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Chheda ConsultantsChheda ConsultantsSince 1972 · Labour law & payroll

Chapter VI · OSH Code

Welfare Provisions

This chapter has a single section, section 24. It makes the employer responsible for providing and maintaining the welfare facilities the Central Government prescribes, such as washing areas, locker rooms, sitting arrangements, canteens and first aid, and lets the Central Government prescribe more, such as rest rooms, lunch rooms, ambulance rooms, creches and a welfare officer. The Code names the facilities and the headcounts that trigger the bigger ones, but the detailed standards come from rules made by the Central Government. The provisions reach beyond factories to mines, plantations, building sites and motor transport undertakings.

1 section ~3 min read Official text, PDF p. 25
Factory ownersHR and admin managersConstruction contractors and buildersMine and transport operators

Key points

  1. 1The employer must provide and maintain the welfare facilities the Central Government prescribes, starting with separate washing facilities for men and women and separate bathing places and locker rooms for male, female and transgender employees. §24
  2. 2Workers who have to work standing must be given sitting arrangements, and first-aid boxes or cupboards must be readily accessible during all working hours. §24
  3. 3A canteen is listed for establishments ordinarily employing 100 or more workers, and contract labourers count towards that 100. §24
  4. 4The Central Government may prescribe an ambulance room above 500 workers, shelters, rest rooms and a lunch room above 50 workers, and a welfare officer at 250 or more workers, in the types of workplace the section names. §24
  5. 5Rules may provide for a creche for employees' children under six in establishments ordinarily employing more than 50 workers, and establishments may use a common creche or pool resources to set one up. §24
  6. 6For building work, rules may require the employer to give building workers free temporary living accommodation within or as near as possible to the site, and where a contractor does the work, rules may make the principal employer pay the contractor's cost of that accommodation. §24
Earlier law:Factories Act, 1948Mines Act, 1952Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996Motor Transport Workers Act, 1961Contract Labour (Regulation and Abolition) Act, 1970Plantations Labour Act, 1951
24

Welfare facilities in the establishment, etc

In plain words

The employer must provide and maintain the welfare facilities the Central Government prescribes, such as washing and bathing areas, locker rooms, clothing storage, sitting arrangements, canteens, first aid and medical checks in mines. The Central Government may also prescribe ambulance rooms, rest rooms and lunch rooms, welfare officers and creches where set headcounts are crossed, amenities for motor transport workers, and free temporary housing for building workers.

(1)

The employer shall be responsible to provide and maintain in his establishment such welfare facilities for the employees as may be prescribed by the Central Government, including,—

(i)

adequate and suitable facilities for washing to male and female employees separately;

(ii)

bathing places and locker rooms for male, female and transgender employees separately;

(iii)

place of keeping clothing not worn during working hours and for the drying of wet clothing;

(iv)

sitting arrangements for all employees obliged to work in a standing position;

(v)

facilities of canteen in an establishment for employees thereof, wherein one hundred or more workers including contract labourers are ordinarily employed;

(vi)

in case of mines, medical examination of the employees employed or to be employed in the mines, before their employment and at specific intervals;

(vii)

adequate first-aid boxes or cupboards with contents readily accessible during all working hours; and

(viii)

any other welfare measures which the Central Government considers, under the set of circumstances, as required for decent standard of life of the employees.

(2)

Without prejudice to the generality of the powers referred to under sub-section (1), the Central Government may also prescribe for the following matters, namely:—

(i)

ambulance room in every factory, mine, building or other construction work wherein more than five hundred workers are ordinarily employed;

(ii)

medical facilities at the operating centres and halting stations, uniforms, raincoats and other like amenities for protection from rain or cold for motor transport workers;

(iii)

adequate, suitable and separate shelters or rest-rooms for male, female and transgender employees and lunch-room in every factory and mine wherein more than fifty workers are ordinarily employed and in motor transport undertaking wherein employee is required to halt at night;

(iv)

the appointment of welfare officer in every factory, mine or plantation wherein two hundred and fifty or more workers are ordinarily employed and the qualification, conditions of service and duties of such welfare officer;

(v)

for providing by the employer temporary living accommodation, free of charges and within the work site or as near to it as may be possible, to all building workers employed by him and for causing removal or demolition of such temporary living accommodation and for returning by the employer the possession of any land obtained by him for such purpose from Municipal Board or any other local authority;

(vi)

for payment by the principal employer the expenses incurred on providing the accommodation to the contractor, where the building or other construction work is done through the contractor;

(vii)

any other matter which may be prescribed.

(3)

The Central Government may make rules to provide for the facility of creche having suitable room or rooms for the use of children under the age of six years of the employees at suitable location and distance either separately or along with common facilities in establishments wherein more than fifty workers are ordinarily employed:

Proviso

Provided that an establishment can avail common crèche facility of the Central Government, State Government, municipality or private entity or provided by non-Governmental organisation or by any other organisation or group of establishments may pool their resources for setting up of common crèche in the manner as they may agree for such purpose.

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