The Occupational Safety, Health and Working Conditions Code, 2020 – Part II
- 1. CS Meenakshi Jayaraman The Occupational Safety, Health and Working Conditions Code, 2020 - Part II
- 2. 2 Credits and Acknowledgments Sundar Rajan S
- 3. 3 Legends used in the Presentation CG Central Government Code Occupational Safety, health and working conditions Code SG State Government State Advisory Board State Occupational Safety and Health Advisory Board
- 4. 4 Presentation Schema Brief Overview Occupational Safety and Health Health, Safety and Working Conditions Welfare Provisions Key Changes in the Code Statistics
- 5. Brief Overview There are over 100 state and 40 central laws regulating various aspects of labour such as resolution of industrial disputes, working conditions, social security and wages Since these vast number of legislations make the compliance procedures too complex, Ministry of Labour and Employment, in order to improve ease of compliance and ensure uniformity in labour laws, implemented consolidated legislations replacing 29 Central laws They are, a) Code on Wages, 2019; b) Industrial Relations Code, 2020; c) Code on Social Security 2020; d) Occupational Safety, Health and Working Conditions Code, 2020 However, these Codes are yet to come into force
- 6. Key Features of the Code The Code aims at lessening the burden of the employers as it would replace multiple registrations under various enactments to one common registration The workplace should be kept free from hazards that cause or likely to cause injury or occupational disease to the employees Issuance of appointment letter to every employee on their appointment in the establishment Employers are required to ensure the disposal of hazardous and toxic waste including e- waste Employers are required to conduct free annual health check-up for their employees The Code makes mandatory provisions for the employers to provide a safe working environment and trying to cover the risk of unfortunate incidents arising in the course of employment 6
- 7. Occupational Safety and Health 7
- 8. Occupational Safety and Health Advisory Boards – Constitution and functions CG shall constitute the National Occupational Safety and Health Advisory Board to advise the CG on matters pertaining to, •standards, rules and regulations to be declared or framed under this Code •implementation of the provisions of this Code and the standards, rules and regulations relating thereto; •issues of policy and programme relating to occupational safety and health referred to it, from time to time, by CG; and •any other matter in respect of the Code referred to it, from time to time, by CG The Board consists of members from various Ministries and Statutory Boards along with representatives of employees, employers, professional body and eminent persons connected with the field of Occupational Safety and Health SGs shall also constitute State Advisory Boards for advising SGs on matters arising out of the administration of the Code 8
- 9. Occupational Safety and Health Standards CG shall declare standards on occupational safety and health Such standards shall pertain to, •physical, chemical, biological and any other hazards to be dealt with for the working life of employees to ensure employees’ safety from such hazards •Norms appraising the hazards to employees and users and monitoring and measuring exposure of employees to hazards •Medical examination to be extended to the employees •Such other matters as listed in Schedule II to the Code 9
- 10. Safety and Occupational Health Surveys The Code provides power to various authorities to conduct survey of the establishment Employer shall provide all facilities for such survey to such authorities conducting the survey The authority conducting the survey shall require any worker of the establishment to undergo any medical examination as considered necessary However, the time spent by the worker to undergo the medical examination shall be counted as worked 10
- 11. Collection of statistics and portal for inter- State migrant workers Inter-state migrant worker is a person who: has been recruited by an employer or contractor for working in another state, or who moves on his own to another state and obtains employment there; and who is earning a maximum of Rs 18,000 per month 11 CG shall collect, compile and analyse occupational safety and health statistics Separate database or record for inter-State migrant workers*, electronically or otherwise to be maintained An inter-State migrant worker may register himself as an inter-State migrant worker on such portal on the basis of self-declaration and Aadhaar Workers who have migrated from one State to any other State and are self- employed in that other State may also register themselves on that portal
- 12. Safety Committee and Safety Officers The employer shall also appoint such number of safety officers in every establishment which is a, •factory wherein 500 workers or more are ordinarily employed; or •factory carrying on hazardous process wherein 250 workers or more are ordinarily employed; or •building or other construction work wherein 250 workers or more are ordinarily employed; or •mine wherein 100 workers or more are ordinarily employed 12 A Safety Committee consisting of representatives of employers and workers shall be constituted by any establishment as the appropriate government orders
- 13. Health, Safety and Working Conditions 13
- 14. Health, Safety and Working Conditions Employer shall be responsible to maintain in his establishment such health, safety and working conditions for the employees 14 All or any of the following matters shall be prescribed by CG for health, safety and working conditions cleanliness and hygiene, ventilation, temperature and humidity environment free from dust, noxious gas, fumes and other impurities effective arrangements for treatment of wastes and effluents potable drinking water and adequate lighting adequate standards to prevent overcrowding and to provide sufficient space to employees or other persons, as the case may be, employed therein sufficient arrangement for latrine and urinal accommodation to male, female and transgender employee separately and maintaining hygiene therein adequate standard of humidification, artificially increasing the humidity of the air, ventilation and cooling of the air in work rooms any other arrangement which the Central Government considers appropriate
- 16. Welfare Facilities in the Establishment Adequate and suitable facilities for washing to male and female employees separately Bathing places and locker rooms for male, female and transgender employees separately Place of keeping clothing not worn during working hours and for the drying of wet clothing Sitting arrangements for all employees obliged to work in a standing position Facilities of canteen in an establishment for employees thereof, wherein 100 or more workers including contract labourers are ordinarily employed In case of mines, medical examination of the employees employed or to be employed in the mines, before their employment and at specific intervals Adequate first-aid boxes or cupboards with contents readily accessible during all working hours Any other welfare measures which the Central Government considers, under the set of circumstances, as required for decent standard of life of the employees 16
- 17. Other Facilities to be provided by the Establishment / Employer • Ambulance room in every factory, mine, building or other construction work wherein more than 500 workers are ordinarily employed • Medical facilities at the operating centres and halting stations, uniforms, raincoats and other like amenities for protection from rain or cold for motor transport workers • Adequate, suitable and separate shelters or rest-rooms for male, female and transgender employees and lunch-room in every factory and mine wherein more than 50 workers are ordinarily employed and in motor transport undertaking wherein employee is required to halt at night • Appointment of welfare officer in every factory, mine or plantation wherein 250 or more workers are ordinarily employed and the qualification, conditions of service and duties of such welfare officer 17
- 18. Contd. 18 • Employer to provide rent-free temporary living accommodation within or near the work site to all building workers employed by him • Principal employer to incur expenses on providing the accommodation to the contractor, where the building or other construction work is done through the contractor • Facility of creche having suitable room or rooms for the use of children under the age of 6 years of the employees at suitable location and distance either separately or along with common facilities in establishments wherein more than 50 workers are ordinarily employed
- 19. Key Changes in the Code 19
- 20. Contd. Maximum permissible limit of exposure of chemical and toxic substances in manufacturing process in any factory is specified in Second Schedule of the Factories Act, 1948 whereas in the Code, the power to specify the limits are given to the State Governments The limit of 30 female workers for the purpose of creating creche facility for the children below 6 years of age as specified in Section 48 of Factories Act would now shift to 50 workers As per the Factories Act if any establishment has 500 or more workers than occupier should appoint welfare officers but post implementation of this Code, limit shall be reduced to 250 employees 20
- 21. Statistics 21
- 22. Cause-wise Distribution of Fatal Accidents in Coal Mines during 2018 22
- 23. Cause-wise Distribution of Fatal Accidents in Non-coal Mines during 2018 23
- 24. Trend of Accidents in Mines 24
- 25. Contd. 25*Data for the year 2019 are provisional and data for 2019 are as per the report received up to 31.10.2019
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