Occupational Safety, Health and Working Conditions Code, 2020, Summaries of Law

Download Occupational Safety, Health and Working Conditions Code, 2020 and more Summaries Law in PDF only on Docsity!

MODULE 3:

WELFARE, HEALTH AND

SAFETY OF WORKERS

Presented by Nikita B Talukdar

01 The Occupational Safety, Health and Working Conditions Code, 2020 : About, Objectives 02 Chapter 2, 3, 4 of code 03 Registration, Duties, National/state Advisory Boards Chapter 5,6, 7 of code 04 Health, working and welfare conditions; Working hours, leaves;

TABLE OF CONTENTS

Definitions: Appropriate govt., Factory, Worker, occupier, Manufacturing process, hazardous process

● (^) The Occupational Safety, Health and Working Conditions Code, 2020 seeks to consolidate and modify the laws regulating the occupational safety, health and working conditions. ● (^) It replaces a whole bunch of labour laws (13 labour laws) most notably, the Factories Act, 1948 ; the Mines Act, 1952 and the Contract Labour (Regulation and Abolition) Act, 1970 apart from the following: About OHSC 2020

1. The Factories Act, 1948,
2. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979;
3. The Mines Act, 1952, 4.. The Plantations Labour Act, 1951
4. The Contract Labour (Regulation and Abolition) Act, 1970,
5. The Dock Workers (Safety, Health and Welfare) Act, 1986;
6. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. 8.. The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981;

Acts repealed by OHSC 2020

● (^) The code applies to Establishment. S. 2 (v) of OSHWC 2020 "establishment" means— 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 (Registration), 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: Applicability

● (^) 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:

DEFINITIONS

02

S. 2 ( w ) “Factory"

"factory" means any premises

including the precincts thereof—

( ii ) whereon 40 or more workers are

working, or were working on any day of the preceding twelve months,, ( i ) whereon 20 or more workers are working, or were working on any day of

the preceding twelve months,

For Carrying manufacturing process with the aid of power, For carrying manufacturing process without the aid of power

Manufacturing Process (S. 2

zi)

02

S. 2 (zi) Manufacturing process means any process for —

( i ) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; or ( ii ) pumping oil, water, sewage or any other substance; or ( iii ) generating, transforming or transmitting power; or ( iv ) composing, printing, printing by letter press, lithography, offset, photogravure screen printing, three Dimensional or four Dimensional printing, prototyping, flexography or other types of printing process or book binding; or ( v ) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or ( vi ) preserving or storing any article in cold storage; or ( vii ) such other processes as the Central Government may notify;

● Therefore, lands would be deemed to be included in the premises and such lands in

which a process of manufacture (salt work) is carried on would be deemed to be a

factory. (State of Bombay v. Ardeshir Hormusji Bhiwandiwala, 1956)

● In order to cover an establishment under the expression factory it is not

necessary that the manufacturing process must be carried on the whole of

the building, place or premises but it is sufficient for the purposes if the

manufacturing process is being carried on in any part of that establishment.

CASE LAWS

01 02 03 04 05 Index  (^) FACTS:  (^) Ms. Golden tobacco pvt. ltd. had their head office and main factory at Bombay where they manufactured cigarettes.  (^) The appellant was occupier and manager of the company’s premises at eluru in Andhra Pradesh where sun-cured country tobacco purchased from the local producers was collected , processed and stored then transported to the company’s factory at Bombay.  (^) The question before the supreme court in appeal was whether the company’s premises in Andhra Pradesh constituted factory within the meaning of section 2(m) of the factories act.  (^) The material on record had shown that in company's premises in ap sun cured tobacco leaves were subjected to the process of moistening, stripping and packing.

V.P GOPALA RAO V. PUBLIC PROSECUTOR, ANDHRA

PRADESH (AIR 1970 SC66):

01 02 03 04 05 Index

Held:

 The court considered the definition of factory contained in section

2(m) of the act and held that manufacturing process were carried

on in the premises.

 The definition was widely worded.

 The moistening was an adaptation of the tobacco leaves. All these

processes were manufacturing process.