What is the Occupational Health and Safety Act?

Occupational Health and Safety Act guarantees rules for companies and workers to preserve safe and healthy working environments. It requires the application of safety criteria, danger identification techniques, and risk control policies in many different sectors. The Occupational Health and Safety Act's ideas have been included into the OSH Code 2020 in India, therefore guaranteeing thorough protection for employees against occupational risks, dangerous workplaces, and company carelessness.

What is the objective of the Labour Code Bill, 2020?

Introduced to streamline and consolidate India's convoluted web of current employment rules, the Employment Code Bill, 2020 The measure sought to reduce duplicates, guarantee simplicity of compliance, and give workers in many sectors better working conditions by combining several regulations into a single framework. A key component of the Labour Code Bill, the OSH Code 2020 especially addresses occupational safety rules in India, therefore guaranteeing that businesses follow rigorous health and safety standards.

What are the key provisions of the OSH Code, 2020?

Several notable clauses of the OSH Code 2020 guarantee worker safety and employer responsibility. Among other things, it combines 13 main labor laws—the Factories Act, Mines Act, and Contract Labour Act—to provide consistency in working conditions compliance throughout sectors. It guarantees regular health check-ups, strictly workplace safety rules in India, outlines employer responsibilities for worker welfare, and requires one-time registration for businesses. The code also outlines policies for working hours, overtime pay, and particular safety precautions in dangerous sectors.

What is the OHSE Code?

Often used to explain laws and rules guaranteeing occupational safety and environmental protection, the Occupational Health, Safety, and Environment Code—the OHSE Code—is referred to by The OSH Code 2020 performs a similar function in India by combining several labor laws to offer a disciplined framework for working conditions compliance.

What is the OSHA Code?

Usually referring to the Occupational Safety and Health Administration rules, which are well known worldwide including in nations like the United States, the OSHA Code Comprising the ideas of the Occupational Health and Safety Act to control workplace safety, working conditions, and employer obligations, the OSH Code 2020 functions similarly in the Indian setting.

What is the OSH Code in India?

Officially called the Occupational Safety, Health and Working Conditions Code, 2020, the OSH Code in India is a streamlined framework meant to guarantee workers' well-being in many different areas. The OSH Code 2020 replaces several former labour laws and establishes working conditions codes India, therefore simplifying compliance for companies and increasing worker protection.

How does the Occupational Health and Safety Act ensure workplace safety?

By requiring risk analyses, safety instruction, and hazard identification policies, the Occupational Health and Safety Act upholds workplace safety. Preventive safety policies must be followed by companies, who also have to provide PPE and frequent inspections. These safety measures have been extended under the OSH Code 2020 to include manufacturing, mining, and construction, therefore guaranteeing rigorous occupational safety rules in India.ruction, mining, and manufacturing, ensuring strict occupational safety regulations in India.

Who is covered under the OSH Code, 2020?

Applying to all businesses with at least 10 employees, the OSH Code 2020 includes industries including factories, mining, building work, transportation, and contract labor companies. It also covers gig and platform workers, giving them legal defense under set workplace safety regulations.

What are the employer’s responsibilities under the Occupational Health and Safety Act?

Employers have a duty to guarantee hygienic working conditions, avoid occupational dangers, and preserve emergency procedures. Employers under the OSH Code 2020 have to register their facilities, guarantee welfare facilities, guarantee medical check-ups, and follow government-defined health and safety policies. Ignoring workplace safety rules in India could result in fines if not done otherwise.

How does the OSH Code address safety standards in hazardous industries?

Strong safety precautions for sectors handling hazardous chemicals, chemicals, and dangerous working conditions are offered by the OSH Code 2020. It advises emergency response plans, exposure limits for hazardous chemicals, and medical surveillance for employees. Through regular workplace audits and regulatory control, the Occupational Health and Safety Act enhances these rights even more.

What is the penalty for non-compliance with the OSH Code, 2020?

The OSH Code 2020 lays severe fines for infractions. Should employee deaths resulting from occupational carelessness arise, the employer may be subject to fines of ₹5,00,000 or two years of jail. How does the Labour Code Bill, 2020 combine current labour laws? Other general infractions might result in fines ranging from ₹2,00,000 to ₹3,00,000; employees failing to follow safety standards could be penalized up to ₹10,000.

