The Occupational Safety, Health and Working Conditions Code, 2019

1. The Occupational Safety, Health and
Working Conditions Code, 2019

2. Background
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Second National Commission on Labour
Report on OSH and WC of workers,
2002
Task Force on 4 Labour Codes
Wages
Social Security
Industrial Relations
OSH and WC
in June
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3. Objectivesand purpose
• To consolidate essential features of 13 labour laws relating to
Factories, Mines, Ports and Docks, Construction,
Plantation, Contract Labour, Inter-State Migrant workers,
Working Journalists, Motor Transport workers,
Sales Promotion employees, Beedi & Cigar workers,
Cine workers, Cinema theatre workers.
Broader legislative framework for
# securing and human conditions with flexibility
# providing enabling provisions for making rules,
regulations, standards
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4. Applicability
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To all establishments
Including Mines in territorial waters, exclusive eco.
zones, continental shelf etc
Not to establishments Beedi and Cigar; Plantation in JK
Not to offices of Govt., and ship of war
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5. Structure/ arrangements of provisions
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13 chapters
134 clauses
3 Schedules
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The First Schedule : List of industries – Hazardous Process
The Second Schedule : List of matters for OSH standards
The Third Schedule : List of notifiable diseases

6. Establishment : Clause 2(u)
(i) a place where any industry, trade, business,
manufacture or occupation is carried on in which ten or
more workers are employed; or
(ii) a factory, motor transport undertaking, newspaper
establishment, audio-video production, building and other
construction work or plantation, in which ten or more
workers are employed; or
(iii) a mine or dock work;

7. Appropriate Govt. : Clause 2(d)
in relation to an establishment carried on by or under the
authority of the Central Government or the establishment
of, railways, mines, oil field, major ports, air transport
service, telecommunication, banking and insurance
company or a corporation or other authority established
by a Central Act or a central public sector undertaking or
subsidiary companies set up by the central public sector
undertakings or autonomous bodies owned or controlled
by the Central Government, including establishment of
contractors for the purposes of such establishment,
corporation or other authority, central public sector
undertakings, subsidiary companies or autonomous
bodies, as the case may be, the Central Government;

8. Appropriate Government : Clause 2(d)
in relation to any factory, motor transport undertaking,
plantation, newspaper establishment and establishment relating
to beedi and cigar including the establishments not specified
in clause (i),the State Government of a State
in which it or, as the case may be, they are situated;

9. Employer : Clause 2(t)
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 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,

10. Employer (contd)
(i) in relation to an establishment which is a factory, the
occupier of the factory;
(ii) in relation to mine, the owner of the mine or agent or
manager referred to in section 64;
(iii) in relation to any other establishment, the person who,
or the authority which has ultimate control over the affairs
of the establishment and where said affairs are entrusted
to a manager or managing director, such manager or
managing director; and
(iv) contractor; and
(v) legal representative of a deceased employer;

11. Employee : Clause 2(s)
(i) in respect of an establishment, a person (other than an
apprentice engaged under the Apprentices Act, 1961) employed
on wages by an establishment to do any skilled, semi-skilled,
unskilled, manual, operational, supervisory,
managerial, administrative, technical or clerical work for
hire or reward, whether the terms of employment be
express or implied; and
(ii) a person declared to be an employee by the
appropriate Government

12. Important Provisions
• Registration of establishment by every employer with
Registering Officer (clause 3)
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Duties
Duties
Duties
Duties
Notice
of
of
of
of
of
employer (clause 6)
designers, manufacturers, suppliers etc. (clause 8)
architects, project engineers etc. (clause 9) employees
(clause 13)
certain accidents (clause 10)
dangerous occurrences (clause 11)
diseases : The Third Schedule (clause 12)
Notice of certain
Notice of certain
Rights of employees (clause 14)

13. Occupational Safety and Health
• Constitution of National OSH Advisory Board (NB) (clause 16)
Advise CG on matters relating to
Standards, Rules and Regulations framing
Implementation
Issues of policy and programmes
• State OSH Advisory Board (SB) (clause 17)
Advise SG on matters relating to administration of code

14. Occupational Safety and Health
• Declaration of OSH standards by CG relating to factories,
mines, dock work, building and other construction work and
other establishments. (clause 18)
Standards relating to physical, chemical, biological and any
other hazards
Norms for (a) appraising of hazards to employees (b)
symptoms and appropriate energy treatment and proper
conditions and precautions of safe use or exposure (c)
monitoring and measuring exposure (d) medical examination
and other tests (e) hazard evaluation procedures and (f)
matters specified in the Second Schedule (73 items)
SG may amend the Standards with prior approval of CG
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15. Occupational Safety and Health
• Appropriate Govt. may require any establishments to
constitute safety committee consisting of representatives of
employer and employees (clause 22)
• Appointment of safety officer (clause 22)
• In every establishments relating to factory or construction
work, if 500 or more workers employed
In mines if 100 or more workers employed
As prescribed by appropriate government
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16. Health and Working Conditions
• Employer to maintain health and working conditions as
prescribed by the Central Govt. (clause 23)
Matters relating to, (i) cleanliness and hygiene; (ii)
ventilation, temperature and humidity;
(iii) environment free from dust, noxious gas, fumes and
other impurities; (iv) standard of humidification,
(v) potable drinking water; (vi) standards to prevent
overcrowding (vii) lighting; (viii) arrangement for latrine and
urinal(ix) arrangements for treatment of wastes and effluents
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17. Welfare, hours of work, annual leave etc.
• Welfare facilities (clause 24)
as prescribed by the central Govt
Hours of work (clause 25)
Weekly holiday (clause 26)
Overtime (clause 27)
Annual leave with wages (clause 32)
Maintenance of registers/records, filing of returns (clause
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• 33)

