Section 140: Special protection for young apprentices

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 140

Section 140 of the Code provides special statutory protections for young apprentices and trainees, prohibiting their deployment on dangerous machinery or hazardous processes without certified safety training and direct supervision.

  • Absolute Prohibition on Hazardous Work for Trainees: Strictly prohibits deploying apprentices or young persons on unguarded machines, high-voltage electrical systems, or hazardous chemical operations.
  • Mandatory Pre-Deployment Safety Instruction: Requires that apprentices receive comprehensive safety training, personal protective gear, and certified instruction before entering operational plant areas.
  • Continuous Direct Supervision Mandate: Obligates the occupier to ensure that apprentices work only under the continuous personal supervision of a seasoned, certified machine operator.
Key Landmark Precedents:
  • M.C. Mehta v. State of Tamil Nadu (1996) 6 SCC 756: Child Labour case: Supreme Court ruled that young persons and apprentices must not be exposed to industrial hazards that threaten physical development and life under Article 24.
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Supreme Court affirmed that the state and employers bear an affirmative constitutional duty to protect young industrial entrants from occupational toxicity.
  • J.K. Industries Ltd. v. Chief Inspector of Factories (1996) 6 SCC 665: Affirmed that occupiers carry heightened strict liability for any injury sustained by young trainees on factory premises.
Courtroom Practice & Strategic Litigation Guidance:

Create an Apprentice Safety Passport system: no trainee may enter manufacturing floors without completing a mandatory 40-hour foundational safety course and receiving a signed authorization badge from the Safety Officer.