Section 6 of The Occupational Safety, Health and Working Conditions Code, 2020
- (1)Every employer shall,---
- (a)ensure that workplace is free from hazards which cause or are likely to cause injury or occupational disease to the employees;
- (b)comply with the occupational safety and health standards declared under section 18 or the rules, regulations, bye-laws or orders made under this Code;
- (c)provide such annual health examination or test free of costs to such employees of such age or such class of employees of establishments or such class of establishments, as may be prescribed by the appropriate Government;
- (d)provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of the employees;
- (e)ensure the disposal of hazardous and toxic waste including disposal of e-waste;
- (f)issue a letter of appointment to every employee on his appointment in the establishment, with such information and in such form as may be prescribed by the appropriate Government and where an employee has not been issued such appointment letter on or before the commencement of this Code, he shall, within three months of such commencement, be issued such appointment letter;
- (g)ensure that no charge is levied on any employee, in respect of anything done or provided for maintenance of safety and health at workplace including conduct of medical examination and investigation for the purpose of detecting occupational diseases;
- (h)relating to factory, mine, dock work, building or other construction work or plantation, ensure and be responsible for the safety and health of employees, workers and other persons who are on the work premises of the employer, with or without his knowledge, as the case may be.
- (2)Without prejudice to the generality of the provisions of sub-section (1), the duties of an employer shall particularly in respect of factory, mines, dock, building or other construction work or plantation include---
- (a)the provision and maintenance of plant and systems of work in the workplace that are safe and without risk to health;
- (b)the arrangements in the workplace for ensuring safety and absence of risk to health in connection with the use, handling, storage and transport of articles and substances;
- (c)the provision of such information, instruction, training and supervision as are necessary to ensure the health and safety of all employees at work;
- (d)the maintenance of all places of work in the workplace in a condition that is safe and without risk to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risk;
- (e)the provision, maintenance or monitoring of such working environment in the workplace for the employees that is safe, without risk to health as regards facilities and arrangements for their welfare at work.
Summary
- Employers must keep the workplace free from hazards that can cause injury or occupational diseases.
- Employers are required to provide free annual health exams to employees of specified age groups or classes.
- Every employee must receive a formal letter of appointment, which must be issued within three months of the commencement of this law for existing employees who do not have one.
- No charges can be levied on employees for any safety, health, or medical examinations conducted at the workplace.
- Employers in factories, mines, docks, plantations, and construction sites are responsible for the safety of all persons on the premises, regardless of whether the employer knows they are there.
Practical examples
FAQ
1. Who pays for the mandatory annual health examinations under Section 6 of the Occupational Safety, Health and Working Conditions Code, 2020?
Under Section 6 of the Occupational Safety, Health and Working Conditions Code, 2020, the employer must provide the annual health examination or test completely free of cost to the employees. No charges or fees can be levied on any employee for these health checks.
2. When must an employer issue an appointment letter to an existing worker under Section 6 of the Occupational Safety, Health and Working Conditions Code, 2020?
If an employee did not receive an appointment letter before the commencement of the Occupational Safety, Health and Working Conditions Code, 2020, the employer must issue it within three months of the commencement of the Code.
3. Does an employer's safety duty under Section 6 of the Occupational Safety, Health and Working Conditions Code, 2020 apply to people on the premises without the employer's knowledge?
Yes, in workplaces like factories, mines, docks, plantations, or building construction sites, the employer is responsible under Section 6 of the Occupational Safety, Health and Working Conditions Code, 2020 for the safety and health of all employees, workers, and other persons who are on the work premises, whether the employer knows they are there or not.
4. What are the employer's duties regarding toxic waste under Section 6 of the Occupational Safety, Health and Working Conditions Code, 2020?
Under Section 6 of the Occupational Safety, Health and Working Conditions Code, 2020, the employer must ensure the safe disposal of all hazardous and toxic waste, which specifically includes the disposal of electronic waste or e-waste.
Test yourself
Q1.Under Section 6 of the Occupational Safety, Health and Working Conditions Code, 2020, if an employee has been working in an establishment for years without an appointment letter, within what period from the commencement of the Code must the employer issue this letter?
Q2.Under Section 6 of the Occupational Safety, Health and Working Conditions Code, 2020, which of the following is true regarding the costs of safety measures and medical examinations?
Q3.Under Section 6 of the Occupational Safety, Health and Working Conditions Code, 2020, which type of waste is specifically mentioned alongside hazardous and toxic waste that an employer must safely dispose of?
Q4.Under Section 6 of the Occupational Safety, Health and Working Conditions Code, 2020, what is the extent of an employer's responsibility for the safety of people on the premises of a factory, mine, dock, construction site, or plantation?