9-13 module

Question 1

4 labour codes released in 2020

Answer 1

2020, which include:

The Occupational Safety, Health and Working Conditions Code
The Industrial Relations Code
The Code on Social Security
The Code on Wages

Question 2

REGISTRATION section 3

Answer 2

every employer of any establishment wto which this code applies to must put in an application to register within 60 days of this code coming into effect, the registering officer shall register the establishment and issue a certificate of registration electronically to the
employer

The employer of an establishment shall, within thirty days of the closing of the
establishment—
(a) inform the closing of such establishment; and
(b) certify payment of all dues to the workers employed in such establishment,

Provided that if the registering officer fails to cancel the registration certification of the
establishment under this sub-section within such sixty days, then the registration shall be deemed to have been cancelled and will be auto generated.

In case of registration being obtained by misrepresentation or suppression of any material fact shall
be deemed to be the contravention of the provisions of this Code for prosecution of the
employer under section 94 without affecting the registration and running of the establishment
and in case of clause (b) the registering officer may, after giving an opportunity to the
employer of the establishment to be heard, revoke the registration by an order and such
process for revocation shall be completed by the registering officer within sixty days from
coming into his notice the facts specified in clause

Question 3

scope and salient features of OSH

Answer 3

Scope
The OSH Code applies to a broad range of establishments, including factories, mines, plantations, and other workplaces employing ten or more workers, as well as to contract labor. It covers all employees across sectors, encompassing permanent, temporary, and contract workers, and aims to protect the health and safety of every individual engaged in formal and informal employment.

SALIENT FEATURES:
1. Uniform Standards for Health and Safety:
2. Worker Welfare and Facilities:
3. Working Hours and Leave:
4. Annual Health Check-ups:
5. Appointment of Safety Officers and Welfare Officers:
6. Penalties for Non-Compliance:
7. Formation of National and State Advisory Boards:

Question 4

Section 2(m) of OSH

Answer 4

Contract Labor Definition:

A “contract labor” worker is:
Employed to do work for or in connection with an establishment.
Hired by or through a contractor, possibly without the principal employer’s direct knowledge., can be migrant worker also
Exclusions from Contract Labor:

Does not include:
Workers who are regularly employed by the contractor.
Workers who meet these specific criteria:
Employed with mutually agreed employment terms (including permanent employment).
Receive regular pay increments.
Have social security and other welfare benefits as per existing laws.

Question 5

employer section 2(u)

Answer 5

An “employer” is:
- Any person who employs one or more employees, either directly or through someone else, for their establishment.

• If the establishment is run by a government department:
  —-The authority appointed by the department head, or if no authority is specified, the head of the department acts as the employer.
• If the establishment is run by a local authority:
  —-The Chief Executive of that local authority is considered the employer.

Including-
The occupier of the factory is deemed the employer.
and
The owner, agent, or manager of the mine as defined under the law is considered the employer.
among others

Question 6

section 2(t)

Answer 6

An “employee” is:

Any person (excluding apprentices under the Apprentices Act, 1961) hired by an establishment for wages to perform:
Skilled, semi-skilled, or unskilled work.
Manual, operational, supervisory, managerial, administrative, technical, clerical, or other types of work.

Employment terms can be either explicit or implied. includesA person who is declared an employee by the government.

Exclusions:
Does not include members of the Armed Forces of the Union.

