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The Occupational Safety Code, 2020 was passed and introduced in the Lok Sabha on 19 September 2020. This code was brought out to change the laws related to occupational, health and safety for workplaces. This code would be applicable to an organisation that has more than ten workers.
Occupational Safety Code checks into the safety and health of workers in a particular establishment.
This code will apply to the following institutions:
The Occupational Safety Code was initially brought out in 2019. This code was brought out to amend different forms of labour law legislations relating to health and safety in a particular premise.
The Central Government[1] had a clear notion to amend the code and merge more than ten different forms of labour law legislations.
In this code, the government has added key provisions which would apply to all industrial organisations with more than 10 workers. The key features off this code, is the introduction of technological aspects which would apply to organisations and industries.
With a view of merge and amend existing labour laws related to occupation, health and safety the Central Government decided to amend the following:
Hence the primary intention of the occupational safety code was to amend the above laws and make it applicable to all forms of industrial establishments.
The occupational, health and safety code was considered and passed by both houses of the parliament on 22 and 23 September 2020. Followed by this, the Occupational Safety Code received formal assent from the President on 28 September 2020.
Some of the provisions of this code would not be applicable immediately. As per the discussions of the Central Government this code, would be brought out by the government in a phased manner.
This would mean that due to the phased system of the code, different provisions of the code would be implemented on different days. For the proper implementation of the code, different schemes have to be appropriately drafted and implemented as per the requirements.
Under the Code, the Central Government has provided definitions for interpreting the provisions related to the code.
Under the occupational safety code, the meaning of wages will include the following:
With a view of ease of compliance, the Central Government brought out the code.
The following are the salient features of the code:
This would not apply to any form of institution or establishment which is already registered under any respective central government legislature or respective labour law code.
Apart from this, if there are any forms of material adverse changes in the management or shareholders of the establishment, then such change must be intimated electronically. The registering officer must carry out these changes within 30 days of the change taking place.
When it comes to closure of the establishment or the premises, the occupational safety code has a protocol for electronic intimation of the closure of the establishment. The closure of the establishment must be intimated electronically within 30 days of the closure. Apart from this the establishment must also ensure that all workers are paid as per the requirement of the law or statute in force.
Once this step is carried out the officer must ensure that the application for cancellation for registration of the establishment is carried out within 60 days.
This would apply to the following establishments:
Under this system, an application for a single license can also be made. Another benefit of this system is that the application process for the common license and the single license can be made electronically. This application has to be made electronically.
Unlike the previous legislations, the Occupational Safety Code 2020 has increased the penalties for non compliance of the provisions of the code. Such penalties if conducted would add some form of deterrence value to the penalty, so that such an offence is not carried out.
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