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Addressing Safety and health at Workplace: A Labour Reform Initiative Submitted on

April 09, 2022 Submitted by: Group - 9 Avil Harsh - 21PGDMHR14 Rohit Kumar -
21PGDMHR24 Sakshi Singhal - 21PGDMHR25 Submitted to: Prof. Shailendra Nigam
TABLE OF CONTENTS
ACKNOWLEDGEMET 3 LABOUR LAW REFORMS 4 OCCUPATIONAL SAFETY, HEALTH
AND WORKING CONDITIONS CODE 2020 5 Important Definitions Under OSH Code
2020 6 OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE 2020 -
SALIENT FEATURES 7 Right of Employees under OSH 2020 8 Health, Safety, and Working
Conditions of Employees under OSH Code 8 CHANGES IN NEW PROVISION 9 The
Changes 9 Why reforms were brought up? 10 ISSUES AND RECOMMENDATIONS 10
CONCLUSION 13 ACKNOWLEDGEMET We wish to express our sincere gratitude to Dr.
Shailendra Nigam for providing us an opportunity to work on the project.

We are highly indebted to the constant guidance and support provided. Without the
active guidance, inputs, cooperation, and encouragement of each other, we could not
have proceeded with and completed the project. We extend our gratitude to IMI New
Delhi for giving us this opportunity to learn, not only from books, but from the
experience and insights of others.

LABOUR LAW REFORMS The federal government recommends that four Codes replace
the previous 29 labour regulations. The goal is to streamline and modernize labour
regulations. The main difficulty in labour reform is to promote job creation while
respecting employees' rights. The coverage of small businesses, determining criteria for
prior approval for retrenchment, improving labour enforcement, enabling flexible forms
of labour, and supporting collective bargaining are all key topics.
Furthermore, as time passes, labour laws require an upgrade to ensure simplicity and
updating, as well as measures that can meet the demands of developing types of labour
(e.g., gig work). This note addresses these issues as well as the techniques used by the
four Codes. Coverage: Most labor rules apply to businesses of a particular size (typically
10 or above).

Size-based criteria may assist businesses in decreasing their compliance burden.

However, one may argue that fundamental wage, social security, and working conditions
safeguards should apply to all enterprises. Certain Codes continue to use similar
size-based criteria.

Retrenchment: Businesses with 100 or more employees must obtain government

approval before closing, laying off, or retrenchment. It has been suggested that this has
created an exit barrier for enterprises and has hampered their capacity to alter their staff
to meet production needs. The Industrial Relations Code lifts this limit to 300 and
empowers the government to increase it further by notification.

Labor enforcement: The multiplicity of labour regulations has resulted in various

compliances, which has increased the compliance cost for enterprises. On the other side,
the labour enforcement apparatus has been ineffectual due to weak enforcement,
insufficient sanctions, and inspectors' rent-seeking behavior. Some of these issues are
addressed by the Codes. Contract labour: Increased employment of contract labour has
emerged from labour compliance and economic factors.

Contract labour, on the other hand, has been denied fundamental rights such as
guaranteed pay. The Codes do not adequately address these problems. The Industrial
Relations Code, on the other hand, establishes a new type of short-term labour —
fixed-term employment. Trade Unions: There are various recognized trade unions, even
though there are no standards for recognizing unions that can legally bargain with
employers.

The Industrial Relations Code establishes procedures for the establishment of unions.
Simplifying and updating: The Codes simplify labour rules to a significant extent,
although they fall short in other areas. Furthermore, the Code of Social Security has
provisions for notifying schemes for 'gig' and 'platform' employees; nevertheless, these
definitions are unclear.

Delegated Legislation: The Codes leave numerous crucial issues to rule-making, such as
the application of social security programs and health and safety regulations. The
question is whether these issues should be decided by the legislative or by the
government. Labour is included in the Constitution's Concurrent List. As a result, both
Parliament and state legislatures have the authority to enact labour legislation.

According to the central government, there are approximately 100 state and 40 federal
laws governing different sectors of labour such as labour dispute settlement, working
conditions, social security, and pay. The Second National Commission on Labour (NCL)
determined that current legislation was complicated, with outdated provisions and
conflicting meanings.

The NCL advocated consolidating core labour regulations into wider areas such as
industrial relations, (ii) wages, (iii) social security, (iv) safety, and (v) welfare and labor
practices to promote compliance and statistical framework in labour laws.
OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE 2020 The
Occupational Safety, Health, and Working Conditions Code 2020 (OSH Code) was one of
three legislation about labor relations enacted in the Lok Sabha. On September 19,
2020, the Ministry of Labour and Employment presented it in the Lok Sabha.

