Safety Provisions — Labour Law II Notes

Safety Provisions

Health keeps a worker from getting sick; safety keeps him from getting maimed. A single unfenced gear or an untested lift can take a hand in a second, so the Code piles on precautions around machinery and dangerous operations.

The safety measures (standards under Section 18; Safety Committee under Section 22)

Every employer must protect workers from the physical hazards of the plant:

Fencing of machinery — every dangerous part of machinery must be securely fenced or guarded.
Work on or near machinery in motion — only by trained adult workers, with precautions.
Employment of young persons on dangerous machines — barred unless trained and supervised.
Hoists, lifts, lifting machines, chains and ropes — of sound construction, tested and periodically examined.
Pressure plant, floors, stairs and means of access — safe construction and maintenance.
Dangerous operations and hazardous processes — special safeguards, and disclosure of dangers; precautions against fire, explosion and toxic release.
Safety Committee and Safety Officers — in larger or hazardous establishments, a bipartite Safety Committee and qualified Safety Officers must be appointed.

Section 22, OSH Code 2020 (in brief): the appropriate Government may require, in any establishment or class of establishments, the constitution of a Safety Committee (representatives of employers and workers) and the appointment of Safety Officers, as prescribed. The detailed measures above (fencing, hoists, dangerous operations) are carried forward as occupational safety and health standards notified under Section 18 and the special provisions for factories.

In Simple Terms: Guard every dangerous machine, test lifts and chains, keep floors and access safe, take special care with hazardous processes and fire, and — in bigger/hazardous plants — set up a Safety Committee and safety officers.

🧩 WORKED EXAMPLE — the unfenced machine

Facts. A worker’s hand is caught in an unfenced dangerous part of a machine.

Rule. Every dangerous part of machinery must be securely fenced or guarded (safety provisions).

Apply. The employer failed to fence the dangerous part, breaching the safety duty; the injury flows from that breach.

Conclusion. The employer is liable for breach of the safety provisions (and the injured worker may separately claim employee’s compensation — Unit I).

flowchart TD
    ROOT["Safety provisions"]:::root
    ROOT --> M["Fencing of dangerous machinery"]:::leaf
    ROOT --> L["Hoists, lifts, chains, ropes — tested"]:::leaf
    ROOT --> D["Dangerous operations & hazardous processes"]:::leaf
    ROOT --> F["Fire & explosion precautions"]:::leaf
    ROOT --> SC["Safety Committee & Safety Officers (larger/hazardous)"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

M.C. Mehta v Union of India (1987) — absolute liability for harm from hazardous plant; the strictest safety standard applies.

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