Occupational safety, health & Working condition code,2020 (1).pptx

An act to consolidate and amend laws regulating occupational safety health and working conditions of the person employed in an establishment and for matters Connected there with.
One of the four labour codes-intend to simplify the existing labour Law framework and be aligned with Current working/job opportunities.
Brought down number of provisions to 143 from 600+; further infusing, clarity and uniformity to concepts and definitions.
Published in the gazette on 29/09/2020

1. O C CU P A TIONA L SAFETY, H E A L T H & W ORKIN G CONDITION CODE,2020

2. An act to consolidate and amend laws regulating occupational safety health and working conditions of the person employed in an establishment and for matters Connected there with. One of the four labour codes- intend to simplify the existing labour Law framework and be aligned with Current working/job opportunities. Brought down number of provisions to 143 from 600+; further infusing, clarity and uniformity to concepts and definitions. Published in the gazette on 29/09/2020 INTRODUCTION

3. LABOUR LAW FALLS UNDER THE CONCURRENT LIST Merging of - Factories act, 1948, Plantations labour act, 1951 Mines Act, 1952 Working generalist and Newspaper employees, act 1955, Motor transport workers act, 1961, Beedi & Cigar Workers act, 1966, Contract Labour, 1970. Inter- state Migrant Workmen, 1979 Cine Workers and Cinema Theatre Workers, 1981 Dock Worker, 1986 Building & Other Construction workers, 1996 Sale Promotion Employees, 1976 Working Journalists (Fixation of rates of wages, 1958)

4. Simplif ies the registration process; Prescribing that establishments having 10 or more employees are required to be registered and the registering officer appointed by the appropriate government. KEY HIGHLIGHTS - Defines factory- increasing threshold limit from 10 and 20 to 20 and 40 workers, respectively. Daily working hours fixed to 8 hours per day Mandates issuance of appointment Letters to the employees/workers. Defines core activity of an establishment as an activity, which is the purpose of constituting an establishment and activities incidental ther e to

5. Section 3 : R egistration of certain establishments Outlines the process of employers to register their establishments and appoint government authorities, e specially the Registering officer . Establishments that come into existence after the code and to whom the code applies E - registration in 60 days . L ate applications may be accepted by the registeration Officer on payment of late fee E mployers must notify the registering officer, the closing of the establishment in 30 days. Notification must mention/certify that the workers have been paid their dues. If the registration officer fails to cancel the registration within 60 days of application, the cancellation is automatically process. DEFINITION S

6. Section 4 : A ppeals against order under section 3 of the Act Appeal lies to an appellate officer designated by the appropriate government A ppeal to be filed within 30 days of the order communicated. Dispose within 30 days. Discretion of the appropriate officer to entertain an appeal after 30 days, if satisfied for reason of delay. Section 5 : M andate the employers to notify the relevant authority upon commencing or ceasing operations. E -- applications can be made in a prescribed form and manner. E nsures that the government is updated about the current status of the establishment for the purpose of regulating and overseas, occupational safety and health practices.

7. Section 6 : D uties of the employer Employers to ensure safe and healthy working environment for their employees. Providing safe plant and systems of work, safe handling, and storage of articles and substances N ecessary information and instructions. Training and supervision A dequate welfare facilities Safe access and egress from the workplace Disposal of hazardous and toxic waste; including waste. Issue appointment letter to every employee No extra charge is laid on the employees with respect to any safety/health measures adopted for the employers E nsure absence of risk to health Maintenance and monitoring of safety provisions,

8. Section 7 : D uties of owner, agent, and manager of mines Owner and agent shall join you and several be responsible for making financial and other pollution for compliance under the school, including rules, regulations, bylaws, and orders under it. Responsible for Preventing contravention of the court M anager is responsible for overall management, control, supervision, and direction of the mine Prepare and audit table safety management plan based on identify hazards and risks. Consult and review with the safety committee on identified h azard Ensure benefits are available to workers & Others appointed through contractors also Free annual health examinations to employees. A ppointment letters Appointment of qualified fire officer and additional fire officers as needed A uthorise competent persons for handling, transport, and use of explosive in account with relevant standards

9. Section 8 : D uties of manufacturers, designers, importers, or suppliers of articles substances for use establishments. Mandates that the parties ensure that these articles/substances are safe and without risk to health and are properly used. Must carry out or arrange for necessary, testing and examination to ensure its safety. Adequate information must be provided regarding its use. Individuals not required to repeat testing, examination or research and reasonably rely on the result of similar work done by others. Note : “Article” includes plant and machinery and “ substance ” includes natural or artificial substances in solid, liquid gaseous, or vapour form Importers obligations - Any articles designed or manufactured outside India, import must ensure it conforms to Indian standards or higher if applicable. I f Indian standard s do not exist, then ensure the standards of the exporting country.

