The Occupational Safety, Health, and Working Conditions Code (“Code”) is enacted to consolidate and amend the laws regulating the occupational safety, health, and working conditions of the persons employed in an establishment, and for the connected and incidental matters.
The Code comprises amalgamates, subsumes, and simplifies the below-mentioned laws under its 14 Chapters 143 Sections 3 Schedules.
The following 13 Central Acts will be repealed by this Code:
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The Central Government will notify in the Official Gazette the date on which the Code will become effective and operational. It may be a single date appointed to bring the entire Code operational, or there may be different dates appointed for different provisions to come into force.
The Code is not applicable to the offices of the Central Government, offices of the State Government and any ship of war of any nationality, provided that the Code shall apply in case of contract labour employed through contractor in the offices of the Central Government or in the offices of the State Government, where the Central Government or, as the case may be, the State Government is the principal employer.
Every employer of any establishment, that comes into existence after the commencement of this Code, and to which this Code is applicable, should, within sixty days from the date of such applicability of this Code, make an application electronically to the registering officer appointed by the appropriate Government for the registration of such establishment.
Any change in the ownership or management or in any that occurs after the registration of an establishment under this Code, should be intimated by the employer electronically to the registering officer within thirty days of such change in such form as may be prescribed and such amendment will be carried out in the certificate of registration electronically.
The employer of an establishment should, within thirty days of the closing of the establishment inform the closing of such establishment and certify payment of all dues to the workers employed in such establishment, to the registering officer and the registration will be cancelled in 60 days.
The employer of an establishment who has not registered the establishment as prescribed in this Code; or has not preferred appeal against the cancellation or revocation of the registration certificate of the establishment or the appeal so preferred has been dismissed, should not employ any employee in such establishment.
The establishment to which this Code applies, that has been already registered under any Central labour law, or any other law that may be notified by the Central Government and that applies to such establishment which is in existence at the time of the commencement of this Code, shall be deemed to have been registered under the provisions of this Code, subject to the condition that the registration holder provides the details of registration to the concerned registering officer within such time and in such form as may be prescribed.
Every employer should:
Without affecting the above-mentioned, the duties of an employer shall particularly in respect of factory, mines, dock, building or other construction work or plantation include:
The owner and agent of every mine are jointly and severally responsible for making financial and other provisions and for taking such other steps as may be necessary for compliance with the provisions of this Code and the rules, regulations, bye-laws, and orders made thereunder, relating to mine.
In the event of any contravention by any person whosoever of any of the provisions of this Code or of the rules, regulations, bye-laws or orders made thereunder, relating to mine, except those which specifically require any person to do any act or thing or prohibit any person from doing an act or thing, besides the person who contravenes, then, each of the following persons shall also be deemed to be guilty of such contravention unless he/she proves that he/she had used due diligence to secure compliance with the provisions and had taken reasonable means to prevent such contravention, namely, the official or officials appointed to perform duties of supervision in respect of the provisions contravened; the manager of the mine; the owner and agent of the mine; the person appointed, if any, to carry out the responsibility.
To the extent it is applicable in the course of business carried on and to the matters within his/her control, every person who designs, manufactures, imports, or supplies any article for use in any establishment, should:
The designer, manufacturer, importer, or supplier shall also comply with such duties as the Central Government may, in consultation with the National Occupational Safety and Health Advisory Board by regulations specify.
Every person, who undertakes to design or manufacture any article and substance for use in any factory, may carry out or arrange for the carrying out of necessary research with a view to the discovery and, so far as is reasonably, practicable, the elimination or minimisation of any risks to the health or safety of the workers to which the design or manufacture of article and substance may give rise to such risk.
Every person who erects or installs any article for use in a factory, shall ensure, so far as practicable, that such article so erected or installed does not make it unsafe or a risk to health when that article is used by the persons in such factory;
The architect, project engineer or designer are responsible for any building or other construction work or the design of any project or part thereof relating to such building or other construction work 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 in the erection, operation and execution of such projects and structures as the case may be.
Adequate care should be taken by the architect, project engineer and other professionals involved in the project, not to include anything in the design which would involve the use of dangerous structures or other processes or materials, hazardous to health or safety of building workers and employees during the course of erection, operation and execution as the case may be.
It shall also be the duty of the professionals, involved in designing the buildings structures or other construction projects, to take into account the safety aspects associated with the maintenance and upkeep of the structures and buildings where maintenance and upkeep may involve such hazards as may be notified by the appropriate Government.
Where at any place in an establishment, an accident occurs which causes death, or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident or which is of such nature as may be prescribed by the appropriate Government, then, employer or owner or agent or manager of such establishment if it is mine; or employer or manager in relation to such establishment if it is factory or relates to dock work; or the employer of a plantation or an establishment relating to building or other construction or any other establishment, should send notice to such authorities, in such manner and within such time, in the prescribed manner.