The other two laws that were enacted with the Occupational Safety, Health, and
Working Conditions Code 2020 are as follows: 1. Industrial Relations Code 2020 2. The
2020 Social Security Code The OSH Code has unified various significant pieces of labor
law, such as the Contract Labour (Regulation and Abolition) Statute of 1970, the
Factories Act of 1948, and others, into a unified ordinance.

Important Definitions Under OSH Code 2020 Several terminologies are crucial
underneath the Occupational Safety, Health, and Working Conditions Code 2020, and a
few of them have also been altered concerning previous labour codes: 1. Employee -
This has been a consistent term from the 2019 code. "Employee" refers to a person who
is paid by an enterprise to perform any specialized, unskilled, physical, operational,
supervisory, management, administrative, technological, clerical, or other labor. 2.

Employer - A individual who serves, whether directly or via another person, or on

account of a business, is referred to as an "Employer." This person/authority has
complete power over the firm. 3. Establishment - An "Establishment" is any location with
ten or more employees where any sector, commerce, enterprise, industrial production,
or employment is conducted on a road transport endeavor, journal emergence, sound
fabrication, constructing as well as other construction projects or planting with ten or
more workforce an underground mining or connector or immediate surroundings of the
docks where loading and unloading task is performed out 4.

Contract Labour - According to the OSH Code, a "Contract Labour" is a worker who is
regarded to be engaged in/in connection with an organization through a vendor
without the awareness of the primary employer. 5. Hazardous Process - Any activity
related to certain industries in which raw/intermediate/finished/bye-products, etc.,

if not taken care of, may: Pose a risk to the safety of the person responsible Pollute the
surroundings and contribute to climate change 6. Wages - According to the OSH Code,
"Wages" are compensation such as wages, bonuses, or other, stated in monetary terms
for the job performed by the employee, such as the basic salary, compensation, and so
on.

This excludes the following: Added value The cost of lodging or lighting, water, and
medical attention Investment by the business to any retirement or provident fund
Payment for transportation Amount paid to an employee to cover one-time
expenditures. Reimbursement for housing allowance Compensation for Overtime Bonus
OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE 2020 - SALIENT
FEATURES ? The Code expands the definition of a factory as a premise where at least 20
workers work for a process with power and 40 workers for a process without power ?
The Code fixes the daily work hour limit to a maximum of eight hours ? It defines an
inter-state migrant worker as someone who has come on his/her own from one state
and received employment in another state and earns up to Rs.18000 per month ? It also
empowers women to be employed in all kinds of establishments and at night (between
7 PM and 6 AM) subject to their consent and safety ? The OSH Code removes the
manpower limit on hazardous working conditions and makes the application of the
Code obligatory for contractors recruiting 50 or more workers (earlier it was 20) ? It
ensures that no charge is levied on any employee for maintenance of safety and health
at the workplace including the conduct of medical examination and investigation to
detect occupational diseases ? The OSH Code provides for the constitution of a National
Occupational Safety and Health Advisory Board (National Advisory Board) by the Central
Government, which shall be empowered to advise the Central Government Right of
Employees under OSH 2020 Underneath this code, every individual has the fundamental
options: It is the individual's right to inquire about documents relevant to the worker's
health & welfare, as well as the measures for the protection of the individual's
prevention and response in conjunction with tasks performed in the employment.

In the event of significant harm or risk to one's life, the worker can take it to the
attention of the employer and the inspector-cum-facilitator As previously stated, the
employer must file a grievance regarding the employee as soon as possible, in the way
stipulated by the authorities. If the company is not convinced that there is no immediate
risk as seen by his or her workers, he or she may submit the case to the
inspector-cum-facilitator, whose judgment is definitive.
Health, Safety, and Working Conditions of Employees under OSH Code The Central Govt
has outlined a few important improvements and activities to be undertaken into account
to ensure the employee's health and safety. The following are the same: Male and
female staff have separate toilet facilities. Discrete bathing areas and changing rooms
should be provided for males, females, and transgender people.

Employees who work in a stationary position can sit in this configuration. Adequate
first-aid equipment Occupational sanitation and hygiene must be preserved. There must
be an accessible water supply. Sufficient lighting Strong protections are in place to
prevent congestion. On September 28, 2020, the President signed the Occupational
Safety, Health, and Working Conditions Code, 2020 ("OSH Code").

