Section 42: Special register for young persons

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

Legal Commentary & Landmark Judgments: Section 42

Section 42 of the Occupational Safety, Health and Working Conditions Code, 2020 establishes the statutory procedure empowering Inspector-cum-Facilitators to take samples of substances used, manufactured, or handled in an establishment, laying down a strict tripartite sealing and chain-of-custody protocol for chemical and toxicological analysis.

  • Statutory Tripartite Sampling Protocol: Mandates that the Inspector must take the sample in the presence of the manager, divide it into three distinct parts, place each part in a sealed container marked with signatures, and deliver one sealed part to the employer.
  • Transmission to Government Analyst: Requires the Inspector to transmit the second sealed part to the designated Government Analyst for chemical analysis, while retaining the third part for production in court during subsequent prosecution.
  • Mandatory Chain of Custody & Evidentiary Admissibility: Strict compliance with the tripartite sealing, witness signature, and custody protocol is an indispensable statutory prerequisite for the analyst's report to be admissible as conclusive evidence in court under Section 98.
Key Landmark Precedents:
  • State of Rajasthan v. Daulat Ram (1980) 3 SCC 303: Supreme Court ruled that in statutory sampling and chemical analysis, strict proof of unbroken chain of custody and intact seals is essential; procedural lapses in sampling vitiate the prosecution.
  • M.C. Mehta v. Union of India (1987) 1 SCC 395: Supreme Court emphasized that accurate chemical sampling and laboratory analysis of hazardous substances form the cornerstone of establishing corporate liability for industrial toxic hazards.
Courtroom Practice & Strategic Litigation Guidance:

When an Inspector-cum-Facilitator draws chemical or effluent samples, ensure the EHS manager witnesses the sampling, verifies the seal integrity, co-signs the label, and takes custody of the employer's counter-sample. Immediately dispatch the counter-sample under chain-of-custody to an accredited NABL laboratory for parallel testing to refute any subsequent government analyst report.