Where a notice given relates to an accident causing death in a plantation or an establishment relating to building or other construction work or any other establishment, the authority to whom the notice is sent should make an inquiry into the occurrence within two months of the receipt of the notice or 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.
Where in an establishment there is any dangerous occurrence of such nature, (whether causing any bodily injury or disability, or not) the employer should send notice thereof to such authorities, and in such form and within such time, in the prescribed manner.
Where any worker in an establishment contracts any disease specified in the Third Schedule, the employer of the establishment should send notice to such authorities, within prescribed timeline in the prescribed manner.
If any qualified medical practitioner attends on a person, who is or has been employed in an establishment, and who is, or is believed by the qualified medical practitioner, to be suffering from any disease specified in the Third Schedule, the medical practitioner should without delay send a report in writing to the office of the Chief Inspector-cum-Facilitator in the prescribed manner failing which shall be punishable with penalty which may extend to ten thousand rupees.
Every employee at workplace should:
Every employee in an establishment shall have the right to obtain from the employer information relating to employee's health and safety at work and represent to the employer directly or through a member of the Safety Committee as constituted under this Code, if constituted by the employer for such purpose, regarding inadequate provision for protection of the safety or health in connection with the work activity in the workplace,and if not satisfied, to the Inspector-cum-Facilitator.
Where such employee in any workplace has reasonable apprehension that there is a likelihood of imminent serious personal injury or death or imminent danger to health, the employee may bring the same to the notice of his employer directly or through a member of the Safety Committee and simultaneously bring the same to the notice of the Inspector-cum-Facilitator.
The employer or any employee should take immediate remedial action if he/she is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the Inspector-cum-Facilitator in the manner prescribed.
If the employer is not satisfied about the existence of any imminent danger as apprehended by his employees, he/she shall, nevertheless, refer the matter forthwith to the Inspector-cum-Facilitator whose decision on the question of the existence of such imminent danger shall be final.
The Central Government will constitute the National Occupational Safety and Health Advisory Board to discharge the functions conferred on it by or under this Code and to advise the Central Government on the matters relating to:
The State Government shall constitute a Board to be called the State Occupational Safety and Health Advisory Board to advise the State Government on such matters arising out of the administration of this Code as may be referred to it by the State Government.
The Central Government shall declare, by notification, standards on occupational safety and health for workplaces relating to factory, mine, dock work, beedi and cigar, building and other construction work and other establishments.
Such standards shall relate to:
The appropriate Government may, require any establishment or class of establishments to constitute a Safety Committee consisting of representatives of employers and workers engaged in such establishment in prescribed manner.
In every establishment which is a:
The employer shall also appoint such number of safety officers, who shall possess such qualifications and perform such duties, as may be prescribed by appropriate Government.
The employer is responsible to maintain in the establishment such health, safety and working conditions for the employees as may be prescribed by the Central Government. The Central Government may prescribe for providing all or any of the following matters in the establishment or class of establishments, namely:
The employer is responsible to provide and maintain in his establishment such welfare facilities for the employees as may be prescribed by the Central Government, including,
The Central Government may also prescribe for the following matters, namely:
The Central Government may make rules to provide for the facility of creche having suitable room or rooms for the use of children under the age of six years of the employees at suitable location and distance either separately or along with common facilities in establishments wherein more than fifty workers are ordinarily employed, provided that an establishment can avail common crèche facility of the Central Government, State Government, municipality or private entity or provided by non-Governmental organisation or by any other organisation or group of establishments may pool their resources for setting up of common crèche in the manner as they may agree for such purpose.
No worker shall be required or allowed to work, in any establishment or class of establishment for more than:
Subject to the above, in the case of mines,
The hours of work in case of motor transport worker include:
Running time in relation to a working day means the time from the moment a transport vehicle starts functioning at the beginning of the working day until the moment when the transport vehicle ceases to function at the end of the working day, excluding any time during which the running of the transport vehicle is interrupted for a period exceeding such duration as may be prescribed by the Central Government during which period the persons who drive, or perform any other work in connection with the transport vehicle are free to dispose of their time as they please or are engaged in subsidiary work;
Subsidiary work means the work in connection with a transport vehicle, its passengers or its load which is done outside the running time of the transport vehicle, including in particular:
Period of mere attendance means the period during which a person remains at his post solely in order to reply to possible calls or to resume action at the time fixed in the duty schedule.
The hours of work for working journalist shall, subject to a maximum of one hundred and forty-four hours of work during any period of four consecutive weeks and a period of not less than twenty-four consecutive hours of rest during any period of seven consecutive days, be such as may be prescribed by the Central Government.
A sales promotion employee or the working journalist,in addition to such holidays, casual leave, or other kinds of leave as may be prescribed by the Central Government, shall be granted, if requested for:
The working hours of an adolescent worker shall be regulated in accordance with the provisions of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.
