Section 117: Web-based inspection system

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

Statutory Mandate
Chapter XII: Powers of Inspector-cum-Facilitators
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 117

Section 117 of the Code establishes a randomized web-based inspection system, replacing arbitrary discretionary inspections with transparent digital scheduling, automated risk-based targeting, and mandatory same-day online inspection reporting.

  • Algorithmic Risk-Based Inspection Selection: Mandates that establishments are selected for inspection via automated computer algorithms based on industry hazard profile, past violations, and accident history.
  • Mandatory Prior Notice & Transparency Safeguards: Eliminates regulatory harassment by requiring inspections to be pre-notified electronically except in cases of fatal accidents or anonymous imminent danger alerts.
  • Mandatory 48-Hour Digital Report Upload: Obligates the Inspector-cum-Facilitator to upload the complete inspection report on the central labor portal within forty-eight hours of inspection, ensuring tamper-proof record-keeping.
Key Landmark Precedents:
  • J.K. Industries Ltd. v. Chief Inspector of Factories (1996) 6 SCC 665: Supreme Court emphasized that statutory inspections must be conducted transparently and objectively to advance the true statutory objective of worker safety.
  • State of Bihar v. Kirly Mines AIR 1961 SC 171: Affirmed that objective, contemporaneous reporting of inspection findings is essential to prevent speculative or retaliatory prosecutions.
  • Siemens Engineering & Manufacturing Co. v. Union of India (1976) 2 SCC 981: Affirmed that transparency and reasoned documentation are fundamental prerequisites of fair administrative procedure.
Courtroom Practice & Strategic Litigation Guidance:

Log in to the state labor department single-window portal immediately after an inspection concludes: if the inspector fails to upload the inspection memo within the mandatory 48-hour window under Section 117, file an administrative protest noting procedural invalidity.