Section 7: Duties of architect, project engineer and designer

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

Statutory Mandate
Chapter III: Duties of Employer and Employees
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 7

Section 7 of the Occupational Safety, Health and Working Conditions Code, 2020 delineates the stringent, non-delegable duties and statutory responsibilities of the owner, agent, and appointed manager of a mine, establishing a joint and several liability matrix to ensure that all mining operations strictly adhere to structural, ventilation, and operational safety standards.

  • Joint & Several Liability Triad in Mining Operations: Statutorily links the owner, designated managing agent, and certified mine manager into a unified liability triad, rendering each entity personally accountable for any breach of mining regulations, strata control, or occupational safety norms.
  • Mandatory Appointment of Certified Mine Manager: Imposes an absolute duty on the mine owner and agent to appoint a qualified, certified mining engineer possessing statutory competency certificates as the mine manager, vesting him with operational management command.
  • Strict Rebuttal Standards for Directorial Exemption: An owner or agent can escape personal criminal liability for contraventions committed in the mine only by affirmatively proving that they exercised all due diligence, provided all necessary financial and physical safety resources, and that the infraction occurred without their knowledge or consent.
Key Landmark Precedents:
  • Chief Inspector of Mines v. Lala Karam Chand Thapar AIR 1961 SC 838: Supreme Court held that all directors of a company owning a mine can be prosecuted as 'owners' under mining safety legislation, ruling that corporate directors cannot insulate themselves by delegating statutory duties to subordinate on-site managers.
  • State of Madhya Pradesh v. Azad Bharat Finance Co. AIR 1967 SC 276: Supreme Court analyzed statutory vicarious liability, emphasizing that where penal statutes impose strict duties on enterprise controllers, the burden of proving due diligence rests squarely on the accused.
Courtroom Practice & Strategic Litigation Guidance:

Mining corporate boards must implement a ring-fenced safety governance framework. Ensure the statutory Mine Manager is furnished with unhindered operational authority and formal written authorizations. Board minutes must systematically document dedicated capital expenditure approvals for mine safety, roof bolting, gas detection, and emergency refuge chambers to sustain a robust due diligence defense under Section 7.