No worker shall be allowed to work in an establishment for more than six days in any one week: Provided that in any motor transport undertaking, an employer may, in order to prevent any dislocation of a motor transport service, require a worker to work on any day of weekly holiday which is not a holiday so arranged that the worker does not work for more than ten days consecutively without a holiday for a whole day intervening.
There shall be paid wages at the rate of twice the rate of wages in respect of overtime work, where a worker works in an establishment or class of establishment for more than such hours of work in any day or in any week as may be prescribed by the appropriate Government and the period of overtime work shall be calculated on a daily basis or weekly basis, whichever is more favourable to such worker, provided that a worker shall be required to work overtime by the employer subject to the consent of such worker for such work: provided further that the appropriate Government may prescribe the total number of hours of overtime.
Where a worker in an establishment works on a shift which extends beyond midnight,
The work shall not be carried on in any establishment by means of a system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time.
The appropriate Government or subject to the approval of the appropriate Government, the Chief Inspector-cum-Facilitator, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any establishment or class of establishments or any department or section of an establishment or any category or description of workers therein provided that the provisions of this sub-section shall not apply to mines.
No worker shall be required or allowed to work in a mine or factory if he has already been working in any other such similar establishment within the preceding twelve hours, save in such circumstances as may be prescribed by the appropriate Government.
There shall be displayed and correctly maintained in every establishment a notice of periods of work, showing clearly for every day the periods during which workers may be required to work in accordance with the provisions of this Code.
The form of notice required, the manner of display of such notice and the manner in which such notice shall be sent to the Inspector-cum-Facilitator shall be such as may be prescribed by the appropriate Government.
Any proposed change in the system of work in any establishment which will necessitate a change in the notice shall be intimated to the Inspector-cum-Facilitator before the change is made, and except with the previous sanction of the Inspector-cum-Facilitator, no such change shall be made until one week has elapsed since that last change.
Every worker employed in an establishment shall be entitled for leave in a calendar year with wages subject to the following conditions, namely:
that he has worked one hundred and eighty days or more in such calendar year;
that he shall be entitled for one-day leave for every twenty days of his work, in the case of adolescent worker for fifteen days of his work, and in case of worker employed below ground mine, at the rate of one day for every fifteen days of his work, in such calendar year;
any period of layoff, maternity leave or annual leave availed by such worker in such calendar year shall be counted for calculating the period of one hundred and eighty days or more, but he shall not earn leave for the period so counted;
any holidays falling between the leave availed by such worker (in a calendar year or prefixed or suffixed holiday) shall be excluded from the period of leave so availed;
in case of such worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate specified, if he has worked for one-fourth of the total number of days in the remainder of the calendar year;
in case such worker is discharged or dismissed from service or quits employment or is superannuated or dies while in service, during the course of the calendar year, such worker or his heir or nominee, shall be entitled to wages in lieu of the quantum of leave to which such worker was entitled immediately before his discharge, dismissal, quitting of employment, superannuation, or death, calculated as specified in preceding clauses, even:
if such worker has not worked for the required period under this sub-section making such worker eligible to avail such leave, and such payment shall be made;
where such worker is discharged or dismissed or quits employment before the expiry of the second working day from the date of such discharge, dismissal or quitting; and
where such worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death;
if such worker does not in any one calendar year take the whole of the leave allowed to him under this sub-section and the rules made thereunder, then, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year so that:
the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty days; and
such worker, who has applied for leave with wages but has not been given such leave in accordance with this sub-section and the rules made thereunder shall be entitled to carry forward the leave refused without any limit;
such worker shall be entitled on his demand for encashment of leave at the end of calendar year;
such worker shall be entitled, where his total number of leave exceeds thirty days to encash such exceeded leave.
These provisions not operate to the prejudice of any right to which a person employed in a mine may be entitled under any other law or under the terms of any award, agreement or contract of service: Provided that if such award, agreement or contract of service, provides for longer annual leave with wages than that provided the quantum of leave, which the person employed shall be entitled to, shall be in accordance with such award, agreement or contract of service but leave shall be regulated in accordance with the aforesaid provisions with respect of matters not provided for in such award, agreement, or contract of service: Provided further that where the Central Government is satisfied that the leave rules applicable to persons employed in any mine provide benefits which in its opinion are not less favourable than those stated above it may, by order in writing and subject to such conditions as may be specified therein exempt the mine from all or any of the aforesaid provisions.
An employer of an establishment should:
maintain register in prescribed form, electronically or otherwise, containing such particulars of workers as may be prescribed by the appropriate Government including,
work performed by them;
number of hours of work constituting normal working hours in a day;
day of rest allowed in every period of seven days;
wage paid and receipts given therefor;
leave, leave wages, overtime work, attendance, and dangerous occurrences; and
employment of adolescent;
display notices at the work place of the workers in such manner and form as may be prescribed by the appropriate Government;
issue wage slips to the workers, in electronic forms or otherwise; and
file such return electronically or otherwise to the Inspector-cum-Facilitator in such manner and during such periods as may be prescribed by the appropriate Government.
