(1) In accordance with the provisions of this Code, the statutory standards and employer duties governing Annual leave with wages 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 32
Section 32 of the OSH Code regulates the employment of women in dangerous operations, requiring employers to institute mandatory safety and health safeguards before engaging women in hazardous manufacturing processes.
However, modern statutory policy under the Code shifts from blanket paternalistic prohibitions to mandatory protective infrastructure: where women are employed in hazardous operations, the employer must provide specialized personal protective equipment (PPE), health screening, automated handling systems, and ergonomic accommodations.
Section 32 operates in tandem with Section 43 (night shift safeguards), ensuring that women can access high-paying technical and manufacturing roles without compromising on workplace safety or health protections.