The Occupational Safety, Health and Working Conditions Code, 2020 has been enacted by the Government of India with the objective of consolidating and rationalising multiple labour laws relating to occupational safety, health, and working conditions of workers employed in establishments. The Code subsumes various central labour legislations governing factories, contract labour, migrant workers, mines, docks, construction work, and other hazardous employments, with an aim to ensure uniformity, simplification, and enhanced ease of compliance.
Applicability
The Occupational Safety, Health and Working Conditions Rules (U.P.) 2022 rules as specified under Chapter III (Registration) of the Code are applicable to: Establishment covered under Occupational Safety, Health and Working Conditions Rules (U.P.) 2022
Compliance Requirements under the Rules in Accordance with the Code
Every employer of any establishment,—
(a) which comes into existence after the commencement of this Code; and
(b) to which this Code shall apply, shall, within 60 days from the date of such applicability of this Code, make an application in Form-III for the registration of such establishment.
Employer shall quote the Registration Number on all documents prepared or completed by him in connection with the Code or the Rules or the Regulations or the Scheme, as the case may be, and in all correspondence with the office concerned.
Certificate of registration shall be non-transferable and a copy of the certificate of registration shall be displayed in the premises of the establishment at the conspicuous place in hard copy or electronically.
Employer in respect of an establishment already registered under any other central labour law for the time being in force shall, update the registration particulars on Portal of the Commissioner of Labour, within six months from the date on which the OSH Code comes into force.
Any change in the ownership, management or any particular furnished in Registration Form submitted on the specified portal, shall be updated on the portal by the employer within thirty days of such change.
Employer of an establishment to which the provisions of the Code apply and whose business activities are in process of closure, may apply for cancellation of registration online on Portal of the Commissioner of Labour after giving complete details of the dues payable under the Central Labour Codes.
Provided that application for cancellation of registration shall be entertained unless the employer has furnished all statutory returns, paid all statutory dues under the Central Labour Codes and any other Central or State Labour Law in force, in accordance with the law applicable for the time being and submitted a self-certification to that effect along with the application.
Within 60 days of starting or completing any work, the employer must inform the Inspector-cum-Facilitator electronically using Form-VI, actual date of commencement/completion of work & cessation of Est. This information will be automatically shared with EPFO and ESIC.
Penalty & Punishment
General Penalty u/s 94: For contravention, the employer or the principal employer of the establishment, as the case may be, shall be liable to penalty which shall not be less than two lakhs rupees but which may extend up to three lakh rupees, and if the contravention is continued after the conviction, then, with further penalty which may extend to two thousand rupees for each day till such contravention continues.
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