Module 3
Occupation Safety and
Working Conditions
Presented by Nikita Talukdar
Prepared by Nikita B. Talukdar
Topics In this PPT
01 Registration
Chapter II of OSCH code 2020
02 Duties of Employers and Employees
Chapter III of OSCH code 2020
National and state Occupational Safety
03 and Health Advisory Board. (Functions
and Composition),
Chapter IV Ss. 16,17
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01.
REGISTRATION
Chapter II (S. 3, 4) OF
OSHWC 2020
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Introduction
• The code under Chapter II provides for registration of establishment.
• It is a compulsory requirement under the Occupation safety health
and working conditions code 2020, to get the establishment
registered.
• In case no registration is taken, such an employer cannot employ any
workers.
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Why Registration Important for establishments?
• Pursuant to the 1948 Factory Act, it was compulsory for each factory
owner to register their premises with local authorities before starting
a business.
• Factory License acts as an approval document provided by authorities
to carry out manufacturing activities.
• Factory license registration and renewal is also done to ensure the
safety of workers.
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Why Registration Important for establishments?
• The regulations for registration shows that any factory/establishment
which employees workers shall be governed as per the necessary
regulations and monitored by the government.
• Law shall not allow any occupier or owner who fails to comply the
regulations as to health, safety, welfare to establish or commence the
manufacturing process in the factory premises.
• It also enhances the safety, security, and health of the employees in
the factory
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S. 3 Registration of certain establishments
Establishments (in existence, The Registering
Information
after code commences) Apply officer to Register the
for registration electronically regarding inter-state
establishment and
within 60 days from migrant workers also
issue certificate of
applicability of code to be provided
registration.
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Registration of certain establishments (S. 3)
(1) Every employer of any establishment,—
(a) which comes into existence after the commencement of this Code; and
(b) to which this Code shall apply,
shall, within sixty days from the date of such applicability of this Code, make an
application electronically to the registering officer appointed by the appropriate Government
(hereinafter referred to as the registering officer) for the registration of such establishment:
Provided that the registering officer may entertain any such application for registration after
the expiry of such period on payment of such late fees as may be prescribed by the appropriate
Government.
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(2) Every application under sub-section (1) shall be submitted to the registering Officer
in such manner, in such form, containing such particulars including the information
relating to the employment of inter-State migrant workers and shall be accompanied
by such fees as may be prescribed by the appropriate Government.
(3) After the receipt of an application under sub-section (1), the registering officer shall
register the establishment and issue a certificate of registration electronically to the
employer thereof in such form and within such time and subject to such conditions as
may be prescribed by the Central Government.
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Provided that if the registering officer fails to register an
establishment under the application so made or to entertain the
application within the prescribed period, then, such establishment
shall be deemed to have been registered under this Code immediately
on the expiration of such period and the electronic certificate of
registration shall be auto generated and the responsibility of such failure
shall be on the registering officer.
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Consequences of Non registration (S. 3)
Section 3 (7) provides: Employer of an establishment who—
(a) has not registered the establishment under this section; or
(b) has not preferred appeal under section 4 against the cancellation of the
registration certificate of the establishment under sub-section (5) or
revocation of the registration of the establishment under sub-section (6) or
the appeal so preferred has been dismissed,
shall NOT employ any employee in the establishment.
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Notice of Commencement and
cessation (S. 5)
• No employer of an establishment being factory or mine or relating to
contract labour or building or other construction work shall use such
establishment to commence the operation of any industry, trade, business,
manufacturing or occupation thereon without sending notice of such purpose
in such form and manner and to such authority and within such time as may
be prescribed and
• shall also intimate the cessation thereof to the said authority in such manner
as may be prescribed by the appropriate Government.
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02
Duties of Employer and
employee
Chapter III of code
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Duties of Employer
Sections 6-9
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Section 6. provides that:
(1) Every employer shall,—
(a) ensure that workplace is free from hazards which cause or are likely to
cause injury or occupational disease to the employees
(b) comply with the occupational safety and health standards declared
under section 18 or the rules, regulations, bye-laws or orders made under this
Code;
(c) provide such annual health examination or test free of costs to such
employees of such age or such class of employees of establishments or such
class of establishments, as may be prescribed by the appropriate Government;
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(d) provide and maintain, as far as is reasonably practicable, a working
environment that is disposal safe and without risk to the health of the employees;
(e) ensure the disposal of hazardous and toxic waste including disposal of e-waste;
(f) issue a letter of appointment to every employee on his appointment in the
establishment, with such information and in such form as may be prescribed by
the AG and where an employee has not been issued such appointment letter on
or before the commencement of this Code, he shall, within three months of such
commencement, be issued such appointment letter;
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(g) ensure that no charge is levied on any employee, in respect of anything done Or
provided for maintenance of safety and health at workplace including
conduct of Medical examination and investigation for the purpose of detecting
occupational diseases;
(h) relating to factory, mine, dock work, building or other construction work or
plantation, ensure and be responsible for the safety and health of employees,
workers and other persons who are on the work premises of the employer, with or
without his knowledge, as the case may be.
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Duties of Employee
Sections 13
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Section 13. Every employee at workplace shall,—
(a) take reasonable care for the health and safety of himself and
of other persons who may be affected by his acts or omissions at
the workplace;
(b) comply with the safety and health requirements specified in
the standards;
(c) co-operate with the employer in meeting the statutory
obligations of the employer under this Code;
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(d) if any situation which is unsafe or unhealthy comes to his
attention, as soon as practicable, report such situation to his
employer or to the health and safety representative and in case of
mine, agent or manager referred to in section 67, safety officers or
an official for his workplace or section thereof, as the case may be,
who shall report it to the employer in the manner as may be
prescribed by the appropriate Government;
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(e) not willfully interfere with or misuse or neglect any appliance, convenience
or other thing provided at workplace for the purpose of securing the health,
safety and welfare of workers;
(f) not do, willfully and without reasonable cause, anything, likely to endanger
himself or others; and
(g) perform such other duties as may be prescribed by the appropriate
Government
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PUNISHMENT FOR NON-COMPLIANCE OF DUTIES
Section 102.
(1) Whoever fails to comply with or contravenes any of his duties specified under
— s. 6, 13 and 80-
shall, in respect of such failure or contravention, be punishable with an
imprisonment for a term which may extend to two years and with fine
which may extend to five lakh rupees, and in case the failure or contravention
continues, with additional fine which may extend to twenty-five thousand
rupees for every day during which such failure or contravention continues, after
the conviction for the first such failure or contravention
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PUNISHMENT FOR NON-COMPLIANCE OF DUTIES
Section 103.
(1) If a person fails to comply with or contravenes any duties under this Code or
the regulations, rules, bye-laws or orders made thereunder and such non-
compliance or contravention has resulted in an accident or dangerous
occurrences causing—
DEATH
serious bodily injury
he shall be punishable with
he shall be punishable with
imprisonment for a term which may
imprisonment for a term which may extend to one year, or with a fine which
extend to two years, or with a fine shall not be less than two lakh rupees
which shall not be less than five but not exceeding four lakh rupees, or
lakh rupees, or with both; or
with both:
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National Occupational Safety and Health
Advisory Board
Chapter IV (Sections 16)
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Section 16 (1) Provides for the Functions of National Occupational Safety
and Health Advisory Board:
• Central Government shall, by notification, constitute the National Occupational
Safety and Health Advisory Board
• Objective: 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;
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(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
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State Occupational Safety and Health Advisory Board
Chapter 4 (Section 17)
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Any Questions?
THANK
YOU!
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