OCCUPATIONAL

SAFETY, HEALTH AND

WORKING
CONDITIONS, 2020-
PART I
 PRESENTATION
SCHEMA

Registration of
Framework of the Code
establishments

Notice of accidents,
Duties of employer and
dangerous occurrences and
employee
diseases
FRAMEWORK OF
THE CODE
 LOK SABHA
PASSED THE Rajya Sabha passed Received
BILL ON 22ND the bill on 23rd President’s assent
SEPTEMBER, September, 2020 on 28th September,
2020 2020

Occupational safety, health and working conditions Code, 2020 is An Act to

consolidate and amend the laws regulating the occupational safety, health and
working conditions of the persons employed in an establishment and for
matters connected therewith or incidental thereto

Non-applicability of the code – To the offices of CG / SG and any ship of war of any
nationality
Exception: If the contract labour are employed through contract in the offices of CG / 6
SG, where the CG / SG is the principal employer then the Code shall apply
 STATUTES
REPEALED
The Factories Act, 1948
The Contract Labour (Regulation and
Abolition) Act, 1970
The Plantations Labour Act, 1951
T
h
The Mines Act, 1952 e
The Inter-state Migrant workmen (Regulation
The Working Journalists and other S of Employment and Condition of Service)
a Act, 1979
Newspaper Employees (Conditions of Service
l
and Miscellaneous Provisions) Act, 1955
e The Cine Workers and Cinema Theatre
s
Workers Act, 1981
The Working Journalists (Fixation of rates of The Dock Workers (Safety, health and
wages) Act, 1958 p
r welfare) Act, 1986
The Motor Transport Workers Act, 1961 oThe Building and other Construction Workers
m(Regulation of Employment and Conditions
The Beedi and Cigar Workers (Conditions of o of Service) Act, 1996
Employment) Act, 1966 t
i
 DEFINITIONS
• Agent when used in relation to a mine, means every person, whether appointed
as such or not, who, acting or purporting to act on behalf of the owner, takes
part in the management, control, supervision or direction of such mine or of any
part thereof

• Contract labour means a worker who shall be deemed to be employed in / in

connection with the work of an establishment when he is hired in / in
connection with such work by / through a contractor,
• with / without the knowledge of the principal employer and includes inter-
State migrant worker
• but does not include a worker (other than part time employee) who is
regularly employed by the contractor for any activity of his establishment and
his employment is governed by mutually accepted standards of the conditions
of employment (including engagement on permanent basis), and gets
periodical increment in the pay, social security coverage and other welfare
benefits in accordance with the law for the time being in force in such
employment
• Contractor - in relation to an establishment, means a person, who—
• undertakes to produce a given result for the establishment, other than a mere supply of
goods or articles of manufacture to such establishment, through contract labour or
• supplies contract labour for any work of the establishment as mere human resource,
• and includes a sub-contractor

• Dock work means any work in / within the vicinity of any port in connection with /
required for, or incidental to, the loading, unloading, movement or storage of cargoes
into or from ship or other vessel, port, dock, storage place or landing place, and
includes—
• work in connection with the preparation of ships or other vessels for receipt or
discharge of cargoes or leaving port
• all repairing and maintenance processes connected with any hold, tank structure or
lifting machinery or any other storage area on board the ship / in the docks; and
• chipping, painting / cleaning of any hold, tank, structure / lifting machinery or any
other storage area on board the ship or in the docks
• Hazardous means involving danger / potential danger

• Inter-State migrant worker means a person who is employed in an

establishment and who—
• has been recruited directly by the employer or indirectly through contractor in
one State for employment in such establishment situated in another State or
• has come on his own from one State and obtained employment in an
establishment of another State / has subsequently changed the establishment
within the destination State, under an agreement / other arrangement for such
employment and draws wages not exceeding the amount of Rs.18,000 p.m. /
such higher amount as may be notified by the CG
• Owner, in relation to a mine, means any person who is the immediate
proprietor / lessee / occupier of the mine / of any part thereof
• and in case of a mine the business whereof is being carried on by a liquidator
/ receiver, such liquidator / receiver
• but does not include a person who merely receives a royalty, rent / fine from
the mine / is merely the proprietor of the mine, subject to any lease grant /
licence for the working thereof / is merely the owner of the soil and not
interested in the minerals of the mine
• but any contractor / sub-lessee for the working of a mine or any part thereof
shall be subject to this Code in like manner as if he were an owner but not so
as to exempt the former from any liability
REGISTRATION
REGISTRATION & CANCELLATION OF REGISTRATION PROCESS

