Section 68: Hazardous processes

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

Statutory Mandate
Chapter X: Special Provisions for Factories, Mines & Plantations
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 68

Section 68 of the Code regulates establishments involving hazardous processes, defining stringent occupier obligations regarding hazard identification, environmental monitoring, worker medical surveillance, and emergency preparedness.

  • Strict Siting & Operational Controls for Hazardous Units: Applies to any industry handling raw materials, intermediates, or effluents specified in the Second Schedule that can cause material impairment of health or environmental contamination.
  • Continuous Occupational Health Monitoring: Mandates baseline pre-employment medical examinations and periodic health check-ups for all workers exposed to toxic gases, chemicals, or carcinogenic substances.
  • Occupier Absolute Accountability for Chemical Safety: Requires the occupier to maintain full material safety data sheets (MSDS), install real-time gas detection systems, and maintain automated emergency shutdown mechanisms.
Key Landmark Precedents:
  • M.C. Mehta v. Union of India (Oleum Gas Leak) (1987) 1 SCC 395: Constitution Bench established the doctrine of absolute liability: an enterprise engaged in a hazardous or inherently dangerous industry owes an absolute and non-delegable duty to the community that no harm results from such activity.
  • Indian Council for Enviro-Legal Action v. Union of India (1996) 3 SCC 212: Polluter Pays Principle: Industries generating toxic chemical waste are liable for complete environmental restitution and individual health compensation.
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Supreme Court directed mandatory medical surveillance, chest X-rays, and lifelong health records for all workers exposed to hazardous asbestos fibers.
Courtroom Practice & Strategic Litigation Guidance:

Chemical and heavy industrial plants must institutionalize automated SCADA monitoring linked to ambient air quality sensors around the factory perimeter, maintaining unalterable digital audit logs to disprove fugitive emission claims during regulatory inspections.