RCD Chemicals Ltd., a factory engaged in the manufacture of industrial chemicals, employs a large number of workers in processes that involve handling and exposure to hazardous and toxic material. The workers are require

The matter is pertaining to the provisions of the Occupational Safety, Health and Working Conditions Code, 2020, which imposes a statutory duty on employers to ensure the health, safety, and welfare of workers in establishments, particularly where hazardous processes are involved. Under Section 6 of the Code, the employer: is obligated to provide a safe working environment, adequate protective equipment, and necessary safety measures to workers exposed to dangerous substances; ensures that workplace is free from hazards which cause or are likely to cause injury or occupational disease to the employees; comply with the occupational safety and health standards; provide such annual health examination or test free of costs to such employees of such age or such class of employees of establishments or such class of establishments, as may be prescribed by the appropriate Government; provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of the employees; ensure the disposal of hazardous and toxic waste including disposal of e-waste; ensure and be responsible for the safety and health of employees, workers and other persons who are on the work premises of the employer, with or without his knowledge, as the case may be. Specific Duties of Employer: The duties of an employer shall particularly in respect of factory include- the provision and maintenance of plant and systems of work in the workplace that are safe and without risk to health; the arrangements in the workplace for ensuring safety and absence of risk to health in connection with the use, handling, storage and transport of articles and substances; the provision of such information, instruction, training and supervision as are necessary to ensure the health and safety of all employees at work; the maintenance of all places of work in the workplace in a condition that is safe and without risk to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risk; the provision, maintenance or monitoring of such working environment in the workplace for the employees that is safe, without risk to health as regards facilities and arrangements for their welfare at work. Section 8 of the Occupational Safety, Health and Working Conditions Code, 2020 places a duty on manufacturers to ensure that every article used at work is safe, without risks to health of the workers when properly used. Additionally, Section 23(1) states that the employer shall be responsible to maintain in his establishment such health, safety and working conditions for the employees as may be prescribed by the Central Government. The failure of RCD Chemicals Ltd. to provide protective gear and conduct health examinations therefore amounts to a serious violation of statutory safety obligations. The complaint may be investigated by an Inspector-cum-Facilitator appointed under the Code. Upon receiving the complaint, the Inspector-cum-Facilitator may enter the factory premises, examine records and registers, and conduct inquiries. The Inspector-cum-Facilitator may also conduct an inspection of the establishment. If violations are established, the authority may direct the employer to implement immediate safety measures and provide protective equipment. The affected workers may also receive medical assistance and appropriate compensation for occupational illness. Additionally, the employer may be subjected to penalties for contravention of the Code. Thus, the labour authority can enforce compliance and initiate necessary legal action against the employer.