Application to the Registering Officer has to be made by

the Employer

Application has to be made along with information

relating to the employment of
workers inter-state migrant

RO shall register the establishment and issue a certificate

of registration electronically

Any change in the ownership / management after

registration shall be intimated to the RO within 30 days
and the RO shall make respective amendment in the
certificate of registration 14
• In case of closure of establishment, the Employer has to inform the same to the RO within
30 days and certify payment of all dues to the workers employed in such establishment

• RO on receiving the information & certificate remove such establishment from the register
& cancel the certificate of registration

• If an employer of an establishment has obtained the registration of his establishment by

misrepresentation / suppression of any material fact,
• then it shall be deemed to be the contravention of the provisions of this Code for
prosecution of the employer under sec. 94 without affecting the registration and running
of the establishment

• If an employer has obtained the registration of his establishment so fraudulently /

otherwise that the registration has become useless / ineffective to run the establishment,
• the RO may, after giving an opportunity of being heard to the employer, revoke the
registration by an order
 • No employer of an establishment shall employ any employee
• If he has not registered the establishment under the Code or
• Has not preferred any appeal for cancellation of registration / revocation of registration of
establishment / the appeal preferred is dismissed

• Existing establishments:
• Establishments that are already registered any Central labour law / any other law notified
by CG
• Shall be deemed to be registered under the Code
• On providing the details of registration to the RO within the prescribed time
 APPEAL
• Any person aggrieved by the order of RO, may make an appeal to an Appellate Officer
(notified by appropriate Govt.)
• On receipt of the same, the Appellate officer, shall dispose of the appeal after giving an
opportunity of being heard to the Appellant

Notice of commencement & cessation

• Employer of an establishment being factory / mine / relating to contract labour / building
/ other construction work
• shall not use such establishment to commence the operation of any industry, trade,
business, manufacturing / occupation thereon
• without sending notice of such purpose and
• shall also intimate the cessation thereof to the said authority in such manner as may be
prescribed by the appropriate Government

All intimations and certificates has to be made electronically

DUTIES OF EMPLOYER
& EMPLOYEE
 GENERAL DUTIES OF EMPLOYER

• Ensure the workplace is free from hazards and disposal of hazardous and toxic waste

• Comply with Occupational safety and health standards specified in the Code

• Free annual health examination / tests

• Safe working environment

• Issuing a letter of appointment to the Employee on appointment

• Responsible for safety and health of employees, workers and other persons on the work
premises
FACTORY / MINE / DOCK / BUILDING /
CONSTRUCTION WORK / PLANTATION
Maintenance of plant and systems and the use, handling, storage and transport of
articles and substances safely and without risk to health

Provision of information, instruction, training and supervision that are necessary

to ensure the health and safety of all employees at work

Maintenance of all places of work in the workplace in a condition that is safe and
without risk to health and the provision and maintenance of such means of access
to, and egress from, such places as are safe and without such risk

Provision, maintenance / monitoring of working environment in the workplace

OWNER, AGENT & MANAGER IN RELATION TO MINE

Owner and agent of every mine shall jointly and severally be responsible for
making financial and other provisions and for taking such other steps as required
under the Code

In case of any contravention, the officials, manager, owner, agent and

person appointed to carry out the welfare activities shall be guilty of such
contravention, unless he proves that he had used due diligence to comply
with the provisions

Appointment made as per the provisions of the Code shall not be a defence –
In any proceedings brought against the owner / agent of a mine that the
manager and other officials have been appointed in accordance with the
provisions of this Code
DESIGNERS, MANUFACTURERS, IMPORTERS / SUPPLIERS
Ensure that the article designed and constructed in the establishment is safe and without risk
to the health of the workers when properly used

Carry out / arrange for carrying out such tests and examination in the establishment for the
effective implementation of the provisions of the above clause*

Take necessary steps to ensure that adequate information is available in connection with the
use, standard etc.

