Bill Summary
The Occupational Safety, Health and Working Conditions
Code, 2020
▪ The Occupational Safety, Health and Working ▪ Work hours: No worker will be required or allowed
Conditions Code, 2020 was introduced in Lok Sabha to work in any establishment for more than eight hours
by the Minister of Labour and Employment, Mr. in a day. For overtime work, workers must be paid at
Santosh Kumar Gangwar, on September 19, 2020. The twice the rate of daily wages. Prior consent of workers
Code consolidates 13 existing Acts regulating health, is required for overtime work. Women can work past 7
safety, and working conditions. These include the pm and before 6 am, subject to any safety-related or
Factories Act, 1948, the Mines Act, 1952, and the other conditions prescribed by the government.
Contract Labour (Regulation and Abolition) Act, 1970.
▪ Leave: Workers cannot be required to work for more
▪ Coverage: The Code will apply to establishments than six days a week. Further, they must receive one
employing at least 10 workers. It will apply to all day of leave for every 20 days of work per year.
mines, docks, and establishments carrying out any
▪ Working conditions: Working conditions will be
hazardous or life-threatening activity (may be notified
notified by the central government. Conditions may
by the central government). Certain provisions of the
include hygienic work environment, clean drinking
Code, such as health and working conditions, apply to
water, toilets, ventilation, and adequate lighting.
all employees. Employees include workers and all
other persons earning wages for any work, including ▪ Welfare facilities: Welfare facilities such as canteens,
managerial, administrative, or supervisory work. first aid boxes, and crèches, may be provided as per
standards notified by the central government.
▪ Exemptions: The appropriate government can exempt
Additional facilities may be specified for factories,
any workplace or activity from the Code in case of a
mines, docks, and building and construction works,
public emergency, disaster, or pandemic for up to a
such as welfare officers and temporary housing.
year. Further, the state government can exempt new
factories from the Code for the specified period for ▪ The Code includes three schedules containing lists of:
creating more economic activity and employment. (i) 29 diseases that the employer is required to notify
the authorities of, in case a worker contracts them, (ii)
▪ Registration and license: Establishments covered by
73 safety matters that the government may regulate,
the Code are required to register within 60 days (of the
and (iii) 40 industries involving hazardous processes.
commencement of the Code) with registering officers,
The lists may be amended by the central government.
appointed by the central or state government. Factories
may be required to obtain a license to operate. The ▪ Inspectors: The government can appoint inspector-
Code requires those hiring workers such as beedi and cum-facilitators to conduct inspections and inquire into
cigar workers and contract labourers to obtain licenses. accidents. They have certain additional powers in case
of factories, mines, docks, and building and
▪ Duties of employers: Duties of employers include: (i)
construction works, including: (i) reducing the number
providing a workplace that is free from hazards, (ii)
of employees working in sections of the establishment,
providing free annual health examinations in notified
and (ii) prohibiting work in dangerous situations.
establishments, and (iii) informing relevant authorities
in case any accident at the workplace leads to death or ▪ Advisory boards: The central and state governments
serious bodily injury to any employee. Additional will set up Occupational Safety and Health Advisory
duties are prescribed for employers in factories, mines, Boards at the national and state level. These Boards
docks, plantations, and building and construction work, will advise the respective government on the standards,
including provision of a risk-free work environment, rules, and regulations to be framed under the Code.
and instructing employees on safety protocols.
▪ Safety committees: The government may require
▪ Rights and duties of employees: Duties include certain establishments to constitute safety committees
taking care of their own health and safety, complying in case of a certain class of workers. The committees
with safety and health standards, and reporting unsafe will be composed of representatives of the employer
work incidents to the Inspector. Employees also have and workers and will function as a liaison between
certain rights including the right to obtain information them. The number of representatives of workers in the
on safety and health standards from the employer. committee must not be less than that of the employer.
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Suyash Tiwari
September 22, 2020
suyash@[Link]
PRS Legislative Research ◼ Institute for Policy Research Studies
3rd Floor, Gandharva Mahavidyalaya ◼ 212, Deen Dayal Upadhyaya Marg ◼ New Delhi – 110002
Tel: (011) 43434035 ◼ [Link]
