(1) In accordance with the provisions of this Code, the statutory standards and employer duties governing National Occupational Safety and Health Advisory Board shall be enforced across all industrial premises, factories, mines, and workplaces throughout India.
(2) Every occupier, principal employer, contractor, and manager shall strictly implement the environmental benchmarks, machinery safeguards, working hour limitations, and welfare facilities specified under this section.
(3) Failure to maintain the health and safety standards mandated under this section shall constitute a punishable offence under Chapter XI, attracting fines and imprisonment where serious bodily injury or fatality occurs.
Legal Commentary & Landmark Judgments: Section 16
Section 16 of the Occupational Safety, Health and Working Conditions Code, 2020 mandates the constitution of a tripartite National Occupational Safety and Health Advisory Board by the Central Government, establishing a high-level apex statutory body to formulate national policy, review occupational standards, and advise on safety rules across all economic sectors.
Corporate EHS directors and trade union federations must actively track National Board draft recommendations and Gazette notifications. Submissions during public comment windows should provide empirical industrial hygiene data, cost-benefit engineering studies, and international standard benchmarks (OSHA/ISO 45001) to influence national standards before they crystallize into binding Section 18 mandates.