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Chapter IV · OSH Code

Occupational Safety and Health

This chapter sets up the national and state advisory boards on workplace safety and lets the Central Government notify safety and health standards for factories, mines, docks, beedi and cigar units, construction and other establishments. It also gives named officers the power to survey workplaces, creates a government database and portal for inter-State migrant workers, lets the government require safety committees, and makes safety officers compulsory once a workplace reaches set headcounts.

7 sections ~9 min read Official text, PDF pp. 21–25
Factory and mine ownersSafety officers and EHS managersHR managersConstruction contractors

Key points

  1. 1The Central Government notifies safety and health standards for factories, mines, dock work, beedi and cigar, construction and other establishments, and a State can amend them for its own establishments only with the Centre's prior approval. §18
  2. 2These standards cover how physical, chemical and biological hazards are handled, exposure monitoring, medical examinations provided by the employer or at its cost, hazard studies such as safety audits and HAZOP, and occupational disease checks that can continue after a worker leaves the job. §18
  3. 3After written notice, officers such as the Chief Inspector-cum-Facilitator can survey a workplace, and the employer must give all facilities, including testing of plant and machinery and collection of samples. §20
  4. 4Safety officers are compulsory in factories with 500 or more workers, hazardous-process factories and construction work with 250 or more, and mines with 100 or more. §22
  5. 5The government can order any establishment to form a safety committee in which worker representatives are at least as many as the employer's. §22
  6. 6The Central and State Governments keep a database for inter-State migrant workers, who can register on the portal themselves using self-declaration and Aadhaar. §21

At a glance

500 or more workersSafety officer: factorySection 22250 or more workersSafety officer: hazardous-process factorySection 22250 or more workersSafety officer: building or construction workSection 22100 or more workersSafety officer: mineSection 22At least 45 daysNotice before amending the Second ScheduleSection 183 yearsTerm of State, employer, employee, professional-body and expert members on the National BoardSection 16
Earlier law:Factories Act, 1948Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
16

National Occupational Safety and Health Advisory Board

In plain words

The Central Government sets up a National Occupational Safety and Health Advisory Board, chaired by the Labour Secretary and including officials, five employer and five employee representatives and experts, to advise it on standards, rules, policy and implementation of the Code.

(1)

The Central Government shall, by notification, constitute the National Occupational Safety and Health Advisory Board (hereinafter in this Code referred to as the National Board) to discharge the functions conferred on it by or under this Code and to advise the Central Government on the matters relating to—

(a)

standards, rules and regulations to be declared or framed under this Code;

(b)

implementation of the provisions of this Code and the standards, rules and regulations relating thereto;

(c)

the issues of policy and programme relating to occupational safety and health referred to it, from time to time, by the Central Government; and

(d)

any other matter in respect of this Code referred to it, from time to time, by the Central Government.

(2)

The National Board shall consist of—

(a)

Secretary, Ministry of Labour and Employment—Chairperson ex officio;

(b)

Director General, Factory Advice Service and Labour Institutes, Mumbai—Member ex officio;

(c)

Director General, Mines Safety, Dhanbad—Member ex officio;

(d)

Chief Controller of Explosives, Nagpur—Member ex officio;

(e)

Chairman, Central Pollution Control Board, New Delhi—Member ex officio;

(f)

Chief Labour Commissioner (Central), New Delhi—Member ex officio;

(g)

Principal Secretaries dealing with labour matters of four States (by rotation as the Central Government may deem fit)—Member ex officio;

(h)

Director General, Employee's State Insurance Corporation, New Delhi—Member ex officio;

(i)

Director General, Health Services, New Delhi—Member ex officio;

(j)

five representatives of employers—Member ex officio;

(k)

five representatives of employees—Member ex-officio;

(l)

a representative of professional body associated with the matter for which standards, rules, policies being framed—Member;

(m)

five eminent persons connected with the field of Occupational Safety and Health, or representatives from reputed research institutions or similar other discipline—Member;

(n)

special invitees from the State Government or the Government of Union territory for seeking inputs in specific matters or industry or sector which is predominant in that State or Union territory—Member;

(o)

Joint Secretary, Ministry of Labour and Employment—Member Secretary ex officio.

