The document summarizes the key aspects of the Occupational Safety, Health and Working Conditions Code, 2020 introduced in India. The Code consolidates 13 existing labor laws related to occupational safety, health, and working conditions. It expands the scope and coverage of existing laws. Some key changes include a single electronic registration and return filing system, increased thresholds for some welfare facilities, provisions for contract workers and women's employment, and increased penalties for violations of the Code.

1. CHAPTERS TITTLE
1 PRELIMINARY
2 REGISTERATION
3 DUTIES OF EMPLOYER AND EMPLOYEES
4 OCCUPATIONAL SAFETY AND HEALTH
5 HEALTH SAFETY AND WORKIING CONDITIONS
6 WELFARE PROVISIONS
7 HOURS OF WORK AND LEAVE WITH WAGES
8 MAINTENANCE OF REGISTERS, RECORD
9 INSPECTOR AND OTHER AUTHORITY
10 SPECIAL PROVISION RELATING TO EMPLOYMENT OF
WOMEN
11 SPECIAL PROVISIONS FOR CONTRACT LABOUR AND
INTER-STATE MIGRANT WORKER, ETC.
12 OFFENCES AND PENALITIES

3. The Occupational Safety, Health and Working Conditions Code,
2020 was introduced in Lok Sabha by the Minister of Labor and
Employment,Mr. Santosh Kumar Gangwar, on September19, 2020.
The Code consolidates 13 existing Acts regulating health, safety,
and working conditions. These include the Factories Act, 1948, the
Mines Act, 1952, and the Contract Labor (Regulation and Abolition)
Act,1970.

6. COVERAGE-
 The Code will apply to establishments employing
at least 10 workers. It will apply to all mines,
docks, and establishments carrying out any
hazardous or life-threatening activity (may be
notified by the central government).
 Certain provisions of the Code, such as health
and working conditions, apply to all employees.
Employees include workers and all other persons
earning wages for any work, including
managerial, administrative, or supervisory work.

7.  Establishments covered by the Code are
required to register within 60 days (of the
commencement of the Code) with registering
officers, appointed by the central or state
government.
 Factories may be required to obtain a license
to operate. The Code requires those hiring
workers such as beedi and cigar workers and
contract labourers to obtain licenses.

8.  Duties of employers include:
 providing a workplace that is free from hazards,
 providing free annual health examinations in notified
establishments, and
 informing relevant authorities in case any accident at the
workplace leads to death or serious bodily injury to any employee.
 Additional duties are prescribed for
employers in factories, mines, docks,
plantations, and building and construction
work, including provision of a risk-free work
environment, and instructing employees on
safety protocols.

9.  Duties include taking care of their own health
and safety, complying with safety and health
standards, and reporting unsafe work
incidents to the Inspector. Employees also
have certain rights including the right to
obtain information on safety and health
standards from the employer.

10.  The central and state governments will set up
Occupational Safety and Health Advisory
Boards at the national and state level.
 These Boards will advise the respective
government on the standards, rules, and
regulations to be framed under the Code.

11.  The government may require certain
establishments to constitute safety
committees in case of a certain class of
workers.
 The committees will be composed of
representatives of the employer and workers
and will function as a liaison between them.
 The number of representatives of workers in
the committee must not be less than that of
the employer.

12.  Working conditions will be notified by the
central government.
 Conditions may include hygienic work
environment, clean drinking water, toilets,
ventilation, and adequate lighting

13.  Welfare facilities such as canteens, first aid
boxes, and crèches, may be provided as per
standards notified by the central government.
Additional facilities may be specified for
factories, mines, docks, and building and
construction works, such as welfare officers
and temporary housing

14.  The Code includes three schedules containing
lists of:
(i) 29 diseases that the employer is required
to notify the authorities of, in case a worker
contracts them,
(ii) 73 safety matters that the government
may regulate, and
(iii) 40 industries involving hazardous
processes. The lists may be amended by the
central government.

15.  No worker will be required or allowed to work
in any establishment for more than eight
hours in a day. For overtime work, workers
must be paid at twice the rate of daily wages.
 Prior consent of workers is required for
overtime work. Women can work past 7 pm
and before 6 am, subject to any safety-
related or other conditions prescribed by the
government.

16.  Workers cannot be required to work for more
than six days a week. Further, they must
receive one day of leave for every 20 days of
work per year.

17.  An employer of an establishment shall—
(a) maintain register in prescribed form, electronically
or otherwise, containing such particulars of workers
as may be prescribed by the appropriate Government.
 Display notices at the work place of the workers in
such manner and form as may be prescribed by the
appropriate Government;
 (c) issue wage slips to the workers, in electronic
forms or otherwise; and
 (d) file such return electronically or otherwise to the
Inspector-cum-Facilitator in such manner and during
such periods as may be prescribed by the appropriate
Government.

