THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITION CODE, 2019

1. Scope
The Code is applicable to all establishments where any industry, trade, business, manufacture
or occupation is carried on in which ten or more workers are employed; or

a factory, motor transport undertaking, newspaper establishment, audio-video production,

building and other construction work or plantation in which ten or more workers are employed;
or a mine or dock work (collectively "Establishments").

Therefore, services sector, manufacturing and any other business or trading activity will all be
regulated under one common Code.1

POWER OF INSPECTOR
Section 35 of the occupational safety, health and working condition code, 2019.

In addition to registering officers with whom the Establishments need to register, the Code also
provides for appointment of Inspector-cum-Facilitators ("Inspectors"), Medical Officers, safety
committee etc., for effective enforcement of the Code. In addition to the powers relating to
inspection, search, inquiry, seizure etc., Inspectors are also empowered to supply information
and sensitize employers and workers on provisions of the Code.

The Code has empowered the Inspectors to conduct web-based inspections. They will be
authorized to impose search and seizure warrants upon employers.

The Code has also allowed the Central and the State Government to constitute the National and
State Occupational Safety and Health Advisory Boards at their respective levels, for, inter alia,
advising the relevant Government on matters related to health and safety.

PROVISIONS RELATING TO HEALTH FOR EMPLOYEES

Section 22 giving discretionary power to the government to set up Safety Committee, while
this is a statutory requirement for every hazardous unit under the Factories Act of 1948.

1
http://www.mondaq.com/india/x/843194/Health+Safety/The+Occupational+Safety+Health+And+Working+Co
nditions+Code+2019
Section 83 giving state governments power to "prescribe" maximum permissible limits of
workers' exposure to chemical and toxic substances, while the 'second schedule' of the Factories
Act of 1948 specifies this and,

section 125 and 126 giving extensive powers to governments to make rules for implementing
the Code, including those relating to health and safety matters. He also points out the absence
of safeguards for dealing with e-waste and other such toxic and hazardous substances.

Section 47(2) empowers the government to give "work-specific license", which could be
renewed within such period as may be prescribed, "where the contractor does not fulfil the
requisite qualifications or criteria" for supplying or engaging contract labour.2

2
https://www.businesstoday.in/current/policy/worker-safety-code-bill-2019-occupational-safety-labour-laws-
working-conditions/story/368322.html