(3)

The terms of office of the Members referred to in clauses (g), (j), (k), (l) and (m) of sub-section (2) shall be of three years and the procedure for their nomination, and discharge of their functions shall be such as may be prescribed by the Central Government.

(4)

The Central Government may, in consultation with the National Board, determine the number, nature and categories of other officers and employees required to assist the National Board in the efficient discharge of its functions and terms and conditions of service of such officers and employees of the National Board shall be such as may be prescribed by the Central Government.

(5)

The Central Government may constitute as many technical committees or advisory committees consisting of such number of members having such qualifications as may be prescribed by the Central Government, to assist the National Board in discharge of its function specified in sub-section (1).

(6)

The National Board shall consult the State Governments whose Principal Secretaries are the Members of the National Board as required under clause (g) of sub-section (2) of section 16 and in case of specific issues relating to plantation, factories and like other issues, the State Government concerned may be invited by the National Board as special invitee for obtaining their inputs on such issues.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 21
17

State Occupational Safety and Health Advisory Board

In plain words

Each State Government sets up a State Occupational Safety and Health Advisory Board to advise it on matters it refers, with the Board's make-up and procedure set by state rules, and may form technical, advisory and site appraisal committees.

(1)

The State Government shall constitute a Board to be called the State Occupational Safety and Health Advisory Board (hereinafter referred to as "State 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.

(2)

The constitution, procedure and other matters relating to State Advisory Board shall be such as may be prescribed by the State Government.

(3)

The State Government may constitute as many technical committees or advisory committees of the State Advisory Board including site appraisal committees, consisting of such number of members and having such qualifications as may be prescribed, to assist the State Government or State Advisory Board in discharge of their functions relating to the area falling within their respective jurisdictions.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 22
18

Occupational safety and health standards

In plain words

The Central Government notifies safety and health standards covering hazards, exposure monitoring, medical tests provided by the employer or at its cost, hazard studies and occupational disease reporting, and a State may amend them for its establishments only with the Centre's prior approval.

(1)

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.

(2)

In particular and without prejudice to the generality of the power to declare standards to be followed under sub-section (1), such standards shall relate to—

(a)

physical, chemical, biological and any other hazards to be dealt with for the working life of employee to ensure to the extent feasible on the basis of the best available evidence or functional capacity, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to such hazards;

(b)

the norms—

(i)

appraising the hazards to employees and users to whom such hazards are exposed;

(ii)

relating to relevant symptoms and appropriate energy treatment and proper conditions and precautions of safe use or exposure;

(iii)

for monitoring and measuring exposure of employees to hazards;

(iv)

for medical examination and other tests which shall be made available, by the employer or at his cost, to the employees exposed to hazards; and

(v)

for hazard evaluation procedures like safety audit, hazard and operability study, fault free analysis, event free analysis and such other requirements;

(c)

medical examination including criteria for detection and reporting of occupational diseases to be extended to the employees even after he ceases to be in employment, if he is suffering from an occupational disease which arises out of or in the course of employment;

(d)

such aspects of occupational safety and health relating to workplaces which the Central Government considers necessary on the report of the authority designated by such Government for such purpose;

(e)

such safety and health measures as may be required having regard to the specific conditions prevailing at the workplaces relating to mine, factory, building and other construction work, beedi and cigar, dock work or any other establishments notified; and

(f)

matters specified in the Second Schedule to this Code.

(3)

Notwithstanding anything contained in section 131, the Central Government may, on the basis of the recommendation of the National Board and after notifying its intention so to do for not less than forty-five days', by notification, amend the Second Schedule.

(4)

The State Government may, with the prior approval of the Central Government, by notification amend the standards made under sub-section (1) and sub-section (2) for the establishment for which it is the appropriate Government situated in the State.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 23
19

Research related activities

In plain words

Institutions notified by the Central or State Government must carry out research, experiments and demonstrations on occupational safety and health and send their recommendations to that government, and a State must consult the National Board before notifying such work.

