The Government of Telangana has released the draft rules for implementing the Occupational Safety, Health and Working Conditions (OSHWC) Code, 2019, a major national legislation that consolidates India’s laws relating to workplace safety, employee health, and working conditions across establishments.
The Code was enacted to streamline and modernise disparate safety-related labour laws, ensuring safer and more hygienic work environments across sectors including factories, mines, dock work, construction, plantations, and motor transport. With Telangana now issuing its draft rules, the state takes a significant step toward operationalising these standards.
Broad Scope and Applicability of the Code
The OSHWC Code extends across the entire nation, with specific exclusions for beedi, cigar, and plantation-related provisions in the former state of Jammu & Kashmir. However, provisions relating to mines apply to all of India, including maritime zones such as territorial waters and the exclusive economic zone.
The Code becomes effective on dates separately notified for its various chapters, providing flexibility in phased implementation.
Notably, the Code does not apply to offices of Central or State Governments or to ships of war.
Registration of Establishments
A key part of the draft rules outlines mandatory registration requirements:
Deadlines for Registration
- Existing establishments: 60 days from commencement of the Code.
- Newly covered establishments: 45 days from applicability.
Applications must be submitted to a registering officer in the prescribed form, manner, and fee. Establishments are granted deemed registration if authorities fail to act within the stipulated time.
Changes and Closure
Employers must report:
- Any change in ownership or particulars within 30 days.
- Closure of the establishment, along with certification of dues payment to workers, within 30 days.
Revocation of Registration
Registrations may be revoked for:
- Violations of Code provisions
- Misrepresentation of facts
Once revoked or cancelled, the establishment may not employ any worker unless an appeal is filed and accepted.
Mandatory Notices Before Starting Operations
Factories, mines, contract labour establishments, and construction projects must notify the government before commencing any industry, business, or occupation. Electronic acknowledgment of such notices will be provided.
Duties of Employers: A Comprehensive Safety Mandate
The Code places extensive responsibilities on employers to ensure a safe work environment. This includes:
- Maintaining a workplace free of hazards likely to cause injury or occupational disease
- Complying with all health and safety standards under the Code
- Providing free annual health examinations for prescribed categories of employees
- Ensuring safe disposal of hazardous, toxic, and e-waste
- Issuing appointment letters to all employees
- Ensuring no charge is imposed on workers for safety-related facilities or examinations
- Taking responsibility for the safety of any person present within the work premises
For factories, mines, construction, docks, and plantations, employers must additionally ensure:
- Safe plant and machinery
- Safe handling, storage, and transport of materials
- Necessary training and supervision
- Safe access, exits, and working environments
Special Duties for Mines
Mine owners and agents bear joint and full responsibility for compliance with the Code. If a violation occurs, responsibility may also extend to managers, supervisory officials, and other designated personnel unless they prove they took reasonable steps to ensure compliance.
Designers, Manufacturers, and Importers of Machinery and Substances
Every person who designs, manufactures, or imports machinery or substances must ensure:
- Safe design and construction
- Necessary tests and examinations
- Clear information on safe usage
- Compliance with Indian safety standards or higher standards of the exporting country
They are also required to conduct research to minimise safety risks, especially for substances used in factories.
Responsibilities of Architects and Project Engineers
For building and construction projects, architects and designers must ensure safety considerations at the planning stage. Designs must avoid dangerous structures or hazardous materials and account for safe maintenance and upkeep after construction.
Accident, Dangerous Occurrence, and Disease Reporting
Employers must report:
Accidents:
- Any accident causing death
- Injuries preventing work for 48 hours or more
- Any other prescribed accident
Authorities must conduct an inquiry into fatal accidents within two months.
Dangerous Occurrences:
Any dangerous incident, regardless of injury, must be reported promptly.
Occupational Diseases:
Employers must notify if any worker contracts a disease listed in the Third Schedule.
Medical practitioners treating such cases must also report to authorities or face penalties up to ₹10,000 for non-compliance.
Duties and Rights of Employees
Employees must:
- Take reasonable care of their own health and safety
- Comply with safety standards
- Report unsafe situations
- Avoid misuse of safety equipment
- Not engage in actions that may endanger others
Employees also have the right to information regarding workplace safety and may report unsafe conditions to the employer or Inspector-cum-Facilitator, especially in cases of imminent danger.
Health and Working Condition Standards
Employers must ensure conditions prescribed by the Central Government, including:
- Cleanliness and hygiene
- Adequate ventilation, temperature, and humidity
- Dust-free, fume-free environment
- Potable drinking water
- Adequate space and prevention of overcrowding
- Lighting
- Separate and hygienic sanitary facilities for men, women, and transgender persons
- Effective waste and effluent treatment
Major Labour Laws Repealed
The OSHWC Code replaces 13 existing laws, including:
- Factories Act, 1948
- Mines Act, 1952
- Contract Labour Act, 1970
- Inter-State Migrant Workmen Act, 1979
- BOCW Act, 1996
- Plantations Labour Act, 1951
- Motor Transport Workers Act, 1961
- Beedi and Cigar Workers Act, 1966
- Working Journalists Acts (1955, 1958)
- Dock Workers Act, 1986
- Cine Workers Acts
This consolidation aims to simplify compliance and create uniform safety standards across sectors.