Section – 18. THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020

Section – 18. Occupational safety and health standards

(1) The Central Government shall, by notification, declare occupational safety and health standards for workplaces relating to factories, mines, dock work, beedi and cigar establishments, building and other construction work, and other establishments.

(2) Without prejudice to the general power under sub-section (1), such standards shall, in particular, cover—
(a) physical, chemical, biological and other hazards, ensuring that employees do not suffer material impairment of health or functional capacity, even with regular exposure, to the extent feasible based on best available evidence;

(b) norms relating to—
(i) assessment of hazards to employees and users exposed to such risks;
(ii) identification of relevant symptoms, appropriate treatment, and safe conditions and precautions;
(iii) monitoring and measurement of employee exposure to hazards;
(iv) provision of medical examinations and tests at the employer’s cost for exposed employees; and
(v) hazard evaluation procedures such as safety audits, hazard and operability studies, fault tree analysis, event tree analysis, and similar methods;

(c) medical examination, including criteria for detection and reporting of occupational diseases, which may extend even after cessation of employment if the disease arose during employment;

(d) other occupational safety and health aspects of workplaces as considered necessary by the Central Government based on reports from designated authorities;

(e) safety and health measures required considering specific workplace conditions in mines, factories, construction sites, beedi and cigar establishments, dock work, or other notified establishments; and

(f) matters specified in the Second Schedule to this Code.

(3) Notwithstanding anything contained in section 131, the Central Government may, based on the recommendations of the National Board and after giving at least forty-five days’ prior notice of its intention, amend the Second Schedule by notification.

(4) The State Government may, with prior approval of the Central Government, amend the standards declared under sub-sections (1) and (2) for establishments within its jurisdiction.