Anil Gopinath CMIOSH, MIIRSM

The draft Labour Code on Occupational Safety,

Health & working Conditions – India - 2018

Major 4 codes

• Code on Wages

• Code on Industrial Relations

• Code of Social Security

• Code on Occupational Safety, Health & Working Conditions

The draft Labour Code on Occupational Safety, Health &
working Conditions – India – 2018

Amalgamating 13 labour laws

(a) The Factories Act, 1948 (Act no. 63 of 1948)

(b) The Mines Act, 1952 (Act no. 35 of 1952)
(c) The Dock Workers (Safety, Health and Welfare) Act, 1986 (Act no. 54
of 1986)
(d) The Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996 (Act No. 27of1996)
(e) The Plantations Labour Act, 1951 (Act No. 69 of 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 News Paper Employees (Conditions
of Service and Misc. Provision) Act, 1955
(i) The Working Journalist (Fixation of rates of wages) Act, 1958
(j) The Motor Transport Workers Act, 1961
(k) Sales Promotion Employees (Condition of Service) Act, 1976
The draft Labour Code on Occupational Safety, Health &
working Conditions – India – 2018

Arrangement of Clauses

• Chapter I: Preliminary
• Chapter II: Registration
• Chapter III: Duties of Employer and Employees, etc.
• Chapter IV: Occupational Safety and Health
• Chapter V: Health and Working Conditions
• Chapter VI: Welfare Provisions
• Chapter VII: Hours of Work and Annual Leave with Wages
• Chapter VIII: Maintenance of Registers, Records and Returns
• Chapter IX: Facilitators and other Authority
• Chapter X: Special Provision to Employment of Women
Chapter XI - Special Provisions for Contract Labour and Inter
State Migrant Worker, etc.

• PART-I Contract Labour and Inter State Migrant Worker

• PART- II Audio-Visual Workers
• PART- III Mines
• PART- IV Beedi and Cigar Workers
• PART -V Building and other Construction Worker
• PART- VI Factory
The draft Labour Code on Occupational Safety, Health &
working Conditions – India – 2018

Arrangement of Clauses

• Chapter XII: Offences, Penalties and Procedure

• Chapter XIII: Miscellaneous
The draft Labour Code on Occupational Safety, Health &
working Conditions – India – 2018

SALIENT FEATURES

• This code applies to any Establishment employing 10 or more

employees

• Must Register with the Registering Officer (Ch-2.Cl-3)

• No employer can employ workers without registration (2.7)

• Appointment of Facilitators (IX.34)

• License requirement for both Employing Contractors & Supply

Contractors – Contract labour & inter state migrant workers
(X.I.46)
The draft Labour Code on Occupational Safety, Health &
working Conditions – India – 2018

SALIENT FEATURES…contd..

• General penalty for offences : punishable with imprisonment

for a term which may extend to three months or with fine
which may extend to one lakh rupees, or with both, and if the
contravention is continued after the conviction, then, with
further fine which may extend to two thousand rupees for each
day till the contravention is so continued.
• (XII.87)
The draft Labour Code on Occupational Safety, Health &
working Conditions – India – 2018

SALIENT FEATURES – OHS Standards

• The Central Government shall declare, by notification,

standards on occupational safety and health for work places
relating to factories, mines, dock work, building and other
construction work and other establishments. (IV.18 (1))
The draft Labour Code on Occupational Safety, Health &
working Conditions – India – 2018

SALIENT FEATURES – FACTORIES (joint Occupiers)

Where in any premises separate buildings are leased to

different occupiers for use as separate factories, the owner of
the premises shall be responsible for provision and
maintenance of —
(i) common facilities and services such as approach roads,
drainage, water supply, lighting and sanitation;
(ii) adequate staircases;
(iii) precaution in case of fire;
(iv) ensuring structural stability;
(v) hoists and lifts; and
(vi) any other common facilities as may be prescribed.
(XI-VI-73)
• Anil Gopinath CMIOSH, MIIRSM
Mob: 9947361678
E Mail: ceo@safetycatch.in