Section – 20. THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020

Section – 20. Safety and occupational health surveys.

(1) At any time during the normal working hours of an establishment or at any other time as may be deemed necessary,—
(a) the Chief Inspector-cum-Facilitator in the case of a factory or mine; or
(b) the Director General of Factory Advice Service and Labour Institute in the case of a factory; or
(c) the Director General of Mines Safety in the case of a mine; or
(d) the Director General of Health Services in the case of a factory or mine; or
(e) any other officer authorised by the appropriate Government in the case of any other establishment or class of establishments,

may, after giving notice in writing to the employer, conduct a survey of the factory, mine or such other establishment or class of establishments. The employer shall provide all necessary facilities for such survey, including facilities for examination and testing of plant and machinery and for collection of samples and other relevant data.

Explanation.—For the purposes of this sub-section, the term “employer” includes the manager in the case of a factory or, in the case of any other establishment or class of establishments, the person responsible at that time for safety and occupational health.

(2) For facilitating surveys under sub-section (1), every worker shall, if required by the person conducting the survey, present himself for medical examination as considered necessary and provide all relevant information in his possession.

(3) Any time spent by a worker in undergoing medical examination or furnishing information under sub-section (2) shall be treated as working hours for the purpose of calculating wages and overtime.

Explanation.—For the purposes of this section, the report submitted to the appropriate Government by the person conducting the survey under sub-section (1) shall be deemed to be a report submitted by an Inspector-cum-Facilitator under this Code.