INTRODUCTION
Occupational safety and health is a field concerned with ensuring the safety, health, and well-being of those who work or are employed. Occupational safety and health initiatives aim to create a safe and healthy working environment. The goal of this study was to determine the current state of occupational health and safety in the country and what steps have been done to address it.
The Ministry of Labour and Employment introduced the Code, 2020, in response to the recommendations of the Second National Commission on Labour. It was created to bring together and alter the legislation that govern the OSHWC of people who work in a business. It is one of three new labour laws that are expected to integrate the majority of India’s labour legislation, improve labour compliance, and broaden the social security net for employees. The code governs not just the workers’ employment, but also their health, safety, and working circumstances. It will give pay security, social security, safety, health, and grievance resolution methods to the workers.
With the outbreak of COVID-19 spreading across the country, migration has become a major issue. This code was created to repeal and replace 13 existing labour laws dealing with safety, health, and working conditions, as well as to regulate the employment of employees and contractors, as well as their operational conditions, across all industries. As the government recognises, employee safety and health has a favourable impact on productivity, economic development, and social development.
Codification of labour rules is a positive and important step forward. It can only be fruitful if done correctly. The rule for occupational safety and health working conditions has been widely criticised. As a result, it is the government’s job to pay attention to this criticism and address the code’s flaws.
BACKGROUND
The Indian Constitution contains detailed protections for people’ rights as well as the Directive Principles of State Policy, which establish a direction for the government’s activities. The government is dedicated to regulating all economic activities in order to manage workplace safety and health concerns and to offer measures to maintain safe and healthy working conditions for every man and woman in the country.
Four bills have been introduced in 2019 to consolidate the 29 central laws. Wages, Industrial Relations, Social Security, and Occupational Safety, Health, and Working Conditions were all regulated by these rules. The Ministry of Labour and Employment first introduced this bill in the Lok Sabha on July 23, 2019, however it was amended and reintroduced on September 19, 2020, receiving President Assent on September 28, 2020, and taking effect on September 29, 2020. The code governs not just the workers’ employment, but also their health, safety, and working circumstances. Wage security, social security, safety, health, and grievance resolution methods would all be provided to the workers.
The Ministry of Labour and Employment has a vision for better working conditions and a better quality of life for workers by ensuring that child labour is employed in hazardous areas of the country to the bare minimum. The ministry’s objective is to implement policies, programmes, and other projects aimed at providing social security and welfare, regulating working conditions, ensuring worker health and safety, and encouraging skill development and employment services. High safety and health standards at work are as important as strong business performance for new and current industries, as prevention is an intrinsic element of economic operations[1].
SALIENT FEATURES OF THE OCCUPATIONAL SAFETY AND HEALTH CODE 2020
While the inclusion of women and inter-state migrant workers is unquestionably the centrepiece of this new Bill of 2020, another significant initiative is the creation of a single-window mechanism for contractors, factories, and industrial premises for beedi and cigar work, which should help cut through some of the bureaucratic red tape that typically surrounds the acquisition of such licences. However, it remains to be seen how much of this will translate into better protection for industrial workers as well as convenience of doing business.
The occupational safety and health code 2020 establishes a National Occupational Safety and Health Advisory Board to advise the Central Government on all issues related to the Code, as well as a corresponding State Occupational Safety and Health Advisory Board to advise the regime on all issues related to the Code. While the Central Government will continue to set the requirements, the States have been allowed considerable discretion to make changes as needed. The new Code gives the relevant government the ability to exclude establishments in rare instances or public emergencies, or wherever they are related to public establishments for education, training, or research, and to adopt rules for them, as well as to force employers to adhere to laws.
Almost all of the powers granted to the Labour Inspector under previous Acts are transferred to the Inspector-cum-Facilitator under the New Code. In the case of mines inside their native bounds, the District Magistrate is the Inspector-cum-Facilitator, according to Section 36. Medical officers, who are qualified medical practitioners, could be appointed to provide medical supervision, examination, and certification of workforce[2].
ISSUES AND CONCERNS RELATED TO CODE, 2019
The Code’s major goal was to change the laws, however it failed to do so for several of the clauses. Despite the fact that the OSH Code was created to fill up the gaps in the existing labour regulations on the subject, it has a number of flaws of its own:
- Certain definitions are either not provided or are not made apparent in the code. The justification for a number of specific rules is unclear.
- It excludes from its scope any businesses with fewer than ten employees. On the one hand, it could be argued that it is to protect small businesses from costly compliance efforts. On the other side, such exclusion will encourage some firms to keep their workforce under ten people in order to avoid compliance. In any event, the government should be concerned about the health and safety of all employees.
- MSME will have to bear more compliance costs as a result of the new code. It mandates the employment of welfare officers for businesses with more than 250 employees. Previously, such a rule only applied to businesses with more than 500 employees.
- Furthermore, the whole IT sector is exempt from the Code, which gives the government broad discretionary powers rather than enacting legislation.
- It gives the governments the authority to set the necessary safety standards. The Factories Act had previously established such a threshold. As more discretion is exercised, it is possible that power will be abused. It lacks any sort of judicial procedure. It prevents Civil Courts from taking anything that fall under the Code’s jurisdiction.
