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Section 22: Safety and occupational health surveys

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
Section 21 All 143 Sections of OSH Code, 2020 Section 23

Legal Commentary & Landmark Judgments: Section 22

Section 22 of the Occupational Safety, Health and Working Conditions Code, 2020 mandates the constitution of a joint Safety Committee with balanced worker-management representation in specified establishments, and the compulsory appointment of certified, qualified Safety Officers in large-scale or hazardous industrial undertakings.

  • Mandatory Safety Committee Constitution Thresholds: Requires every establishment employing 250 or more workers (or factories carrying on hazardous processes, mines, and building construction sites) to establish a joint Safety Committee with at least 50% worker representatives chosen in the prescribed manner.
  • Statutory Safety Officer Headcount Thresholds: Mandates the appointment of certified Safety Officers in: (i) factories employing 500 or more workers, (ii) factories carrying on hazardous processes employing 250 or more workers, (iii) building and construction sites employing 250 or more workers, and (iv) mines employing 100 or more workers.
  • Functional Independence & Advisory Mandate: Safety Officers are vested with statutory independence to inspect plant machinery, investigate accidents, advise the occupier on preventative standards, and report directly to executive leadership without operational interference.
Key Landmark Precedents:
  • National Textile Workers' Union v. P.R. Ramakrishnan (1983) 1 SCC 228: Supreme Court established that workers have a legitimate legal interest and a fundamental right to participate in corporate decisions impacting their health, safety, and workplace survival.
  • J.K. Synthetics Ltd. v. Rajasthan Trade Union Kendra (2001) 2 SCC 87: Supreme Court held that minutes and findings of joint safety committees carry strong evidentiary weight in industrial adjudications regarding workplace safety and managerial negligence.
Courtroom Practice & Strategic Litigation Guidance:

Management must issue formal office orders constituting the Safety Committee with equal representation, ensuring worker representatives are selected in consultation with the recognized negotiating union. Schedule mandatory monthly committee meetings, maintain signed minutes in Form VII, and verify that all appointed Safety Officers possess state-recognized post-graduate diplomas in industrial safety.

Section 21 All 143 Sections of OSH Code, 2020 Section 23