Section 109: Powers of certifying surgeons

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XI: Offences and Penalties
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 109

Section 109 of the Code delineates the statutory qualifications, appointment, and powers of Certifying Surgeons, vesting them with authority to examine young persons, conduct occupational health surveillance, and inspect hazardous manufacturing operations.

  • Appointment of Qualified Medical Specialists: Authorizes the State Government to appoint registered medical practitioners with post-graduate qualifications in occupational health or industrial hygiene as Certifying Surgeons.
  • Mandatory Fitness Certification of Young Persons: Requires certifying surgeons to examine and issue certificates of fitness before any adolescent or young worker is permitted to work in an industrial establishment.
  • Power of Ongoing Workplace Health Surveillance: Empowers certifying surgeons to enter any establishment, inspect medical records, conduct clinical examinations, and direct the temporary redeployment of workers showing early symptoms of toxic exposure.
Key Landmark Precedents:
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Supreme Court held that periodic medical surveillance by certified occupational health surgeons is a non-negotiable constitutional imperative under Article 21.
  • M.C. Mehta v. State of Tamil Nadu (1996) 6 SCC 756: Sivakasi Child Labour case: Supreme Court mandated compulsory certification by medical surgeons to eradicate child labor in match and firework factories.
  • Occupational Health and Safety Association v. Union of India (2014) 3 SCC 547: Apex Court directed independent certifying surgeons to monitor coal-dust exposure and pulmonary fitness across thermal energy plants.
Courtroom Practice & Strategic Litigation Guidance:

Management must maintain an electronic health register (Form X) containing the fitness certificates of all operators in hazardous bays, ensuring annual re-certification by the designated Certifying Surgeon before certificates lapse.