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FAQs on the Occupational Safety, Health and Working Conditions Code, 2020, and the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 

Posted On - 3 June, 2026

These FAQs have been prepared to provide clarity on the key aspects on the Occupational Safety, Health and Working Conditions Code, 2020 (“OSH Code” or “Code”) (effective from November 21, 2025) and the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (effective from May 08, 2026) (“OSH Rules”). They are intended to serve as a practical guide for employers, HR professionals and industry stakeholders navigating the evolving occupational safety, health and working conditions framework in India.

  1. Which erstwhile laws have been subsumed into the OSH Code?

The OSH Code consolidates and repeals the following 13 (thirteen) central legislations:

  1. The Factories Act, 1948;
  2. The Plantations Labour Act, 1951;
  3. The Mines Act, 1952;
  4. The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955;
  5. The Working Journalists (Fixation of Rates of Wages) Act, 1958;
  6. The Motor Transport Workers Act, 1961;
  7. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966;
  8. The Contract Labour (Regulation and Abolition) Act, 1970;
  9. The Sales Promotion Employees (Conditions of Service) Act, 1976;
  10. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979;
  11. The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981;
  12. The Dock Workers (Safety, Health and Welfare) Act, 1986; and
  13. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
  1. What is the applicability of the OSH Code and who does it cover and exclude?

The OSH Code applies to all “establishments” as defined under section 2(v) of the Code, which inter alia include:

  1. Any place engaged in any industry, trade, business, manufacturing or occupation employing 10 (ten) or more workers;
  2. Motor transport undertakings, newspaper establishments, audio-visual productions, construction activities, plantations employing 10 (ten) or more workers;
  3. Factories employing ten or more workers; and
  4. Mines, ports and dock work, irrespective of number of workers employed;

Further, the OSH Code extends to workers, employees, contract labour, inter-State migrant workers, audio-visual workers, working journalists, sales promotion employees, building workers, dock workers, plantation workers and motor transport workers, as defined under the Code.

However, it does not apply to: (i) offices of the Central Government or State Governments (except in respect of contract labour employed therein); and (ii) any ship of war of any nationality.

  1. What is the revised factory classification threshold under OSH Code?

The OSH Code defines a “factory” as any premises where:

  1. 20 (twenty) or more workers are working (or were working on any day in the preceding 12 months) and any part of which carries on a manufacturing process with the aid of power; or
  2. 40 (forty) or more workers are working (or were working on any day in the preceding 12 months) and any part of which carries on a manufacturing process without the aid of power.

This represents a significant revision from the thresholds under the erstwhile Factories Act, 1948, which defined ‘factory’ as inter alia any premises where:

  1. 10 (ten) or more workers are employed with power; or
  2. 20 (twenty) or more workers are employed without power.

The revised threshold effectively reduces the compliance burden on smaller establishments that previously fell within the definition of a ‘factory’.

  1. How does the OSH Code expand the definition of inter-State migrant workers, and regulate their registration?

The OSH Code significantly broadens the scope of inter-State migrant workers to make the framework more inclusive.

Under the OSH Code, an inter-State migrant worker includes a person who, under an agreement or arrangement and draws wages not exceeding INR 18,000 per month (or such higher amount as notified by the Central Government):

  1. is recruited directly by an employer or contractor in one State for employment in an establishment in another State; or
  2. has come on his own from one State and obtained employment in an establishment of another State (i.e., the destination State), or has subsequently changed the establishment within the destination State

Under the erstwhile Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, only workers recruited through contractors or employers were covered, leaving voluntary migrants outside the statutory framework.

The inter-state migrant workers may self-register on the designated web-portal using self-declaration and Aadhaar. This registration framework also extends to workers who have migrated from one state to any other state and are self-employed in that other state.

