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CMA Intermediate · Business Laws and Ethics · Factories Act, 1948

Under the Occupational Safety, Health and Working Conditions Code, 2020, information relating to a manufacturing or commercial business or working process acquired by an Inspector-cum-Facilitator during an inspection is treated as confidential. Which statement is correct?

Such information is confidential, both during and after service. It can be disclosed only if the Inspector-cum-Facilitator considers disclosure necessary to ensure the health, safety or welfare of any person employed in the establishment, or under the specific exceptions listed in the section.

  1. AIt may be freely disclosed to any person after the Inspector-cum-Facilitator leaves service
  2. BIt is confidential and may be disclosed only where the Inspector-cum-Facilitator considers it necessary to ensure the health, safety or welfare of any person employed in the establishmentCorrect
  3. CIt is confidential only while the Inspector-cum-Facilitator remains in service
  4. DIt may be disclosed to any trade competitor on written request

Explanation

Section 39(1) makes such information confidential, during service and after leaving service. The only general exception is where the Inspector-cum-Facilitator considers disclosure necessary for the health, safety or welfare of employed persons. The option saying confidentiality ends on leaving service is wrong because the section expressly covers the period after service.

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