Section 113: Special safety rules for docks and ports

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 113

Section 113 of the Code establishes specialized safety rules for docks and ports, preserving and consolidating the maritime occupational safety and cargo-handling protections of the legacy Dock Workers (Safety, Health and Welfare) Act, 1986.

  • Specialized Maritime & Cargo Handling Safety Governance: Governs safety protocols for vessel loading, unloading, container handling, bunkering, and quay crane operations across all major and minor ports.
  • Mandatory Testing of Cargo Lifting Gear: Requires periodic proof-load testing and statutory certification of all ship winches, harbor cranes, wire slings, and spreaders by competent persons.
  • Protection Against Hazardous Marine Cargoes: Enacts stringent handling and segregation standards for dangerous goods and hazardous chemical containers conforming to the International Maritime Dangerous Goods (IMDG) Code.
Key Landmark Precedents:
  • Steel Authority of India Ltd. v. National Union Waterfront Workers (2001) 7 SCC 1: Constitution Bench recognized the specialized, arduous, and hazardous nature of dock work, upholding robust regulatory protections for waterfront labor.
  • Board of Trustees of the Port of Bombay v. Dilipkumar Raghavendranath Nadkarni (1983) 1 SCC 124: Supreme Court affirmed that port trusts and terminal operators bear strict statutory responsibilities for worker welfare and procedural fairness.
  • Gammon India Ltd. v. Union of India (1974) 4 SCC 396: Affirmed that hazardous loading and unloading operations in ports require continuous statutory safety oversight.
Courtroom Practice & Strategic Litigation Guidance:

Terminal operators must maintain a centralized digital register of lifting gear test certificates (Form II), ensuring no crane sling or container spreader is deployed on the quay without active load-test certification by a DGMS/DGFASLI-approved competent person.