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

Ramesh worked in a chemical unit in Vadodara and has left the job. A year later he is found to be suffering from an occupational disease arising out of his employment there. Under the standards contemplated by the OSH Code, 2020, what follows?

Medical examination and reporting criteria can extend to him after he leaves. Section 18(2)(c) of the OSH Code, 2020 says that an employee suffering from an occupational disease arising out of or in the course of employment can be covered even after ceasing employment.

  1. AMedical examination and reporting criteria may extend to him even after he ceases employmentCorrect
  2. BNo medical examination is possible because the employment has ended
  3. CExamination is allowed only if he rejoins the establishment
  4. DOnly the State Government may examine him, at his own cost

Explanation

Section 18(2)(c) provides that the standards cover medical examination, including criteria for detecting and reporting occupational diseases, to be extended to the employee even after he ceases to be in employment if he suffers from an occupational disease arising out of or in the course of employment. Hence the claim that examination ends with employment is wrong.

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