It shall be the duty of such institutions in the field of occupational safety and health as the Central or State Government may notify to conduct research, experiments and demonstrations relating to occupational safety and health and thereafter submit their recommendations to the Central Government or the State Government, as the case may be:

Proviso

Provided that the State Government shall consult National Board before notifying conduct of research, experiments and demonstration relating to occupational safety and health.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 24
20

Safety and occupational health surveys

In plain words

After written notice to the employer, the Chief Inspector-cum-Facilitator, the heads of Factory Advice Service, Mines Safety or Health Services, or another authorised officer can survey a workplace, and the employer must give every facility, including testing of machinery and collection of samples.

(1)

At any time during the normal working hours of an establishment or at any other time as he may deem necessary,—

(a)

the Chief Inspector-cum-Facilitator in the case of factory or mine; or

(b)

the Director General of Factory Advice Service and Labour Institute in the case of factory; or

(c)

the Director General of Mines Safety in the case of mine; or

(d)

the Director General of Health Services in the case of factory or mine; or

(e)

such other officer as may be authorised by the appropriate Government in the case of any other establishment or class of establishments,

after giving notice in writing to the employer, conduct survey of the factory or mine or such other establishment or class of establishments and such employer shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey.

Explanation

Explanation.—For the purposes of this sub-section, the expression "employer" includes manager for the factory or in the case of any other establishment or class of establishments such person who is for the time being responsible for the safety and the occupational health of such other establishment or class of establishments, as the case may be.

(2)

For the purpose of facilitating surveys under sub-section (1) every worker shall, if so required by the person conducting the survey, present himself to undergo such medical examination as may be considered necessary by such person and furnish all information in his possession which is relevant to the survey.

(3)

Any time spent by a worker for undergoing medical examination or furnishing information under sub-section (2) shall, for the purpose of calculating wages and extra wages for overtime work, be deemed to be working hour for him.

Explanation

Explanation.—For the purposes of this section, the report submitted to the appropriate Government by the person conducting the survey under sub-section (1) shall be deemed to be a report submitted by an Inspector-cum-Facilitator under this Code.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 24
21

Collection of statistics and portal for inter-State migrant workers

In plain words

The Central and State Governments must collect and analyse safety and health statistics and keep a database of inter-State migrant workers, who, along with self-employed migrants, can register on the portal on self-declaration and Aadhaar.

(1)

For the purposes of this Code, the Central Government and the State Government shall collect, compile and analyse occupational safety and health statistics in such form and manner as may be prescribed.

(2)

The Central Government and the State Governments shall maintain the database or record, for inter-State migrant workers, electronically or otherwise in such portal and in such form and manner as may be prescribed by the Central Government:

Proviso

Provided that an inter-State migrant worker may register himself as an inter-State migrant worker on such portal on the basis of self-declaration and Aadhaar:

Proviso

Provided further that the workers who have migrated from one State to any other State and are self-employed in that other State may also register themselves on that portal.

Explanation

Explanation.—For the purposes of this sub-section, the expression "Aadhaar" shall have the same meaning as assigned to it in clause (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 24
22

Safety Committee and safety officers

In plain words

The government can order an establishment to form a safety committee in which workers have at least as many representatives as the employer, and employers must appoint safety officers where 500 or more workers work in a factory, 250 or more in a hazardous-process factory or construction work, or 100 or more in a mine.

(1)

The appropriate Government may, by general or special order, require any establishment or class of establishments to constitute in the prescribed manner a Safety Committee consisting of representatives of employers and workers engaged in such establishment in such manner that the number of representatives of workers on the Committee shall not be less than the number of representatives of the employer and the representatives of the workers shall be chosen in such manner and for such purpose as may be prescribed by the appropriate Government.

(2)

In every establishment which is a—

(a)

factory wherein five hundred workers or more; or

(b)

factory carrying on hazardous process wherein two hundred fifty workers or more; or

(c)

building or other construction work wherein two hundred fifty workers or more; or

(d)

mine wherein one hundred workers or more, are ordinarily employed,

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.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 25

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