Section 136: Transitional provisions for safety committees

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

Statutory Mandate
Chapter XIV: Miscellaneous
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 136

Section 136 of the Code enacts transitional provisions for Safety Committees and Safety Officers, providing that existing safety committees and appointed officers shall be deemed to have been constituted and appointed under the corresponding provisions of the Code.

  • Deemed Validity of Existing Safety Infrastructure: Preserves the legal continuity of safety committees constituted and safety officers appointed under legacy factory, mine, and construction enactments.
  • Mandatory Alignment with New Headcount Thresholds: Requires establishments whose workforce crosses new statutory thresholds to reconstitute committees and appoint additional safety officers within prescribed transitional timelines.
  • Continuity of Bipartite Safety Minutes & Records: Provides that existing hazard identification logs, safety committee resolutions, and internal audit reports carry forward as valid statutory records.
Key Landmark Precedents:
  • National Campaign Committee for CL v. Union of India (2018) 5 SCC 434: Supreme Court emphasized that continuity of safety personnel and supervisory committees is essential to maintain unbroken workplace protection.
  • M.C. Mehta v. Union of India (1987) 1 SCC 395: Supreme Court affirmed that enterprise safety oversight must remain continuous during corporate or legislative transitions.
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Affirmed that safety officers perform vital constitutional functions protecting life and limb in hazardous industrial bays.
Courtroom Practice & Strategic Litigation Guidance:

Pass a formal board resolution confirming that existing Safety Officers and Safety Committees are transitioned under Section 136 of the OSH Code, notifying the Chief Inspector-cum-Facilitator electronically to place the deemed continuity on official record.