Vidhi Codex

The Occupational Safety, Health and Working Conditions Code, 2020

The Occupational Safety, Health and Working Conditions Code, 2020

Labour2020143 sections14 chapters

The Occupational Safety, Health and Working Conditions Code, 2020, consolidates thirteen Indian labor laws into one unified framework. It regulates workplace safety, health standards, welfare facilities, and working hours to ensure a safe environment for all. The Code applies to diverse workers in sectors like manufacturing, mining, construction, and plantations, typically covering establishments with ten or more employees. It matters because it modernizes worker rights, requiring mandatory appointment letters and free annual health check-ups. Crucially, it empowers women to work in any role or shift with guaranteed safety. Ultimately, it balances business efficiency with the fundamental well-being of India’s entire workforce.

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Chapter I PRELIMINARY →

  1. 1Short title, commencement and application.
  2. 2Definitions.

Chapter II REGISTRATION →

  1. 3Registration of certain establishments.
  2. 4Appeal.
  3. 5Notice by employer of commencement and cessation of operation.

Chapter III DUTIES OF EMPLOYER AND EMPLOYEES, ETC. →

  1. 6Duties of employer.
  2. 7Duties and responsibilities of owner, agent and manager in relation to mine.
  3. 8Duties of designers, manufacturers, importers or suppliers.
  4. 9Duties of architect, project engineer and designer.
  5. 10Notice of certain accident.
  6. 11Notice of certain dangerous occurrences.
  7. 12Notice of certain diseases.
  8. 13Duties of employee.
  9. 14Rights of employee.
  10. 15Duty not to interfere with or misuse things.

Chapter IV OCCUPATIONAL SAFETY AND HEALTH →

  1. 16National Occupational Safety and Health Advisory Board.
  2. 17State Occupational Safety and Health Advisory Board.
  3. 18Occupational safety and health standards.
  4. 19Research related activities.
  5. 20Safety and occupational health surveys.
  6. 21Collection of statistics and portal for inter-State migrant workers.
  7. 22Safety Committee and safety officers.

Chapter V HEALTH, SAFETY AND WORKING CONDITIONS →

  1. 23Responsibility of employer for maintaining health, safety and working conditions.

Chapter VI WELFARE PROVISIONS →

  1. 24Welfare facilities in the establishment, etc.

Chapter VIII MAINTENANCE OF REGISTERS, RECORDS AND RETURNS →

  1. 33Maintenance of registers, records and filing of returns.

Chapter IX INSPECTOR-CUM-FACILITATORS AND OTHER AUTHORITY →

  1. 34Appointment of Inspector-cum-Facilitators.
  2. 35Powers of Inspector-cum-Facilitators.
  3. 36Powers and duties of District Magistrate.
  4. 37Third party audit and certification.
  5. 38Special powers of Inspector-cum-Facilitator in respect of factory, mines, dock work and building or other construction work.
  6. 39Secrecy of information by Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, etc.
  7. 40Facilities to be afforded to Inspector-cum-Facilitator.
  8. 41Powers of special officer to enter, measure, etc., in relation to mine.
  9. 42Medical officer.

Chapter X SPECIAL PROVISION RELATING TO EMPLOYMENT OF WOMEN →

  1. 43Employment of women.
  2. 44Adequate safety of employment of women in dangerous operation.

Chapter XI CHAPTER XI →

  1. 45Applicability of this Part.
  2. 46Appointment of designated authority.
  3. 47Licensing of contractors.
  4. 48Procedure for issue or renewal of licence.
  5. 49No fees or commission or any cost to workers.
  6. 50Information regarding work order to be given to the appropriate Government.
  7. 51Revocation, suspension and amendment of licence.
  8. 52Appeal.
  9. 53Liability of principal employer for welfare facilities.
  10. 54Effect of employing contract labour from a non-licenced contractor.
  11. 55Responsibility for payment of wages.
  12. 56Experience certificate.
  13. 57Prohibition of employment of contract labour.
  14. 58Power to exempt in special cases.
  15. 59Applicability of Part II.
  16. 60Facilities to inter-State migrant workers.
  17. 61Journey allowance.
  18. 62Benefits of public distribution system, etc.
  19. 63Toll free helpline.
  20. 64Study of inter-State migrant workers.
  21. 65Past liabilities.
  22. 66Prohibition of employment of audio-visual worker without agreement.
  23. 67Managers.
  24. 68Code not to apply in certain cases.
  25. 69Exemption from provision regarding employment.
  26. 70Employment of persons below eighteen years of age.
  27. 71Exemption to certain persons.
  28. 72Establishment, maintenance of rescue services and vocational training.
  29. 73Decision of question whether a mine is covered under this Code.
  30. 74Licence to industrial premises and person.
  31. 75Appeals.
  32. 76Permission to work by employees outside industrial premises.
  33. 77Part not to apply to self-employed persons in private dwelling houses.
  34. 78Prohibition of employment of certain persons in certain building or other construction work.
  35. 79Approval and licensing of factories.
  36. 80Liability of owner of premises in certain circumstances.
  37. 81Power to apply Code to certain premises.
  38. 82Dangerous operations.
  39. 83Constitution of site appraisal committee.
  40. 84Compulsory disclosure of information by occupier.
  41. 85Specific responsibility of the occupier in relation to hazardous processes.
  42. 86National Board to inquire into certain situations.
  43. 87Emergency standards.
  44. 88Permissible limits of exposure of chemicals and toxic substances.
  45. 89Right of workers to warn about imminent danger.
  46. 90Appeal against the order of Inspector-cum-Facilitator in case of factory.
  47. 91Power to make rules to exempt.
  48. 92Facilities for workers in plantation.
  49. 93Safety.

