Occupational Safety, Health and Working Conditions Code, 2020

Different applicability thresholds based on establishment type.

• •Any industry, trade, business, manufacturing - in which ten or more workers are employed
• •Motor transport undertaking, newspaper establishment, audio-video production, building and other construction work or plantation - ten or more workers employed
• •Factory - 10 or more workers employed
• •Mines, ports - no threshold
• •No thresholds for hazardous and life threatening activities

One registration for establishment under this Code within 60 days.

• •Single window registration for establishments
• •Registration for establishments with 10 or more workers
• •Common license for factory, contract labour and beedi establishments
• •Validity period as prescribed by appropriate Government
• •Registration within 60 days of applicability date

Mandatory issuance of appointment letters to all employees.

• •Every employee to be issued an appointment letter
• •Letter to contain terms and conditions of employment
• •Applicable to all establishments covered under the Code
• •No exemptions based on worker category

Comprehensive duties of employers for workplace safety.

• •Provide and maintain safe workplace free from hazards
• •Provide information, instruction and training on safety
• •Provide personal protective equipment
• •Ensure welfare facilities for employees
• •Notify accidents and dangerous occurrences
• •Maintain health and safety records

Employees also have statutory duties for workplace safety.

• •Take reasonable care for health and safety of self and others
• •Report to employer any unsafe situation
• •Cooperate with employer in meeting statutory obligations
• •Not misuse any safety equipment provided
• •Comply with safety instructions

Maximum working hours reduced with overtime provisions.

• •Maximum 8 hours work per day (reduced from 9 hours under Factories Act)
• •Weekly and compensatory holidays mandatory
• •Annual leave with wages
• •Overtime at twice normal wages
• •Night shift provisions with safeguards

Women permitted to work in all establishments for all types of work.

• •Women can work in ALL establishments for ALL types of work
• •Night work (7 PM - 6 AM) permitted with safeguards
• •Employer must ensure safety, security, and dignity
• •Adequate transportation must be provided for night work
• •Consent of woman required for night shifts
• •No discrimination in recruitment or conditions

Revised framework for contract labour engagement.

• •Applicability threshold: 50 workers (increased from 20)
• •Work-specific license for contractors (project-based)
• •Contract labour prohibited in core activities with 3 exceptions
• •Exceptions: Sudden increase in work, work not done by regular workers, intermittent work
• •Principal employer responsible for wage payment on contractor default
• •Duties matrix clearly defined between principal employer and contractor

Mandatory welfare provisions for employees.

• •Cleanliness and disposal of wastes
• •Adequate ventilation and temperature control
• •Sufficient lighting (natural and artificial)
• •Potable drinking water
• •Sufficient latrines and urinals (separate for men and women)
• •Washing facilities and locker rooms
• •Canteen where 100+ workers employed
• •First-aid facilities and medical examination
• •Crèche where 50+ women employed
• •Annual health checkup for hazardous processes

Special provisions for migrant workers with portable benefits.

• •Self-declaration based registration via Aadhaar
• •Portability of benefits across states
• •Annual journey allowance (corrected from one-time)
• •Equal treatment with local workers
• •Toll-free helpline for grievances
• •Applicable to establishments with 10+ inter-state migrants

Government can declare any premises a factory.

• •Appropriate Government can declare any premises as a factory
• •Applicable regardless of number of workers employed
• •Used to extend safety protections to high-risk premises
• •Notification-based power

Central advisory body on occupational safety.

• •National Occupational Safety and Health Advisory Board at Central level
• •State Boards at state level
• •Advisory role on policy and standards
• •Representation of employers, workers and experts