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Section 38: Standardization of forms

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

Statutory Mandate
Chapter VII: Maintenance of Registers, Records and Returns
Competent Labour Forum
Act No. 37 of 2020
Section 37 All 143 Sections of OSH Code, 2020 Section 39

Legal Commentary & Landmark Judgments: Section 38

Section 38 of the Occupational Safety, Health and Working Conditions Code, 2020 confers extraordinary emergency powers upon Inspector-cum-Facilitators to issue immediate prohibitory stop-work orders in factories, mines, docks, and construction sites presenting imminent danger of death or bodily injury, while strictly mandating full wage continuity for affected workers.

  • Emergency Prohibitory Stop-Work Orders: Empowers the Inspector-cum-Facilitator to prohibit the employment of workers in any plant, mine face, scaffolding, or process where there exists an imminent danger of death, bodily injury, or catastrophic disaster until the hazard is completely eliminated.
  • Statutory Wage Protection During Stoppage: Contains an absolute, non-derogable statutory guarantee that workers prevented from working due to a Section 38 prohibitory order shall be deemed to be on active duty and entitled to full wages and statutory benefits throughout the stoppage period.
  • High Court Appeal Mechanism Within Thirty Days: An employer aggrieved by an emergency prohibitory order may file an appeal directly before the High Court within thirty days of the order, challenging the factual necessity or proportionality of the stoppage.
Key Landmark Precedents:
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Supreme Court affirmed that the right to life under Article 21 takes precedence over commercial continuity, holding that regulatory authorities must halt hazardous operations presenting imminent bodily peril to workers.
  • State of Gujarat v. Jethalal Ghelabhai Patel AIR 1964 SC 779: Supreme Court recognized that preventive administrative stop-work orders are lawful exercises of statutory police power designed to avert catastrophic human tragedy.
Courtroom Practice & Strategic Litigation Guidance:

If served with a Section 38 prohibitory order, immediately cease operations in the flagged section and ensure workers are credited with full wages in the muster roll. Mobilize accredited structural or chemical engineers to rectify the defect within forty-eight hours, apply for emergency re-inspection, and if the order is arbitrary, file an urgent writ petition under Article 226 before the High Court.

Section 37 All 143 Sections of OSH Code, 2020 Section 39