  1. How is annual leave calculated under the OSH Code?

Annual leave with wages for workers is governed under Section 32 of the OSH Code. Every worker employed in an establishment is entitled to annual leave with wages in a calendar year, subject to the following conditions:

  1. Eligibility threshold: The worker must have worked for 180 (one hundred and eighty days) or more in the calendar year. Periods of layoff, maternity leave or annual leave availed by the worker are counted towards the 180 (one hundred eighty) days threshold, but the worker does not earn leave for such periods.
  2. Rate of accrual: 1 (One) day of leave for every 20 (twenty) days of work (for adult workers); 1 (one) day for every 15 (fifteen) days of work for adolescent workers; and 1 (one) day for every 15 (fifteen) days of work for workers employed below ground in a mine.
  3. Pro-rata Entitlement for Partial Year Service: If the worker’s service commences other than on 1 January, the worker is entitled to leave at the prescribed rate if he has worked for one-fourth of the total number of days remaining in the calendar year.
  4. Carry-forward: Un-availed leave is carried forward to the next year, subject to a maximum carry-forward of 30 (thirty) days. Where leave has been applied for but refused by the employer, such refused leave can be carried forward without any limit.
  5. Encashment: The worker is entitled, on demand, to encash leave at the end of the calendar year. Additionally, if the total accumulated leave exceeds 30 (thirty) days, the excess may also be encashed.
  6. Terminal encashment: In case of discharge, dismissal, quitting employment, superannuation or death, the worker (or his heirs/nominees) is entitled to wages in lieu of all accrued leave, calculated on a proportionate basis even if the 180 (one hundred eighty) days threshold has not been met. Such payment must be made within 2 (two) working days of discharge/dismissal/quitting, or within 2 (two) months in the case of superannuation or death.
  7. Treatment of holidays during leave: Holidays falling during leave, whether prefixed or suffixed, are excluded from the leave period counted. Employers should note that if any applicable award, agreement or contract of service provides for a longer annual leave, then the quantum of leave shall be as per such instrument, but leave shall be regulated in accordance with the OSH Code in respect of matters not provided for in such award, agreement or contract of service.
  1. What new categories of workers are recognized under OSH Code?

The OSH Code introduces two significant new categories of workers i.e., audio – visual workers and working journalists. These categories of workers were previously not comprehensively covered under a unified labour statute:

  1. Audio-Visual Workers:

An Audio-visual worker means a person employed directly or through a contractor in or in connection with an ‘Audio-visual production’ and includes artists such as actors, musicians, singers, anchors, news readers, dancers, dubbing artists and stunt persons, as well as any person doing skilled, unskilled, manual, supervisory, technical or artistic work in connection with the production.

An ‘Audio visual production’ refers to productions made wholly or partly in India and includes animation, cartoon depiction, audio-visual advertisements, digital production, feature films, non-feature films, television programmes, web-based serials, talk shows, reality shows and sport shows.

  1. Working Journalists 

A working journalist is a person whose principal occupation is that of a journalist and who is employed as such (whole-time or part-time) in or in relation to one or more newspaper establishments, or in any establishment relating to electronic media or digital media such as newspaper, radio or other like media.

This category includes persons such as editors, leader-writers, news editors, sub-editors, feature-writers, copy-testers, reporters, correspondents, cartoonists, news-photographers, and proof-readers. However, persons employed mainly in a managerial, supervisory, or administrative capacity are excluded.

  1. What are the duties and obligations of an employer under the OSH Code?

The OSH Code, inter alia, provides for the following duties and obligations for the employer:

  1. Registration of establishment, within 60 (sixty) days of applicability of OSH Code, using Form I provided under the OSH Rules. However, any establishment which is already registered under any other Central labour legislation is not required to obtain registration again under OSH Code and such establishment shall be deemed to be registered for the purposes of the OSH Code.
  2. Issue a letter of appointment to every employee at the time of appointment, containing information inter alia with respect tothe name of the employee, date of birth, date of joining, labour identification number of the establishment, applicability of social security benefits, wages / basic pay / dearness allowance, etc. Employers who have not issued appointment letters before commencement of the OSH Code must issue the same within 3 (three) months from the commencement of the Code.
  3. Ensure that the workplace is free from hazards that cause or are likely to cause injury or occupational disease to employees.
  4. Provide free annual health examinations or tests for employees engaged in dock work, building or other construction work, who have completed 40 (forty) years of age.
  5. Provide and maintain safe, healthy and suitable working conditions in the establishment, including cleanliness and hygiene; proper ventilation and lighting; safe drinking water, etc.
  6. Establishments employing more than 50 (fifty) workers must provide a crèche for children below 6 (six) years of age, either on their own or through shared/common facilities.
  7. Employers must maintain Registers for wages, overtime, deductions, leave with wages, etc. must issue wage slips, file annual returns, as prescribed under the OSH Rules.
  1. What are the duties and obligations of an employee under the OSH Code?

