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CS Executive · Setting Up of Business, Industrial and Labour Laws · The Occupational Safety, Health and Working Conditions Code, 2020

An Inspector-cum-Facilitator inspects Lotus Packaging Pvt. Ltd. after a worker complains of unsafe machinery. The employer asks, during the inspection, whether a worker complained, and also files an RTI application seeking the complainant's name. What is the position under the Code?

The Inspector must not disclose the complainant's identity without the complainant's consent and must not tell the employer that the inspection is due to the complaint. This protection applies notwithstanding the Right to Information Act, 2005, so an RTI request cannot compel disclosure.

  1. AThe Inspector may disclose the source if the employer pays the prescribed fee
  2. BThe Inspector may disclose the source because the RTI Act overrides the Code
  3. CThe Inspector may disclose the source only to the employer but not under RTI
  4. DThe Inspector must not disclose the source without the complainant's consent, nor reveal that the inspection arises from the complaintCorrect

Explanation

Section 39(3) applies notwithstanding the Right to Information Act, 2005. The Inspector shall not disclose the source of a complaint without the complainant's consent, and shall not tell the employer or representatives that the inspection is made because of the complaint. So the RTI route does not override this protection.

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