18. Enforcement : Authorities
• Appropriate govt. to appoint Inspector-cum-facilitator (ICF)
and Chief Inspector-cum-facilitator and others. (clause 34(1))
ICF to conduct inspection including web-based inspection in
addition to the duties under the code (clause 34(2))
Powers of Inspector-cum-facilitator (clause 35) Special
power to prohibit employment in dangerous
conditions in respect of factories, construction work
(clause 38(1)A)
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19. Enforcement : Third Party (clause 37)
Appropriate Government may, empanel experts, and
authorise the employers of such start up establishments and
class of other establishments to choose any of such experts
as specified in the notification for third party
certification of establishments; who shall perform such duties
and hold such responsibilities as may be prescribed and
submit their reports to the concerned employer and Inspector-
cum-Facilitator separately for the purpose of ensuring
compliance of the provisions of this Code.

20. Enforcement : Medical Officer (clause 42)
• Appropriate Government may appoint medical
practitioners as Medical Officer in relation to factory,
mines, plantation, motor transport undertakings and any
other establishment
Duties of Medical Officer•
• Certification of workers in dangerous operations/processes in
mines, factories or any other establishment
medical supervision for any factory, mines, plantation, motor
transport undertaking and other establishment
examination and certification of adolescent for fitness for
employment in factory, plantation, motor transport
undertakings and any other establishment
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21. Special Provisions : Chapter X
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Employment of Women (clause 42 and 43)
Contract labour and Inter-state migrant workers
(clause 45-62)
Audio-visual workers (clause 63)
Mines (clause 64-68)
Beedi and Cigar workers (clause 69-72)
Building and other construction workers (clause 73)
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22. Special Provisions : Factories
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Approval of Plans (clause 74(1)(a)))
Construction and extension (clause 74(1)(b))
Registration and license (clause 74(1)(c))
Liability of owner of certain premises (clause 75)
Power to apply code to any place – manu. (clause 76)
Dangerous operations (clause 77)
Hazardous process (clause 78-84)
Power to make exempting rules/orders with regards to
application of provisions of code (clause 86)

23. Offencesand Penalties
• General penalty (clause 87)
Employer liable for penalty not less than Rs 2 lacs
extendable up to Rs 3 lacs. Rs 2000 per day
Person liable for penalty not less than Rs 50,000 for
contravention related to registers, records, returns etc.
extendable up to Rs 1 lacs. And Rs 5000 per day (clause
89)
Failure in duties in relation to hazardous process, person
punishable with an imprisonment up to 2 years and/or fines
up to Rs 5 lacs. Rs 25,000 per day (clause 95)
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24. Offencesand Penalties
• Contravention of safety and health provisions leading to
any accident (clause 96)
(a) causing death-person punishable with imprisonment
up to 2 years and/or fine not less than Rs 5 lacs
(b) causing serious bodily injury- imprisonment up to
one year and/or fine not less than Rs 2 lacs, not
exceeding Rs 4 lacs.
• Court may order not less than 50% of fine as
compensation to victim (clause 96 proviso)

25. Offencesand Penalties
• In case offence is committed by company, every person
responsible as well as company, liable. If offence attributable
to neglect on part of any officer, such officer liable (clause
102)
Central Govt may appoint any officer to enquire and
impose penalty (clause 104)
Compounding (not imprisonment) (clause 107)
On application by accused, before/after enquiry
Maximum 50% of fine prescribed
Appropriate Govt to decide the manner
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26. Miscellaneous provisions
• Common licence in respect of factories for employing
contract labour; and industrial premises for beedi and cigar
work (clause 111)
Power of appropriate government to make rules in matters
such as prescribing substance as hazardous; notice of accident,
dangerous occurrence, certain disease; duties of employees;
safety committee; safety officer; experts; appointment of IcF;
Medical officer; licencing procedure; manner of inspection etc:
total 48 items
(clause 125)
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27. Miscellaneous provisions
• Power of central government to make rules in matters
such as National Board; health and working conditions;
welfare provisions; hours of work; grant of common
licence : total 26 items (clause 126)
Power of state government to make rules in matters such as
State Board; factory licence; hazardous process - disclosure of
information, health records, medical examination, supervision;
permissible limits of exposure: total 21 items (clause 127(2))
Central Govt. in consultation with States- Rules in respect of
OSH and such other matter (clause 127(3))
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28. Repealing
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13 Labour Laws shall stand repealed
anything done or any action taken under the
enactments so repealed shall be deemed to
have been done or taken under the
corresponding provisions of this Code and
shall be in force to the extent they are not
contrary to the provisions of this Code till they
are repealed by the Central Government

29. 1. The Factories Act, 1948;
2. The Mines Act, 1952;
3. The Dock Workers (Safety, Health and Welfare)Act, 1986;
4. The Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996;
6. The Contract Labour (Regulation and Abolition)Act, 1970;
Conditions of Service) Act, 1979;
8. The WorkingJournalist and other NewsPaper Employees (Conditions
of Serviceand Miscellaneous Provision)Act, 1955;
9. The Working Journalist (Fixation of rates of wages) Act, 1958;
10. The Motor Transport Workers Act, 1961;
11. The Sales Promotion Employees (Conditions of Service) Act, 1976;
12. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966;
13. The Cine Workers and Cinema Theatre Workers Act, 1981. 29
5. The Plantations Labour Act, 1951;
7. The Inter-State Migrant workmen (Regulation of Employment and

30. Summaryand conclusion
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Applicable to all establishments
Certain common requirements to all
Special provisions in respect of contract labour,
construction workers, audio-visual workers, beedi and
cigar workers, mines and factories
Experts to supplement enforcement
Compounding of offences
Compensation to victim from fine amount
Common licence in certain cases
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