10. Section 9 : D uties of architect, project engineer and designer They ensure that that design does not include has added materials, processes, or structures that could and danger workers. Must consider the safety aspects of building maintenance and upkeep . Section 10 & 11 : Notice of certain accidents & occurrences Mandates that the employers must report certain accidents, also death, Dangerous occur, occurrence, and occupational diseases to the authorities . Timely reporting and investigation shall prevent further occurrences and protect workers safety. Dangerous occur, occurrence that do not cause injury should also be reported. R elevant authority is obligated to conduct enquiry into such accidents, etc, typically within two months . Ensures accountability of the employers for safety of work place and workers . Facilitates investigation, helping identify hazards and risks; does implement preventive measures to avoid future i ncidents .

11. Section 12 : Ou tlines responsibility of the employers and medical practitioners in reporting whenever contracts, occupational disease listed in S chedule III of the C ode. Notify the same to the relevant authorities in a prescribe manner within a specified timeframe . P enalty of ₹ 10,000 for non- compliance by a medical officer to report such a case Section 13 I t man dates that employees must take a reasonable case for their own health and safety of others affected by directions. Comply with safety and health standards and corporate with the employer . Report- unsafe situation and avoid interference with safety equipment . N ot endangering themselves or others through unwanted actions.

12. Section 14 : Right of E mployees E mployees have right to information about their health and safety and allows them to raise concerns to the employer/safety committee (if it exists) Unsatisfied by the employer, they can approach the inspector cum facilitator. Section 15 : No person shall intentionally or recklessly, interfere, damage, or miss use anything provided in the (equipment, tool or other items) interest of health, safety or welfare under the code. Example: damaging guards on machinery, miss using personal protective equipment (PPE) l ike gloves, helmets, or even tampering, safety devices, or equipments . Such actions can lead to disciplinary consequences, including termination . Ensures the role of both the employer and employees to take due care and diligence to maintain safety and healthy working conditions for workers in an establishment.

13. Summary : improvise working conditions of the workers. Enforcement and implementation challenges. mandatory appointment letter w ithin three months. employer is accountable. mandatory registration to ensure monitoring of the establishments existing registrations to be repelled and updated with the consent, registration particular- six months- migration allowed helps reduce multiple registrations and records centralise and streamline the establishment of records, permits, business, and compliance, etc easier and faster, annual health checkup mandatory reporting of injury, accidents, occupational diseases, if any

14. INTRODUCTION :- MAJOR EVOLUTION IS LABOUR LAWS The amendment OSH Act also provides the employees right to remove themselves from imminent danger as h ighlighted. Reduces compliance by single registration U niformity Introduce s new concepts like retaining allowance, right to participate i n safety committee s , access to public distribution systems (PDS) by migrant labourers at more than one location. Expand the list of benefits to interested migrant workers (like PF, ESIC, CESS, etc . ) Mandates free health, check - up for 45 years above in certain industries, mines, plantations, workers employed is hazardous process Introduces the concept of limiting the carryover of annual leaves (paid leaves) t o a maximum of 30 days , but provision made for encashment of leave in excess of 30 days . Th us leave lapse will cease to exist by virtue of encashment. Penalty provisions in contravention of any provision of the C ode - up to ₹ 2- 3 lakhs

15. Section 16 - Pertains to national occupational safety and health advisory board. Outlines the Constitution, functions and advisory role of the board. Central government by a notification shall constitute the national board. Purpose : to discharge functions conferred by the C ode and advise the C entral government on various occupational safety and health matters. Advi s es on standards, rules, and regulations, their implementation, policy in program, issues, etc. and other relevant matters referred to it by the central government. The government can constitute technical or advisory committee is to assist the board. The board is required to consult with the state government, particularly regarding issues related to plantations, factories, etc Term of members: 3 years Secretary, Ministry of labour, director, general, factory advice ……. “ ” Mines Safety Chief controller of Explosives Chief labour commissioner Director General ESIC 5 representatives of employees of employers Eminent persons Special invitees of state government J t . secterary of Ministry of L abour

16. ( 3) Principal Secretary ,etc . Professional body (3) Also discuss es compounding of offences under the C ode, specifiy ing offences punishable with upto 1 year imprisonment or fine which can be compounded. For offences with fine , 50% of the maximum fine can be compounded and for offences with imprisonment, 75% can be compounded. Section 17 : O utlines the establishment of the S tate A dvisory B oard. It shall advise the state Government on matters related to administration of the code. Boards, constitution, procedures and other relevant details are prescribed by the state government. Note- it is not an independent authority but operates on the direction of the state government.