The appropriate Government may appoint Inspector-cum-Facilitators who shall exercise the powers conferred on them throughout their respective jurisdiction and apart from other duties to be discharged by them, may conduct web-based inspection and calling of information under this Code, electronically as specified.
Women shall be entitled to be employed in all establishments for all types of work under this Code and they may also be employed, with their consent before 6 a.m. and beyond 7 p.m. subject to such conditions relating to safety, holidays and working hours or any other condition to be observed by the employer as may be prescribed by the appropriate Government.
Where the appropriate Government considers that the employment of women is dangerous for their health and safety, in an establishment or class of establishments or in any particular hazardous or dangerous processes in such establishment or class of establishments, due to the operation carried out therein, such Government may in the prescribed manner, require the employer to provide adequate safeguards prior to the employment of women for such operation.
These provisions apply to:
These provisions do not apply to the establishment in which work only of an intermittent or casual nature is performed: Provided that if a question arises as to whether work performed in an establishment is of an intermittent or casual nature, the appropriate Government shall decide that question after consultation with the National Board or a State Advisory Board and its decision thereon shall be final.
Explanation: Work performed in an establishment shall not be deemed to be of an intermittent nature:
No contractor to whom these provisions apply shall supply or engage contract labour in any establishment; or undertake or execute the work through contract labour, except under and in accordance with a licence issued to him by the authority. Where the contractor does not fulfil the requisite qualifications or criteria the authority may issue work specific licence electronically renewable within such period as may be prescribed by the Central Government to supply or engage the contract labour, or execute the work through contract labour, only for the concerned work order as may be specified in such licence and subject to such conditions as may be specified in such licence.
The contractor shall not charge directly or indirectly, in whole or in part, any fee or commission from the contract labour.
The Code prohibits, employment of contract labour in core activities of any establishment except where the principal employer may engage contract labour through a contractor to any core activity, if:
If a question arises as to whether any activity of an establishment is a core activity or otherwise, the aggrieved party may make an application in such form and manner as may be prescribed, to the appropriate Government for decision; the appropriate Government may refer any such question suo motu or refer the application to the designated authority, which on the basis of relevant material in its possession, or after making such an enquiry as it deems fit, shall report to the appropriate Government, within such period and thereafter the appropriate Government shall decide the question within such period as may be prescribed.
These provisions apply to every establishment in which ten or more inter-State migrant workers are employed or were employed on any day of the preceding twelve months.
It shall be the duty of every contractor or the employer, of an establishment employing inter-State migrant workers in connection with the work of that establishment:
The employer shall pay to every inter-State migrant worker employed in his establishment, in a year a lump sum amount of fare for to and fro journey to his native place from the place of his employment, in the manner taking into account the minimum service for entitlement, periodicity and class of travel and such other matters as may be prescribed by the appropriate Government.
The appropriate Government shall make schemes to provide:
No person shall be employed as an audio-visual worker in or in connection with production of any audio-visual programme unless,
an agreement in writing is entered into
with such person by the producer of such audio-visual programme; or
with such person by the producer of such audio-visual programme with the contractor, where such person is employed through such contractor; or
with such person by the contractor or other person through whom such person is employed; and
such agreement is registered with the competent authority, to be notified by the appropriate Government, by the producer of such audio-visual programme.
Every such agreement shall,
A copy of such agreement with respect to the employment of the audio-visual worker shall, if such audio-visual worker is covered under the provision of an enactment for the time being in force for providing the benefit of provident fund to him, also be forwarded by the producer of the audio-visual programme to such authority as may be prescribed by the appropriate Government.
The agreement shall include,—
Every mine shall be under a sole manager who shall have such qualifications as may be prescribed by the Central Government and the owner or agent of every mine shall appoint a person having such qualifications to be the manager: Provided that the owner or agent may appoint himself as manager if he possesses the prescribed qualifications.
Subject to any instructions given to him by or on behalf of the owner or agent of the mine, the manager shall be responsible for the overall management, control, supervision, and direction of the mine and all such instructions when given by the owner or agent shall be confirmed in writing forthwith.
Except in case of an emergency, the owner or agent of a mine or anyone on his behalf shall not give, otherwise than through the manager, instructions affecting the fulfilment of his statutory duties, to a person, employed in a mine, who is responsible to the manager.
The provisions of this Code, except those contained in sections 35, 38, 40, 41 and 44, shall not apply to:
In case of an emergency involving serious risk to the safety of the mine or of persons employed therein, or in case of an accident, whether actual or apprehended, or in case of any act of God or in case of any urgent work to be done to machinery, plant or equipment of the mine as a result of breakdown of such machinery plant or equipment, the manager may, subject to the provisions of the Code as may be necessary to protect the safety of the mine or of the persons employed therein: Provided that in case of any urgent work to be done to machinery, plant or equipment under this section, the manager may take the action permitted by this section, although the production of mineral would thereby be incidentally affected, but any action so taken shall not exceed the limits necessary for the purpose of avoiding serious interference with the ordinary working of the mine.
