Section 18: Occupational safety and health standards

Finin2min analysis — what the section actually does

Full statutory text — Section 18

18. Occupational safety and health standards.—(1) The Central Government shall declare, by
notification, standards on occupational safety and health for workplaces relating to factory, mine, dock
work, beedi and cigar, building and other construction work and other establishments.
    (2) In particular and without prejudice to the generality of the power to declare standards to be
followed under sub-section (1), such standards shall relate to—
      (a) physical, chemical, biological and any other hazards to be dealt with for the working life of
   employee to ensure to the extent feasible on the basis of the best available evidence or functional
   capacity, that no employee will suffer material impairment of health or functional capacity even if
   such employee has regular exposure to such hazards;
      (b) the norms—
         (i) appraising the hazards to employees and users to whom such hazards are exposed;
         (ii) relating to relevant symptoms and appropriate energy treatment and proper conditions and
      precautions of safe use or exposure;
         (iii) for monitoring and measuring exposure of employees to hazards;
          (iv) for medical examination and other tests which shall be made available, by the employer or
      at his cost, to the employees exposed to hazards; and
         (v) for hazard evaluation procedures like safety audit, hazard and operability study, fault free
      analysis, event free analysis and such other requirements;
      (c) medical examination including criteria for detection and reporting of occupational diseases to be
   extended to the employees even after he ceases to be in employment, if he is suffering from an
   occupational disease which arises out of or in the course of employment;
      (d) such aspects of occupational safety and health relating to workplaces which the Central
   Government considers necessary on the report of the authority designated by such Government for
   such purpose;
      (e) such safety and health measures as may be required having regard to the specific conditions
   prevailing at the workplaces relating to mine, factory, building and other construction work, beedi and
   cigar, dock work or any other establishments notified; and
      (f) matters specified in the Second Schedule to this Code.
   (3) Notwithstanding anything contained in section 131, the Central Government may, on the basis of
the recommendation of the National Board and after notifying its intention so to do for not less than forty-
five days’, by notification, amend the Second Schedule.
   (4) The State Government may, with the prior approval of the Central Government, by notification
amend the standards made under sub-section (1) and sub-section (2) for the establishment for which it is
the appropriate Government situated in the State.

How to apply this provision

1. Primary statutory test — (1) The Central Government shall declare, by notification, standards on occupational safety and health for workplaces relating to factory, mine, dock work, beedi and cigar, building and other construction work and other establishments.
2. Additional operative limb — (2) In particular and without prejudice to the generality of the power to declare standards to be followed under sub-section (1), such standards shall relate to— (a) physical, chemical, biological and any other hazards to be dealt with for the working life of employee to ensure to the extent feasible on the basis of the best available evidence or functional capacity, that no employee will suffer material…
3. Numerical or timing control — (3) Notwithstanding anything contained in section 131, the Central Government may, on the basis of the recommendation of the National Board and after notifying its intention so to do for not less than forty- five days’, by notification, amend the Second Schedule.
4. Central Rule mapping — 11, 12. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
5. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Appropriate Government, Central Government, State Government, Authority / officer.

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 18

Source & verification trail