Representation on The Occupational Safety, Health and Working Conditions Code, 2019.
NASSCOM earlier this month made a detailed representation to the Government, highlighting the industry concerns on the proposed labour code on the Occupational Safety, Health and working conditions. Below is a brief summary of some of the issues highlighted by us.
- Overlapping Provisions: The contains several overlapping provisions related to welfare facilities, working conditions, registration etc. which already exists in the State specific Shops and Commercial Establishment laws and therefore leading to duplication. We therefore suggested that Since IT-ITES companies are regulated under the State specific Shops and Commercial Establishment Act (SCEA), the welfare measures prescribed under the SCEA should be made applicable. Further, given the nature of IT services is different from other sectors, the State Occupational Safety and Health Advisory Board may be entrusted upon the task to create sector specific welfare measures in consultation with representatives of industry and other Govt departments.
- Health and Safety (Welfare Facilities in Establishments): We highlighted that certain facilities mandated in OSHWC are meant to be provided for workers engaged in plantation, factories, mines etc. The applicability of same to the IT-ITeS companies, will lead to additional operational as well as compliance challenges. We therefore suggested that requirement for setting up such facilities should be based on the nature of work and specific requirements of the industry.
- Effective arrangement for treatment of waste and effluents: We mentioned that the obligation to maintain and setup facility for treatment of waste and effluent should be on the owner or operator of the infrastructure and not on the user, as long as the user is paying the owner/ operator for the services.
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