Section 70: Compulsory disclosure of information by occupier

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 70

Section 70 of the Code mandates compulsory disclosure of information by the occupier of every factory involving a hazardous process, requiring transparent communication of chemical hazards, health risks, and disaster counter-measures to workers, local communities, and district authorities.

  • Mandatory Information Sharing with Workers & Public: Requires the occupier to disclose all health and safety risks, raw material toxicity, and emergency escape protocols to workers, the Chief Inspector, and the local public residing in the vicinity.
  • Detailed On-Site Emergency Plan & Off-Site Coordination: Obligates the occupier to draw up a comprehensive on-site emergency plan, organize regular mock safety drills, and furnish essential data to the District Magistrate for formulating the off-site disaster management plan.
  • Public Notice of Toxicological Thresholds: Directs the occupier to publish safety measures in regional languages and display hazard warning signs prominently across the perimeter of the facility.
Key Landmark Precedents:
  • M.C. Mehta v. Union of India (1987) 1 SCC 395: Supreme Court held that full and candid disclosure of chemical hazards and emergency measures to workers and the local community is an indispensable condition for operating dangerous chemical plants.
  • Research Foundation for Science, Technology and Natural Resource Policy v. Union of India (2005) 10 SCC 510: Affirmed that the right to information regarding hazardous waste and toxic processes is part of the right to life under Article 21.
  • Union of India v. Union Carbide Corp. (1989) 1 SCC 674: Bhopal Gas Disaster litigation: Failure to disclose critical toxicological hazards and failure to maintain emergency warning systems creates unprecedented civil and criminal liability.
Courtroom Practice & Strategic Litigation Guidance:

Maintain a bilingual Safety Data Sheet (SDS) dossier at every plant gate and conduct bi-annual mock drills in coordination with the District Disaster Management Authority (DDMA), filing video documentation and drill performance reports with the Inspector-cum-Facilitator.