How does the Labour Code Bill, 2020 consolidate existing labour laws?

One of the four comprehensive codes the Labour Code Bill, 2020 combines several laws into—the OSH Code 2020. This integration seeks to streamline compliance, cut administrative red tape, and bring labor laws India 2020 consistency. Combining past regulations into a single code guarantees improved working conditions compliance, easier enforcement, and more robust worker protection.

What measures does the OSH Code take to protect workers’ health?

The OSH Code 2020 calls for sanitary sanitation clauses, frequent health check-ups, medical facilities at businesses, and clean drinking water. Employers in hazardous sectors also have to undertake regular medical checks and offer their staff health insurance.

What are the provisions for workers’ welfare under the OSH Code?

Under the OSH Code 2020, workers' welfare measures cover mandated canteels, first-aid facilities, female employees' crèches, and appropriate workplace ventilation. The code guarantees that companies follow Occupational Health and Safety Act criteria to raise general worker well-being.

How does the Occupational Health and Safety Act address occupational diseases?

Employers under the workplace Health and Safety Act must track and document workplace ailments including lung disorders, chemical poisoning, and ergonomic injuries. The OSH Code 2020 mandates that companies offer early detection tools, preventative healthcare, and pay for impacted employees, therefore extending these clauses.

What are the guidelines for ensuring fire safety under the OSH Code, 2020?

The OSH Code 2020 calls for personnel training on fire safety procedures, fire drills, emergency exits, and firefighting equipment installation. By following fire safety guidelines and carrying out frequent inspections, companies have to guarantee conformity to workplace safety legislation India.

What is the process for reporting workplace accidents under the OSH Code?

Workplace mishaps have to be reported right away to the Inspector-cum-Facilitator, who will look at the source and take required legal action. Employers according to the OSH Code 2020 must keep accident records, pay impacted employees, and apply corrective safety actions.

How does the OSH Code impact gig and platform workers?

A big step towards guaranteeing gig and platform workers get employment safeguards is the OSH Code 2020. It guarantees these employees are not excluded from working conditions compliance standards by extending fundamental safety and welfare measures. This action seeks to provide a disciplined legal framework for gig economy employment, therefore benefiting traditional employment.

The OSHWC Code 2020: Consolidating and Revolutionizing Workplace Safety and Welfare Laws

By – Shreya Dubey, Neha Das

The Occupational Safety, Health and Working Conditions Code, 2020 (“OSHWC Code 2020” or “OSH Code 2020”) is an important step in reforming labour laws India 2020 and ensuring compliance with the Occupational Health and Safety Act. It aims to regulate the safety, health, and working conditions of persons employed in various establishments. The OSH Code 2020 is designed in alignment with the Occupational Health and Safety Act to streamline compliance and improve workplace safety regulations in India.

The OSHW Code consolidates 13 existing labour laws to bring about uniformity and streamline the labour laws regime. These include the following major labour laws:

The broad framework of the new labour Code reduces 622 sections from the previous labour laws to 134 sections relating to the health and safety of the workmen with simplified and easier compliances. The new labour Code provides for one registration for each license and one annual return submission instead of multiple registrations under different labour laws.

Applicability and Scope

The OSH Code 2020 is a comprehensive framework that strengthens workplace safety in line with the Occupational Health and Safety Act and the working conditions code India. Chapter 2 of the new labour Code states that the Code shall apply to all establishments employing at least 10 workers, and to all mines and docks. The Code has defined ‘establishment’ under Section 2(v) of the Code to bring uniformity since definitions of ‘establishments’ under the existing labour laws are not uniform. Under the new labour Code, the definition applies to places where any industry, trade, business, manufacturing, or occupation is carried on in which 10 or more workers are employed or a motor transport undertaking, newspaper establishment, audio-video production, building, and other construction work or plantation, factory or mine or port or vicinity of the port where dock work is carried out. The Code does not apply to offices of the central government or state governments, However, it does apply to contract labourers employed through a contractor for central government or state government as principal employers. This alignment with the Occupational Health and Safety Act ensures a standardized approach to workplace safety across industries.