The OSH Code, under Section 13, inter alia, sets out the duties of employees at the workplace, as follows:

  1. Take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at the workplace;
  2. Comply with the safety and health requirements;  
  3. Co-operate with the employer in meeting the employer’s statutory obligations under the OSH Code, such as maintaining safe and healthy working conditions, and ensuring the workplace is free from hazards, etc.;
  4. Report unsafe or unhealthy situations as soon as practicable to the employer or to the health and safety representative, who shall report it to the employer in the prescribed manner;
  5. Not wilfully interfere with, misuse or neglect any appliance, or any other thing provided at the workplace for the purpose of securing the health, safety and welfare of workers; and
  6. Not do, wilfully and without reasonable cause, anything likely to endanger himself or others.
  1. How has the applicability threshold for contract labour provisions changed under OSH Code?

Under the OSH Code, the provisions relating to contract labour apply to:

  1. Every establishment in which 50 (fifty) or more contract labourers are employed, or were employed on any day of the preceding 12 (twelve) months through contract; or
  2. Every manpower supply contractor who has employed 50 (fifty) or more contract labour, on any day of the preceding 12 (twelve) months.

This represents a significant revision from the erstwhile Contract Labour (Regulation and Abolition) Act, 1970, under which the threshold was 20 (twenty) or more contract labour. By raising the threshold to 50 (fifty), the OSH Code effectively reduces the compliance burden for smaller establishments and contractors.

The provisions pertaining to contract labourers also do not apply to establishments in which work of an intermittent or casual nature is performed. However, work shall not be deemed intermittent if it was performed for more than 120 (one hundred and twenty) days in the preceding 12 (twelve months), or if it is of seasonal character, performed for more than 60 (sixty) days in a year.

However, it is important to note that even when the threshold of fifty contract labour is not met, the general obligations of the OSH Code (including registration, employer duties, health and safety, welfare facilities and working hours) continue to apply to the establishment.

  1. How are ‘core’ and ‘non-core activities’ defined under the Code for the purposes of Contract Labour?

The OSH Code introduces an important distinction between “core” and “non-core” activities of an establishment, which directly governs when contract labour may or may not be deployed.

  1. Core Activity: A “core activity” means any activity for which the establishment is set up and includes any activity which is essential or necessary to such activity.
  2. Non-Core Activity: The OSH Code expressly carves out a list of activities that shall not be considered essential or necessary (and therefore not “core activities”) if the establishment is not set up for such activity, such as:
  1. sanitation work including sweeping, cleaning, etc.;
  2. watch and ward/security services;
  3. canteen and catering services;
  4. loading and unloading operations;
  5. hospitals, educational and training institutions, guest houses, clubs and similar establishments which are in the nature of support services;
  6. courier services which are in the nature of support services;
  7. civil and other construction works, including maintenance;
  8. housekeeping and laundry services and other like activities which are in the nature of support services; and
  9. transport services including ambulance services.

The OSH Code prohibits employment of contract labour in core activities. However, the principal employer may engage contract labour through a contractor for a core activity if:

  1. The normal functioning of the establishment is such that the activity is ordinarily done through a contractor;
  2. The activities do not require full-time workers for the major portion of working hours in a day or for longer periods; or
  3. There is a sudden increase in the volume of work in the core activity which needs to be accomplished in a specified time.

Further, if any question arises as to whether a particular activity of an establishment is a core activity or not, an aggrieved party may apply to the appropriate Government, which may refer the matter to a designated authority. Employers are advised to carry out an internal review of their activities to identify which functions are core and which are non-core, to avoid inadvertent contraventions of the contract labour prohibition.

