Safety and health of employees

Spending money on management of health and safety in the workplace may sound unimportant, however it does not only ensure protecting employees, it also increases productivity. The subject of Occupational safety and health in organizations is important from point of view of legal, economic, and moral reasons.

Although Occupational safety, health was prevalent from yesteryears, The Occupational Safety, Health and Working Conditions Code, 2019 was enacted in 2019. The Act refers to the protection of workers from conditions that risk their overall well-being and conditions that affect their overall performance at work. The act not only involves the maintenance of good working conditions but also ensures protection of workers from risks that can adversely affect their health and safety.

The code has laid down guidelines and standards for work, safety and health measures the companies must follow and undertake on mandatory basis. The Code is applicable to manufacturing and services or any other establishment including mines and docks which are employing at least 10 workers. The code also makes special provisions for different types of workplace establishments and classes of employees, such as factories, mines, and building and construction workers.

 We have tried to cover up the some of the key points of the Act which are;

• The code is a consolidation of previous 13 Acts and Labour laws including but not limited to Factories Act, 1948, the Mines Act, 1952, and the Contract Labour (Regulation and Abolition) Act, 1970. 
• The code makes it mandatory that all establishments must be registered with registering officers. The Government have the right to ask few selected establishments, depending upon the type of activity, to set up safety committees which will include representatives of employers and workers. 
• The Government appointed Inspector-cum-facilitators will have rights to inquire about any accidents at the workplaces and also to conduct inspections of establishments after periodic intervals.
• The Act also states that the central and state governments will set up Occupational Safety and Health Advisory boards at the national and state level. These Advisory Boards will advise the central and state governments on the rules, and regulations.
• The code also sets code of conduct for employers and specifies several duties of employers. The rules include
• providing a workplace that is free from hazards that may cause injury or diseases,
• providing free annual health examinations to employees, as prescribed and
• In case of an accident at the workplace that leads to death or serious bodily injury of an employee, the employer must inform the relevant authorities.

 The act also lays down responsibilities and duties of employees. The duties of employees include;

• Taking due care of their own health and safety at the workplace,
• Complying with the laid down safety and health standards and

 Reporting unsafe situations to the inspector.

• Every employee must obtain from the from the employer, prescribed information related to safety and health standards 

The act also covers guidelines about Working Hours. However, work hours are supposed to be different depending upon type of establishment. The works hours will also be dependent upon Government or Private company. However, the employer should prescribe work hours and define overtime work.

The employee/worker must be paid twice the rate of daily wages. In case of female employee/workers, it is stipulated that, they must give their consent to work past 7pm and before 6am, if approved by the central or state government.

The act states that, no employee should work for more than six days a week. However, depending upon the type of work activities, the company may take prior approval.  All the employees/workers are entitled to receive paid annual leave for at least 20 days or 20 days as per the time spent on duty. The code also states that those employees who are engaged in sales promotion activities and involves travelling, they must get medical leave for at least one-eighteenth of the period of service.  The medical leave should be a paid leave they are entitled to get half of daily wage/salary.

The organizations must provide healthy and hygienic working conditions. The employer must provide hygienic work environment with basic facilities like ventilation, maintain levels of temperature and humidity, provide restrooms for male and females separately, clean drinking water and provide enough space. The employer must also conduct welfare facilities over and above the basic facilities as per standards prescribed by the central or state government.  These facilities includes separate bathing places and locker rooms for male female and transgender employees, (depending upon the type of work establishment) canteens, first aid boxes.

Under the Code, an incident that leads to the death of an employee will be an punishable offence with imprisonment of up to two years, or a fine up to five lakh rupees, or both. In certain cases, the courts may rule that at least 50% of such fine be given as compensation to the family of the victim.  There are other violations which attract penalty and are legally offendable. The employer may be penalised with a fine ranging from two and three lakh rupees and whereas in cases of violations of provisions of the Code, the fine of up to Rs. 10,000.

Apart from all these terms, the establishment are also monitored and are checked with respect to the quality of the premises; cleanliness; disposal of wastes and effluents; ventilation and temperature; dust and fume; artificial humidification; overcrowding; lighting; clean drinking water; latrines and urinals; and spittoons.

The act/code thereby ensures that the employer provides healthy and hygienic working conditions, working hours and abides by the rules and regulations. No organization can make rules which are non-beneficial to the workers/employees.