License and Registration

Chapter 2 of the Code provides for registration. To reduce multiplicity of registration and simplify the process, new establishments are required to register only under the new labour Code. The existing establishments, registered under any other central labour laws, shall be deemed to be registered under the Code and shall not be required to obtain fresh registrations. As per the Occupational Safety, Health and Working Conditions (Central) Rules, 2020 (“Rules“), the employer will have to update the registration particulars on the ‘Shram Suvidha’ portal within 6 months from the date on which the Code comes into force. Establishments such as factories and mines, and those hiring workers such as beedi and cigar workers, may be required to obtain additional common licenses to operate.

Rights and Duties of Employers and Employees

Chapter 3 of the OSH Code 2020 reinforces the principles of the Occupational Health and Safety Act by defining comprehensive employer and employee duties. It broadens the net of rights, responsibilities and duties by setting out comprehensive duties for employers, consultants, and employees (and not merely to those in ultimate control over the establishment) to ensure a safe and healthy work environment. These provisions are designed to enhance accountability, reduce risks, and promote overall workplace welfare. Employers are required to maintain a workplace free from hazards, safeguarding the health and safety of their employees. Manufacturers, designers, suppliers, consultants must ensure that any equipment, materials, or designs supplied are safe for use. Further, employees are expected to follow workplace safety protocols and take reasonable precautions for their own health and the safety of others. They must report unsafe working conditions or incidents to the Inspector.

Occupational Safety and Health Advisory Boards

Chapter IV of the Code establishes Occupational Safety and Health Advisory Boards, both at the central and state levels. These Boards will advise the respective governments on standards, rules, regulations, policy and programs related to occupational safety and health.

Health, Safety and Working Conditions

Chapter V of the new labour Code provides that the employer shall be responsible for working conditions and these conditions shall include a hygienic work environment, clean drinking water and toilets. Central government regulations for different classes of establishments are in accordance with the Occupational Health and Safety Act to maintain workplace safety compliance.

Welfare Facilities

The OSH Code 2020 mandates welfare facilities under the Occupational Health and Safety Act, strengthening working conditions compliance and occupational safety regulations India. Welfare facilities provided in Chapter VI of the Code requires canteens, first aid boxes, and crèches, to be provided as per standards notified by the central government. Additional facilities may be specified for factories, mines, docks, and building and construction work and temporary housing.

Hours of Work and Annual Leaves

Chapter VII of the Code specifies that there will be different work hours for different classes of establishments and employees as may be notified by the central or state government. For overtime work, the worker has to be paid twice the rate of daily wages. Prior consent of workers is required for overtime work. Female workers may work past 7 pm and before 6 am with their consent, and if approved by the government. Further, Workers cannot be required to work for more than six days a week and they must receive one day of leave for every 20 days of work per year.

Relevant Authorities

Chapter IX of the Code enumerates the authorities under the new labour Code. The duties include inquiring into accidents and conducting inspections. They have additional powers in the case of factories, mines, docks and building and construction workers. Further, the appropriate government may require the constitution of safety committees in certain establishments, and for a certain class of workers, to act as a liaison between employers and employees.

Special Provisions on Contract Labour and Inter-State Migrant Workers

Chapter XI, Part I of the deals with Contract Labour. The OSH Code 2020 aligns with the Occupational Health and Safety Act to ensure improved compliance for contract labour and workplace safety. The provisions of the Code that pertain to contract labour would only apply to establishments that hire 50 or more contract labourers. The Code provides that a contractor can employ contract labourers through a common license, an application for which shall be made online through the ‘Shram Suvidha Portal’ of the Ministry of Labour and Employment. The contractor license shall be granted based on the fulfilment of certain conditions by the contractor. If the conditions are not met, then the Central Government may issue only a ‘work specific license’, for the concerned work order as may be specified in such license.

Special Provisions for Audio-Visual Workers

Chapter XI, Part III of the Code provides that Audio-visual workers include actors, musicians, singers, dancers, news readers, anchors, dubbing artists and stunt persons. The definition includes: (i) animation, cartoon depiction, audio-visual advertisement; (ii) digital production, and; (iii) features films, non-feature films, television, web-based serials, talk shows, reality shows, and sports shows.

