 1970.
The proposed law will be applicable to establishments employing at least 10 workers and will cover all mines and docks. The code also has special provisions for specific types of establishments and employee classes such as factories, building and construction workers.
A National Occupational Safety and Health Advisory Board
Currently, multiple committees are responsible for different aspects of occupational safety and health. However, the OSH Code proposes a single National Occupational Safety and Health Advisory Board. This board, comprising representatives from trade unions, employer associations, and state governments, will advise the government on standards, rules, and regulations pertaining to worker safety while overseeing the implementation of the Code.
Licensing Requirements under the OSH Code
Under this new code, establishments will require only one registration, licence and tax return, unlike the multiple registrations, licenses and returns required by the existing 13 labour laws. This aims to streamline the process and reduce administrative burden.
Formalisation of Employment
The OSH Code makes it mandatory for every establishment to issue an appointment letter to every employee, thus bringing transparency and formality to employment arrangements.
Improved Safety and Welfare Provisions
Under the new code, employers are obliged to ensure a clean and healthy work environment, which includes adequate ventilation, comfortable temperature, sufficient space, access to clean drinking water, and sanitary facilities.
Table: Key Facts about OSH Code, 2019
| Provisions | Description |
|---|---|
| Replaces Existing Labour Laws | 13 labour laws to be replaced |
| Applicability | All establishments employing at least 10 workers, all mines and docks |
| Advisory Board Composition | Representatives from trade unions, employer associations, and state governments |
| Licensing Requirements | One registration, one licence, one tax return |
| Safety and Welfare Provisions | Provision for hygienic work environment with proper facilities |
Working Hours For Women and Penalties
The OSH Code allows women, subject to their consent and safety considerations, to work beyond 7 pm and before 6 am. For violations leading to the death of an employee, the offender can either be imprisoned for up to two years, fined up to five lakh rupees, or face both penalties. The courts may also mandate that at least 50% of the fine be awarded as compensation to the victim’s heirs. Furthermore, if an employee violates the provisions of the Code, they may face a fine of up to Rs 10,000.
Last Modified: February 6, 2024