Safety Committees Only for Large Enterprises

 Chennai: The Labour Code intends to compromise on the safety of workers employed in medium enterprises as safety committees are mandatory only for large enterprises.

As per the new Code, establishments with 500 or more workers will form safety committees with employer-worker representation. Earlier, under the Factories Act, 1948, factories employing 250 or more workers had to form a Safety Committee. The new Code exempts medium enterprises with less than 500 workers from mandatorily forming safety committees.

However, it wants a safety committee to be formed if the employer is engaging 250 or more building or other construction workers or 100 or more mine workers.

Further, the new Code proposes the constitution of National Occupational Safety & Health Advisory Board - a single tripartite advisory board that will replace six earlier boards to set national safety and health standards across sectors, ensuring uniformity and quality. It has to be seen whether entrusting safety to one advisory board will ensure timely and efficient dispensation of safety-related concerns.

Further, the Code has made prosecution of employers tougher for several offences. It says that “in respect of an offence committed in the course of the technical direction and management of a mine, the District Magistrate shall not institute any prosecution against an owner, agent or manager of a mine without the previous approval of the Chief Inspector-cum-Facilitator.”

“No court shall take cognizance of any offence punishable under this Code, unless a complaint in respect thereof is made within six months of the date on which the alleged commission of the offence came to the knowledge of the Inspector-cum-Facilitator and a complaint is filed in that regard by him”.