No person below eighteen years of age shall be allowed to work in any mine or part thereof. The apprentices and other trainees, not below sixteen years of age, may be allowed to work, under proper supervision, in a mine or part thereof by the manager: Provided that in the case of trainees, other than apprentices, prior approval of the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator shall be obtained before they are allowed to work.
The Central Government may prescribe the provisions for medical examination of apprentice, other trainee, and employee in the mine to ensure their fitness to work and to prevent the persons below sixteen years of age to work as apprentice or trainee and those who are not adults to work as such employee.
No employer shall use or allow to use any place or premises as an industrial premises unless he holds a valid licence issued under this Code for the purposes of these provisions, and no such premises shall be used except in accordance with the terms and conditions of such licence.
Subject to the provisions of section 119, any person who intends to use or allows to use any place or premises shall make an application to the authority in prescribed manner, for a licence to use, or allow to use, such premises as an industrial premises. Such application shall specify the maximum number of employees proposed to be employed at any time of the day in the place or premises and shall be accompanied by a plan of the place or premises prepared. The authority, in deciding whether to grant or refuse to grant a licence, have regard to:
A licence granted shall be valid for five years and may be renewed thereafter. An application for the renewal of a licence for the purposes of these provisions shall be made at least thirty days before the expiry of the period thereof, on payment of such fees as may be prescribed by the State Government, and where such an application has been made, the licence shall be deemed to continue, notwithstanding the expiry of the period thereof, until the renewal of the licence, or, as the case may be, the rejection of the application for the renewal thereof: Provided that the authority shall not grant or renew a licence unless it is satisfied that the provisions of this Part and the rules made thereunder have been complied with.
Nothing contained in this Part shall apply to the owner or occupier of a private dwelling house, not being an employee of an employer to whom this Part applies, who carries on any manufacturing process in such private dwelling house with the assistance of the members of his family living with him in such dwelling house and dependent on him.
Family does not include child, as defined in the Child and Adolescent (Prohibition and Regulation) Act, 1986, for this section; Private dwelling house means a house in which persons engaged in the manufacture of beedi or cigar or both reside.
No person, about whom the employer knows or has reasons to believe that he is a deaf or he has a defective vision, or he has a tendency to giddiness, shall be required or allowed to work in any such operation of building or other construction work which is likely to involve a risk of any accident either to the building worker himself or to any other person.
The appropriate Government may make rules in respect of factory or class or description of factories for:
If on an application for permission accompanied by the plans and specifications required by the rules, sent to the State Government or Chief Inspector-cum-Facilitator in the electronic mode, no order is communicated to the applicant within such period not exceeding thirty days, the permission applied for in the said application shall be deemed to have been granted.
Where a State Government or a Chief Inspector-cum-Facilitator refuses to grant permission to the site, construction or extension of a factory and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to the State Government in any other case.
Explanation: A factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery or within such limits as may be prescribed, of the addition of any plant or machinery if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes injurious to health.
Where any premises or separate buildings are leased to different occupiers for use as separate factories, the owner of the premises and occupiers of the factories utilising such common facilities which include safety and fire prevention and protection,access, hygiene, occupational health, ventilation, temperature, emergency preparedness and response, canteens, shelter, rest rooms and crèches shall jointly and severally be responsible for provision and maintenance of such common facilities and services as may be prescribed by the appropriate Government.
The appropriate Government may by rules make the provisions relating to any factory or class or description of factories in which manufacturing process or operation is carried on which exposes any of the persons employed in it to a serious risk of bodily injury, poisoning or disease, for:
The occupier of every factory involving a hazardous process shall disclose in the manner prescribed by the State Government all information regarding dangers, including health hazards and the measures to overcome such hazards arising from the exposure to or handling of the materials or substances in the manufacture, transportation, storage and other processes, to the workers employed in the factory, the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, the local authority within whose jurisdiction the factory is situate and the general public in the vicinity.
The occupier shall, at the time of registering the factory involving a hazardous process, lay down a detailed policy with respect to the health and safety of the workers employed therein and intimate such policy to the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator and the local authority and, thereafter, at such intervals as may be prescribed by the State Government, inform the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator and the local authority of any change made in the said policy.
The information furnished shall include accurate information as to the quantity, specifications and other characteristics of wastes and the manner of their disposal.
Every occupier shall, with the approval of the Chief Inspector-cum-Facilitator, draw up an on-site emergency plan and detailed disaster control measures for his factory and make known to the workers employed therein and to the general public living in the vicinity of the factory the safety measures required to be taken in the event of an accident taking place.