Addressing safety and health at workplace: - A labour reform initiative CHANGES IN

NEW PROVISION The Changes Earlier the Terminologies like “Employeer”, “Employee”
and “Establishment” were defined inconsistently overvarious acts and rules so the new
provision has increased the scope and has a wide coverage to maintain the consistency.
Now, An Establishment requires only one Electronics Registration and one Consolidated
return rather than separate registrations and various returns.

The threshold to appoint a Welfare Officer has been reduced to 250 workers from 500
workers for a mine, plant and factories. Introduction of mandatory welfare facilities for
inter-state migrant workers and constitution of National Occupational Safety and Health
Advisory Board by central Government.

Threshold limit for crèche family has been increased to 50 from 30 numbers of female
wokrers/ employees while threshold for canteen facility has been reduced to 100 from
250 number of workers/ employees. New clause for women employees safety if they
work beyond 7PM till 6PM which need their consent as well as the conditions related to
safety, holiday, working hours should be well Introducing the provision for workers
employed in Journalism, Transportation and Sales promotion on their working hours
and leave requirements.

The overtime work of an employee will now require their consent and employer can no
longer make them overtime work. Threshold for the constitution of Safety Commitee
and appointment of Safety officer has been changed from 1000 workers to 500 workers
in a factory, 250 workers in a building, other construction and in a hazardous process,
and 100 workers in a mine.

The provision for weekday off has been introduces in a new manner which states that
workers cannot be required to work for more than 6 days in a week and is entitled for a
day off every week and a day off for every 20 days of work. New Provisions of leave
encashment ahs been introduced and the offenses and penalties has been made more
strict by making the monetary fine high and increasing the imprisonment period.

Why reforms were brought up? The COVID-19 Pandemic hit the nation and the sudden
lockdown of India brought many issues towards us and the failure of the Government
policies in such situations and one of the maine concern was about the welfare of
migrant workers who were stuck in such situation in very poor and unhealthy conditions.
With the economy slowdown various industries, MSMEs were hit badly and were on the
verge of closure and many workers/ employees lost their job.

In such environment the Labour and Employment Ministry introduced the new reforms.
Some of the issues which were considered while bringing the reforms were: Migrant
Workers Conditions: The migrant workers were unregistered and were unorganised
which made them deprive of their entitlements and welfare.

Poor Implementation: Major States such as Tamil Nadu, Kerala, West Bengal,
Maharashtra, Haryana and Delhi have not issued the draft rules under any codes. Safety
Concern: Even after the enactment of the Occupational Safety, Health and Working
Conditions Code the safety became a grave concern and it was reported by IndustriAll
that during COVID period between May and June there were 32 major industrial
accidents which killed 75 workers in India.

ISSUES AND RECOMMENDATIONS The Code applies to establishments with ten or more
employees. It excludes establishments with fewer than ten employees. This poses the
question over whether health and safety standards should apply to workers in smaller
businesses. Health and safety laws must apply to all workers in all workplaces in order to
protect their basic rights against harmful working conditions.

Smaller businesses are not immune from all labour regulations in most nations.
According to the International Labour Organization (2005), just 10% of its member
nations have completely exempted micro and small businesses from labour regulations.
The majority of countries have a hybrid approach to labour regulation.

Health and safety legislation of the United States, the United Kingdom, South Africa, and
the Philippines, for example, provide universal coverage to all workers (except for
domestic help in the US and UK) Some unique provisions have an unclear rationale. The
2020 Bill repeals 13 rules that govern worker health, safety, and working conditions.
The National Commission on Labour (2002) proposed that these regulations be
consolidated and simplified. Furthermore, the Bill's Statement of Objects and Reasons
notes that it aims to simplify and amalgamate the 13 Acts' provisions. While the Bill
consolidates current legislation, it does not simplify its provisions. The bill has general
provisions that apply to all businesses.

Registration, filing of taxes, and employer responsibilities are all covered. It does,
however, contain extra laws that apply to specific types of workers, such as factory and
mine workers, as well as audio-visual workers, journalists, sales promotion personnel,
contract labour, and construction workers.

It might be claimed that certain types of hazardous facilities, such as factories and
mines, require additional health and safety regulations. Operating Factory and mine may
only be allowed to licenced establishments.. Special safeguards may also be needed for
specific groups of vulnerable workers, such as contract workers and migrant workers.

