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

Kaveri Constructions is building a commercial complex in Pune. A visiting surveyor, who is not an employee, entered the site without the company's knowledge and was exposed to an unguarded excavation. As regards the employer's duty under the OSH Code for building or construction work, which statement is correct?

For building or construction work, the employer must ensure and be responsible for the safety and health of employees, workers and other persons on the work premises, whether or not the employer knows they are there. Hence the visiting surveyor is covered by the duty.

  1. AThe employer owes safety duties only to persons on its payroll
  2. BThe employer is responsible only for persons it has permitted to enter in writing
  3. CThe employer is responsible only for contract workers and not for visitors
  4. DThe employer must ensure and be responsible 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 of a factory, mine, dock work, building or other construction work or plantation responsible for the safety and health of employees, workers and other persons on the work premises, with or without his knowledge. So the surveyor is covered even though entry was unknown. Limiting duty to payroll staff is wrong.

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