Labour ministry seeks stakeholders' comments on draft rules under OSH Code

The labour ministry has sought feedback of stakeholders on the draft rules under the Occupational Safety, Health and Working Conditions (OSH) Code, 2020.

The feedback can be provided within 45 days starting Thursday (November 19). Thereafter, the ministry would finalise the rules to implement the OSH Code.

"The Ministry of Labour and Employment has notified the draft rules under the Occupational Safety, Health and Working Conditions Code, 2020, on November 19, 2020, inviting objections and suggestions, if any, from the stakeholders," the ministry statement said on Friday.

According to the statement, the objections and suggestions are required to be submitted within 45 days from the date of notification of the draft rules.

The draft rules provide for operationalisation of provisions in the Code related to safety, health and working conditions of the dock workers, building or other construction workers, and mines workers, among others.

The draft rules provide for appointment letter in prescribed format including designation, category of skill, wages, avenue for achieving higher wages or higher position to every employee of an establishment within three months of coming into force of the rules.

According to the draft rules, no employee shall be employed in any establishment unless he has been issued a letter of appointment.

It also made provision for annual health examination to be conducted by the employer free of cost for every worker of factory, dock, mine and building or other construction work, who has completed 45 years of age.

Provision has also been made in the rules for journey allowance once a year.

It also provides for single electronic registration, licence and annual integrated return for an establishment.

An all-India single licence for contractor supplying or engaging contract labour in more than one state for five years has been provided as against work order-based licensing at present.

Prohibition of employment of contract labour for core activity of an establishment and classification of core and non-core activities, are also provided in the OSH Code.

Rules regarding payment of wages to contact labourers provide that the contractor shall fix the wage periods and no wage period shall exceed one month.

Besides, the wages of every person employed as contract labour in an establishment or by the contactor shall be paid before the expiry of seventh day after the last day of the wage period.

It also provides the wages shall be disbursed through bank transfer or electronic mode only.

Under the rules, safety committees have been made mandatory for every establishment employing 500 or more workers to provide an opportunity for the workers to represent their concern on occupational safety and health matters.

Rules have been provided for composition and functions of safety committees.

The rules has been made regarding conditions related to safety of women employment in all establishment for all type of work before 6 am and beyond 7 pm with their consent.

It provides that for calculating overtime on any day, a fraction of an hour between 15 to 30 minutes shall be counted as 30 minutes. Currently, less than 30 minutes is counted as no overtime.

Mines rules have also been simplified and integrated with the Occupational Safety, Health and Working Conditions rules.