Section 92 of The Occupational Safety, Health and Working Conditions Code, 2020
- (1)Without prejudice to the generality of sections 23 and 24, the State Government may prescribe requiring every employer to make provisions in his plantation for---
- (a)necessary housing accommodation including drinking water, kitchen and toilet to every worker employed in the plantation (including his family);
- (b)crèches facilities where in the plantation fifty or more workers (including workers employed by any contractor) are employed or were employed on any day of the preceding twelve months: Provided that,---
- (i)an establishment may avail common crèche facility of the Central Government, State Government, municipality or private entity or provided by non-Governmental organisation or by any other organisation; or
- (ii)a group of establishments may agree to pool their resources for setting up of common crèche;
- (c)educational facilities for the children of the workers employed in the plantation where the children between the ages of six to twelve of the workers exceed twenty-five in number;
- (d)health facilities to every worker employed in the plantation (including his family) or provide coverage under the Employees State Insurance Act, 1948 (34 of 1948); and
- (e)recreational facilities for the workers employed in the plantation.
- (2)An employer of a plantation shall be responsible to provide and maintain welfare facilities for which the workers in the plantation are entitled under this Code either from his own resources or through the schemes of the Central Government or State Government, Municipality or Panchayat for the locality in which the plantation is situated. Explanation.---For the purposes of this sub-section---
- (i)the expression "Municipality" has the same meaning as assigned to it in clause (e) of article 243 of the Constitution; and
- (ii)the expression "Panchayat" has the same meaning as assigned to it in clause (d) of article 243 of the Constitution.
Summary
- This section requires plantation employers to provide basic living, educational, health, and recreation facilities for their workers.
- It mandates that employers offer housing accommodation that includes drinking water, a kitchen, and a toilet for every worker and their family.
- It requires a crèche facility if the plantation employed fifty or more workers, including contractor workers, on any day in the past twelve months.
- Employers must provide school facilities for children aged six to twelve if there are more than twenty-five such children of workers.
- It demands health facilities for workers and their families, which can be direct services or coverage under the Employees State Insurance Act, 1948.
- It obliges the employer to arrange recreational facilities and allows them to maintain these welfare services using their own funds or local government schemes.
Practical examples
FAQ
1. When is a plantation employer required to provide a crèche facility under Section 92 of the Occupational Safety, Health and Working Conditions Code, 2020?
Under Section 92 of the Occupational Safety, Health and Working Conditions Code, 2020, a crèche must be provided if fifty or more workers, including those employed by any contractor, are employed or were employed on any day of the preceding twelve months.
2. What specific amenities must be included in plantation housing under Section 92 of the Occupational Safety, Health and Working Conditions Code, 2020?
Under Section 92 of the Occupational Safety, Health and Working Conditions Code, 2020, necessary housing accommodation provided to every plantation worker and their family must include drinking water, a kitchen, and a toilet.
3. How many children trigger the requirement for educational facilities in a plantation under Section 92 of the Occupational Safety, Health and Working Conditions Code, 2020?
Under Section 92 of the Occupational Safety, Health and Working Conditions Code, 2020, educational facilities are required for the children of the workers if the number of children between the ages of six and twelve exceeds twenty-five.
Test yourself
Q1.Under Section 92 of the Occupational Safety, Health and Working Conditions Code, 2020, what is the employee threshold that triggers the requirement for crèche facilities in a plantation?
Q2.Under Section 92 of the Occupational Safety, Health and Working Conditions Code, 2020, educational facilities must be provided for workers' children of which age group when their number exceeds twenty-five?
Q3.Under Section 92 of the Occupational Safety, Health and Working Conditions Code, 2020, what social security act can a plantation employer use to provide the mandated health facilities for workers and their families?
Q4.Under Section 92 of the Occupational Safety, Health and Working Conditions Code, 2020, what options are available to a plantation to fulfill the crèche requirement if it does not set up an independent facility?
Q5.Under Section 91 of the Occupational Safety, Health and Working Conditions Code, 2020, the appropriate Government can exempt certain workers from the Code's provisions. If a plantation employer seeks to exempt their managerial or supervisory staff from the welfare and health facility benefits that are mandated under Section 92 of the same Code, which section of the Code provides the legal authority to define those positions and declare such exemptions?