Occupational Safety, Health and Working Conditions Code, 2019

Why in news?

The Occupational Safety, Health and Working Conditions Code, 2019 was introduced in Lok Sabha.

What is the Code for?

• A healthy workforce would be more productive and the occurrence of fewer accidents and mishaps at work would be economically beneficial.
• So, safety, health, welfare and improved working conditions are pre-requisite for well being of the worker and the country’s economic growth.
• With this in mind, the Code repeals and replaces 13 labour laws relating to safety, health and working conditions.
• These include the Factories Act, 1948, the Mines Act, 1952, and the Contract Labour (Regulation and Abolition) Act, 1970. 
• The Code enhances the ambit of provisions from existing about 9 major sectors to all establishments having 10 or more employees.
• It does not apply to apprentices.
• Further, it makes special provisions for certain types of establishments and classes of employees, such as factories, mines, and building and construction workers.

What are the key provisions?

• Relevant authorities - All establishments covered by the Code must be registered with registering officers.
• Further, Inspector-cum-facilitators may inquire into accidents, and conduct inspections of establishments.
• Both these authorities are appointed by the central or state government.
• Additionally, the government may require certain establishments to set up safety committees comprising representatives of employers and workers.
• Advisory Bodies - The central and state governments will set up Occupational Safety and Health Advisory Boards at the national and state level, respectively.
• These Boards will advise the central and state governments on the standards, rules, and regulations to be framed under the Code.
• Duties of employers - The Code specifies several duties of employers which include -
  1. providing a workplace that is free from hazards that may cause injury or diseases
  2. providing free annual health examinations to employees, as prescribed
• In case of an accident at the workplace that leads to death or serious bodily injury of an employee, the employer must inform the relevant authorities.
• Rights and duties of employees - Duties of employees under the Code include -
  1. taking care of their own health and safety
  2. complying with the specified safety and health standards
  3. reporting unsafe situations to the inspector
• Every employee will have the right to obtain from the employer information related to safety and health standards.
• Working Hours - Work hours for different classes of establishment and employees will be provided as per the rules prescribed by the central or state government.
• For overtime work, the worker must be paid twice the rate of daily wages.
• Female workers, with their consent, may work past 7pm and before 6am, if approved by the central or state government.
• Leave - No employee may work for more than 6 days a week.
• However, exceptions may be provided for motor transport workers. 
• Workers must receive paid annual leave for at least one in 20 days of the period spent on duty.
• For sales promotion employees, medical leave must be provided for at least one-eighteenth of the period of service.
• During medical leave, the worker must be paid half his daily wages.
• Working conditions and welfare facilities - The employer is required to provide a hygienic work environment.
• These include ventilation, comfortable temperature and humidity, sufficient space, clean drinking water, and latrine and urinal accommodations.
• Other welfare facilities may be provided as per standards prescribed by the central government.
• These facilities may include separate bathing places and locker rooms for male, female and transgender employees, canteens, first aid boxes, and creches.
• Offences and penalties - An offence that leads to the death of an employee will be punishable with imprisonment of up to 2 years, or a fine up to Rs. 5 lakh, or both.
• Further, courts may direct that at least 50% of such fine be given as compensation to the heirs of the victim.
• For any other violation where the penalty is not specified, the employer will be penalised with a fine between 2 and 3 lakh rupees.
• If an employee violates provisions of the Code, s/he will be subject to a fine of up to Rs 10,000.

Source: PRS India, PIB