Chapter XII OFFENCES AND PENALTIES →

  1. 94General penalty for offences.
  2. 95Punishment for causing obstruction to Chief Inspector-cum-Facilitator or Inspector-cumFacilitator, etc.
  3. 96Penalty for non-maintenance of register, records and non-filing of returns, etc.
  4. 97Punishment for contravention of certain provisions.
  5. 98Punishment for falsification of records, etc.
  6. 99Penalty for omission to furnish plans, etc.
  7. 100Punishment for disclosure of information.
  8. 101Punishment for wrongfully disclosing results of analysis.
  9. 102Punishment for contravention of provisions of duties relating to hazardous processes.
  10. 103Punishment for contravention of provisions of duties relating to safety provisions resulting in an accident.
  11. 104Special provision for contravention of order under section 38.
  12. 105Failure to appoint manager in mine.
  13. 106Offences by employees.
  14. 107Prosecution of owner, agent or manager of mine.
  15. 108Exemption of owner, agent or manager of mine or occupier of factory from liability in certain cases.
  16. 109Offences by companies, etc.
  17. 110Limitation of prosecution and cognizance of offences.
  18. 111Power of officers of appropriate Government to impose penalty in certain cases.
  19. 112Jurisdiction of court for entertaining proceedings, etc., for offence.
  20. 113Power of court to make orders.
  21. 114Composition of certain offences.

Chapter XIII SOCIAL SECURITY FUND →

  1. 115Social security fund.

Chapter XIV MISCELLANEOUS →

  1. 116Delegation of powers.
  2. 117Onus as to age.
  3. 118Onus of proving limits of what is practicable, etc.
  4. 119Common licence for contractor, factories and to industrial premises, etc.
  5. 120Effect of law and agreements inconsistent with Code.
  6. 121Power of appropriate Government to direct inquiry in certain cases.
  7. 122Publication of reports.
  8. 123Powers of Central Government to give directions.
  9. 124General restriction on disclosure of information.
  10. 125Jurisdiction of civil courts barred.
  11. 126Protection of action taken in good faith.
  12. 127Power to exempt in special cases.
  13. 128Power to exempt during public emergency.
  14. 129Power to exempt public institution.
  15. 130Persons required to give notice, etc., legally bound to do so.
  16. 131Power of Central Government to amend Schedule.
  17. 132Power to remove difficulties.
  18. 133Power of appropriate Government to make rules.
  19. 134Power of Central Government to make rules.
  20. 135Power of State Government to make rules.
  21. 136Power of Central Government to make regulations in relation to mines and dock work.
  22. 137Prior publication of rules, etc.
  23. 138Power to make regulation without previous publication.
  24. 139Bye-laws.
  25. 140Powers to regulate general safety and health.
  26. 141Laying of regulations, rules, byelaws, etc., before Parliament.
  27. 142Laying of rules made by State Government.
  28. 143Repeal and Savings.

Chapter VIl HOURS OF WORK AND ANNUAL LEAVE WITH WAGES →

  1. 25Daily and weekly working hours, leave, etc.
  2. 26Weekly and compensatory holidays.
  3. 27Extra wages for overtime.
  4. 28Night shifts.
  5. 29Prohibition of overlapping shifts.
  6. 30Restriction on double employment in factory and mine.
  7. 31Notice of periods of work.
  8. 32Annual leave with wages, etc.

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