The logic for requiring special arrangements for other workers, on the other hand, is
unclear. For example, the Bill stipulates that anyone suffering from deafness or giddiness
is prohibited from working in construction activities that pose a danger of injury. The
point is why all workers are not subject to such a broad safety mandate.

Similarly, the Bill mandates the registration of audio-visual workers' employment

contracts, raising the question of why this group is given preferential treatment.
Additionally, the Bill provides for extended leave for employees who work in sales
promotion. Working journalists cannot be forced to work more than 144 hours in four
weeks, according to the law (i.e. an average of 36 hours per week).

The minimum leave and maximum work hours for all other workers covered by the Bill
are set forth in rules. The reason for the disparity in working circumstances between
working journalists and sales promotion staff on the one hand, and all other employees
on the other, is unclear. Thus. special provisions for certain groups of workers, such as
working journalists and sales promotion employees, remain in the Code.

It's unclear why such provisions are still in place. The Code prohibits civil courts from
handling Code-related cases. As a result, a person who has been wronged by the Code
has no choice but to file a petition with the appropriate High Court. It may be claimed
that preventing civil courts from hearing any matters under the Code would prevent
people from challenging issues in lower courts.

When people are affected by government orders, such as the order of the
Inspector-cum-facilitator in the case of factories or the termination of a contractor's
licence, the Bill provides for notice of an administrative appellate authority. The Bill, on
the other hand, does not have a judicial structure for resolving disputes. The Bill
prohibits civil courts from hearing such matters and does not clarify that such
disagreements may be heard by these labour courts and tribunals.

There may also be additional health and safety issues to contend with. For example, a
business may desire to appeal an Inspector's order identifying particular safety
infractions at the workplace. In such a circumstance, the employer may launch a civil
lawsuit in order to seek redress against the Inspector's orders.

An appeal may be filed with the High Court, which will then be heard by the Supreme
Court. Labor courts and industrial tribunals handle matters affecting workers' rights,
such as salaries, work hours, and leave, under the existing 13 health and safety
regulations. The Bill, on the other hand, prohibits civil courts from hearing any issue
arising out of the Bill.

Employers who are harmed by the Inspector's instructions and the informed
administrative appellate authority will be unable to dispute them in civil court. They
would have no choice but to file a writ petition in front of the appropriate High Court
It's possible that the Bill's limitation on civil courts hearing cases will preclude aggrieved
parties from contesting certain problems in lower courts.

Lack of implementation The Standing Committee has suggested that providing creche
facilities would be too expensive for the MSME sector, particularly small enterprises. So,
it has been added to Sec 24 (3) that an establishment can use a 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 set up a common creche,
but no mention of implementation has been made.The government should
simultaneously start implementation once the provision has been provided Overlapping
Provisions The Code stipulates that the central government may set rules requiring
creches in businesses with more than 50 employees, but that it is not required.

Crèches are required in such institutions under the Maternity Benefit Act of 1961.There
should be alignment between different Acts so that there is no confusion and laws can
be effectively applied CONCLUSION It is vital to protect people's health and safety at
work. This will have a direct impact on the workers' productivity and quality of work.

A healthy and safe work environment is becoming increasingly important in order for
employees to be more productive. The government should ensure that the workplace is
safe for workers in terms of health and safety. It must keep its promise to employees by
providing them with equal pay and a safe and healthy working environment.

Furthermore, the government should concentrate on creating a Code that covers all
areas for all workers, regardless of their age, gender, or industry. . Health-care executives
should bear these realities in mind when developing initiatives aimed at enhancing
worker safety and health. If they wish to increase the standard of labour, they must
concentrate on improving the quality of working conditions.

The Occupational Safety, Health, and Working Conditions Code, 2020, is required to
implement important changes in terms of worker health, safety, and welfare. It will also
ease the load on employers by combining various registrations into a single licence. The
Code's overall goal is to empower both employees and employers. On the one hand, it
allows for flexibility in hiring and cost-cutting, while on the other hand, it will improve
social security for both official and informal workers.

Furthermore, procedures and explanations will be acknowledged by the Government's

Rules and Regulations enacted under the Code.

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<1% - https://humanrights.gov.au/our-work/4-creating-safe-and-healthy-workplace-all
<1% - https://blog.sliceproducts.com/health-and-safety-of-employees-in-the-workplace
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https://www.insidehighered.com/views/2017/09/21/how-improve-quality-higher-educat
ion-essay
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<1% - https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7675760/