18.  The government can appoint inspector-cum-
facilitators to conduct inspections and inquire
into accidents. They have certain additional
powers in case of factories, mines, docks, and
building and construction works, including:
(i) reducing the number of employees working
in sections of the establishment, and
(ii) prohibiting work in dangerous situations

19.  Women shall be entitled to be employed in all
establishments for all types of work under
this Code and they may also be employed,
with their consent before 6 a.m. and beyond
7 p.m. subject to such conditions relating to
safety, holidays and working hours or any
other condition to be observed by the
employer as may be prescribed by the
appropriate Government.

20.  The Code specifies various offences. An offence
that leads to the death of an employee will be
punishable with imprisonment of up to two
years, or fine up to five lakh rupees, or
both. Further, courts may direct that at least 50%
of such fine be given as compensation to the
heirs of the victim. For any other violation where
the penalty is not specified, the employer will be
punished with a fine between two and three lakh
rupees. If an employee violates provisions of the
Code, he will be subject to a fine of up to Rs
10,000. First-time offences which are not
punishable with imprisonment, can be settled for
up to 50% of the maximum fine.

21.  There shall be established by the appropriate
Government a social security fund for the welfare of
the unorganized workers to which there shall be
credited the amount received from composition of
the offence as specified in sub-section (4) of section
114 and the amount of the penalty as specified in
sub-section (6) of section 111.
 The fund shall be administered and expended for
welfare of the unorganized workers in such manner
as may be prescribed by the appropriate Government
including the transfer of the amount in the fund to
any fund established under any other law for the time
being in force for the welfare of the unorganized
workers.

22.  The appropriate government can exempt any
workplace or activity from the Code in case of
a public emergency, disaster, or pandemic for
up to a year. Further, the state government
can exempt new factories from the Code for
the specified period for creating more
economic activity and employment.

23. EARLIER
PROVISIONS
NEW
PROVISIONS

24. S.NO OLD NEW
1. Few Key Terminologies like
"Employee", "Employer" and
"Establishment" were defined
inconsistently in various Acts
and Rules.
•New definition of Employee
introduced with a wide coverage
•New definition of Employer
introduced covering Occupier of
a factory
•"Establishment" is now defined
to include factory, newspaper
establishment and plantation in
which more than ten workers are
employed.
2. Registration was required
separately under all the
previous labor laws.
One Electronic Registration for
every Establishment covered
under the Code.
3. Various returns required to be
filed under different Acts.
One Consolidated Return is
required to be filed under ease
of doing business.
4. The threshold for
Appointment of Welfare
Officer was 500 workers in a
Factory.
Now appointment of a Welfare
Officer is mandatory for 250
workers in a Factory, mine, and
Plantation.

25. S.NO OLD NEW
5. No provision existed for
mandatory welfare facilities
to inter-state migrant
workers.
Provision made for mandatory
welfare facilities to inter-state
migrant workers.
6. No Provision existed for
constitution of the National
Occupational Safety and
Health Advisory Board.
Now Central Government shall
constitute the National
Occupational Safety and Health
Advisory Board.
7. Annual leave with wages for
one day on every 20 days of
working by
Employees/workers existed
in previous Labor Laws.
Annual leave with wages
provision kept same in the
Code.
8. The threshold for the Crèche
facility was 30 Female
workers / employees.
Now threshold limit for crèche
facility increased up to 50
number of female workers /
employees.
9. The threshold for the
Canteen facility was 250
workers / employees.
Now threshold for Canteen
facility reduced up to 100
number of workers / employees.

26. S.NO OLD NEW
10. No provision for Women
Employment during night
shift.
New Clause introduced for the
employment of female employees
for working beyond 7 pm till 6
am with their consent and
conditions relating to safety,
holiday, working hours.
11. No Specific provision was
there for Workers employed
in Transport, Sales
Promotion and Journalism.
Special working hours and leave
requirements specified in the
code for Workers employed in
Transport, Sales Promotion, and
Journalism.
12. No Specific provisions in all
the previous Acts regarding
Overtime with Consent.
Now Overtime work can be taken
by the employer with consent of
worker/employee.
13. Offenses and Penalties had
less monetary fine and
imprisonment duration.
Now Stringent penalties with the
comparatively high monetary
amount and imprisonment
period.

27. S.NO OLD NEW
14. Threshold for Constitution of
Safety Committee and
appointment of Safety Officer
was 1000 workers.
Now there are following changes
in the threshold for Constitution
of Safety Committee and
appointment of Safety Officer.
•500 workers in Factory
•250 workers in a building and
other construction
•250 in a hazardous process
•100 workers in a mine.
15. Week Day off Provision
existed in all the previous
Acts.
Code introduced the provision
in a new manner: Workers
cannot be required to work for
more than 6 days/week and will
be entitled to one day off for
every 20 days of work & one day
off every week.
16. No provisions were there for
Leave encashment.
Now provision has been made
for entitlement of leave
encashment.