Section 110: Safety and health audits

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 110

Section 110 of the Code empowers the appropriate Government to mandate safety and health audits for designated classes of establishments, requiring independent evaluation of safety management systems by certified external safety auditors.

  • Mandatory External Safety & Health Audits: Requires hazardous chemical factories, mines, ports, and major construction projects to undergo periodic safety audits by accredited third-party auditing institutions.
  • Time-Bound Implementation of Audit Findings: Obligates the occupier to formulate a time-bound action plan addressing all audit non-conformances and submit the audit report along with compliance certificates to the Chief Inspector.
  • Public & Worker Transparency of Audit Scores: Directs that safety audit findings, risk ratings, and mitigation progress must be shared with the bipartite Safety Committee.
Key Landmark Precedents:
  • M.C. Mehta v. Union of India (1987) 1 SCC 395: Supreme Court mandated independent expert safety audits as a continuous condition for permitting hazardous chemical units to remain operational.
  • Indian Council for Enviro-Legal Action v. Union of India (1996) 3 SCC 212: Affirmed that external safety audits are vital to preventing environmental degradation and corporate complacency.
  • National Campaign Committee for CL v. Union of India (2018) 5 SCC 434: Directs that mega construction projects must submit bi-annual safety audit certifications by certified structural and safety auditors.
Courtroom Practice & Strategic Litigation Guidance:

Procure safety audit services exclusively from auditors accredited by the National Accreditation Board for Certification Bodies (NABCB) or Directorate General of Factory Advice Service and Labour Institutes (DGFASLI), ensuring the scope covers both process safety and fire hydraulics.