⚖️ Mines Act vs OSH Code — Powers of Inspectors
Simple comparison🚧
📘 Quick Summary
The OSH Code transforms the traditional "Inspector" into an "Inspector-cum-Facilitator," emphasizing a dual role of enforcement and education. The new law also modernizes inspection methods by explicitly allowing digital recording (photos/videos) and material testing.
📜 Old Law – Mines Act 1952
Section 7(1):
The Chief Inspector/Inspector could enter mines by day or night (without unreasonable obstruction), inquire into accidents, check ventilation/welfare, and take statements. They could search and seize records if an offense was suspected, but no person was compelled to answer questions that might incriminate them.
The Chief Inspector/Inspector could enter mines by day or night (without unreasonable obstruction), inquire into accidents, check ventilation/welfare, and take statements. They could search and seize records if an offense was suspected, but no person was compelled to answer questions that might incriminate them.
📗 New Law – OSH Code 2020
Section 35(1):
The "Inspector-cum-Facilitator" retains entry powers but gains new responsibilities:
The "Inspector-cum-Facilitator" retains entry powers but gains new responsibilities:
- To supply information and sensitize employers/workers on safety.
- To take measurements, photographs, and videographs.
- To take samples of air/substances and direct dangerous articles to be dismantled or tested.
📊 Side-by-Side Comparison
| Aspect | Mines Act 1952 (Sec 7(1)) | OSH Code 2020 (Sec 35(1)) |
|---|---|---|
| Designation | Inspector / Chief Inspector | Inspector-cum-Facilitator |
| Primary Role | Inspection & Enforcement | Inspection, Enforcement & Sensitization |
| Evidence Collection | Take statements & seize records | Statements, records, photos, videos, & samples |
| Handling Hazards | Inspect & Inquire | Can direct to dismantle or test dangerous articles |
🔍 What Changed & Why It Matters
The addition of "Facilitator" to the title is significant. Inspectors are now legally bound to help mines comply, not just find faults. Furthermore, the explicit power to take photos/videos modernizes the investigation process, making evidence collection for accidents much stronger and digitised.
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