File Name: occupational health and safety act in india .zip
The Occupational Safety, Health And Working Conditions Code, is a code to consolidate and amend the laws regulating the Occupational safety and health and working conditions of the persons employed in an establishment. From Wikipedia, the free encyclopedia. Act of Indian Parliament. Long title.
Highlights of the Bill. Key Issues and Analysis. In India, labour falls under the Concurrent List of the Constitution. Therefore, both Parliament and state legislatures can make laws regulating labour. Currently, there are over state and 40 central laws regulating various aspects of labour such as resolution of industrial disputes, working conditions, social security and wages.
To improve ease of compliance and ensure uniformity in labour laws, the National Commission recommended that existing labour laws should be consolidated into broader groups such as i industrial relations, ii wages, iii social security, iv safety, and v welfare and working conditions.
With regard to health, safety and working conditions, the Commission noted that there are several laws governing health and safety of workers. It recommended the consolidation of these laws into two codes; one universally applicable law to ensure safety at the workplace, and another law containing minimum standards of working conditions, work hours and leaves.
It recommended that sector-specific requirements e. Santosh Kumar Gangwar, on July 23, Following this, it was referred to the Standing Committee on Labour and Employment, on October 9, The Code seeks to regulate health and safety conditions of workers in establishments with 10 or more workers, and in all mines and docks. It subsumes and replaces 13 existing labour laws relating to safety, health and working conditions.
Key Features. The Code consolidates 13 Acts regulating health safety and working conditions. These laws cover factories, mines, dock workers, building and construction workers, plantation labour, contract labour, inter-state migrant workers, working journalists, motor transport workers, sales promotion employees, and cine workers.
The Annexure to this Brief compares the key provisions of the Code with the provisions of these Acts. Coverage, license and registration. Rights and duties of employees and employers.
Work hours and leave. Working conditions and welfare facilities. Relevant Authorities. Offences and Penalties. Rationale for some special provisions unclear. The Code replaces 13 laws regulating health, safety and working conditions of workers. The National Commission on Labour, recommended consolidation and simplification of these laws. We illustrate this below. The Code contains general provisions which apply to all establishments. These include provisions on registration, filing of returns, and duties of employers.
However, it also includes additional provisions that apply to specific type of workers such as those in factories and mines, or as audio-visual workers, journalists, sales promotion employees, contract labour and construction workers. It may be argued that special provisions on health and safety are required for certain categories of hazard-prone establishments such as factories and mines.
It may be necessary to allow only licensed establishments to operate factories and mines. Similarly, special provisions may be required for specific categories of vulnerable workers such as contract labour and migrant workers. However, the rationale for mandating special provisions for other workers is not clear. For example, the Code requires that any person suffering from deafness or giddiness may not be employed in construction activity which involve a risk of accident.
The question is why such a general safety requirement is not provided for all workers. Similarly, the Code provides for registration of employment contracts for audio-visual workers, raising the question of why there is a special treatment for this category.
Further, the Code specifies additional leave for sales promotion employees. It also specifies that working journalists cannot be made to work more than hours in four weeks i.
For all other workers covered under the Code, the minimum leave and maximum work hours is prescribed through rules. The rationale for differential treatment with regard to working conditions between working journalists and sales promotion employees on the one hand, and all other workers on the other hand, is unclear.
Note that, if any sector-specific provisions are needed, the Code empowers the government to notify them. Table 1 below sets out the general provisions in the Code applicable to all workers and the additional special provisions applicable to specific categories of workers and establishments under the Code.
Table 1: Comparison of the general provisions and special provisions in the Code. Duties of Employers. Dangerous operations. License and Registration. Work hours. Certain workers not covered under the Code. The Code covers establishments with 10 or more workers. It excludes establishments with less than 10 workers. This raises the question of whether workers in smaller establishments should be covered by health and safety laws.
It has been argued that application of labour laws based on the number of employees is desirable to reduce the compliance burden on infant industries and to promote their economic growth.
For instance, Rajasthan has increased the threshold of applicability of the Factories Act, , from 10 workers to 20 workers if power is used , and from 20 workers to 40 workers if power is not used. Note that a similar amendment was proposed in the Factories Amendment Bill, , which lapsed with the dissolution of the 16 th Lok Sabha.
On the other hand, it has also been argued that such low numeric thresholds may create adverse incentives for establishments sizes to remain small, in order to avoid complying with labour regulation. In the third law, it prescribed less stringent provisions for conditions such as welfare facilities in order to reduce the compliance burden on smaller establishments. Note that most countries do not exempt smaller enterprises from labour regulation entirely.
