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The Occupational Safety, Health and Working Conditions Code

Chapter IV - Occupational Safety and Health

Section 18: Occupational safety and health standards

(1) The Central Government shall declare, by notification, standards on occupational safety and health for workplaces relating to factory, mine, dock work, beedi and cigar, building and other construction work and other establishments.

(2) In particular and without prejudice to the generality of the power to declare standards to be followed under sub-section (1), such standards shall relate to—
(a) physical, chemical, biological and any other hazards to be dealt with for the working life of employee to ensure to the extent feasible on the basis of the best available evidence or functional capacity, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to such hazards;
(b) the norms—
(i) appraising the hazards to employees and users to whom such hazards are exposed;
(ii) relating to relevant symptoms and appropriate energy treatment and proper conditions and precautions of safe use or exposure;
(iii) for monitoring and measuring exposure of employees to hazards;
(iv) for medical examination and other tests which shall be made available, by the employer or at his cost, to the employees exposed to hazards; and
(v) for hazard evaluation procedures like safety audit, hazard and operability study, fault free analysis, event free analysis and such other requirements;
(c) medical examination including criteria for detection and reporting of occupational diseases to be extended to the employees even after he ceases to be in employment, if he is suffering from an occupational disease which arises out of or in the course of employment;
(d) such aspects of occupational safety and health relating to workplaces which the Central Government considers necessary on the report of the authority designated by such Government for such purpose;
(e) such safety and health measures as may be required having regard to the specific conditions prevailing at the workplaces relating to mine, factory, building and other construction work, beedi and cigar, dock work or any other establishments notified; and
(f) matters specified in the Second Schedule to this Code.

(3) Notwithstanding anything contained in section 131, the Central Government may, on the basis of the recommendation of the National Board and after notifying its intention so to do for not less than forty-five days, by notification, amend the Second Schedule.

(4) The State Government may, with the prior approval of the Central Government, by notification amend the standards made under sub-section (1) and sub-section (2) for the establishment for which it is the appropriate Government situated in the State.