Section 6: Duties of employer

Finin2min analysis — what the section actually does

Full statutory text — Section 6

6. Duties of employer. — (1) Every employer shall,—
         (a) ensure that workplace is free from hazards which cause or are likely to cause injury or
      occupational disease to the employees;
         (b) comply with the occupational safety and health standards declared under section 18 or the
      rules, regulations, bye-laws or orders made under this Code;
         (c) provide such annual health examination or test free of costs to such employees of such age
      or such class of employees of establishments or such class of establishments, as may be prescribed
      by the appropriate Government;
         (d) provide and maintain, as far as is reasonably practicable, a working environment that is safe
      and without risk to the health of the employees;
          (e) ensure the disposal of hazardous and toxic waste including disposal of e-waste;
          (f) issue a letter of appointment to every employee on his appointment in the establishment,
      with such information and in such form as may be prescribed by the appropriate Government and
      where an employee has not been issued such appointment letter on or before the commencement of
      this Code, he shall, within three months of such commencement, be issued such appointment letter;
          (g) ensure that no charge is levied on any employee, in respect of anything done or provided for
      maintenance of safety and health at workplace including conduct of medical examination and
      investigation for the purpose of detecting occupational diseases;

          (h) relating to factory, mine, dock work, building or other construction work or plantation,
      ensure and be responsible for the safety and health of employees, workers and other persons who
      are on the work premises of the employer, with or without his knowledge, as the case may be.
   (2) Without prejudice to the generality of the provisions of sub-section (1), the duties of an employer
shall particularly in respect of factory, mines, dock, building or other construction work or plantation
include—
         (a) the provision and maintenance of plant and systems of work in the workplace that are safe
      and without risk to health;
         (b) the arrangements in the workplace for ensuring safety and absence of risk to health in
      connection with the use, handling, storage and transport of articles and substances;
         (c) the provision of such information, instruction, training and supervision as are necessary to
      ensure the health and safety of all employees at work;
          (d) the maintenance of all places of work in the workplace in a condition that is safe and without
      risk to health and the provision and maintenance of such means of access to, and egress from, such
      places as are safe and without such risk;
          (e) the provision, maintenance or monitoring of such working environment in the workplace for
      the employees that is safe, without risk to health as regards facilities and arrangements for their
      welfare at work.

How to apply this provision

1. Primary statutory test — (c) provide such annual health examination or test free of costs to such employees of such age or such class of employees of establishments or such class of establishments, as may be prescribed by the appropriate Government;
2. Additional operative limb — (f) issue a letter of appointment to every employee on his appointment in the establishment, with such information and in such form as may be prescribed by the appropriate Government and where an employee has not been issued such appointment letter on or before the commencement of this Code, he shall, within three months of such commencement, be issued such appointment letter;
3. Numerical or timing control — (f) issue a letter of appointment to every employee on his appointment in the establishment, with such information and in such form as may be prescribed by the appropriate Government and where an employee has not been issued such appointment letter on or before the commencement of this Code, he shall, within three months of such commencement, be issued…
4. Central Rule mapping — 5, 6, 7, 8. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
5. Prescribed-form link recorded in the corpus — VIII. Confirm the current notified form/version before filing.
6. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Worker, Appropriate Government.

Rules, forms and cross-references

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

Q&A — Section 6

Source & verification trail