For example, record-keeping obligations for work-related accidents in the US only apply to establishments with at least 10 employees. In South Africa, only enterprises with 20 or more workers are required to designate a health and safety representative.
Civil Court barred from hearing matters under the Code. The Code bars civil courts from hearing any matters under the Code. In some matters where persons are aggrieved by the orders of authorities such as, by the order of the Inspector-cum-facilitator in the case of factories, or by the revocation of a license for contractors, the Code provides for an administrative appellate authority to be notified. However, it does not provide a judicial mechanism for hearing disputes under the Code. Under the existing 13 health and safety laws, claims which affect the rights of workers such as wages, work hours, and leave, are heard by labour courts and industrial tribunals.
However, the Code bars the jurisdiction of civil courts, and does not specify that such disputes arising under it may be heard by these labour courts and tribunals. Further, there may be other health and safety-related disputes. For example, an employer may wish to challenge an order passed by an Inspector which identified certain safety violations at the workplace. In such a case, the employer may file a case in the civil court for seeking remedy against the orders passed by the Inspector.
Appeal may be filed before the High Court and ultimately before the Supreme Court. However, the Code bars civil courts from hearing any dispute under the Code.
As a result, employers who are aggrieved by the orders of the Inspector and by the notified administrative appellate authority will not be able to challenge it in a civil court.
The only recourse available to them would be to directly file a writ petition before the relevant High Court. It can be argued that the bar on civil courts from hearing matters under the Code may deny aggrieved persons an opportunity to challenge certain issues before a lower court. Wages not defined in the Code. However, it does not define the term. This may lead to uncertainty in the interpretation of the term for the purpose of calculating overtime wages and earned leave.
Several matters left for notification by the government. The Code makes provisions for various welfare facilities, health and safety standards, and work hours for workers. However, it does not specify the standards but empowers the appropriate government to notify them. The Acts which are being subsumed by the Code specify these standards. For example, the Acts governing factories, mines, and beedi workers, specify maximum work hours of 9 hours per day and 48 hours per week. Similarly, some of these laws make provisions for drinking water, washrooms, and first aid facilities.
The question is whether minimum requirements should be specified in the Code itself on matters such as work hours, safety standards, and working conditions e. Note that one of the provisions of the Code overlaps with the Maternity Benefit Act, which is not being subsumed by the Code. Annexure: Comparison of the Code with the laws being subsumed. Table 2 below compares the key provisions of the Code with the provisions of the 13 Acts it proposes to subsume.
Existing Laws. Coverage and registration. Health and welfare facilities. Special provisions. The opinions expressed herein are entirely those of the author s.
PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete.
PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it.
Education Graduation :. Education Post Graduation :. Parliament States Primer. Parliament States.
32)". The main objective of the Act was to make the working places and working procedures safe. Due to the Second World War, the Indian Dock.
Occupational health is defined as the highest degree of physical, mental and social well-being of workers in all occupations. It is the branch of healthcare which deals with all aspects of health and safety at the workplace. It lays strong emphasis on the prevention of hazards at a primary level.
Occupational health is defined as the highest degree of physical, mental and social well-being of workers in all occupations. It is the branch of healthcare which deals with all aspects of health and safety at the workplace. It lays strong emphasis on the prevention of hazards at a primary level. Occupational health is essentially preventive medicine [ 1 ]. Consider the following facts from India: total population is 1. There are presently 16 laws related to working hours, conditions at work and employment.
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Highlights of the Bill. Key Issues and Analysis. In India, labour falls under the Concurrent List of the Constitution. Therefore, both Parliament and state legislatures can make laws regulating labour.
Presently, there are around 40 central laws regulating different aspects of labour such as, industrial dispute resolution, bonus payments, and working conditions. The Ministry of Labour and Employment has proposed to consolidate these laws into four codes—wages, social security, industrial safety and welfare, and industrial relations. Who will be covered under the Code?
ISO is applicable to any organization regardless of its size, type and activities. ISO does not address issues such as product safety, property damage or environmental impacts, beyond the risks to workers and other relevant interested parties. ISO can be used in whole or in part to systematically improve occupational health and safety management.
Overwhelming evidence shows that hazardous work, working conditions, and environment fail to maintain homeostasis results in death or severe disability. Up to the s, governments did not pay major attention to occupational health in developing countries, including India. The Bhopal Gas Tragedy, in , was the turning point in the history of health and safety in India.
Once production of your article has started, you can track the status of your article via Track Your Accepted Article. Help expand a public dataset of research that support the SDGs. Safety and Health at Work SH W is an international, peer-reviewed, interdisciplinary journal published quarterly in English beginning in
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