  1. How does the OSH Code improve ease of doing business for Multinational Corporations (MNCs)?

The OSH Code introduces several measures that significantly ease compliance for large employers, including MNCs operating across multiple States in India, such as:

  1. Centralized Digital Registration: Under the OSH Code and OSH Rules, all establishments are required to register electronically on a single platform i.e., the Shram Suvidha Portal. in Form-I. This replaces the earlier requirement of separate registrations under multiple statutes with multiple authorities across several States.
  2. Single Registration for Central Government Establishments: For MNCs and entities classified as “Central Government establishments” (such as those in railways, mines, oil fields, major ports, air transport, telecom, banking, insurance and Central Public Sector Undertakings), the Central Government is the appropriate Government, providing a single regulatory interface regardless of the States in which they operate.
  3. Single Contractor License: Under the OSH Rules, any contractor who is desirous of operating in more than one State or across India may apply for a single license through the Shram Suvidha Portal. If no response is received within 45 (forty-five) days, the license is deemed granted and auto-generated. This is a significant facilitation for MNCs using pan-India staffing contractors.
  4. Digital Compliance: All notices, returns, registers, wage slips, etc. to be filed and maintained under the OSH Code can be done electronically. The inspection scheme under the OSH Code provides for web-based inspections with randomised selection of establishments and inspectors, reducing the possibility of targeted inspections.
  5. Transition Relief: Establishments already registered under any Central labour law, or any other notified laws are deemed to be registered under the OSH Code, subject to updating particulars within the prescribed time. This avoids the burden of fresh registration for established entities.
  1. What are the working hours thresholds and overtime payment obligations under the OSH Code?

Under the OSH Code, the following working hour thresholds have been prescribed:  

  1. Daily Hours: No worker shall be required or allowed to work for more than 8 (eight) hours in a day and 48 (forty-eight) hours in a week. The spread-over including intervals shall be as notified by the appropriate Government.
  2. Weekly Days: No worker shall work for more than 6 (six) days in any 1 (one) week.
  3. Overtime: Overtime at twice the ordinary rate of wages is payable for work beyond the daily or weekly prescribed hours, whichever is more favourable to the workers. The worker’s consent is required for overtime. Further, as per the OSH Rules, overtime is capped at 144 (one-hundred and forty-four) hours in any quarter of a year.
  4. Adolescent Workers: The working hours of adolescent workers are regulated in accordance with the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.
  1. Are there any different thresholds for women’s working hours?

The OSH Code does not prescribe separate or reduced working hour thresholds for women workers.

However, a specific restriction applies with respect to timing. Women may be employed before 6:00 a.m. and beyond 7:00 p.m., only with their consent and subject to conditions relating to safety, holidays, working hours, maternity benefits and other conditions as prescribed under the OSH Rules.

  1. How does an employer register an establishment under the OSH Code, and what is the process prescribed under the OSH Rules?

The registration of an establishment is governed under Section 3 of the OSH Code read with Rule 3 of the OSH Rules.As per the said provisions, an employer is required to apply for registration of its establishment within 60 (sixty) days from the date of the Code becoming applicable to it.

The process for obtaining registration is provided under the OSH Rules as follows:

  1. The employer must apply for registration electronically through the Shram Suvidha Portal of the Ministry of Labour and Employment (or any other designated portal) in Form I.
  2. An employer of an establishment already registered under any other Central labour laws for the time being in force, shall within 6 (six) months from the date of coming into force of the OSH Rules, update the registration particulars in Form I. The application must contain prescribed particulars, including details of the establishment, proof of identity and address of the employer, details of manager/ agent of the establishment, details of contractor and number of inter-state migrant workers, if applicable.
  3. Certificate of Registration: The certificate of registration shall be issued in Form-III electronically and immediately, provided the application is complete in all respects. If the registering officer fails to act within the prescribed period, the establishment is deemed registered, and an electronic certificate is auto generated.
  4. Changes and closures: Any change in ownership, management or particulars furnished at registration must be updated on the portal within 30 (thirty) days of such change. On closure, the employer must apply for cancellation of registration online in Form II, after furnishing all statutory returns, paying all statutory dues and certifying that all dues to workers have been paid. The registering officer must cancel the registration within 60 (sixty) days of receipt of Form II.
  1. How does the OSH Code deal with corporate liability – can directors, managers and officers of a company be held personally liable for offences?

Section 109 of the OSH Code contains specific provisions dealing with corporate liability, allowing for prosecution of individual officers of a company.

