Section 19: Research and related activities

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

Statutory Mandate
Chapter IV: Occupational Safety and Health
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 19

Section 19 of the Occupational Safety, Health and Working Conditions Code, 2020 authorizes the Central and State Governments to conduct, sponsor, and fund scientific, epidemiological, toxicological, and ergonomic research to identify emerging occupational hazards and refine preventative safety technologies.

  • Multidisciplinary Research & Technological Mandate: Authorizes research into emerging industrial hazards, including nanomaterials, endocrine-disrupting chemicals, automation ergonomics, repetitive strain disorders, and psychosocial workplace stressors.
  • Collaborative Institutional Partnerships: Empowers Governments to partner with specialized institutions such as the Indian Council of Medical Research (ICMR), National Institute of Occupational Health (NIOH), IITs, and the International Labour Organization (ILO).
  • Employer Duty of Access & Facilitation: Obligates employers to afford authorized research personnel reasonable access to establishments, process data, biological samples, and worker cohorts for longitudinal epidemiological studies.
Key Landmark Precedents:
  • Research Foundation for Science, Technology and Natural Resource Policy v. Union of India (2005) 10 SCC 510: Supreme Court emphasized the indispensable necessity of rigorous, independent scientific research and environmental monitoring to regulate hazardous industrial practices and protect human health.
  • A.P. Pollution Control Board v. Prof. M.V. Nayudu (1999) 2 SCC 718: Supreme Court affirmed that the 'Precautionary Principle' mandates that lack of full scientific certainty shall not be used as a reason for postponing measures to prevent occupational and environmental harm.
Courtroom Practice & Strategic Litigation Guidance:

Establishments selected for participation in governmental occupational health research must execute formal Data Transfer and Confidentiality Agreements to safeguard proprietary industrial secrets while cooperating fully with statutory researchers. Maintain duplicate test splits and medical baseline logs to ensure independent verification of research findings.