CODE ON OSH 2020

The ppt will give you a broad frame work of Code on Occupational safety, Health and working conditions -2020.
by DVSS CHANDU

1. Labour Legislations with Practical Explanation Part- V The Occupational Safety, Health and Working conditions Code – 2020. An Act to consolidate and amend the laws regulating the occupational safety, health and working conditions of the persons employed in an establishment and for matters connected therewith or incidental thereto.

2. New Logo unveiled

3. Labour Legislations with Practical Explanation Part- V The Occupational Safety, Health and Working conditions Code – 2020. An Act to consolidate and amend the laws regulating the occupational safety, health and working conditions of the persons employed in an establishment and for matters connected therewith or incidental thereto.

4. Question no.5. Who is in this Picture…? And what his contribution to Indian Working class..? Answer at comment box by #chanduhrstudio Answer for Q.4 Is “John R Commons” was the father for Industrial Relations. He probably used the Human Resource name first.

5. Topics Covered Introduction to Code Occupational safety, health and working conditions World and Indian Scenario. Formulation process of this Code. Brief Arrangements of Sections, Chapters and Schedules. New changes in Code. Applicability of Code. Practicality of Code. Summery and Conclusion of This Series of Videos.

6. Let’s Begin the video Picture taken by DVSS Chandu on 12/12/2019 at Kerala Back waters

7. Introduction to Code In Series of Codes this code is the last one and important one. Overall 13 laws simplified in this code. Those are: The Factories Act, 1948; The Plantations Labour Act, 1951; The Mines Act, 1952; The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955; The Working Journalists (Fixation of Rates of Wages) Act, 1958; The Motor Transport Workers Act, 1961; The Beedi and Cigar Workers (Conditions of Employment) Act, 1966;

8. Introduction to Code The Contract Labour (Regulation and Abolition) Act, 1970; The Sales Promotion Employees (Conditions of Service) Act, 1976; The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979; The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981; The Dock Workers (Safety, Health and Welfare) Act, 1986; The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. And in all 4 labour codes this code is vast and diversified, because various classes of employments was brought together and redefined their respective laws and merge it in way of uniformity. The basic advantage of the unifications is to bring harmonious relationship among management and workforce as reduce the loopholes and stigma which are became threat to Economy and nation itself.

9. Occupational safety, health and working conditions World and Indian Scenario. As I explained in earlier videos that this codes classification was made as per the Workforce perceptions and process of management. This code has made up on basic occupational safety, health and working conditions which plays major roles in Industrial culture, and discipline system of operations. These three words are small to pronounce but very hard and tough to manage and enforce with utmost priority. If there is any miss-proportionate while applying these rules will bring organisation down in terms of money, machine and men. In world context: OSH is a big deal to handle for ILO in cooperation with WHO. In the time of Industrial revolution the concept of Worker health at workplace got lime lighted. In early nineteenth century (1802) in UK the factories act was concern about poor working conditions of Children under textile mills. In 1833 UK created a dedicated profession for Factory Inspectorate in this act limited the duties to policing only. The same was enhanced in 1844 giving several checking, inspecting powers to inspector as well as guarding of machinery only to textile industry.

10. Occupational safety, health and working conditions World and Indian Scenario. In 1840 Royal Commission of Labour reported that because of poor working conditions in Mines there is high frequency of Accidents occurring due to this effect the Mines act 1842 was formulated In that separate inspectorate and collieries established and by 1850 Inspectors were enable to enter the premises at their discretion. “Otto Von Bismarck” was the first person to start Social Insurance in the year 1833 and the first workmen compensation act was formed in the year 1884 these two acts became pioneer in world

