(1) In accordance with the provisions of this Code, the statutory standards and employer duties governing Exemptions for small establishments 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 40
Section 40 of the Occupational Safety, Health and Working Conditions Code, 2020 imposes an affirmative statutory duty on every employer, occupier, and manager to afford the Inspector-cum-Facilitator all reasonable facilities, equipment, entry access, and technical assistance necessary for conducting an effective inspection, examination, or inquiry.
Maintain a designated EHS Inspection Desk equipped with guest safety gear, calibrated gas monitors, and a dedicated computer terminal granting direct read-only access to electronic muster rolls and safety logs. Train security personnel to grant immediate entry to inspecting officers presenting digital authorizations, preventing obstruction allegations.