Special Definition for Mines:
For a mine, an “employee” includes any person who works with or under the authority of the mine manager, owner, or agent. This includes both paid and unpaid work involving:
Mining related operations

Question 7

establishment definition

Answer 7

(i) a place where any industry, trade, business, manufacturing or occupation is carried on in which ten or more workers are employed; or
(ii) motor transport undertaking, newspaper establishment, audio-video production, building and other construction work or plantation, in which ten or
more workers are employed; or
(iii) factory, for the purpose of Chapter II, in which ten or more workers are employed, notwithstanding the threshold of workers provided in
clause (w); or
(iv) a mine or port or vicinity of port where dock work is carried out:
Provided that in sub-clauses (i) and (ii), the threshold of worker specified
therein shall not be applicable in case of such establishment or class of
establishments, in which such hazardous or life threatening activity is being
carried on, as may be notified by the Central Government

Question 8

2(w)

Answer 8

) “factory” means any premises including the precincts thereof—
(i) whereon twenty or more workers are working, or were working on any
day of the preceding twelve months, and in any part of which a manufacturing
process is being carried on with the aid of power, or is ordinarily so carried on; or
(ii) whereon forty or more workers are working, or were working on any
day of the preceding twelve months, and in any part of which a manufacturing
process is being carried on without the aid of power, or is ordinarily so carried
on,
but does not include a mobile unit belonging to the armed forces of the Union, railways
running shed or a hotel, restaurant or eating place

Question 9

section 2(zs)

Answer 9

“occupier” of a factory means the person who has ultimate control over the
affairs of the factory

Question 10

hazardous process

Answer 10

“hazardous process” means any process or activity in relation to an industry
or plantation specified in the First Schedule where, unless special care is taken, raw
materials used therein or the intermediate or finished products, bye-products,
hazardous substances, wastes or effluents thereof or spraying of any pesticides,
insecticides or chemicals used therein, as the case may be, would—
(i) cause material impairment to the health of the persons engaged in or
connected therewith, or
(ii) result in the pollution of the general environment;

Question 11

2(zz)

Answer 11

“principal employer”, where the contract labour is employed or engaged,
means—
(i) in relation to any office or Department of the Government or a local
authority, the head of that office or Department or such other officer as the
Government or the local authority, may specify in this behalf;
(ii) in a factory, the owner or occupier of the factory and where a person
has been named as the manager of the factory, the person so named;
(iii) in a mine, the owner or agent of the mine;
(iv) in relation to any other establishment, any person responsible for the
supervision and control of the establishment;

Question 12

“wages”

Answer 12

“wages” means all remuneration whether by way of salaries, allowances or
otherwise, expressed in terms of money or capable of being so expressed which
would, if the terms of employment, express or implied, were fulfilled, be payable to a
person employed in respect of his employment or of work done in such employment,
and includes,—
(i) basic pay;
(ii) dearness allowance; and
(iii) retaining allowance, if any,

Question 13

Duties of empl0yer section 6

Answer 13

1. Giving a Safe Workplace
2. Health and Welfare Facilities
3. Forestalling Occupation related Illnesses
4. Safety Training
5. Reporting of Mishaps and Risky Events
6. Compliance with Safety Principles
7. ensure the disposal of hazardous and toxic waste including disposal of
   e-waste;

Question 14

duties of an employer shall particularly in respect of factory, mines, dock, building or other section 6

Answer 14

The duties of an employer under the Occupational Health and Safety Code for factories, mines, docks, construction sites, and plantations include:

1. Providing and maintaining safe workplace systems and equipment.
2. Ensuring safety in handling, storage, and transport of materials.
3. Offering necessary information, training, and supervision to protect employee health and safety.
4. Maintaining workplaces in safe conditions with secure access and exit routes.
5. Ensuring a safe working environment with adequate welfare facilities.

Additionally, owners and agents of mines are jointly responsible for financial and other measures to ensure compliance with the Code and related regulations.

Question 15

Notice of
certain
accident. section 10

Answer 15

Accident Notification Requirement:

In cases where an accident at an establishment results in:
Death, Bodily injury preventing the person from working for 48+ hours following the accident., Any other specified type of accident as prescribed by the government.
Who Must Notify:
Mine: The employer, owner, agent, or manager.
Factory or Dock Work: The employer or manager.
Plantation, Construction, or Other Establishment: The employer.

The responsible person must send a notice to designated authorities as specified by the government, in a prescribed manner and timeframe.

