The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) is a comprehensive piece of legislation introduced by the Indian government to streamline and consolidate the laws relating to occupational safety, health, and working conditions in India. The code was enacted on September 28, 2020, and replaces 13 existing laws related to occupational health and safety in India.
The primary objective of the OSH Code is to ensure the safety, health, and welfare of all workers in India, including those in the organized and unorganized sectors. The code aims to achieve this by setting out standards and guidelines for various aspects of working conditions, including working hours, leave entitlements, social security, and welfare measures for workers. Additionally, the code establishes provisions for occupational safety and health, including the prevention and management of occupational accidents and diseases, the provision of first aid, and the promotion of workplace health and safety.
Worker protection is of paramount importance in India as the country has a large workforce in both the organized and unorganized sectors. The working conditions for many workers, especially those in the unorganized sector, are often poor, and they face significant challenges in accessing basic workplace protections. The OSH Code aims to address these challenges and provide a more comprehensive and effective framework for ensuring worker protection in India.
The OSH Code, 2020 is a comprehensive piece of legislation that consolidates and streamlines the laws related to occupational safety, health, and working conditions in India. Here are some of the key features of the OSH Code:
The Occupational safety, health and working conditions Code, 2020 lays down provisions for health and safety standards in the workplace, including measures for the prevention of occupational accidents and diseases, and the promotion of workplace health and safety. It also mandates welfare provisions such as clean drinking water, sanitary facilities, canteens, and restrooms for workers.
The code provides provisions for working hours, overtime, and leave entitlements, including a maximum of 8 hours of work per day, a weekly day off, and a minimum of 12 days of annual leave. Social security provisions such as medical, disability, and maternity benefits are also included.
Occupational safety and health committees are established in workplaces with more than 50 workers, responsible for monitoring and promoting workplace safety and health. The code imposes penalties for non-compliance with its provisions and establishes an inspectorate system to enforce its provisions. The OSH Code, 2020 recommends awareness campaigns and training, regular inspections and enforcement, partnerships with employers and workers, incentives for compliance, and collaboration with international organizations. The implementation of these strategies is expected to improve working conditions, lead to safer and healthier workplaces, and enhance the welfare of workers in India.
The code defines gig and platform workers as individuals who perform work or services through digital platforms or intermediaries. One of the key provisions for gig and platform workers under the code is social security benefits, which includes life and disability coverage, health and maternity benefits, and old-age protection.
This provision aims to improve the welfare of gig and platform workers and provide them with a safety net in case of illness or injury. The code also provides for the safety and health of gig and platform workers, including provisions for safety equipment, training, and insurance coverage. This is important to ensure that gig and platform workers are protected from workplace hazards and injuries.
Gig and platform workers are entitled to receive fair compensation for their services, and the code ensures that they receive payment for their work within a specified time period. Additionally, the code prohibits discrimination against gig and platform workers on the basis of their gender, caste, religion, or disability.
The role of government agencies and employers is crucial in enforcing the OSH Code, 2020. Government agencies can monitor compliance with the code, conduct inspections, and enforce penalties for non-compliance. Employers are responsible for implementing the provisions of the code and ensuring that workers are provided with safe and healthy working conditions. Employers can also work with government agencies to improve compliance and promote a culture of safety in their workplaces.
Workers can be empowered to report violations of the code, and their feedback can be used to improve working conditions and address any issues that may arise. Employers can also be encouraged to participate in compliance programs and to work with government agencies to ensure that they are following the code's provisions.
This can be achieved by increasing awareness and understanding of the code's provisions among workers and employers, and providing them with the necessary resources and infrastructure to ensure compliance.
Overall, the OSH Code, 2020 represents a significant step forward in protecting Indian workers and promoting a safe and healthy work environment. Its successful implementation will require a concerted effort by all stakeholders to ensure that workers are provided with the protections they deserve