Every occupier of a factory shall, if such factory proposes to engage in a hazardous process at any time after the commencement of this Code, within a period of thirty days before the commencement of such process, inform the Chief Inspector-cum-Facilitator about the nature and details of the process in such form and in such manner as may be prescribed by the State Government. Where any occupier of a factory contravenes this provision the licence issued to such factory shall, notwithstanding any penalty to which the occupier of factory shall be subjected to under the provisions of this Code, be liable for cancellation.
The occupier of a factory involving a hazardous process shall, with the previous approval of the Chief Inspector-cum-Facilitator, lay down measures for the handling, usage, transportation, and storage of hazardous substances inside the factory premises and the disposal of such substances outside the factory premises and publicise them in the manner prescribed by the State Government among the workers and the general public living in the vicinity.
Every occupier of a factory involving any hazardous process should:
The State Government may prescribe requiring every employer to make provisions in his plantation for:
An employer of a plantation shall be responsible to provide and maintain welfare facilities for which the workers in the plantation are entitled under this Code either from his own resources or through the schemes of the Central Government or State Government, Municipality or Panchayat for the locality in which the plantation is situated.
In every plantation, arrangement shall be made by the employer to provide for the safety of a worker in connection with the use, handling, storage and transport of insecticides, pesticides and chemicals and toxic substances.
The State Government may prescribe for special safeguards for employment of women or adolescents in using or handling hazardous chemicals.
The employer of a plantation shall appoint persons possessing the prescribed qualifications to supervise the use, handling, storage and transportation of insecticides, chemicals, and toxic substances in his plantation.
Every employer of a plantation shall ensure that every worker in plantation employed for handling, mixing, blending, and applying insecticides, chemicals, and toxic substances, is trained about the hazards involved in different operations in which he is engaged, the various safety measures and safe work practices to be adopted in emergencies arising from spillage of such insecticides, chemicals and toxic substances and such other matters as may be prescribed by the State Government.
Every worker in a plantation who is exposed to insecticides, pesticides, chemicals, and toxic substances shall be medically examined periodically, in such manner as may be prescribed by the State Government.
Every employer of a plantation shall maintain health record of every worker in plantation who is exposed to insecticides, pesticides, chemicals, and toxic substances which are used, handled, stored, or transported in a plantation, and every such worker shall have access to such record.
Every employer of a plantation shall provide washing, bathing, and clock room facilities; and protective clothing and equipment, to every worker engaged in the handling insecticides, pesticides, chemicals, and toxic substances in such manner as may be prescribed by the State Government.
Every employer of a plantation shall display in the plantation, a list of permissible concentrations of insecticides, pesticides, chemicals, and toxic substances in the breathing zone of the workers engaged in the handling and application of insecticides, pesticides, chemicals, and toxic substances in the plantation.
Every employer of a plantation shall exhibit such precautionary notices in the plantation as may be prescribed by the State Government indicating the hazards of insecticides, pesticides, chemicals, and toxic substances.
Any establishment, if contravenes the provisions of this Code or regulations or rules, or bye-laws or any of standards, made thereunder or of any order in writing given under this Code or such regulations or rules or bye-laws or standards, the employer or the principal employer of the establishment, as the case may be, shall be liable to penalty which shall not be less than two lakhs rupees but which may extend up to three lakh rupees, and if the contravention is continued after the conviction, then, with further penalty which may extend to two thousand rupees for each day till such contravention continues.
Any person, who is required under this Code or the rules or regulations or bye-laws or order made thereunder, to maintain any register or other document or to file returns, omits or fails to maintain such register or document or to file such returns; or produce any register or plan or record or report or any other document, omits or fails to produce such register or plan or record or report or such other document, he shall be liable to penalty which shall not be less than fifty thousand rupees, but which may extend to one lakh rupees. Where any person convicted of an offence punishable as mentioned here, if is again convicted of an offence under the same provision, then, he shall be liable to penalty which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees.
Any person, who, save as permitted by or under this Code, contravenes, any provision of this Code or of any rule, regulation, or bye-laws; or order made under this Code prohibiting, restricting, or regulating the employment of workers including women, audio-visual worker and contract labour and employee below eighteen years of age in case of mines he shall be liable to penalty which shall not be less than fifty thousand rupees, but which may extend to one lakh rupees. Where any person convicted of an offence punishable as mentioned here, if is again convicted of an offence under the same provision, then, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two lakh rupees, or with both.
Where any person convicted of an offence punishable as mentioned here, if is again convicted of an offence under the same provision, then, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which shall not be less than one lakh rupees, but which may extend to two lakh rupees, or with both.
Any person who, without reasonable excuse the burden of proving which shall lies upon him, omits to make, or furnish in the prescribed form or manner or at, or within, the prescribed time any plan, section, return, notice, register, record, or report required by or under any provision of this Code to be made or furnished, he shall be liable to penalty which shall not be less than one lakh rupees, but which may extend to two lakh rupees.
Whoever being the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, or any other person referred to in section 39 or section 121 discloses, contrary to the provisions of that section, any such information as is referred to in that section without the consent of the appropriate Government, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one lakh rupees,or with both.