Special Provisions for Factories

Chapter XI, part VII of the Code states that the appropriate government may declare any place carrying on a manufacturing process as a ‘factory’, irrespective of the minimum number of workers in a factory. The threshold under the new definition has been increased to 20 workers from 10 workers for premises where the work process uses power and 40 workers from 20 where the work process does not use power. The appropriate government may require provisions of added facilities like ambulance rooms, welfare officers, and temporary housing. For the factories involved in hazardous processes, the maximum permissible limits of exposure to chemical and toxic substances in manufacturing processes will be prescribed by the State Government. Further, it may specify medical examinations for workers, among other facilities. Emergency standards may be set for enforcement of suitable standards in respect of such hazardous processes. If it appears that workers are in danger, the Inspector may limit the number of employees working or prohibit work in an establishment.

Offences and Penalties

Chapter XII mentions of the Non-compliance with the OSH Code 2020 and the Occupational Health and Safety Act may lead to penalties under workplace safety laws India.

Conclusion

Thus, the OSHW Code represents a significant step toward consolidating labour laws. It falls short of providing clarity and uniformity in applicability of certain provisions across industries. Nonetheless, it is a welcome change for employers and employees alike, who can refer to the Code instead of trying to work their way through the entangled maze under the old labour laws. By incorporating the Occupational Health and Safety Act’s principles, the OSH Code 2020 strengthens working conditions compliance and modernizes labour laws India 2020.

OSHWC Gazette

OSH_Gazette

FAQs

What is the Occupational Health and Safety Act?

Occupational Health and Safety Act guarantees rules for companies and workers to preserve safe and healthy working environments. It requires the application of safety criteria, danger identification techniques, and risk control policies in many different sectors. The Occupational Health and Safety Act’s ideas have been included into the OSH Code 2020 in India, therefore guaranteeing thorough protection for employees against occupational risks, dangerous workplaces, and company carelessness.
What is the objective of the Labour Code Bill, 2020?

Introduced to streamline and consolidate India’s convoluted web of current employment rules, the Employment Code Bill, 2020 The measure sought to reduce duplicates, guarantee simplicity of compliance, and give workers in many sectors better working conditions by combining several regulations into a single framework. A key component of the Labour Code Bill, the OSH Code 2020 especially addresses occupational safety rules in India, therefore guaranteeing that businesses follow rigorous health and safety standards.
What are the key provisions of the OSH Code, 2020?

Several notable clauses of the OSH Code 2020 guarantee worker safety and employer responsibility. Among other things, it combines 13 main labor laws—the Factories Act, Mines Act, and Contract Labour Act—to provide consistency in working conditions compliance throughout sectors. It guarantees regular health check-ups, strictly workplace safety rules in India, outlines employer responsibilities for worker welfare, and requires one-time registration for businesses. The code also outlines policies for working hours, overtime pay, and particular safety precautions in dangerous sectors.
What is the OHSE Code?

Often used to explain laws and rules guaranteeing occupational safety and environmental protection, the Occupational Health, Safety, and Environment Code—the OHSE Code—is referred to by The OSH Code 2020 performs a similar function in India by combining several labor laws to offer a disciplined framework for working conditions compliance.
What is the OSHA Code?

Usually referring to the Occupational Safety and Health Administration rules, which are well known worldwide including in nations like the United States, the OSHA Code Comprising the ideas of the Occupational Health and Safety Act to control workplace safety, working conditions, and employer obligations, the OSH Code 2020 functions similarly in the Indian setting.
What is the OSH Code in India?

Officially called the Occupational Safety, Health and Working Conditions Code, 2020, the OSH Code in India is a streamlined framework meant to guarantee workers’ well-being in many different areas. The OSH Code 2020 replaces several former labour laws and establishes working conditions codes India, therefore simplifying compliance for companies and increasing worker protection.
How does the Occupational Health and Safety Act ensure workplace safety?

