Section 86: Penalty for failure to appoint safety officers

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

Statutory Mandate
Chapter XI: Offences and Penalties
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 86

Section 86 of the Code penalizes failure to appoint qualified Safety Officers or constitute mandatory Safety Committees, subjecting defaulting occupiers to substantial fines of up to five lakh rupees.

  • Specific Penal Sanction for Safety Officer Defaults: Attaches direct criminal and financial liability to the occupier for failing to appoint certified Safety Officers in designated factories, construction sites, and mines.
  • Financial Deterrence against Compliance Evasion: Imposes heavy fines of up to five lakh rupees, eliminating the economic incentive for companies to defer safety appointments.
  • Continuing Default Escalation: Classifies failure to appoint safety officers as a continuing violation, exposing management to escalating daily financial penalties under Section 84.
Key Landmark Precedents:
  • J.K. Industries Ltd. v. Chief Inspector of Factories (1996) 6 SCC 665: Supreme Court held that statutory appointments of safety personnel are mandatory corporate obligations that directly impact workplace life protection.
  • M.C. Mehta v. Union of India (1987) 1 SCC 395: Emphasized that failure to employ qualified safety supervisors demonstrates culpable managerial recklessness in hazardous operations.
  • National Campaign Committee for CL v. Union of India (2018) 5 SCC 434: Supreme Court directed mandatory appointment of certified safety engineers across all major construction and industrial projects.
Courtroom Practice & Strategic Litigation Guidance:

Track workforce numbers against statutory Safety Officer thresholds (e.g., 250+ workers in hazardous factories; 500+ in general factories; 250+ in construction sites), initiating recruitment well before headcounts cross the threshold.