Friends, please find attached the Bill in respect of The Occupational Safety, Health and Working Conditions Code, 2019, introduced in Lok Sabha today. It simplifies, amalgamates, and rationalizes the provisions of thirteen enactments in the aforesaid areas and comprises them in a concise volume with certain important changes. These enactments are:
(a) The Factories Act, 1948;
(b) The Mines Act, 1952;
(c) The Dock Workers (Safety, Health and Welfare) Act, 1986;
(d) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996;
(e) The Plantations Labour Act, 1951;
(f) The Contract Labour (Regulation and Abolition) Act, 1970;
(g) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979;
(h) The Working Journalist and Other Newspaper Employees (Conditions of Service and Miscellaneous Provision) Act, 1955;
(i) The Working Journalist (Fixation of Rates of Wages) Act, 1958;
(j) The Motor Transport Workers Act, 1961;
(k) The Sales Promotion Employees (Conditions of Service) Act, 1976;
(l) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966;
(m) The Cine Workers and Cinema Theatre Workers Act, 1981.
Salient Features of the Code
The salient features of the said Code, inter alia, provide for the following:
(i) To impart flexibility in adapting dynamic factors and technological changes in matters relating to health, safety, welfare, and working conditions of workers.
(ii) To apply the provisions of the proposed Code for all establishments having ten or more workers, other than the establishments relating to mines and docks.
(iii) To expand:
(a) The ambit of the provisions relating to working conditions of cine and theatre workers to include them in the digital audio-visual workers encompassing all forms of electronic media.
(b) The scope of journalists to include them in electronic media such as in e-paper establishments or in radio or other media.
(c) The scope of inter-state migrant workers to include therein the workers recruited or engaged by an employer directly, from one state to another state for employment in his establishment.
(d) The definition of "family" to include therein the dependent grandparents in order to take care of them in old age.
(iv) To provide the concept of "one registration" for all establishments having ten or more employees.
(v) To constitute "the National Occupational Safety and Health Advisory Board" to give recommendations to the Central Government on policy matters relating to occupational safety, health, and working conditions of workers.
(vi) To constitute "the State Occupational Safety and Health Advisory Board" at the state level to advise the State Government on such matters arising out of the administration of the proposed Code.
(vii) To make a provision for the constitution of a "Safety Committee" by the appropriate Government in any establishment or class of establishments.
(viii) To allow women employees to work at night, that is, beyond 7 PM and before 6 AM, subject to the conditions relating to safety, holiday, working hours, and their consent.
(ix) To make a provision of "common license" for factory, contract labour, and beedi and cigar establishments and to introduce the concept of a single all-India license for five years for engaging the contract labour.
(x) To enable the courts to give a portion of monetary penalties up to fifty percent to the worker who is a victim of an accident or to the legal heirs of such a victim in the case of his death.
(xi) To make a provision for adjudging the penalties imposed under the Code.
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From India, Malappuram
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1446(a) The Factories Act, 1948;
(b) The Mines Act, 1952;
(c) The Dock Workers (Safety, Health and Welfare) Act, 1986;
(d) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996;
(e) The Plantations Labour Act, 1951;
(f) The Contract Labour (Regulation and Abolition) Act, 1970;
(g) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979;
(h) The Working Journalist and Other Newspaper Employees (Conditions of Service and Miscellaneous Provision) Act, 1955;
(i) The Working Journalist (Fixation of Rates of Wages) Act, 1958;
(j) The Motor Transport Workers Act, 1961;
(k) The Sales Promotion Employees (Conditions of Service) Act, 1976;
(l) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966;
(m) The Cine Workers and Cinema Theatre Workers Act, 1981.
Salient Features of the Code
The salient features of the said Code, inter alia, provide for the following:
(i) To impart flexibility in adapting dynamic factors and technological changes in matters relating to health, safety, welfare, and working conditions of workers.
(ii) To apply the provisions of the proposed Code for all establishments having ten or more workers, other than the establishments relating to mines and docks.
(iii) To expand:
(a) The ambit of the provisions relating to working conditions of cine and theatre workers to include them in the digital audio-visual workers encompassing all forms of electronic media.
(b) The scope of journalists to include them in electronic media such as in e-paper establishments or in radio or other media.
(c) The scope of inter-state migrant workers to include therein the workers recruited or engaged by an employer directly, from one state to another state for employment in his establishment.
(d) The definition of "family" to include therein the dependent grandparents in order to take care of them in old age.
(iv) To provide the concept of "one registration" for all establishments having ten or more employees.
(v) To constitute "the National Occupational Safety and Health Advisory Board" to give recommendations to the Central Government on policy matters relating to occupational safety, health, and working conditions of workers.
(vi) To constitute "the State Occupational Safety and Health Advisory Board" at the state level to advise the State Government on such matters arising out of the administration of the proposed Code.
(vii) To make a provision for the constitution of a "Safety Committee" by the appropriate Government in any establishment or class of establishments.
(viii) To allow women employees to work at night, that is, beyond 7 PM and before 6 AM, subject to the conditions relating to safety, holiday, working hours, and their consent.
(ix) To make a provision of "common license" for factory, contract labour, and beedi and cigar establishments and to introduce the concept of a single all-India license for five years for engaging the contract labour.
(x) To enable the courts to give a portion of monetary penalties up to fifty percent to the worker who is a victim of an accident or to the legal heirs of such a victim in the case of his death.
(xi) To make a provision for adjudging the penalties imposed under the Code.
Thanks
From India, Malappuram
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Occupational Safety, Health & Working Conditions Code 2020.pdf