Major Changes in the Occupational Safety, Health and Working Conditions Code, 2020

Provision	Old laws	OSH Code 2020	Remarks
Establishment	Presently, our establishment is covered under AP Shops & Establishments Act, which is not amalgamated in this code.	The main heading of this Code states: “An Act to consolidate and amend the laws regulating the occupational safety, health and working conditions of the persons employed in an establishment and for matters connected therewith or incidental thereto”. Sec 2 (v) – Establishment: (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 Govt: Provided further that notwithstanding any threshold provided in the definition of factory in clause (w), for the purposes of Chapter II, the establishment specified in sub-clause (i) or sub-clause (ii) or sub-clause (iii) shall be deemed to be the establishment within the meaning of this clause though the number of employees employed are ten or more;	As per Sec (zh) of this Code, "major port" means a major port as defined in clause (8) of section 3 of the Indian Ports Act, 1908;   The definition of Establishment covers “Port”, but not “major port”.
Registration	Multiple registration for all amalgamated 13 Acts as per requirement	Sec.3. (1) Every employer of any establishment,— (a) which comes into existence after the commencement of this Code; and (b) to which this Code shall apply, shall, within sixty days from the date of such applicability of this Code, make an application electronically to the registering officer appointed by the appropriate Government (hereinafter referred to as the registering officer) for the registration of such establishment:	The Code envisages, at a national level, all establishments (whether a factory or a commercial establishment) to obtain a single registration within 60 days from the date of applicability of the OSH Code
Employment of women.	At present, a specific notifications was issued by State Governments to provide an exemption for women to work more than 9 hours in a day and to work beyond the hours of 6 a.m. to 7 p.m., subject to the condition that women will not be permitted to work between 10 p.m. and 5 a.m.	Sec. 43. Women shall be entitled to be employed in all establishments for all types of work under this Code and they may also be employed, with their consent before 6 a.m. and beyond 7 p.m. subject to such conditions relating to safety, holidays and working hours or any other condition to be observed by the employer as may be prescribed by the appropriate Government.	Gender inclusive
Contract Labour   CLRA = Contract Labour (Regulation & Abolition) Act 1970	Sec. 1. (4) of CLRA It applies-- (a) to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour; (b) to every contractor who employees or who employed on any day of the preceding twelve months twenty or more workmen:	Sec. 45. (1) This Part shall apply to— (i) every establishment in which fifty or more contract labour are employed or were employed on any day of the preceding twelve months through contract; (ii) every manpower supply contractor who has employed, on any day of the preceding twelve months, fifty or more contract labour.	Unlike the CLRA, which allows State Governments the flexibility to modify the threshold for applicability of the CLRA, the OSH Code provides a single unified threshold without granting State Governments the ability to modify it.
Licensing of contractors	Sec. 12. of CLRA - Licensing of contractors.- (1) With effect from such date as the appropriate Government may, by notification in the Official Gazette, appoint, no contractor to whom this Act applies, shall undertake or execute any work through contract labour except under and accordance with a license issued in that behalf by the licensing officer.   (2) Subject to the provisions of this Act, a license under sub-section (1) may contain such conditions including, in particular, conditions as to hours or work, fixation of wages and other essential amenities in respect of contract labour as the appropriate Government may deem fit to impose in accordance with the rules, if any, made under Section 35 and shall be issued on payment of such fees and on the deposit of such sum, If any, as security for the due performance of the conditions as may be prescribed.	Sec. 47. (1) No contractor to whom this Part applies shall— (a) supply or engage contract labour in any establishment; or (b) undertake or execute the work through contract labour, except under and in accordance with a license issued to him by the authority referred to in sub-section (1) of section 119 in accordance with the provisions of that section after satisfying that the contractor fulfills such requisite qualifications or criteria as may be prescribed by the Central Government and such license shall, in addition to the requisite particulars and conditions specified in sub-section (3), specify the number of such contract labour who can be supplied or engaged and the amount of security to be deposited by the contractor. (2) Where the contractor does not fulfil the requisite qualifications or criteria referred to in sub-section (1), the authority referred to in sub-section (1) of section 119 may issue him a "work specific license" electronically renewable within such period as may be prescribed by the Central Government to supply or engage the contract labour, or execute the work through contract labour, only for the concerned work order as may be specified in such license and subject to such conditions as may be specified in such license.	The OSH Code introduced the concept of ‘work-specific license’ for project based work orders.     When a contractor receives work order from an establishment either to supply contract labour in the establishment or to execute the contract through contract labour in the establishment he shall, within such time and in such manner as may be prescribed, intimate to the authority referred to in section 119.
