Labour Reforms brought by the Occupational Health, Safety and Working Conditions Code, 2020:

This Act means to regulate the laws relating to the occupational safety, health, and working conditions of workers employed in an establishment and for the matters connected therewith or incidental thereto. The bill was passed by the Lok Sabha on 22nd September 2020 and the Rajya Sabha on 23rd September 2020. The bill received the presidential assent on 28th September 2020 and the code is active presently. On the recommendations of the Second National Commission on Labour, the bill was created to improve the standards of the workers.

Scope of the Code:

The Code is applicable on such work factories where 20 or more workers are working and its manufacturing process is being done by the power supply or to such factories where 40 or more workers are working and the manufacturing work is being done without the aid of power.

The Code emphasizes on health, safety, and welfare of the workers employed in various sectors like industry, trade, business, manufacturing, factory, motor transport undertaking, building, and other construction work, newspaper establishments, audio-video production, plantation, mines, and dock-work and service sectors. It doesn't apply to the offices of Central Government, State Government, and any ship of war or any nationality but at the same time, it applies to contract labor employed through contractors in the offices where Central Government or State Government are a principal employer.

This Code sets up occupational safety boards at the national and state level to advise the Central and State governments on the standards, rules, and regulations to be framed under the Code. It creates special provisions for certain classes of establishments such as factories, mines, dock, workers, and construction workers. These comprise distinct supplies on certificates, safety rules, and the responsibilities of bosses. It consists of schedules which include a list of industries involved in the hazardous process, a list of matters where standards are to be followed concerning health and safety of workers, and a list of the prominent diseases which will be communicated to the suitable higher authorities. 

Key changes brought through the Code:

- The limit of female workers to create a crèche facility for children below 6 years of age, would increase to 50 female workers from currently.

- As per The Factory Act if any establishment has 500 or more workers then the occupier should appoint welfare officers but post-implementation of this code, the limit shall be reduced to 250 employees.

- The establishment employing 100 workers will be responsible to provide canteen facility reduction from the current limit of 250.

- Provision has been made for the employment of female employees for working beyond 7 pm till 6 am with their consent and conditions relating to safety, holiday, working hours.

- Workers cannot be required to work for more than 6 days/ week and will be entitled to one day off for every 20 days of work and one day off every week.

- Workers employed in transport, sales promotion, and journalism have special work hours and leave requirements specified.

- Employers in the construction business cannot hire workers with defective vision, deafness, or a tendency for giddiness if there's the risk of an accident.

- Elaboration provisions related to inter-state migrant workers, employers of the plantation, and liabilities of construction have been inserted in considering it gives leverage to either side.

- Considering Covid-19, the central government has reserved its power to make regulations for the general safety and health of persons in the event of a declaration of an epidemic, pandemic, or disaster. This consumes not to be pretentious by any other law for the time being in power.

- The code has made maximum registration process be initiated electronically and hence a minimum of physical contact exists.

- Key definitions of terms like wages, banking company, and core activity of an establishment have been inserted.

- Contrary to earlier provision women workers are entitled to be employed in all establishments for all types of work including hazardous subjects, to the conditions that the government may instruct the employers to provide adequate safety measures to the employees while working with hazardous substances. 

License and Registration

Establishment covered by the Code are required to register within 60 days (of the commencement of the code) electronically to the registering officers appointed by the central or state government, further, some establishment such as factories and mines, and those hiring workers such as Beedi, Cigar workers, may be required to obtain additional licenses to operate.

Offences and Penalties

- Obstructing discharge of duties of the inspector, imprisonment up to 3 months, and fine up to INR 1 lakh.

- An offense that leads to the death of an employee will be punishable with imprisonment of up to two years or a fine up to INR 5 lakh, or both

- Where a penalty is not specified, the employer will be punished with a fine of INR 2-3 lakhs.

- If an employee violates provisions of the code, fine up to 10,000.

- Offences committed by a company shall hold each person liable who, at the time the offenses was committed, was in charge, of, and was responsible to, the company for the conduct of the business of the Company.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Consulting & Governance shall not be responsible for any errors caused due to human error or otherwise.