(1) In accordance with the provisions of this Code, the statutory standards and employer duties governing Power to take samples shall be enforced across all industrial premises, factories, mines, and workplaces throughout India.
(2) Every occupier, principal employer, contractor, and manager shall strictly implement the environmental benchmarks, machinery safeguards, working hour limitations, and welfare facilities specified under this section.
(3) Failure to maintain the health and safety standards mandated under this section shall constitute a punishable offence under Chapter XI, attracting fines and imprisonment where serious bodily injury or fatality occurs.
Legal Commentary & Landmark Judgments: Section 108
Section 108 of the Code empowers Inspector-cum-Facilitators to take samples of substances used or intended to be used in any factory or establishment, prescribing a rigorous chain-of-custody protocol for chemical and forensic analysis.
During statutory sampling, plant management must ensure that the company's senior chemist witnesses the sampling, verifies that sample containers are hermetically sealed and counter-signed, and immediately dispatches the employer's third part to an NABL-accredited independent lab for parallel testing.