Additional compliance with the National Occupational Safety and Health Advisory Board*

*If the testing is already carried out, then he is not required to repeat the same if, he
relies on the results thereof for the purposes of the above duties

• Article and substance is regarded as not properly used,

• if they are used without regard to any information / advice relating to their use
• which has been made available by the person who has designed, manufactured, imported
/ supplied the article and substance
 Definition for the purposes of the aforesaid provisions

• Article- includes plant and machinery

• Substance means any natural / artificial substance whether in a solid /liquid form
or in the form of a gas / vapour

• Substance for use in any factory means such substance, whether / not intended
for use by persons working in a factory
ARCHITECT, PROJECT ENGINEER / DESIGNER

Responsible for any building / other construction work / the design of any project
and to ensure that, at the planning stage, due consideration is given to the safety
and health aspects of the building workers and employees who are employed

Not to include anything in the design which would involve the use of dangerous
structures / other processes / materials, hazardous to health / safety of building
workers and employees during the course of erection, operation and execution

To take into account the safety aspects associated with the maintenance and upkeep
of the structures and buildings, where it involves such hazards as may be notified by
the appropriate Govt.
 RIGHTS & DUTIES OF EMPLOYEE
Duties Rights

• Take care and • Right to obtain from the employer

measures
reasonable for himself and others
safety information relating to employee's health
• Comply with safety and and safety at work
health requirements • Represent inadequate provision
• Co-operate with the Employer in meeting protection of his safety / health
for
the statutory obligations in connection with the work activity
• Report to the Employer / respective • Bringing to the notice of the Employer,
persons, the about any likelihood of imminent serious
situations unsafe / unhealthy personal injury / death /
• not wilfully interfere with / misuse / imminent danger to health
neglect any appliance, convenience
other
/ thing provided at workplace
• not do, wilfully and without reasonable
cause, anything, likely to
himself / others
endanger
• Perform such other duties as prescribed
by appropriate Govt.
NOTICE OF ACCIDENTS,
DANGEROUS OCCURRENCES
AND DISEASES
ACCIDEN
TS
• Where at any place in an establishment, an accident occurs which causes death / any
bodily injury
• And by reason of which the person injured is prevented from working for a period of 48
hours / more immediately following the accident / which is of such nature as
prescribed by the appropriate Govt., then the respective persons prescribed in the
Code, shall send notice of the same to such authorities
 Mine - employer / owner / agent / manager
 Factory / dock work - employer / manager
 Plantation / Building or other construction work - Employer

• On receipt of the notice, the respective authority shall make an inquiry into the
occurrence within 2 months /
• if there is no such authority, the Chief Inspector-cum-Facilitator shall cause the Inspector-
cum-Facilitator to make an inquiry within the said period
DANGEROUS
OCCURRENCES
• If there is any dangerous occurrence (whether causing any bodily injury / disability / not)
• the employer shall send notice thereof to such authorities

Diseases
• If any worker in an establishment contracts any disease specified in the Third Schedule*,
the employer shall send notice thereof to such authorities

• If any qualified medical practitioner attends on a person, who is / has been employed in
an establishment, and believes that he is suffering from any disease specified in the
Third Schedule, then, he shall without delay send a report in writing to the office of the
Chief Inspector-cum-Facilitator

• Penal provision: Medical practitioner who fails to comply with the above provision, shall
be punishable with penalty which may extend to Rs. 10,000

*List of 29 diseases as specified in the Code, like Lead poisoning, Anthrax, Silicosis,
Toxic anaemia, Occupational Cancer, etc.
THANK
YOU!