Occupational Safety, Health and Working Conditions Code, 2020 Enacted to Consolidate Labour Laws

An Act of Parliament, titled The Occupational Safety, Health and Working Conditions Code, 2020, received the assent of the President on September 28, 2020, and was subsequently published for general information on September 29, 2020. This comprehensive legislation was introduced to consolidate and amend the existing laws governing the occupational safety, health, and working conditions of individuals employed in various establishments across India. The Code will come into force on a date to be appointed by the Central Government through notification, with different dates potentially set for different provisions.

The new Code applies broadly to establishments employing ten or more workers, with specific thresholds for certain sectors such as factories, mines, motor transport undertakings, audio-visual productions, building and other construction work, and plantations. It mandates electronic registration for all applicable establishments within sixty days of the Code's applicability, with provisions for deemed registration if the registering officer fails to act within the prescribed period. Employers are now obligated to ensure a hazard-free workplace, comply with safety standards, provide annual health examinations, manage hazardous waste, and issue appointment letters to all employees. The legislation also outlines duties for designers, manufacturers, importers, and suppliers to ensure product safety, and for architects, project engineers, and designers to integrate safety aspects into construction projects. Reporting of accidents, dangerous occurrences, and occupational diseases is made mandatory. A significant aspect of the Code is the establishment of National and State Occupational Safety and Health Advisory Boards to guide policy and implementation. The legislation provided: “An Act to consolidate and amend the laws regulating the occupational safety, health and working conditions of the persons employed in an establishment and for matters connected therewith or incidental thereto.”

The legislative intent behind the Occupational Safety, Health and Working Conditions Code, 2020, was to streamline and modernize the fragmented statutory framework that previously governed these critical aspects of employment. Prior to this enactment, a multitude of central labour laws addressed specific sectors or types of workers, leading to complexities in compliance and enforcement. The Code aims to address these statutory gaps and limitations by bringing thirteen central labour laws under a single umbrella, including The Factories Act, 1948, The Mines Act, 1952, The Plantations Labour Act, 1951, The Contract Labour (Regulation and Abolition) Act, 1970, and The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, all of which stand repealed upon the Code's commencement. The Code introduces new rights and obligations, such as specific provisions for the welfare of inter-State migrant workers, including journey allowances and portability of public distribution system benefits, and formalizes conditions for audio-visual workers through mandatory written agreements. It also ensures the employment of women in all establishments, with safeguards for night work and dangerous operations. Enforcement mechanisms are strengthened through the appointment of "Inspector-cum-Facilitators" who are tasked with both inspection and guidance, and a system of third-party audits. Penalties for contraventions are clearly defined, and a Social Security Fund for unorganised workers is established, funded partly by penalties and composition amounts. The Code also allows for a common licensing system for various establishments, simplifying administrative processes.

Keywords: Occupational Safety, Health, Working Conditions, Labour Code, India, Factories, Mines, Plantations, Contract Labour, Migrant Workers, Audio-Visual Workers, Beedi Workers, Construction Workers, Labour Law Reform

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