The Safety Imperative
The Occupational Safety, Health and Working Conditions Code, 2020 consolidates 13 central labour laws into a unified framework governing workplace safety and working conditions. From the Factories Act to the Contract Labour Act, from the Inter-State Migrant Workmen Act to the Mines Act, this Code brings disparate safety regimes under one roof.
For employers, this consolidation does not mean relaxation. If anything, the Code imposes clearer, more comprehensive duties with enhanced penalties for violation. Understanding these obligations and building compliance systems is essential for any establishment within the Code's scope.
Scope and Applicability
The Code applies to establishments employing 10 or more workers where any manufacturing process is carried on with the aid of power, or 20 or more workers where manufacturing is carried on without power. It also covers mines, docks, plantations, building and construction work, and motor transport undertakings.
Contract labour is explicitly included. Principal employers bear responsibility for ensuring that contract workers receive the same safety protections as directly employed workers. Attempts to insulate the principal employer through contractual arrangements do not diminish statutory responsibility.
The Duty of Care
Every employer must ensure, so far as is reasonably practicable, the health, safety, and welfare of all workers. This general duty encompasses providing a working environment free from hazards, proper maintenance of plant and machinery, safe systems of work, and adequate training and supervision.
The phrase "reasonably practicable" is not an excuse for inaction. It requires balancing the likelihood and severity of harm against the cost and feasibility of preventive measures. Where the risk is significant and the preventive measure is feasible, the measure must be taken regardless of cost considerations.
Specific Obligations
Beyond the general duty, the Code specifies particular requirements. Adequate ventilation, temperature control, dust and fume extraction, and natural and artificial lighting must be provided. Drinking water, latrines, urinals, and washing facilities meeting prescribed standards are mandatory.
First aid facilities must be maintained, with trained first aiders available during working hours. Establishments above prescribed thresholds must maintain ambulance rooms and, in some cases, occupational health centres with qualified medical staff.
Safety Committees
Establishments with 500 or more workers must constitute a Safety Committee comprising representatives of management and workers in equal numbers. The Committee's functions include reviewing safety policies, investigating accidents, recommending safety measures, and promoting worker awareness.
Do not treat the Safety Committee as a formality. A functioning committee that genuinely engages with safety concerns identifies hazards before they cause harm. Worker participation brings ground-level knowledge that management may lack. The committee structure creates shared responsibility for safety outcomes.
Safety Officers
Establishments meeting prescribed criteria must appoint qualified Safety Officers. The Safety Officer's duties include advising management on safety matters, investigating accidents, conducting safety audits, training workers, and maintaining safety records.
The Safety Officer must have access to all workplace areas and information necessary to perform these duties. Restricting access or information undermines the position's purpose. Support your Safety Officer with resources and authority commensurate with their responsibilities.
Working Hours and Welfare
Daily working hours cannot exceed eight hours. Weekly working hours are capped based on establishment type, generally at 48 hours. Overtime is permitted but cannot exceed the prescribed limits, and overtime wages at double the ordinary rate apply.
Rest intervals, weekly holidays, and annual leave entitlements are prescribed. Compensatory holidays must be granted where work is required on scheduled holidays. Maintain accurate records of working hours, rest periods, and leave to demonstrate compliance.
Women Workers
Women are permitted to work in all establishments, including during night shifts, subject to adequate safeguards including transportation and security. No discrimination in recruitment or working conditions on grounds of sex is permitted.
Establishments with 50 or more workers must provide crèche facilities for children below six years of age. The crèche must meet prescribed standards and be within a reasonable distance from the workplace.
Contract Labour Provisions
Principal employers engaging contract labour bear responsibility for wages payment when the contractor defaults. They must ensure that contract workers receive provident fund, bonus, and other statutory benefits.
More fundamentally, safety protections extend fully to contract workers. The argument that contract workers are "not our employees" does not insulate principal employers from safety liability. Every worker on your premises, regardless of employment relationship, is entitled to a safe workplace.
Inter-State Migrant Workers
Establishments employing inter-state migrant workers face additional obligations. Displacement allowance, journey allowance, and ensuring wages and benefits equivalent to local workers for similar work are mandatory. Registration requirements apply.
The Code's recognition of migrant worker vulnerability reflects the reality of India's labour markets. Compliance is not merely legal obligation but ethical responsibility toward workers who have left their homes seeking livelihood.
Inspections and Penalties
Inspector-cum-Facilitators have powers to enter premises, examine equipment, take samples, and issue directions. They combine the traditional inspection function with a facilitative role, advising establishments on compliance.
Penalties under the Code are substantial. Offences causing death attract imprisonment up to two years and fines up to Rs 5 lakh. Obstructing inspectors, falsifying records, or repeat offences attract enhanced penalties. Directors and managers can be held personally liable.
Building a Safety Culture
Compliance begins with commitment. Senior management must visibly prioritise safety. Resources must be allocated. Systems must be built. But ultimately, safety requires a culture where every worker, from boardroom to shop floor, understands their role in maintaining safe conditions.
Invest in training. Not just compliance training, but genuine safety education that helps workers recognise hazards and respond appropriately. Encourage reporting of near misses and concerns without fear of retaliation. Investigate incidents to learn and improve, not to assign blame.
