OSH Code: Duties of Employers and Employees, Health and Welfare

The old Factories Act was built around detailed rules on fencing machines, ventilation and lighting. The OSH Code moves towards a duty-based model: it places general duties on employers and others who influence safety, gives workers rights to information and to report danger, and leaves technical detail to standards and rules. This note covers those duties and rights, the safety committees and officers, the welfare facilities and the constitutional cases that frame them.

1. Who Owes Which Duty

Duties under Chapter III

Figure 1: Duties under Chapter III

Hazard-free workplace. The core duty in s.6 is to ensure that the workplace is free from hazards that cause or are likely to cause injury or occupational disease, and to comply with the standards.
Health examination. Free annual health examination for employees of the prescribed age; the Government has announced this for workers above 40.
Appointment letter. Every employee must receive a letter of appointment on joining, giving written proof of employment.
No interference, s.15. No person may wilfully interfere with or misuse anything provided for safety, health or welfare.

2. Rights, Committees and Officers

Workers' rights and the safety machinery

Figure 2: Workers' rights and the safety machinery

Responsibility, s.23. The employer maintains health, safety and working conditions as prescribed, covering matters such as cleanliness, ventilation, lighting, drinking water, latrines, and protection against hazards.
Welfare, s.24. Washing, sitting and first-aid facilities, canteens, rest shelters and lunch rooms, creches and welfare officers, as prescribed for different establishments.

3. Constitutional and Judicial Background

Health and safety in the Supreme Court

Figure 3: Health and safety in the Supreme Court

Bhopal and its aftermath. The Bhopal gas disaster of 1984 led to the 1987 amendments to the Factories Act on hazardous processes, and to M.C. Mehta's rule of absolute liability.
Beneficial construction. Safety laws are construed in favour of protecting workers, and their duties are strict.

⚠ Exam trap

Know the thresholds: canteen 100 workers; creche over 50 workers; welfare officer 250 in factories, mines and plantations; safety officers in factories with 500 workers, hazardous-process factories and construction sites with 250, and mines with 100. The employer must give an appointment letter to every employee and a free annual health examination as prescribed. Employees have a right to information and to report imminent danger.

4. Frequently Asked Questions

What are the main duties of an employer under the OSH Code?

Under section 6, the employer must keep the workplace free from hazards likely to cause injury or occupational disease, comply with the standards, provide free annual health examinations to employees of the prescribed age, issue an appointment letter to every employee, and ensure that no charge is made to employees for safety and health measures.

What rights do employees have under the OSH Code?

Section 14 gives every employee the right to obtain information about health and safety at work from the employer, and to report to the employer, through the Safety Committee or directly to the Inspector-cum-Facilitator, any situation involving imminent risk of serious injury or death.

5. Related Topics

Topic 30: Hours of Work, Leave and Overtime. Working conditions under Chapter VII.
Topic 24: Employee's Compensation. Compensation when injury occurs.