(1) In accordance with the provisions of this Code, the statutory standards and employer duties governing Prohibition of employment of women in dangerous operations 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 44
Section 44 of the Occupational Safety, Health and Working Conditions Code, 2020 empowers the appropriate Government to appoint a competent person as a formal Court of Inquiry to investigate the causes and circumstances of fatal accidents, major explosions, or outbreaks of occupational diseases, vesting the inquiry with the full powers of a Civil Court.
In catastrophic industrial incidents subject to a Section 44 Court of Inquiry, management must immediately retain senior legal counsel. Organize all maintenance logs, pre-incident engineering inspections, contractor training certifications, and standard operating procedures into an indexed, verified legal defense bundle to demonstrate comprehensive due diligence.