Section 15: Notice of certain diseases

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 15

Section 15 of the Occupational Safety, Health and Working Conditions Code, 2020 imposes a strict statutory prohibition restraining any person—whether employee, supervisor, or visitor—from intentionally, recklessly, or willfully interfering with, misusing, removing, or damaging any safety device, machine guard, firefighting equipment, or welfare amenity provided under the Code.

  • Universal Prohibitory Scope on Premises: Applies across all categories of personnel entering an establishment, prohibiting employees, contractors, and visitors from tampering with statutory safety installations.
  • Mental State Benchmarks: Intentional & Reckless Tampering: Penalizes both intentional sabotage and gross reckless interference, such as bridging electrical trip switches, propping open fire doors, disabling ventilation fans, or removing machinery interlocks.
  • Summary Disciplinary & Criminal Penal Sanctions: Tampering under Section 15 operates as both a direct statutory offense punishable with fine/imprisonment under Chapter XI and an act of major industrial misconduct justifying immediate suspension and domestic inquiry.
Key Landmark Precedents:
  • State of Gujarat v. Jethalal Ghelabhai Patel AIR 1964 SC 779: Supreme Court emphasized that safety guards on dangerous machinery must be maintained in position at all times while the machine is in motion; deliberate tampering with safety guards undermines the entire legislative edifice of worker protection.
  • Tata Iron and Steel Co. Ltd. v. S.N. Singh (1973) 1 SCC 583: Held that intentional interference with industrial safety mechanisms and endangerment of fellow workmen constitutes gross misconduct warranting punitive termination.
Courtroom Practice & Strategic Litigation Guidance:

Establishments must install tamper-evident seals and digital interlock monitoring systems on all machinery guards and emergency stops. Prominently display bilingual warning boards quoting Section 15 at all machine stations. Any deliberate tampering must be captured on CCTV, followed by a formal domestic chargesheet and simultaneous intimation to the local Inspector-cum-Facilitator.