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      Question

      Under Section 13 of the OSH Code, 2020, which of the

      following is NOT among the duties expressly cast upon every employer towards their workers?
      A Provide and maintain a working environment that is safe and without risk to health Correct Answer Incorrect Answer
      B Provide free of charge all necessary personal protective equipment to workers Correct Answer Incorrect Answer
      C Provide workers with free legal representation in all employment-related disputes Correct Answer Incorrect Answer
      D Ensure safety in the use, handling, storage, and transport of articles and substances Correct Answer Incorrect Answer

      Solution

      Section 13 of the OSH Code, 2020 casts a comprehensive set of statutory duties on every employer for ensuring the safety, health, and welfare of their workers. These duties include: (i) provision and maintenance of a safe and healthy working environment without risk to health; (ii) provision of all necessary safety equipment and personal protective equipment free of charge; (iii) ensuring safety in use, handling, storage, and transport of articles and hazardous substances; (iv) provision of such information, instruction, training, and supervision as is necessary to ensure the health and safety of workers; and (v) maintenance of plants and systems of work in a safe and risk-free condition. Providing free legal representation is not among the employer's statutory duties under the Code it is neither practical nor legally mandated. Under Section 13(2), where an employer fails to comply with these duties, the Inspector-cum-Facilitator may issue an improvement notice giving a reasonable time to comply, and a prohibition notice in cases of imminent danger. Employers are also obligated to report all accidents, dangerous occurrences, and occupational diseases to the Inspector-cum-Facilitator within the prescribed time.

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