Whoever, except in so far as it may be necessary for the purposes of a prosecution for any offence punishable under this Code, publishes or discloses to any person the results of an analysis, of a sample of substance used or intended to be used in any process under this Code, shall be punishable with imprisonment for a term, which may extend to six months, or with fine, which may extend to fifty thousand rupees, or with both.
Whoever fails to comply with or contravenes any of his duties specified under section 6(1) or (2) (a) to (h) or section 13 (d) in so far as such duty relates to hazardous processes; or section 80, shall, in respect of such failure or contravention, be punishable with an imprisonment for a term which may extend to two years and with fine which may extend to five lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to twenty-five thousand rupees for every day during which such failure or contravention continues, after the conviction for the first such failure or contravention. If the failure or contravention referred here continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to three years or with a fine of twenty lakh rupees, or with both.
If a person fails to comply with or contravenes any duties under this Code or the regulations, rules, bye-laws or orders made thereunder and such non-compliance or contravention has resulted in an accident or dangerous occurrences causing:
He shall be punishable with imprisonment for a term which may extend to one year, or with a fine which shall not be less than two lakh rupees but not exceeding four lakh rupees, or with both: Provided that while imposing the fine under this section, the court may direct that a portion of the fine, which shall not be less than fifty per cent. thereof, shall be given as compensation to the victim or to the legal heirs of the victim, in the case of his death. Where a person having been convicted as mentioned here, if is again convicted, shall be punishable with double the punishment provided under that sub-section for first conviction.
Whoever continues to work in contravention of any general or special order issued under the provisions of section 38, shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine which may extend to five lakh rupees: Provided that the court shall not impose a fine under this section which shall be less than two lakh rupees without recording in the judgment the reasons for imposing such fine.
Whoever in compliance of the provisions of section 67, fails to appoint a manager shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one lakh rupees, or with both.
Subject to the provisions of section 13, except clause (d) thereof, if any employee employed in a workplace contravenes any provision of this Code or any rules or orders made thereunder, imposing any duty or liability on employee, he shall be punishable with penalty which may extend to ten thousand rupees. Where an employee is convicted of an offence punishable as mentioned here the employer of the establishment shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention.
There shall be established by the appropriate Government a social security fund for the welfare of the unorganised workers to which there shall be credited the amount received from composition of the offence and the amount of the penalty. The fund may also be funded by such other sources as may be prescribed by the appropriate Government. The fund shall be administered and expended for welfare of the unorganised workers in such manner as may be prescribed by the appropriate Government including the transfer of the amount in the fund to any fund established under any other law for the time being in force for the welfare of the unorganised workers.
Explanation: Unorganised worker shall have the same meaning as is assigned to it under clause (m) of section 2 of the Unorganised Workers Social Security Act, 2008
The provisions of this Code shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the terms of any award, agreement or contract of service whether made before or after the commencement of this Code: Provided that where under any such award, agreement, contract of service or otherwise an employee is entitled to benefits in respect of any matters which are more favourable to him than those to which he will be entitled to under this Code, the employee shall continue to get the former notwithstanding that he receives benefits in respect of other matters under this Code.
Nothing contained in this Code shall be construed as precluding any employee from entering into an agreement with an employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Code.
The Draft of Occupational Safety, Health and Working Conditions (Central) Rules, 2020, when comes into force shall subsume:
Core activity of an establishment means any activity for which the establishment is set up and includes any activity which is essential or necessary to such activity: Provided that the following shall not be considered as essential or necessary activity, if the establishment is not set up for such activity, namely:
Provided that notwithstanding anything contained in this clause, in case of a mine a person is said to be employed in a mine who works as the manager or who works under appointment by the owner, agent or manager of the mine or with the knowledge of the manager, whether for wages or not:
Employer means a person who employs, whether directly or through any person, or on his behalf, or on behalf of any person, one or more employees in his establishment and where the establishment is carried on by any Department of the Central Government or the State Government, the authority specified, by the head of such Department, in this behalf or where no authority, is so specified, the head of the Department and in relation to an establishment carried on by a local authority, the Chief Executive of that authority, and includesL
Provided that in sub-clauses (i) and (ii), the threshold of worker specified therein shall not be applicable in case of such establishment or class of establishments, in which such hazardous or life threatening activity is being carried on, as may be notified by the Central Government:
Provided further that notwithstanding any threshold provided in the definition of factory in clause (w), for the purposes of Chapter II, the establishment specified in sub-clause (i) or sub-clause (ii) or sub-clause (iii) shall be deemed to be the establishment within the meaning of this clause though the number of employees employed are ten or more;
Factory means any premises including the precincts thereof:
Provided that where under any law for the time being in force in a State immediately before the commencement of this Code, the number of workers specified is more or less than the number specified above, then, the number specified under the law of the State shall prevail in that State till it is amended by the competent Legislature.
