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      Question

      The OSH Code, 2020 imposes distinct statutory duties on

      both employers and employees. Which of the following correctly captures the key duties of employees under Section 7 and how does this differ from the traditional approach of older laws like the Factories Act, 1948?
      A Employees are required under Section 7 to: (i) take reasonable care of their own health and safety and that of other persons who may be affected by their acts/omissions; (ii) comply with safety obligations prescribed by the Code; (iii) not wilfully misuse or damage any safety equipment provided; and (iv) report unsafe conditions to the employer or safety officer marking a shift from older laws which placed duties almost entirely on employers Correct Answer Incorrect Answer
      B Employees have no statutory duties under the OSH Code; all safety obligations rest exclusively on the employer Correct Answer Incorrect Answer
      C Employees must obtain personal safety certifications before commencing work; failure to do so attracts a fine of ₹50,000 Correct Answer Incorrect Answer
      D Employee duties under the OSH Code apply only to workers in hazardous processes; workers in non-hazardous establishments have no statutory safety obligations Correct Answer Incorrect Answer

      Solution

      Section 7 of the OSH Code, 2020 is a conceptually significant reform for the first time, Indian occupational safety law explicitly imposes statutory duties directly on employees, not merely on employers. The old Factories Act, 1948 was primarily employer-centric, treating workers as passive recipients of safety protections rather than active participants in workplace safety. Section 7(a) casts a duty of reasonable care on every employee for their own safety and the safety of others who may be affected by their actions or omissions at the workplace mirroring principles from the UK Health and Safety at Work Act, 1974. Section 7(b) requires employees to cooperate with the employer in fulfilling any duty or requirement imposed under the Code. Section 7(c) prohibits employees from wilfully or recklessly interfering with or misusing any appliance, convenience, or other thing provided for the purpose of securing the welfare, safety, or health of persons under the Code making deliberate sabotage of safety equipment a statutory violation. Section 7(d) requires employees to report to the employer any unsafe or unhealthy condition at the workplace creating an affirmative duty to flag hazards, not merely avoid them. These duties complement the broader employer obligations under Section 6, which include providing safe work environment, adequate welfare facilities, annual health check-ups for workers in hazardous processes, and maintenance of safety records and registers.

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