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CS Professional · Labour Laws and Practice · Industrial and Labour Laws Audit

Under the OSH Code, 2020, an appropriate Government has notified a scheme for third party audit. Which statement correctly describes how an empanelled expert is assigned to audit Bharat Steel Fabricators, a start-up covered by the scheme?

The expert is assigned in a randomised manner by the appropriate Government through a web-based scheme. The employer cannot choose the auditor, which protects independence under the OSH Code's third party audit and certification provision.

  1. AThe employer picks any expert from the panel by mutual agreement
  2. BThe expert is assigned in a randomised manner by the appropriate Government through a web-based schemeCorrect
  3. CThe Inspector-cum-Facilitator nominates the expert by physical order
  4. DThe expert is assigned by the Comptroller and Auditor-General of India

Explanation

Section 37(2)(a) requires assignment of the third party audit and certification in a randomised manner by the appropriate Government through a web-based scheme. Employer choice would defeat the independence the randomisation is meant to secure. The CAG has no role here.

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