5. (1) No employer of an establishment being factory or mine or relating to contract
labour or building or construction work shall use such establishment to commence the
operation of any industry, trade, business, manufacture or occupation thereon without
sending notice of such purpose in such form and manner and to such authority and
within such time as may be prescribed by the appropriate Government and shall also
intimate the cessation of such operation in the prescribed manner to the said authority.
(2) The appropriate Government shall provide electronic receipt of notice or
intimation referred to in sub-section (1).
CHAPTER III
DUTIES OF EMPLOYER AND EMPLOYEES, ETC.
 6. (1) Every employer shall,—
(a) ensure that workplace is free from hazards which cause or are likely to
cause injury or occupational disease to the employees;
(b) comply with the Occupational Safety and Health standards made under
this Code and of the regulations, rules, bye-laws and orders made thereunder;
(c) provide such annual health examination or test free of costs to such
employees of such age or such class of employees or establishments or such
class of establishments, as may be prescribed by the appropriate Government;
(d) provide and maintain, as far as is reasonably practicable, a working
environment that is safe and without risk to the health of the employees;
(e) ensure the disposal of hazardous and toxic waste including disposal of
e-waste;
(f) issue a letter of appointment to every employee on his appointment in
the establishment, with such information as may be prescribed by the appropriate
Government and where an employee has not been issued such appointment letter
on or before the commencement of this Code, he shall, within three months of
such commencement, be issued such appointment letter;
(g) ensure that no charge is levied on any employee, in respect of anything
done or provided for maintenance of safety and health at workplace including
conduct of medical examination and investigation for the purpose of detecting
occupational diseases;
(h) ensure and be responsible for the safety and health of persons who are
in the work premises of the factory, mine, dock work, building or other construction
work or plantation, with or without the knowledge of such employer, as the case
may be.
(2) Without prejudice to the generality of the provisions of sub-section (1), the
duties of an employer shall particularly in respect of factory, mines, dock, building and
other construction work or plantation include—
(a) the provision and maintenance of plant and systems of work in the
workplace that are safe and without risk to health;
Notice by
employer of
commencement
and cessation
of operation.
Duties of
employer.
5
10
15
20
25
30
35
40
45
15
(b) the arrangements in the workplace for ensuring safety and absence of
risk to health in connection with the use, handling, storage and transport of
articles and substances;
(c) the provision of such information, instruction, training and supervision
as are necessary to ensure the health and safety of all employees at work;
(d) the maintenance of all places of work in the workplace in a condition that
is safe and without risk to health and the provision and maintenance of such
means of access to, and egress from, such places as are safe and without such
risk;
(e) the provision, maintenance or monitoring of such working environment
in the workplace for the employees that is safe, without risk to health as regards
facilities and arrangements for their welfare at work.