Explanation I For computing the number of workers for the purposes of this clause all the workers (in different groups and relays) in a day shall be taken into account.
Explanation II For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed as factory if no manufacturing process is being carried on in such premises or part thereof;
Family, when used in relation to a worker, means:
Explanation - For the purposes of this clause, such dependents shall not be included who are, for the time being, getting such income from such sources, as may be prescribed by the appropriate Government;
Hazardous means involving danger or potential danger;
Hazardous process means any process or activity in relation to an industry or plantation specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, hazardous substances, wastes or effluents thereof or spraying of any pesticides, insecticides or chemicals used therein, as the case may be, would—(i) cause material impairment to the health of the persons engaged in or connected therewith, or (ii) result in the pollution of the general environment;
Hazardous substance means any substance, or such quantity of the substance as may be prescribed by the appropriate Government or preparation of which by reason of its chemical or physio-chemical properties or handling is liable to cause physical or health hazards to human being or may cause harm to other living creatures, plants, micro-organisms, property, or the environment;
Industrial premises means any place or premises (not being a private dwelling house), including the precincts thereof, in which or in any part of which any industry, trade, business, occupation or manufacturing is being ordinarily carried on with or without the aid of power and includes a godown attached thereto;
Industry means any systematic activity carried on by co-operation between an employer and worker (whether such worker is employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,
but does not include:
Inter-State migrant worker means a person who is employed in an establishment and who:
Manufacturing process means any process for:
Motor transport worker means a person who is employed in a motor transport undertaking directly or through an agency, whether for wages or not, to work in a professional capacity on a transport vehicle or to attend the duties in connection with the arrival, departure, loading or unloading of such transport vehicle and includes a driver, conductor, cleaner, station staff, line checking staff, booking clerk, cash clerk, depot clerk, time-keeper, watchman or attendant,
but does not include any such person:
Occupier of a factory means the person who has ultimate control over the affairs of the factory:
Provided further that in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire, the owner of the dock shall be deemed to be the occupier for all purposes except the matters as may be prescribed by the Central Government which are directly related to the condition of ship for which the owner of ship shall be deemed to be the occupier;
Ordinarily employed with reference to any establishment or part thereof, means the average number of persons employed per day in the establishment or part thereof during the preceding calendar year obtained by dividing the number of man days worked by the number of working days excluding rest days and other non-working days;
Owner, in relation to a mine, means any person who is the immediate proprietor or lessee or occupier of the mine or of any part thereof and in case of a mine the business whereof is being carried on by a liquidator or receiver, such liquidator or receiver; but does not include a person who merely receives a royalty, rent or fine from the mine, or is merely the proprietor of the mine, subject to any lease grant or licence for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine; but any contractor or 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;
Principal employer, where the contract labour is employed or engaged, means:
Relay means a set of two or more persons carrying out the same kind of work during different periods of the day and each such period is called a shift;
Serious bodily injury means any injury which involves, or in all probability will involve, the permanent loss of any part or section of a body or the use of any part or section of a body, or the permanent loss of or injury to the sight or hearing or any permanent physical incapacity or the fracture of any bone or one or more joints or bones of any phalanges of hand or foot;
Wages means all remuneration whether by way of salaries, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes (i) basic pay; (ii) dearness allowance; and (iii) retaining allowance, if any, but does not include (a) any bonus payable under any law for the time being in force, which does not form part of the remuneration payable under the terms of employment; (b) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate Government; (c) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon; (d) any conveyance allowance or the value of any travelling concession; (e) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; (f) house rent allowance; (g) remuneration payable under any award or settlement between the parties or order of a court or Tribunal; (h) any overtime allowance; (i) any commission payable to the employee; (j) any gratuity payable on the termination of employment; (k) any retrenchment compensation or other retirement benefit payable to the employee or any ex gratia payment made to him on the termination of employment:
Provided that, for calculating the wages under this clause, if payments made by the employer to the employee under sub-clauses (a) to (i) exceeds one-half, or such other per cent. as may be notified by the Central Government, of all remuneration calculated under this clause, the amount which exceeds such one-half, or the per cent. so notified, shall be deemed as remuneration and shall be accordingly added in wages under this clause:
Provided further that for the purpose of equal wages to all genders and for the purpose of payment of wages, the emoluments specified in sub-clauses (d), (f), (g) and (h) shall be taken for computation of wages.
Explanation Where an employee is given in lieu of the whole or part of the wages payable to him, any remuneration in kind by his employer, the value of such remuneration in kind which does not exceed fifteen per cent. of the total wages payable to him, shall be deemed to form part of the wages of such employee; worker means any person employed in any establishment to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and includes working journalists and sales promotion employees, but does not include any such person— (i) who is subject to the Air Force Act, 1950, or the Army Act, 1950, or the Navy Act, 1957; or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who is employed in a supervisory capacity drawing wage exceeding eighteen thousand rupees per month or an amount as may be notified by the Central Government from time to time.