OSH 118 — Onus of proving limits of what is practicable, etc

Occupational Safety, Health and Working Conditions Code, 2020

Statutory text

In any proceeding for an offence for the contravention of any provision of this Code or regulations or bye-laws or rules made there under consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or all practicable measures were taken to satisfy the duty or requirement.

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