Inquiry for Death-related Accidents:
For accidents causing death in plantations, construction sites, or other establishments:
The notified authority must conduct an inquiry within two months of receiving the notice.
If no authority is specified, the Chief Inspector-cum-Facilitator will assign an Inspector-cum-Facilitator to conduct the inquiry within the same period.

SAME MUST BE DONE UNDER SECTION 11 for dangerous occurances

Question 16

Section 12

Answer 16

NOTICE OF certain diseases

Employer’s Duty: If a worker contracts a disease listed in the Third Schedule, the employer must notify the designated authorities as per government guidelines.

Medical Practitioner’s Duty: Any doctor who treats a worker for a specified disease must report it in writing to the Chief Inspector-cum-Facilitator without delay, following prescribed guidelines.

Penalty for Non-Compliance: A doctor who fails to report may face a penalty of up to ₹10,000.

Question 17

Section 8 on the duties of designers, manufacturers, importers, or suppliers under the Occupational Safety, Health, and Working Conditions Code, 2020

Answer 17

Safety Requirements:

Those who design, manufacture, import, or supply articles for workplace use must ensure they are safe for workers when used properly.They must test the articles to verify safety.
Information Provision:

Ensure adequate information is available for safe use,
Imported articles should meet Indian standards, or if the foreign standard is higher, meet that.

Manufacturers should conduct research to reduce health risks from articles or substances used in factories.
Installation & Use:
Articles or substances must be installed safely and should not pose health risks when used in factories.
Usage Compliance:
Articles or substances are considered improperly used if used against the safety advice provided by the manufacturer.

In short, this section requires all involved parties to ensure products used in workplaces are safe, tested, and meet required standards, with adequate information provided for safe usage.

Question 18

Section 16: National Occupational Safety and Health Advisory Board - Key Points

Answer 18

Purpose & Role:

The Central Government (CG) will establish a National Occupational Safety and Health Advisory Board (referred to as “National Board” or NB).
This Board advises the CG on:
* Setting standards, rules, and regulations.
* Implementing Code provisions.
* Developing occupational safety and health policies and programs.

Notable composition:
Includes government officials like Director Generals of Factory Advice service, the DG of Mines Safety, Chairman of Central Pollution Control, , DG Health Services, and DG of ESI Corporation.

Also includes 5 representatives from employers, employees, professionals in relevant fields, and 5 experts in occupational safety.

Term & Responsibilities:
Some members, such as employer/employee representatives and experts, have a three-year term.
The CG will define the Board’s staffing needs, and advisory or technical committees can be created to support the Board’s functions.
Collaboration with States:

The NB will consult with State Governments on specific industry or regional matters, involving them as special invitees when necessary.

Question 19

section 17

Answer 19

Section 17: State Occupational Safety and Health Advisory Board - Summary

Purpose:

Each State Government (SG) will establish a State Occupational Safety and Health Advisory Board (SAB) to provide advice on matters related to the Code as referred by the SG.
Structure:

The SG will determine the SAB’s setup, procedures, and related details as needed.
Supporting Committees:

The SG may form various technical and advisory committees, including Site Appraisal Committees, with qualified members to support the SAB and SG in their duties.

Question 20

Section 18: Occupational Safety and Health Standards - Detailed Summary

Answer 20

Section 18: Occupational Safety and Health Standards - Detailed Summary

Authority and Scope:

The Central Government (CG) is responsible for creating and notifying occupational safety and health standards specifically for industries such as factories, mines, construction sites, beedi and cigar manufacturing, and other designated establishments. These standards aim to mitigate risks to employees’ health and safety across various workplaces.
Key Areas of Standards:

Hazard Control:
Standards will address physical, chemical, biological, and other workplace hazards. They aim to ensure that employees will not suffer long-term health issues or functional impairments even with consistent exposure to these risks.
Norms for Hazard Assessment:
- methods for identifying and assessing hazards that employees may face, symptoms of exposure, proper treatment measures, and guidelines for safe use or exposure to hazardous elements.

