Section 12: Duty to give notice of certain accidents

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

Statutory Mandate
Chapter III: Duties of Employer and Employees
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 12

Section 12 of the Occupational Safety, Health and Working Conditions Code, 2020 establishes a dual statutory reporting obligation requiring both the employer and any attending qualified medical practitioner to report when a worker contracts any occupational disease specified in the Third Schedule, imposing personal penal fines on defaulting medical professionals.

  • Scheduled Occupational Diseases Scope: Applies to any worker contracting an occupational disease listed in the Third Schedule, including silicosis, asbestosis, pneumoconiosis, lead poisoning, occupational cancer, and chronic chemical toxicities contracted in the course of employment.
  • Dual Statutory Reporting Obligation: Imposes independent duties: the employer must notify the Chief Inspector-cum-Facilitator upon detecting the disease; simultaneously, any qualified medical practitioner attending to the patient must independently submit a written report.
  • Penal Sanction for Defaulting Medical Practitioners: Expressly penalizes any qualified medical practitioner who fails or neglects to send the statutory disease notice with a fine extending up to ten thousand rupees, establishing statutory deterrence against medical concealment.
Key Landmark Precedents:
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Supreme Court held that employers and the State have a constitutional duty to maintain lifelong health surveillance and medical records of workers exposed to hazardous dust, mandating rigorous reporting and treatment of occupational diseases under Article 21.
  • Occupational Health and Safety Association v. Union of India (2014) 3 SCC 547: Supreme Court directed mandatory health monitoring and reporting of occupational lung diseases in thermal power and mining industries, emphasizing that unrecorded occupational diseases constitute an unconstitutional denial of worker life.
Courtroom Practice & Strategic Litigation Guidance:

Employers operating in sectors with silica, chemical, or dust exposure must retain empaneled certified occupational health physicians. Establish periodic health screening cycles, maintain Form V disease notification registers, and ensure that upon diagnosis of any scheduled ailment, dual notifications are transmitted within seventy-two hours to the Chief Inspector and the ESI Corporation.