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Chapter V · OSH Code

Health, Safety and Working Conditions

This chapter has a single section. It makes the employer responsible for keeping health, safety and working conditions in the establishment up to the standards the Central Government prescribes, and lists the areas those standards can cover, from clean air and drinking water to lighting, space and separate toilets. The Code names the areas; the measurable standards come from rules notified by the government.

1 section ~1 min read Official text, PDF p. 25
Factory ownersHR managersAdmin and facility managersSafety officers

Key points

  1. 1The employer is responsible for maintaining health, safety and working conditions for employees in the establishment, as prescribed by the Central Government. §23
  2. 2The listed areas are cleanliness and hygiene; ventilation, temperature and humidity; freedom from dust, noxious gas and fumes; humidification and cooling of the air in work rooms; drinking water; space and prevention of overcrowding; lighting; toilets; and treatment of wastes and effluents. §23
  3. 3The Code fixes no figures here; the actual standards are as notified by the Central Government and can differ for different classes of establishments. §23
  4. 4Toilets are a named area: separate latrine and urinal accommodation for male, female and transgender employees, with hygiene maintained. §23
  5. 5The list is open-ended, because the Central Government can add any other arrangement it considers appropriate. §23
Earlier law:Factories Act, 1948Mines Act, 1952
23

Responsibility of employer for maintaining health, safety and working conditions

In plain words

The employer must keep health, safety and working conditions in the establishment up to the standards the Central Government prescribes, which can cover cleanliness, ventilation, temperature and humidity, dust and fume control, drinking water, space, lighting, toilets and waste treatment.

(1)

The employer shall be responsible to maintain in his establishment such health, safety and working conditions for the employees as may be prescribed by the Central Government.

(2)

Without prejudice to the generality of the power conferred under sub-section (1), the Central Government may prescribe for providing all or any of the following matters in the establishment or class of establishments, namely:—

(i)

cleanliness and hygiene;

(ii)

ventilation, temperature and humidity;

(iii)

environment free from dust, noxious gas, fumes and other impurities;

(iv)

adequate standard of humidification, artificially increasing the humidity of the air, ventilation and cooling of the air in work rooms;

(v)

potable drinking water;

(vi)

adequate standards to prevent overcrowding and to provide sufficient space to employees or other persons, as the case may be, employed therein;

(vii)

adequate lighting;

(viii)

sufficient arrangement for latrine and urinal accommodation to male, female and transgender employee separately and maintaining hygiene therein;

(ix)

effective arrangements for treatment of wastes and effluents; and

(x)

any other arrangement which the Central Government considers appropriate.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 25

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