By requiring risk analyses, safety instruction, and hazard identification policies, the Occupational Health and Safety Act upholds workplace safety. Preventive safety policies must be followed by companies, who also have to provide PPE and frequent inspections. These safety measures have been extended under the OSH Code 2020 to include manufacturing, mining, and construction, therefore guaranteeing rigorous occupational safety rules in India.ruction, mining, and manufacturing, ensuring strict occupational safety regulations in India.
Who is covered under the OSH Code, 2020?

Applying to all businesses with at least 10 employees, the OSH Code 2020 includes industries including factories, mining, building work, transportation, and contract labor companies. It also covers gig and platform workers, giving them legal defense under set workplace safety regulations.
What are the employer’s responsibilities under the Occupational Health and Safety Act?

Employers have a duty to guarantee hygienic working conditions, avoid occupational dangers, and preserve emergency procedures. Employers under the OSH Code 2020 have to register their facilities, guarantee welfare facilities, guarantee medical check-ups, and follow government-defined health and safety policies. Ignoring workplace safety rules in India could result in fines if not done otherwise.
How does the OSH Code address safety standards in hazardous industries?

Strong safety precautions for sectors handling hazardous chemicals, chemicals, and dangerous working conditions are offered by the OSH Code 2020. It advises emergency response plans, exposure limits for hazardous chemicals, and medical surveillance for employees. Through regular workplace audits and regulatory control, the Occupational Health and Safety Act enhances these rights even more.
What is the penalty for non-compliance with the OSH Code, 2020?

The OSH Code 2020 lays severe fines for infractions. Should employee deaths resulting from occupational carelessness arise, the employer may be subject to fines of ₹5,00,000 or two years of jail. How does the Labour Code Bill, 2020 combine current labour laws? Other general infractions might result in fines ranging from ₹2,00,000 to ₹3,00,000; employees failing to follow safety standards could be penalized up to ₹10,000.
How does the Labour Code Bill, 2020 consolidate existing labour laws?

One of the four comprehensive codes the Labour Code Bill, 2020 combines several laws into—the OSH Code 2020. This integration seeks to streamline compliance, cut administrative red tape, and bring labor laws India 2020 consistency. Combining past regulations into a single code guarantees improved working conditions compliance, easier enforcement, and more robust worker protection.
What measures does the OSH Code take to protect workers’ health?

The OSH Code 2020 calls for sanitary sanitation clauses, frequent health check-ups, medical facilities at businesses, and clean drinking water. Employers in hazardous sectors also have to undertake regular medical checks and offer their staff health insurance.
What are the provisions for workers’ welfare under the OSH Code?

Under the OSH Code 2020, workers’ welfare measures cover mandated canteels, first-aid facilities, female employees’ crèches, and appropriate workplace ventilation. The code guarantees that companies follow Occupational Health and Safety Act criteria to raise general worker well-being.
How does the Occupational Health and Safety Act address occupational diseases?

Employers under the workplace Health and Safety Act must track and document workplace ailments including lung disorders, chemical poisoning, and ergonomic injuries. The OSH Code 2020 mandates that companies offer early detection tools, preventative healthcare, and pay for impacted employees, therefore extending these clauses.
What are the guidelines for ensuring fire safety under the OSH Code, 2020?

The OSH Code 2020 calls for personnel training on fire safety procedures, fire drills, emergency exits, and firefighting equipment installation. By following fire safety guidelines and carrying out frequent inspections, companies have to guarantee conformity to workplace safety legislation India.
What is the process for reporting workplace accidents under the OSH Code?

Workplace mishaps have to be reported right away to the Inspector-cum-Facilitator, who will look at the source and take required legal action. Employers according to the OSH Code 2020 must keep accident records, pay impacted employees, and apply corrective safety actions.
How does the OSH Code impact gig and platform workers?

A big step towards guaranteeing gig and platform workers get employment safeguards is the OSH Code 2020. It guarantees these employees are not excluded from working conditions compliance standards by extending fundamental safety and welfare measures. This action seeks to provide a disciplined legal framework for gig economy employment, therefore benefiting traditional employment.

References

Ministry of Labour and Employment – https://labour.gov.in/whatsnew/occupational-safety-health-and-working-conditions-code-2020-no-37-2020