11. Occupational safety, health and working conditions World and Indian Scenario. In India: As explained earlier that greatest counties will have greatest challenges also, Our country faced the British colonial rules which formulated some extraordinary laws pertaining to labour in that time and still we are following the same with limited changes. The poor working conditions and Unemployment + poverty are the best couples in those times was initiated the need to birth of Occupational safety, health and working conditions in India. Textile industry was the main industry in those days, faced the challenges as poor working conditions, low wages if it comes to health of workers is zero. In this situation , Maj. Moore the inspector & chief of factories for Bombay Cotton department reported in the year 1872 to British India Government for improvement of working conditions in factories / industries especially for women and child workers. Lord Rippon was the first person to formulate the first factories act in India in the year 1881 based on the report by Maj. Moore in this act conditions of working of Child and Women was improved, 4 holidays of a month, 9 hours of working in day was incorporated. Hence, this act will call as “Mother of Indian Labour Legislations”

12. Occupational safety, health and working conditions World and Indian Scenario. In the year 1891 another amendment took place in this act to compulsory rest interval of half an hour. After that this act was amended a dozen times by increasing improvements on working conditions as well as eradicate the evil of pervasive conditions. The Royal Commission on Labour 1929 also played a crucial role to improve the working conditions of Plantation Labour in India. After Independence various other laws for OSH was formed and enforcing till today like Mines, Plantation, Contract Labour, Motor Transport, Migrant, Building and other construction and Dock workers. Each and every act has its own impact till today on their respective class of employments.

13. Formulation process of this Code. The code on OSH are recommended by Second National Commission of Labour under the chairmanship of Shri Ravindra Verma in the year 1999 formed and submitted its report in the year 2002. On 22nd September, 2020 the bill was introduced by central Labour minister and the same day it was passed in Lok Sabha. On 23rd September, 2020 the bill was passed in Rajya Sabha. Finally on 28th September, 2020 the bill got accent of Shri Ramnath Kovind our Hon’ble President and the enforcement date and conditions of rules yet to be published.. But actual date of its enforcement and rules yet to be formed.

14. Brief Arrangements of Sections, Chapters and Schedules. This code is comprised with 143 Sections covered by 14 Chapters and 3 Schedules. 1 st chapter deals with Preliminary which covers various definitions. 2 nd chapter deals with Registration of Establishment. 3 rd chapter deals with Duties of Employer and Employees, etc. 4 th chapter deals with Occupational Safety and Health bodies. 5 th chapter deals with conditions of Health, Safety and Working conditions. 6 th chapter deals with Welfare conditions of Establishments. 7 th chapter deals with Hours of Work and Leave with Wages.

15. Brief Arrangements of Sections, Chapters and Schedules. 8 th chapter deals with Maintenance of registers and records. 9 th chapter deals with Inspector cum facilitator and Other authority. 10 th chapter deals with special provisions relating to Employment of Women. 11 th chapter deals with Spl . provisions for CLRA and ISMW workers. 12 th chapter deals with Offences and penalty. 13 th chapter deals with Social security Fund. 14 th chapter for miscellaneous provisions. 1 st Schedule deals with hazardous industries. 2 nd Schedule deals with matters pertaining to various safety and working conditions. 3 rd Schedules deals with noticeable diseases.

16. New changes in Code In this code the maximum working hours 8 per day was fixed instead of earlier appropriate government will notify the maximum working hours. Factory minimum employees applicability enhanced from 20 with using power, 40 without using power as earlier 10 with using power and 20 without using power. The minimum workmen for consider as hazardous process is removed and even if one labour is working based on the process it will treat as hazardous. Contract labour minimum applicability changes from 20 to 50. The code will apply to all central and state governments offices if they recruited employees thru contractor. Women employees are eligible for any work even its Hazardous if required, Employer is responsible of safety of those women employees by providing PPE’s

17. New changes in Code Any person who migrated from home state to another state will treated as migrant if the wages were below Rs.18000/-. Displacement allowances of Interstate Migrant worker were deleted in this code. Instead of that journey allowances were inserted for lump sum amount for travelling to home to work > work to home yearly basis and class of his category. Consolidated database must and should maintain by the contractor or principle employer in portal stipulated by Government by seeding his/her aadhaar number to get actual strength of ISMW in country. Social security fund was introduced and the payment of penalty, or compound penalty will deposited in that fund and the fund will use for developmental activities for Workmen only. The crèche facility minimum requirement was enhanced from 30 to 50. The safety officer is compulsory if 500 or workmen instead of 1000 earlier. Night shift enables to Women Employees in certain conditions with safety, working hours consideration.