Liability of principal employer for contract labour welfare facilities.	Sec. 20. of CLRA - Liability of principal employer in certain cases.- (1) If any amenity required to be provided under Section 16, Section 17, Section 18 or Section 19 for the benefit of the contract labour employed in an establishment is not provided by the contractor within the time prescribed therefor, such amenity shall be provided by the principal employer within such time as may be prescribed.  (2) All expenses incurred by the principal employer in providing the amenity may be recovered by the principal employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.	Sec. 53. Welfare facilities specified under section 23 and section 24 shall be provided by the principal employer of the establishment to the contract labour who are employed in such establishment.	1. Principal employers are made responsible for providing the health, safety, working conditions and  welfare facilities prescribed in the code   2. Does not provide for a statutory right to claim reimbursement from the contractor for such facilities. ·
Effect of employing contract labour from a non-licensed contractor	Sec. 9. Effect of non-registration.- No principal employer of an establishment, to which this Act applies, shall- (a)     in the case of an establishment required to be registered under Section 7, but which has not been registered within the time fixed for the purpose under that section, (b)     in the case of an establishment the registration in respect of which has been revoked under Section 8,  employ contract labour in the establishment after the expiry of the period referred to in clause (a) or after the revocation of registration referred to in clause (b) as the case may be.	Sec. 54. Where any principal employer of an establishment is employing contract labour through a contractor who is required to obtain a license under this Part, but he has not obtained such license, then, such employment shall be deemed to be in contravention of the provision of this Code.	Engaging non licensed contractor is amounts to contravention of this Code.
Responsibility and mode of Payment of wages to contract Labour	21. Responsibility for payment of wages.-   (1) A contractor shall be responsible for payment of wages to each worker employed by him as contract labour and such wages shall be paid before the expiry of such period as may be prescribed.  (2) Every principal employer shall nominate a representative duly authorised by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed.  (3) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the authorised representative of the principal employer. (4) In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor any contract as a debt payable by the contractor.	Sec. 55. (1) A contractor shall be responsible for payment of wages to each contract labour employed by him and such wages shall be paid before the expiry of such period as may be prescribed by the appropriate Government.   (2) Every contractor shall, make the disbursement of wages referred to in sub-section (1) through bank transfer or electronic mode and inform the principal employer electronically the amount so paid by such mode:   (3) In case the contractor fails to make payment of wages referred to in sub-section (1) within the prescribed period or makes short payment, then, the principal employer shall be liable to make payment of the wages in full or the unpaid balance due, as the case may be, to the concerned contract labour employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.   (4) The appropriate Government, in the event the contractor does not pay the wages to the contract labour employed by him, shall pass the orders of making payment of such wages from the amount deposited by such contractor as security deposit under the license issued by the licensing officer to the contractor, in such manner as may be prescribed by such Government.	Contractor should disburse wages through bank transfer or electronic mode and inform the principal employer electronically the amount so paid by such mode
Employer Duties	Section 7A of the Factories Acts explained about the duties of Occupier.	Important Duties of Employer Sec. 6. (1) Employer’s Duties : Every employer shall,— (a) ensure that workplace is free from hazards which cause or are likely to cause injury or occupational disease to the employees; (b) comply with the occupational safety and health standards declared under section 18 or the rules, regulations, bye-laws or orders made under this Code; (c) provide such annual health examination or test free of costs to such employees of such age or such class of employees of establishments or such class of establishments, as may be prescribed by the appropriate Government; (d) provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of the employees; (e) ensure the disposal of hazardous and toxic waste including disposal of e-waste; (f) issue a letter of appointment to every employee on his appointment in the establishment, with such information and in such form as may be prescribed by the appropriate Government and where an employee has not been issued such appointment letter on or before the commencement of this Code, he shall, within three months of such commencement, be issued such appointment letter; (g) ensure that no charge is levied on any employee, in respect of anything done or provided for maintenance of safety and health at workplace including conduct of medical examination and investigation for the purpose of detecting occupational diseases;
Employee’s Duties		Sec. 13. Employee’s Duties : Every employee at workplace shall,— (a) take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at the workplace; (b) comply with the safety and health requirements specified in the standards; (c) co-operate with the employer in meeting the statutory obligations of the employer under this Code; (d) if any situation which is unsafe or unhealthy comes to his attention, as soon as practicable, report such situation to his employer or to the health and safety representative and in case of mine, agent or manager referred to in section 67, safety officers or an official for his workplace or section thereof, as the case may be, who shall report it to the employer in the manner as may be prescribed by the appropriate Government; (e) not willfully interfere with or misuse or neglect any appliance, convenience or other thing provided at workplace for the purpose of securing the health, safety and welfare of workers; (f) not do, willfully and without reasonable cause, anything, likely to endanger himself or others; and (g) perform such other duties as may be prescribed by the appropriate Government.