Section 40 of the Occupational Safety, Health and Working Conditions Code, 2020 requires every employer…
Section 40 casts the duty to afford reasonable facilities on ‘every employer’. Under section 2(1)(u)(ii), ‘employer’ includes, in relation to a mine, the owner of the mine…
Choose your answer
Section 40 of the Occupational Safety, Health and Working Conditions Code, 2020 requires every employer of an establishment to afford the Chief Inspector-cum-Facilitator and every Inspector-cum-Facilitator all reasonable facilities for making any entry, inspection, survey, measurement, examination or inquiry under the Code. In relation to a mine, which of the following persons is covered by the term ‘employer’ for this purpose?
Answer and explanation
Correct answer D
Section 40 casts the duty to afford reasonable facilities on ‘every employer’. Under section 2(1)(u)(ii), ‘employer’ includes, in relation to a mine, the owner of the mine and the agent or manager referred to in section 67. The owner, the agent and the manager are therefore all bound to afford these facilities (as they were under the former section 9 of the Mines Act, 1952).
Choosing the owner, the agent or the manager alone would be incomplete, because the definition of employer covers all three.
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Gujarat Legal Assistant (GMDC)