18. New changes in Code The minimum time to register of any factory, Mines or any other registration was increased to 60 days instead of within 30 days earlier. Digital mode of applications will be high priority instead of Hard copies. The minimum requirement of employees to run a canteen was reduced to 100 ,earlier it was 250. The Welfare officer required if the employees are 250 or more earlier it was 500. The wages , banking company and core activities of establishments was inserted in this code. National board for Occupational safety, health and working hours was incorporated in this code. The board will assist the central government in enforcement of this code. Appointment letter or order is must and should for employees those are working under your establishment. Third party audit was inserted and a new concept in this code. Compulsory annual check-up for all employees those are 45+ years in establishment was added responsibility to employer

19. Applicability of Code This code has its own applicability for various classes of establishments and category of employees. In some provisions the minimum applicability was reduced and in some provisions this limit was increased. Like reduced the minimum applicability of welfare officer from 500 to 250. For creches increased the minimum applicability from 30 to 50. The applicability of BOCW in Individual construction is 50 lakhs if the construction cost increase from 50 or more lakhs this code will apply. The applicability of this code was simplified within 13 labour laws related to OSH and working conditions.

20. Practicality of Code As this code comprised various labour laws into one the practicality will also became easy and quick. Employers no need to take separate license from CLRA, and Factories as the single registration of establishment will make easy to the HR department. This code give employers some benefits like repealed the displacement allowance and inserted Journey allowances yearly basis. Employer need to taken care of Women employees for working conditions and shift closing. Hazardous process and toxic management is became very strict with this code. Separate chapter inserted for various classes of employments will give practical time help to employers to handle the issues with one and only code. Ease of Registration, Digital mode of application will practically save the time of employers.

21. Practicality of Code The Codification of OSH helps the medium, small scale industries to exempt from taking license for registration which helps the various organizations to get more employment and savings. Practically if you think this code helped as well as tied in some provisions as discussed earlier that, reduced Welfare officer minimum requirement and increased the minimum requirement of registration under CLRA to 50 from 20 or more workers.

22. Conclusion Health and Safety has its own impact on Employee work behaviors and satisfaction if any friction in this will lead the organization or employees to downward in improvement. Code is good and nice in its nature but the actual practicable conditions and achievements will reflect the performance of Code. Wages, Social Security, IR and OSH these are interdependent on each other if any differences grow in between four the significance of Labour culture / Industrial culture will suffer badly. In all 4 codes my opinion Occupational Safety, Health and working conditions are the key to success of any industry. One will think about safety, health welfare if he/she in the job after that only other components will strive in our mind. The Rules of this code was prepared and put on before general public for suggestions and after 45 days this rules will apply and code will start enforcing.

23. Summery In this video we learnt about Occupational Safety, Health and working conditions related to various labour classes. World and Indian Perspective of OSHW. Formulation of Code. Brief arrangements of Code with sections. chapters and schedules. New changes in Code. Practicality and Applicability of Code. Conclusion.

24. End Note: will windup this video with Swami Vivekananda quote “You have to grow from the inside out. None can teach you, none can make you spiritual. There is no other teacher but your own soul.” ―  Swami Vivekananda

25. Vote of Thanks In my series of Videos on 4 Labour codes with practical explanation I would like to thank below group of people whole-heartedly. Family – who supported me in difficult times and sharing my videos across their contacts. Teachers – Who imparted knowledge to me and lift my understating level Professional Bosses – who tap on my shoulder and give me freedom to learn and impart my professional knowledge in their establishments. Colleagues – Who believe me and uplift my professional knowledge. Last but not least Friends – who share my channel and support me and help me to update in my profession To all my subscribers, who interested in my videos and sharing my channel. With this Video I am going to conclude my Series of Labour Legislations with Practical Explanations and wait for Next series of videos.

26. Thanks for supporting me PIC CREDITS : DVSS Chandu @ thanjavur brihadeeswar temple on 16/12/2019

27. Please Subscribe my Channel and share, like and comment my videos.