  1. Primary liability: Where an offence under the OSH Code has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of its business, as well as the company itself, shall be deemed to be guilty of the offence and liable to be proceeded against and punished accordingly. This means the company and responsible individuals can both face prosecution for the same offence.

A person is not liable under Section 109(1) of OSH Code if he proves that:

  1. the offence was committed without his knowledge; or
  2. he had exercised all due diligence to prevent the commission of the offence.
  1. Secondary liability : Where it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, company secretary or other officer of the company, such person shall also be deemed to be guilty and shall be liable to be proceeded against and punished accordingly.
  1. Are employers required to constitute a Safety Committee under the OSH Code? If so, which establishments are required to constitute one? How many safety officers should be appointed in each of these establishments?

Under Section 22(2) of the OSH Code read with the OSH Rules, the appropriate government may, by general or special order, require an employer to constitute a Safety Committee comprising of representatives of employers or workers i.e. safety officers (who must possess prescribed qualifications and perform prescribed duties).

Further, the following establishments are mandatorily required to appoint Safety Officers:

  1. a factory employing 500 (five hundred) or more workers;
  2. a factory carrying on a hazardous process employing 250 (two hundred and fifty) or more workers;
  3. building or other construction work employing 250 (two hundred and fifty) or more workers; and
  4. a mine employing 100 (one hundred) or more workers.

In every establishment of dock work wherein 500 (five hundred) or more workers and building or other construction work wherein 250 (two-hundred and fifty) or more workers are ordinarily employed, the employer shall employ safety officer as per the scale mentioned below:

  1. For dock work: 1 (one) safety officer for up to 1000 (one thousand) dock workers; 2 (two) for up to 2000 (two thousand); 3 (three) for up to 5000 (five thousand); 4 (four) for up to 10000 (ten thousand); and one additional safety officer for every additional 5000 (five thousand) (or part thereof).
  2. For building/construction work: 1(one) safety officer for up to 500 (five hundred) workers; 2 (two) for up to 1000 (one thousand) workers; 3 (three) for up to 2000 (two thousand); 4 (four) for up to 5000 (five thousand); and 1 (one) for every additional 2000 (two thousand) (or part thereof).

At every mine, where 100 (one hundred) or more workers up to 500 (five hundred workers) are ordinarily employed, the employer shall appoint 1 (one) safety officer and an additional 1 (one) safety officer for every additional 500 (five hundred) workers or part thereof.

  1. What are an employer’s specific obligations when workers are employed in establishments involving hazardous processes?

The term “hazardous process”, under Section 2(za) of the OSH Code, refers to any process or activity in relation to an industry or plantation specified in the First Schedule of the OSH Code, where  unless special care is taken, raw materials, intermediate or finished products, by-products, hazardous substances, wastes or effluents thereof or spraying of any pesticides, insecticides or chemicals used therein, may cause material impairment to the health of persons engaged therein, or result in the pollution of the general environment.

Establishments involving hazardous processes are subject to heightened obligations as follows.

  1. Compulsory disclosure : The occupier of a factory involving a hazardous process, must disclose to workers, the Chief Inspector-cum-Facilitator, the local authority within whose jurisdiction the factory is situated and the general public in the vicinity, all information regarding dangers, health hazards and measures to overcome such hazards arising from exposure to or handling of materials or substances in the manufacturing, transportation, storage and other processes. The information must include details of quantities, specifications and characteristics of waste and manner of their disposal.
  2. Health and Safety Policy: At the time of registering the factory, the occupier must lay down a detailed policy on health and safety of workers and intimate it to the Chief Inspector-cum-Facilitator and the local authority. Any changes to this policy must be reported periodically.
  3. On-Site Emergency Plan: The occupier must draw up an on-site emergency plan and detailed disaster control measures with the approval of the Chief Inspector-cum-Facilitator, and make these known to workers and to the general public in the vicinity.
  4. Pre-commencement Notification: If a factory proposes to engage in a hazardous process at any time after commencement of the OSH Code, the occupier must inform the Chief Inspector-cum-Facilitator of the nature and details of the process at least 30 (thirty) days before commencement of the process. Failure to do so can result in a penalty and cancellation of the factory license.
  5. Health Records: The occupier must maintain accurate and up-to-date health records or medical records of workers exposed to chemical, toxic or other harmful substances, accessible to the workers.
  6. Qualified Supervisors: Persons possessing prescribed qualifications and experience in handling hazardous substances must be appointed to supervise such handling within the factory.
  7. Medical Examinations: Medical examination of every worker must be carried out: (i) before the worker is assigned to a job involving hazardous substances; and (ii) while continuing in such a job, and after ceasing to work in it, at intervals not exceeding 12 (twelve) months.
  8. Handling Procedures: With the previous approval of the Chief Inspector-cum-Facilitator, the occupier must lay down measures for handling, usage, transportation and storage of hazardous substances inside and the disposal outside the factory and publicise them among workers and the general public in the vicinity.
  9. Permissible Exposure Limits: The maximum permissible limits of exposure to chemical and toxic substances must be adhered to in all manufacturing processes.
  1. What welfare facilities is an employer obligated to provide to workers under the OSH Code?

