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

Meera, a former employee of a Gujarat factory, left service last year and now shows symptoms of an occupational disease that arose out of her employment there. Under the standards provision of the Code (Section 18), what is the position on medical examination?

Medical examination under the standards can be extended to her even after she left employment, because her occupational disease arose out of or in the course of that employment. Section 18(2)(c) specifically covers ex-employees, so ceasing service does not end the coverage.

  1. AMedical examination criteria may extend to her even after she ceased employment, since the disease arose out of or in the course of employmentCorrect
  2. BShe is entitled to no examination because she is no longer an employee
  3. CShe is entitled only if she resigns within one year
  4. DOnly the current employees may be examined under the standards

Explanation

Section 18(2)(c) covers medical examination, including criteria for detection and reporting of occupational diseases, to be extended to employees even after they cease employment if they suffer an occupational disease arising out of or in the course of employment. Leaving service therefore does not remove the coverage.

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