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Section 73: Workers' participation in safety management

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
Section 72 All 143 Sections of OSH Code, 2020 Section 74

Legal Commentary & Landmark Judgments: Section 73

Section 73 of the Code provides for workers' participation in safety management, requiring the occupier of every factory involving a hazardous process to establish a Safety Committee comprising equal representation of workers and management.

  • Mandatory Bipartite Safety Committee: Obligates the occupier to constitute a Safety Committee with equal numbers of worker representatives and management personnel to promote mutual safety vigilance.
  • Statutory Advisory & Monitoring Mandate: Empowers the Safety Committee to review internal safety audits, investigate workplace near-misses, evaluate hazard identification reports, and recommend preventive interventions.
  • Access to Plant Safety & Health Records: Guarantees worker representatives on the committee full access to environmental monitoring data, chemical toxicity registers, and medical surveillance trends.
Key Landmark Precedents:
  • National Textile Workers' Union v. P.R. Ramakrishnan (1983) 1 SCC 228: Constitution Bench held that workers have a vital interest in the enterprise, affirming that industrial democracy and worker participation are core constitutional principles under Article 43A.
  • M.C. Mehta v. Union of India (1987) 1 SCC 395: Supreme Court mandated that workers' safety committees must be actively involved in monitoring hazardous chemical plant operations.
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Affirmed that workers must be actively educated and partnered in occupational health monitoring.
Courtroom Practice & Strategic Litigation Guidance:

Convene Safety Committee meetings monthly without fail, maintain signed bipartite minutes recording every worker safety concern, and publish committee resolutions on digital noticeboards to establish active compliance under Section 73.

Section 72 All 143 Sections of OSH Code, 2020 Section 74