(1) In accordance with the provisions of this Code, the statutory standards and employer duties governing Powers of certifying surgeons 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 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.
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.