The Occupational Safety, Health and Working Conditions Code 2020, No 37 of 2020, Govt of India.

The gazette Notification of this Act which was passed by the parliament and received approval from the President (let’s call it ‘ Code’ going forward) was issue by the Central Govt on 29th September 2020. As the country was going through the war on Covid, its implementation by the States by drafting Rules for this Code at the state level was on the back burner. But now it has picked up speed. As of Today, we have draft rules in place in Tamil Nādu, Karnataka and Maharashtra.

There are five salient points that this progressive Code has. They are as follows,

• (143. (1)) The following enactments shall stand repealed on and from the dates the notification referred to in sub-section (2) of section 1 is issued, namely:—

(a) The Factories Act, 1948;

(b) The Plantations Labour Act, 1951;

(c) The Mines Act, 1952;

(d) The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955;

(e) The Working Journalists (Fixation of Rates of Wages) Act, 1958;

(f) The Motor Transport Workers Act, 1961;

(g) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966;

(h) The Contract Labour (Regulation and Abolition) Act, 1970;

(i) The Sales Promotion Employees (Conditions of Service) Act, 1976;

(j) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979;

(k) The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981;

(l) The Dock Workers (Safety, Health and Welfare) Act, 1986;

(m) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.

• (Clause67). Appointment of Medical Officer.- Registered Medical Practitioner on National Register / State Register can be appointment. However preference may be given to Doctors who have AFIH or equivalent qualification.
• (Clause 115) Every worker shall be examined by a Medical Practitioner within, 15 days of his first employment and re-examined at least once in every 12 calendar months.
• FORM-XXXVIII (See rule-152 (2) is specifically provided for employees above the age of 45. Their examination includes extensive investigations including TMT, Echocardiography, Audiometry, Chest X ray and blood tests once a Year.
• (Clause 115) Accessibility of Health Record of Workers. The occupier of every factory shall make available the health records to the employee including the record of exposure to hazardous process under the following conditions,

(a) Once in every year or immediately after the medical examination whichever is earlier;

(b) If the Factory Medical Officer or the Certifying Surgeon, as the case may be, is of the opinion that the worker has manifested signs and symptoms of any notifiable diseases as specified in the third schedule of the Act;

(c) If the worker leaves the employment

(d) If any authorities so direct.

So Records of Medica Examinations and Exposure measurements are to be maintained during and after the employment of the employee and he/she has to be provided access to them as and when required. Our estimate is that such records will have to be maintained for a period of at least 30 Years.

As our legal team of experts analyse the Code and State specific Rules we will continue to provide our interpretation and compliance requirements at regular intervals.

Please feel free to provide inputs and queries if any. We will try our level best to answer them.

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