Exposure Monitoring and Medical Support:
The standards mandate regular monitoring of employees’ exposure to hazards, along with medical tests provided by the employer.
Medical examination protocols are defined to detect occupational diseases, with continuous monitoring available if required, even after an employee has left the job.
Evaluation Techniques:
Safety evaluation methods (such as safety audits, hazard and operability studies, fault analysis) must be adopted to regularly assess and mitigate risks within establishments.
Industry-Specific Safety:
Special provisions for safety in mines, factories, construction, and other industries to address unique risks in each type of work environment.

Amendments to Standards:
The CG has the authority to amend these standards as needed, based on recommendations from the National Board, after a 45-day notification period.
State Governments (SGs), with CG approval, may amend standards applicable to establishments within their jurisdiction if state-specific adjustments are required.
Additional Considerations:

Matters in the Second Schedule of the Code, which outlines specific occupational safety details, may be modified by the CG based on new findings or industry needs.

Question 21

Section 23: Responsibility of employer for maintaining health, safety and working
conditions

Answer 21

(1) Employer shall be responsible to maintain in his establishment such health, safety and
working conditions for the employees as may be prescribed by the CG.
● (2) Without prejudice to the generality ss (1)’s power, the CG may prescribe for providing
all.any of the following matters in the establishment/class of it, namely:—
○ (i)cleanliness and hygiene;
○ (ii)ventilation, temperature and humidity;
○ (iii)environment free from dust, noxious gas, fumes and other impurities;
○ (iv) adequate standard of humidi cation, arti cially increasing the humidity of the air,
ventilation and cooling of the air in work rooms;
○ (v)potabledrinking water;
○ (vi) adequate standards to prevent overcrowding and to provide suffcient space to
employees or other persons, as the case may be, employed therein;
○ (vii)adequate lighting;
○ (viii) suffcient arrangement for latrine and urinal accommodation to male, female and
transgender employee separately and maintaining hygiene therein;
○ (ix)e ectivearrangements for treatment of wastes and e uents; and
○ (x)anyotherarrangement which the Central Government considers appropriate

Question 22

section 22

Answer 22

Safety Committee:

The government can require certain workplaces to set up a Safety Committee.
The committee should have both employer and worker representatives. Importantly, there should be more worker representatives than employer ones.
The government will define how the committee should be formed and its purpose.
Safety Officers:

In large or hazardous workplaces, the employer must appoint Safety Officers.
The number of safety officers and their qualifications are decided by the government.
The following types of workplaces must have safety officers:
* Factories with 500 or more workers
* Factories involved in hazardous processes with 250 or more workers
* Construction sites with 250 or more workers
* Mines with 100 or more workers
The aim is to ensure that workplaces have mechanisms to monitor safety and health standards, involving both employers and workers in the process.

Question 23

Section 24:

Answer 23

Section 24: Welfare Facilities in Establishments (simplified)

Employer’s Responsibility: Employers must provide specific welfare facilities for employees, including:

• Separate washing and bathing areas for male, female, and transgender employees.
• Lockers and storage spaces for clothing and wet clothes.
• Sitting arrangements for workers who stand during work.
• Canteen facilities for establishments with 100 or more workers (including contract workers).
• Medical examinations for employees in mines before and during employment.
• First-aid kits available during working hours.
• Any other welfare measures that improve workers’ living conditions as decided by the government.

Additional Welfare Measures: The government can also require:

• Ambulance rooms in places with over 500 workers (like factories and mines).
• Restrooms or shelters for male, female, and transgender workers in establishments with 50+ workers, or places where workers must rest overnight.
• Welfare officers in workplaces with 250+ workers, with specific qualifications and duties.
• Temporary housing for building workers, provided near the worksite, with expenses covered by the employer.
• Creche Facility: In establishments with 50+ workers, a creche (nursery) should be provided for children under 6 years of employees. Alternatively, employees can use a shared creche facility from the government or private entities.

