Compliances for Special Provision Relating to Employment of Women under Occupational Safety, Health and Working Conditions (Uttar Pradesh) Rules, 2022

Background

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

These rules as specified under Chapter X (Special Provision Relating to Employment of Women) of the Code are applicable to:

  • Establishment covered under Occupational Safety, Health & Working Conditions (U.P.) Rules, 2022

Compliance Requirements under the Rules in Accordance with the Code

  1. Ensure compliance of required provisions for employment of Women During Night Hours in U.P. (Section 43 | Rule 69)

Women can work in all establishments and for all types of work under this Code. They may also work before 6 a.m. and after 7 p.m. with their consent, subject to safety, holiday, working hour regulations, or other conditions set by the government.

  1. Adequate safety of employment of women in dangerous operation (Section 44 | Rule 70)

Employers must ensure adequate safety measures before employing women in hazardous or dangerous operations or processes that could endanger their health or safety.

The central government may declare by notification the class of establishments and the scheme, and standards for safeguarding of women in hazardous and dangerous processes.

Penalty & Punishment

a) Contravention of any provision restricting or regulating the employment of workers including women shall be liable to penalty which shall not be less than fifty thousand rupees but which may extend to one lakh rupees.

b) U/s 103: Failure to comply with any duties under Code/Rules/Regulations/Bye laws made thereunder and non-compliance resulted in an accident/dangerous occurence causing:

i) death – a person shall be punishable with imprisonment for a term which may extend to two years, or with a fine which shall not be less than five lakh rupees, or with both

ii) serious bodily injury,a person shall be punishable with imprisonment for a term which may extend to one year, or with a fine which shall not be less than two lakh rupees but not exceeding four lakh rupees, or with both

iii) Subsequent conviction will be punishable with double the punishment provided for first conviction

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