- The Code mentions wages in a few places, although it doesn’t go into detail. The absence of a specific definition will lead to misunderstanding and misinterpretation of the provisions.
- Some measures are also considered as making it easier for employees to be exploited. Trainees and apprentices, for example, are exempt from the Code, despite the fact that they typically undertake work assigned to contractual or permanent employees.
- A few other specialists have discovered problems in bills that favour employers over workers. The Confederation of Indian Industry (CII) has admitted that extending the Code to small businesses may have negative consequences. The RSS-affiliated Bharatiya Mazdoor Sangh has also spoken out against the Code. The Sangh claims that the Code is not ubiquitous and that safety standards are diluted.
CHANGES MADE TO THE CODE IN 2020
- The new concept of employee was introduced with a broad scope, and the definition of employer was introduced to cover industrial occupants.
- The number of female workers allowed to work in a creche for children under the age of six years will be doubled from 30 to 50.
- Previously, the requirement for the appointment of a Welfare Officer was 500 workers in a factory, but today it is made essential for 250 workers in a factory, mine, or plantation.
- Workers working more than every 20 days will be entitled to a one-day off and a one-day off per week at the canteen facility, which was cut from 250 to 100 employees.
- For female employees working after 7 p.m. till 6 a.m., consent and other criteria relating to safety, vacation, and working hours are required.
- If there is a risk of an accident, employers should not engage any person in the construction industry who has faulty vision, deafness, or a tendency for giddiness.
- The new code 2020 only deals with electronic registration for businesses.
- Unlike previous laws, women employees are entitled to work in all institutions for all types of labour, including hazardous procedures, with the caveat that the government may require the employer to establish necessary precautions before they are employed in hazardous or dangerous operations.
- Mandatory welfare facilities for interstate migrant employees, as well as entitlement to leave encashment, have been made.
SAFETY AND HEALTH WORKING FROM AN INTERNATIONAL PERSPECTIVE
Canada
Employees in Canada are categorised according to their industry by provincial or federal labour rules. Employees covered by federal legislation, such as those in mining, transportation, and federal employment, are covered by the Canada Labour Code; all other employees are covered by the province’s health and safety legislation.
In 1978, the Canadian Centre for Occupational Health and Safety was established as a government of Canada institution. Every Canadian has a “fundamental right to a healthy and safe working environment,” according to the act. To help avoid work-related injuries and illnesses, CCOHS is required to promote safe and healthy workplaces. The CCOHS keeps a handy list of OSH laws for Canada and its provinces on its website[3].
United States of America
The administration and enforcement of the laws designed to protect the safety and health of workers in the United States is the responsibility of three US Department of Labor (DOL) agencies. OSHA also oversees the whistleblower protection programme, which ensures that an employer cannot retaliate against employees who report accidents, safety concerns, or other protected activities by taking “adverse action.” Three annual reports are produced by the OSHS programme:
- Nonfatal occupational injuries and illnesses are counted and rated by specific trade and case type.
- Case circumstances and employee demographic information for nonfatal workplace injuries and illnesses that result in days away from work.
- Numbers and rates of fatal workplace injuries
European Union
Member states of the European Union have implementing authorities to ensure that the essential legal requirements for occupational health and safety are met. There is substantial cooperation between employer and employee organisations in various EU nations to achieve effective OSH performance because it is recognised that this benefits both the employee and the firm.
The European Union’s member states establish minimum requirements for occupational health and safety. These directives have a similar framework, requiring the employer to analyse work risks and implement work preventative measures in support of a management hierarchy. The eradication of the hazard is at the top of the hierarchy, followed by personal protection instrumentation.
CONCLUSION
It is critical to look after the health and safety of people at work. This will have a direct impact on the workers’ working quality and the work they produce. A healthy and safe workplace environment is a necessity of the time for making employees function more productively. In terms of health and safety, the government should ensure that the workplace is suitable for workers.
It must fulfil its commitment to workers by providing them with equal wage opportunities and a safe and healthy working environment. In addition, the government must focus on establishing a Code that includes all aspects for all workers, regardless of age, gender, or industry. When establishing initiatives targeted at improving workplace safety and health, health care executives should keep these realities in mind. They must focus on increasing the quality of working circumstances if they are needed to improve the standard of labour.
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[1] Labour.gov.in. Safety, Health and Environment at Work Place | Ministry of Labour & Employment. [online] Available at: <https://labour.gov.in/policies/safety-health-and-environment-work-place>
[2] Sharma, D., 2020. Deconstructing the Occupational Safety, Health and Working Conditions Code, 2020 | SCC Blog. [online] Available at: <https://www.scconline.com/blog/post/2020/10/25/deconstructing-the-occupational-safety-health-and-working-conditions-code-2020/>
[3] About CCOHS, COOHS <https://www.ccohs.ca/ccohs.html>
About the author:

Shravani Gupta is a B.A. LL.B (III) Year Student at the University of Petroleum and Energy Studies. She can be reached via email at atshravanigupta3108[at]gmail[dot]com