Question 24

Section 25:

Answer 24

Daily and weekly working hours, leave, etc.
- 8 hrs a day, no more and as notified by appropriate Authority
- For mines:
Workers underground cannot work more than a set number of hours each day.
Work must be done in shifts, with the shift duration not exceeding the daily limit.
Workers must follow the schedule recorded in a register.

Motor Transport Workers:
Their working hours include time spent driving the vehicle, subsidiary work (like accounts, ticket checking, and repairs, signing registers, loading and unloading the vehicle), and brief attendance at terminals.
“Running time” is the time the vehicle is in operation, excluding interruptions where workers are free.

Leave and Rest for Journalists and Sales Promotion Employees:

Journalists are limited to 145 hours of work in any 4-week period and must have at least 24 consecutive hours of rest every 7 days.

Sales promotion employees are entitled to paid leave, including earned leave and leave for medical reasons, with the possibility of cashing in unused leave when leaving or retiring.

If a worker dies in service, their heirs are entitled to leave compensation.
Adolescent Workers:

Their working hours are governed by the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.

Question 25

Section 26: Weekly and compensatory holidays

Answer 25

Weekly Rest Days:

No worker is allowed to work in an establishment for more than 6 days in a single week.

Exception for Motor Transport Workers:

If there is a disruption in motor transport services, an employer can require a worker to work on a weekly holiday.
However, the worker must not work for more than 10 consecutive days without a full day off in between.
Exemptions by the Appropriate Government (AG):

The AG may exempt certain workers from the 6-day work limit in a week, by issuing a notification, as long as specific conditions are met.
Compensatory Holidays:

If a worker is deprived of weekly holidays due to an exemption order:
The worker must be given compensatory holidays equal to the missed days.
These compensatory holidays should be provided within the same month the holidays were due or within the two months immediately following that month.

Question 26

section 27- overtime wages

Answer 26

There shall be paid wages- rate of twice the rate of wages- for overtime work- where a
worker works in an establishment/ class of it- for more than such hours of work in any
day/week- as may be prescribed CG + period of overtime work- calculated on a daily/weekly
basis- whichever more favourable- worker:
○ Provided that a worker shall be required to work overtime by the employer subject to
the consent of such worker for such work:
○ Provided further that the appropriate Government may prescribe the total number of
hours of overtime

Question 27

Section 28: Night shifts.

Answer 27

Section 28: Night shifts.
● Whereworkerin establishmentworksonashift which extends beyond midnight,—
○ (a) for the purposes of sec. 26, a weekly holiday for a whole day- in his case a period of
24 consecutive hours beginning when his shift ends;
○ (b)thefollowing day- deemedtobeperiod of 24hours beginning when shift ends, and
the hours worked after midnight shall be counted in previous da

Question 28

Section 29:

Answer 28

Prohibition of overlapping shifts
- work should not be carried out in an establishment in a system of shifts where more than 1 relay of workers engaged in work of the same kind at the same time.

subject to approval of authorities, by written order the above requirements may be exempted BUT only for establishments/workers that are not related to mining activity

Question 29

Section 30:

Answer 29

Section 30: Restriction on double employment in factory and mine.
● No worker- required or allowed to work in a mine/factory if he has already been working in
any other similar establishment within the preceding 12 hours, save in such circumstances as
maybeprescribed by AG.

Question 30

Section 31: Notice of periods of work

Answer 30

(1) displayed + correctly maintained- every establishment- notice of periods of work, showing
clearly for every day the periods during which workers may be required to work
(3) Any proposed change in the system of work in establishment which will necessitate a change in the notice referred to in (1)- intimated to the ICF before the change is made &
except with the previous sanction of the ICF, no such change made until one week has elapsed
since that last change.