Section 6 OSH Code, 2020: Duties of employer

Section 6 of OSH Code, 2020: Duties of employer

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment / Liability Limitation / Timeline Monetary Sums / Wages

(1) Every employer shall ensure that the workplace is free from hazards which cause or are likely to cause injury or occupational disease to employees: (a) provide and maintain plant and systems of work that are safe; (b) ensure safety in use, handling and storage of substances; (c) provide information, training and supervision; (d) carry out annual health examinations free of cost for prescribed classes of employees; and (e) provide safe access and emergency exits.

Legal Commentary & Landmark Judgments: Section 6

Section 6 of the Occupational Safety, Health and Working Conditions Code, 2020 imposes an expansive statutory duty on every employer to maintain a safe and hazard-free workplace, provide free annual health examinations, and issue formal appointment letters.

Core Legal Standard: Section 6 establishes the primary statutory responsibility of employers for workplace safety.
Operational Mechanism & Scope: Sub-section (1)(f) introduces a mandatory requirement that every employer must issue a formal appointment letter to every employee upon engagement to eliminate undocumented informal labour.

This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.

Key Landmark Precedents:

Bandhua Mukti Morcha v. Union of India (1984) 3 SCC 161: The Supreme Court held that the right to live with human dignity under Article 21 derives from the Directive Principles of State Policy (Articles 39, 41, 42), which mandate the state to ensure that workers are provided humane, healthy, and safe working conditions.
M.C. Mehta v. Union of India (Oleum Gas Leak case) (1987) 1 SCC 395: The Supreme Court laid down the doctrine of absolute and non-delegable liability of industrial enterprises engaged in hazardous activities for ensuring safety and compensating any harm caused.

Legal Commentary:

Section 6 makes occupational safety an affirmative board-level responsibility. The statutory duty to provide free annual medical examinations and formal appointment letters ensures transparency, health monitoring, and verifiable employment records across industrial factories and commercial offices.

Section 6: Duties of employer

Section 6 of OSH Code, 2020: Duties of employer

Legal Commentary & Landmark Judgments: Section 6