Section 80 of The Occupational Safety, Health and Working Conditions Code, 2020
Where any premises or separate buildings are leased to different occupiers for use as separate factories, the owner of the premises and occupiers of the factories utilising such common facilities which include safety and fire prevention and protection, access, hygiene, occupational health, ventilation, temperature, emergency preparedness and response, canteens, shelter, rest rooms and crèches shall jointly and severally be responsible for provision and maintenance of such common facilities and services as may be prescribed by the appropriate Government.
Summary
- This section governs buildings or premises leased to different occupiers for use as separate factories.
- The owner of the premises and the occupiers utilizing common facilities are jointly and severally responsible for providing and maintaining them.
- Joint and several liability means all parties can be held responsible individually or collectively if rules are broken.
- Common facilities include safety and fire prevention, access, hygiene, and occupational health.
- They also include ventilation, temperature, emergency preparedness, canteens, shelters, rest rooms, and crèches.
Practical examples
FAQ
1. Who is responsible for maintaining shared fire escapes in leased factory premises under Section 80 of the Occupational Safety, Health and Working Conditions Code, 2020?
Under Section 80 of the Occupational Safety, Health and Working Conditions Code, 2020, both the owner of the premises and the occupiers of the separate factories are jointly and severally responsible.
2. What does joint and several liability mean for shared canteens under Section 80 of the Occupational Safety, Health and Working Conditions Code, 2020?
Under Section 80 of the Occupational Safety, Health and Working Conditions Code, 2020, joint and several liability means the owner of the building and the occupiers running the factories can be held individually or collectively responsible for providing and maintaining the shared canteen.
3. Are crèches and rest rooms covered under the shared responsibilities of Section 80 of the Occupational Safety, Health and Working Conditions Code, 2020?
Yes, under Section 80 of the Occupational Safety, Health and Working Conditions Code, 2020, common facilities like crèches, shelters, rest rooms, and canteens are part of the joint responsibility.
4. Does Section 80 of the Occupational Safety, Health and Working Conditions Code, 2020, apply if separate factories in a leased building do not share any facilities?
Section 80 of the Occupational Safety, Health and Working Conditions Code, 2020, specifically applies to situations where occupiers utilize common facilities such as safety, access, hygiene, and welfare services.
Test yourself
Q1.Under Section 80 of the Occupational Safety, Health and Working Conditions Code, 2020, when a building is leased to different occupiers as separate factories, how is the responsibility for common facilities shared?
Q2.Which of the following is NOT listed as a common facility under Section 80 of the Occupational Safety, Health and Working Conditions Code, 2020?
Q3.Under Section 80 of the Occupational Safety, Health and Working Conditions Code, 2020, who is responsible for providing and maintaining a shared crèche in a leased industrial premises?
Q4.Under Section 80 of the Occupational Safety, Health and Working Conditions Code, 2020, if separate factories leased in the same building share common ventilation facilities, and one factory conducts a dangerous operation specified under Section 82 of the same Code that generates toxic fumes, who is responsible for maintaining the shared ventilation system to prevent poisoning?