Occupational Safety, Health and Working Conditions Code 2020.pdf
- 1. Occupatio Occupational Safety, Health and Working Conditions Code 2020 Dr Ellina Samantroy V.V.Giri National Labour Institute Email:[email protected]
- 2. Lecture Outline โขOccupational Health and Safety (Evolution) โขDefinitions โขInternational Labour Standards on OSH โขThe Provisions of the Code โขImplications of the Code on the Labour Market: Key Issues
- 3. Occupational Safety & Health Evolution โ The first Factory Act ever passed by the British Parliament was called "The Factory Health and Morals Act, 1802โ, highlighting the need for Workersโ Safety โ The first Indian Factories Act, was enacted in 1881.
- 6. THE OCCUPATIONAL SAFETY ,HEALTH AND WORKING CONDITIONS CODE 2020:SALIENT FEATURES
- 10. Chapter I
- 18. Key Features of the Code Chapter II Registration (Coverage,License) โ The Code applies to establishments employing at least 10 workers. โ It applies to mines and docks (applies even in case of 1 worker) โ Does not apply to apprentices under the Apprentices Act โ Does not apply to the offices of the Central Govt (contract workers are included) offices of the State Government and any ship of war of any nationality. โ Provisions on health and working conditions apply to all employees. Employee means a person (other than apprentice engaged in Apprentices Act 1961) employed on wages by an establishment to do any skilled,semi- skilled,unskilled,manual,operational,supervisory,managerial,administrative,tec hnical,clerical or any other work .
- 19. Registration (contd) โขEstablishments covered by the Code are required to register within 60 days (of the commencement ) with registering officers, appointed by the central or state government. โขElectronic registration through Shram Suvidha portal.Certificate of registration will be issued within 7 days โขThe employer shall inform the closing of establishment within 30 days to the registering officer and certify payment of all dues โขFurther, some establishments such as factories and mines, and those hiring workers such as beedi and cigar workers, may be required to obtain additional licenses to operate.
- 20. The employer shall, within thirty days of the commencement and completion of any work, intimate to the Inspector-cum-Facilitator, having jurisdiction in the area where the proposed establishment or as the case may be, the work is to be executed, intimating the actual date of the commencement, completion of work and cessation of establishment, electronically and the same shall be auto-shared to EPFO and ESIC.
- 22. Chapter III Duties of the Employer and Employees etc Duties of Employers โ providing a workplace that is free from hazard โ providing free annual health check up โ issuing appointment letters to employees (prescribed format ) โ informing relevant authorities in case an accident at the workplace leads to death or serious bodily injury of an employee โ Additional duties are prescribed for employers in factories, mines, docks, plantations, and building and construction work,
- 24. Relevant Authorities Chapter IV โข Inspector-cum- Facilitator โข Inquiring into accidents and conducting inspections โข National Occupational Safety and Health Advisory Board โข Advisory Bodies OSH Advisory bodies at National and State level โข Terms of office:3 years โข Safety Committees( comprising of employers and workers)
- 25. National Occupational Safety and Health Advisory Board The Central Government shall, by notification, constitute the National Occupational Safety and Health Advisory Board (hereinafter in this Code referred to as the National Board) Will advise the central government in matters relating too Standard rules and regulations relations related to the Code Implementation of the provisions of this Code and the standards, rules and regulations The issues of policy and programme relating to occupational safety and health referred to it, from time to time Any other matter related to code
- 26. Safety Committee In every establishment where there are building or other construction work wherein two hundred fifty workers 500 or more workers A mine where 100 workers or more are employed Factory carrying on hazardous process wherein two hundred fifty workers or more
- 27. Chapter IV
- 28. Chapter V Health Safety and Working Conditions Responsibility of employer for maintaining health, safety and working conditions โ Cleanliness โ Hygiene โ Ventilation โ Drinking water โ Lighting โ Treatment of waste โ Others
- 30. Chapter VII Hours of Work,Annual Leave with wages โ No worker should be allowed to work more than eight hours in a day โ Not more than six days in a week โ There shall be paid wages at the rate of twice the rate of wages in respect of overtime work, where a worker works in an establishment or class of establishment for more than such hours of work in any day or in any week as may be prescribed by the appropriate Government and the period of overtime work shall be calculated on a daily basis or weekly basis,
- 31. Chapter VIII Maintenance of Registers,Records and Returns Work performed No of hours worked Wages paid receipts Overtime ,leave etc
- 32. Chapter IX Inspector -cum-Facilitator (Powers and Duties) โ Enter, with such assistance of persons, being persons in the service of the Government, or any local or other public authority, or with an expert, as he thinks fit, any place which is used, or which he has reason to believe, is used as a work place . โ inspect and examine the establishment, any premises, plant, machinery, article, or any other relevant material โ Inquire into accident or dangerous occurrence โ Sensitise the employers and supply information โ Require the production of any register and any document โ Issue show cause notice relating to safety,health โ Prosecute,conduct, defend before any court any complaint or other proceeding
- 38. Chapter XIV Miscellaneous โ The appropriate Government may direct a Chief Inspector-cum-Facilitator or any other officer under the control of the Government concerned or appoint a committee to undertake a survey in such manner as may be prescribed by the appropriate Government on the situation relating to safety or health at work at any workplace or class of workplaces or into the effect of work activity on the health of the employees and other persons within and in the vicinity of the workplace โ Publication of reports : The appropriate Government may, if it thinks fit, cause to be published any report submitted to it by the National Board or State Advisory Board or any extracts from any report submitted to it under this Code โ Power of the Central and State govt to make rules
- 39. Do you think that the code will help in protecting migrant workers ?IF YES ,how.If NO how? WWW.MENTI.COM Code :74118323
- 42. On Creches The Standing Committee had recommended that provision of creche facilty would be an expensive affair for MSME sector and particularly for small scale industry. So, in Sec 24 (3) it was added that an establishment can avail common creche facility established by the State or Central government or a nearby located private facility and a cluster of small scale industries can pool their resources and can set up common a common creche. No mention of implementation of the same.