Section 60 of The Occupational Safety, Health and Working Conditions Code, 2020
It shall be the duty of every contractor or the employer, of an establishment employing inter-State migrant workers in connection with the work of that establishment---
- (i)to ensure suitable conditions of work to such worker having regard to the fact that he is required to work in a State different from his own State;
- (ii)in case of fatal accident or serious bodily injury to any such worker, to report to the specified authorities of both the States and also the next of kin of the worker;
- (iii)to extend all benefits to such worker which are available to a worker of that establishment including benefits under the Employees' State Insurance Act, 1948 (34 of 1948) or the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) or any other law for the time being in force and the facility of medical check-up as available to a worker under clause (c) of sub-section (1) of section 6.
Summary
- It orders employers and contractors to provide clean and suitable working conditions for migrant workers since they are far from home.
- It makes it mandatory to report any fatal accident or serious bodily injury of a migrant worker to authorities in both the worker's home state and the work state, as well as to their close family.
- It ensures migrant workers get all standard workplace benefits, including state health insurance and provident fund benefits.
- It cross-references the employer's duty to provide free annual health check-ups, ensuring migrant workers get the same medical screening facilities as regular workers under the law.
Practical examples
FAQ
1. What is the duty of an employer regarding work conditions of migrant workers under Section 60 of the OSH Code?
Under Section 60 of the Occupational Safety, Health and Working Conditions Code, 2020, it is the duty of every contractor or employer to ensure suitable conditions of work to inter-state migrant workers, keeping in mind that they are working in a different State.
2. Who must be informed if a migrant worker has a fatal accident under Section 60 of the Occupational Safety Code?
Under Section 60 of the Occupational Safety, Health and Working Conditions Code, 2020, the employer or contractor must report the fatal accident to the specified authorities of both the home State and the destination State, and also to the worker's next of kin.
3. Are migrant workers entitled to provident fund benefits under Section 60 of the OSH Code?
Yes, under Section 60 of the Occupational Safety, Health and Working Conditions Code, 2020, employers must extend all benefits to migrant workers, including benefits under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.
4. Do migrant workers get free health check-ups under Section 60 of the Occupational Safety Code?
Yes, under Section 60 of the Occupational Safety, Health and Working Conditions Code, 2020, employers must provide the facility of medical check-ups to migrant workers as available to other workers under Section 6(1)(c) of the Code.
Test yourself
Q1.If an establishment is deemed to be under the scope of Part II because it met the threshold in Section 59 of the Occupational Safety, Health and Working Conditions Code, 2020, what is the employer's specific reporting duty under Section 60 if a migrant worker suffers a fatal accident?
Q2.Under Section 60 of the Occupational Safety, Health and Working Conditions Code, 2020, which specific health benefit from Section 6 of the Code must be extended to inter-state migrant workers?
Q3.Under Section 60 of the Occupational Safety, Health and Working Conditions Code, 2020, which social security laws are explicitly mentioned as benefits that must be extended to inter-state migrant workers?
Q4.Under Section 60 of the Occupational Safety, Health and Working Conditions Code, 2020, whose duty is it to ensure suitable conditions of work for an inter-state migrant worker?
Q5.Under Section 60 of the Occupational Safety, Health and Working Conditions Code, 2020, what is the core rationale for the duty to provide suitable conditions of work to a migrant worker?