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CS Professional · Labour Laws and Practice · Law of Welfare and Working Condition

Ganga Builders is executing a building construction project. A delivery driver of a supplier, who is not its employee, enters the site without the knowledge of the contractor's management and is injured by unsafe scaffolding. Under the OSH Code, 2020, the employer's responsibility is:

For construction work, the employer is responsible for the safety and health of employees, workers and other persons on the work premises, whether or not he knows of their presence. The driver's non-employee status and the lack of management knowledge are therefore no defence.

  1. ANone, because the driver is not an employee
  2. BLimited to employees on the payroll
  3. COnly to inform the supplier of the injury
  4. DResponsible for the safety and health of employees, workers and other persons on the work premises, with or without his knowledgeCorrect

Explanation

Section 6(1)(h) makes the employer, for building or other construction work (and factory, mine, dock work or plantation), responsible for the safety and health of employees, workers and other persons on the work premises, with or without his knowledge. Options A and B ignore the words 'other persons', and C is not a statutory standard.

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