17. Section 18 Focuses on the establishment of occupation, safety, and health standards. It mandates that the central government must notify these standards for various work places, including factories, mines, docks And construction sites, Beedi & cigar establishments. State government can also with the approval of central government, amend the standards. Aims to create a uniform framework for the standards across different sectors. Section 19 Appropriate government shall notify to conduct Research, experiments, and demonstration relating to OS&H and thereafter submit the findings and recommendations. The national board should also be consulted.

18. Section 20 Focuses on service of factories, my and other establishments. It outlines the process, powers and responsibilities related to conducting the service to access safety and health conditions. Survey Authority : C hief I nspector cum facilitator or D irector G eneral of F actory A dvisor, S ervice, or H ealth S ervices can conduct s urveys for factories, mines, etc Appropriate government shall authorise other officers too For other establishments survey can be conducted during normal working hours or any other deemed time. Employer must co- oporate and be given prior notice and is obligated to provide necessary facilities and access to plant and machinery, collection of data/sample, etc . Workers shall undergo medical examinations and provide relevant information. T ime spent for the survey shall be included into their working hours for wage calculation . R eports to be submitted to the appropriate government and shall be treated as submitted by the inspector cum facilitator under the C ode.

19. Section 21 Provides for collection of the statistics and establishment of a portal of interstate migrant workers, where they can register volunteer using self declaration and Aadhaar details. Also applies to self- employed workers in another state. Both Central and S tate government are required to maintain database or records of these workers, electronically or otherwise. Section 22 Mandates formation of safety committees and appoint safety officers is specific establishments to ensure the workplace safety. Safety officers must possess specific qualifications and perform duties as prescribed. Ensures that employers take proactive measure to identify and mitigate workplace Hazard and that there are designated officers to overseas the safety and health practises.

20. Section 23 establishes a framework to employers to provide ; C leanliness and hygiene V entilation, temperature, and humidity control, cooling, etc Workplace free from dust, noxious, gases, fumes, and other impurities P ortable drinking water, Adequate space and measures to prevent overcrowding, Sufficient laterines And uniral Facilities (sanitation) And hygiene E fficient treatment for waste management, etc And welfare facilities like first aid boxes, creches, bathing place, lockers, etc Challenges : A chieving a safety standard above global average remains a challenging objective , r equiring continuous revisions to existing laws. Government official play a portal roll in performing duties and setting benchmarks. Fostering safety oriented culture requires a lot of commitment. Internal conflicts in the establishment in case of safety incidence. A more sensitive and effective approach towards well- being of employers, etc Aim to establish global standards, but are subject to oversight by both government and p rivate entities.

21. Maintenance of registers, records, and returns Section 33 : A n employer shall ; maintain a register in prescribed form electronically or otherwise, containing particulars of workers like - work performed by/number of hours of work put in a normal working day ; weekly off ; wage and receipt thereof ; l eave, leave wages, overtime, attendance, dangerous occurrences, etc. e mployment of adolescent, if any ; d isplay notice at conspicuous places ; fil e e-returns or otherwise to the inspector, c um facilitator ; Emphasis on 8hr shift s & 30 mins of interval after five hours of work (industry specific) .

22. Conclusion More visibility to the employees of their rights and proper representations. Also decluttering of too many unnecessary compliances for employers. OSH largely applicable to “ Workers” w hich include interstate, migrant workers, working j ournalist s and sales promotion employees . Does not apply to workers in managerial administrative capacity/supervisors and salary exceeding 18,000 or any such as notified. Purpose India being a developing nation is constantly be inventing the wheel to be relevant to the global market, lack of Health And safety provisions In India has been echoed b y international players worldwide. Trying to be aligned with global standards and change the way India values, human labour.

23. Special provisions relating to employment of women, I ntroduction: 13 law s subsumed. Positive impact on establishments . W omen have enlarged scope of employment opportunities and hence their health, safety, and other concerns are to be addressed effectively. F emale workers shall work past 7 PM and before 6 AM with their consent and if approved by the government. Section 43 and section 44 deal with provisions relating to employment of women Section 43 : O utlines the provision of employment of women in night s hift ( w ith their consent) i n all types of work and certain conditions such as safety, holidays and working hours. Responsibility of the employers that their safety standards are met with women working in night shift.

24. Section 44 A ddresses the “ Adequate safety of employment of women in dangerous operation” Mandatory for the employers to provide “ Safeguard” f or women working is hazardous or dangerous processes. Ensure women’s health and safety in risky environments. Government has the authority to identify dangerous spots and require the employers to implement.