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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 obtained production-process details of Sagar Chemicals Ltd. during an inspection. To which of the following may such confidential information be disclosed without breaching the secrecy provision of the Code?

Disclosure may be made to a Commissioner for employees' compensation under the Employees' Compensation Act, 1923. The Code's secrecy rule lists permitted recipients such as courts, Boards, official superiors and such Commissioners, but competitors, media and trade associations are not among them.

  1. AA competitor firm seeking technical know-how
  2. BA Commissioner for employees' compensation appointed under the Employees' Compensation Act, 1923Correct
  3. CA newspaper reporting on industry practices
  4. DA trade association of rival manufacturers

Explanation

Section 39(2) excepts disclosure to a court, a Committee or Board under the Code, an official superior or the employer, a Commissioner for employees' compensation, the Controller, Indian Bureau of Mines, and officers specified by the appropriate Government. Competitors, press and trade associations are not listed, so disclosure to them is barred unless the Inspector considers it necessary for the health, safety or welfare of employed persons.

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