The OSH Code sets out the welfare facilities that every employer must provide and maintain under Section 24 thereof which include the following:

(A) Mandatory facilities:

  1. adequate and suitable washing facilities for male and female employees, separately;
  2. bathing places and locker rooms for male, female and transgender employees, separately;
  3. places for keeping clothing not worn during working hours and for drying wet clothing;
  4. sitting arrangements for all employees obliged to work in a standing position;
  5. canteen facilities in establishments where 100 (one hundred) or more workers (including contract labour) are ordinarily employed;
  6. in the case of mines, medical examination of employees before employment and at specific intervals; and
  7. adequate first-aid boxes or cupboards with prescribed contents, readily accessible during all working hours.

(B) Additional facilities as may be prescribed by the Central Government

  1. an ambulance room in every factory, mine, building or other construction work employing more than 500 (five hundred) workers;
  2. medical facilities at operating centres and halting stations, uniforms, raincoats and protective gear for motor transport workers;
  3. adequate, suitable and separate shelters / restrooms for male, female and transgender employees and lunchrooms in every factory or mine employing more than fifty workers, and in motor transport undertakings where employees halt at night;
  4. appointment of a welfare officer in every factory, mine or plantation employing 250 (two hundred and fifty) or more workers.
  5. provision of temporary living accommodation free of charge, as close to the work site as possible. Where work is done through a contractor, the principal employer must pay the accommodation expenses to the contractor.
  6. where 50 (fifty) or more workers are ordinarily employed, a crèche with suitable rooms for children under 6 (six) years of age must be provided. Establishments may avail common crèche facilities.
  1. What are the obligations of a principal employer towards contract labour workers, and what is the principal employer’s liability in the event of a contractor’s default on wages?

The OSH Code places key responsibilities on principal employers in relation to contract labour.

  1. Obligation of the principal employer:

Welfare facilities: For contract labour working at the premises of the principal employer, the principal employer is responsible for providing toilet, washroom, drinking water, bathing facilities, changing rooms, first-aid, canteen and crèche facilities.

  1. Liability of the principal employer in the event of contractor’s default on wages:
  1. A contractor shall be responsible for payment of wages to each contract labour employed by him. In the event, the contractor fails to pay wages to contract labour within the prescribed period, or makes short payment, the principal employer is liable to make good the payment in full (or the shortfall) to the contract labour. The principal employer is thereafter entitled to recover the amount paid by the contractor, either by deduction from any amount payable to the contractor under any contract, or as a debt payable by the contractor.
  2. Security deposit recourse: In the event of non-payment of wages by the contractor, the appropriate Government may direct that wages be paid from the security deposit made by the contractor under its license.
  3. Inform about payment of wages: Contractors must disburse wages through bank transfer or electronic mode and inform the principal employer of the amounts paid.
  1. Are employers required to conduct annual health examinations for workers, and what do the OSH Rules prescribe in this regard?

Section 6(1)(c) of the OSH Code requires every employer to provide such annual health examination or test free of cost to such employees of such age or such class of employees of establishments or class of establishments as may be prescribed by the appropriate Government.

Rule 5 of the OSH Rules prescribes the following with respect to annual health examinations:

  1. Applicability: Every employer of a factory, dock, mine, or establishment engaged in building and other construction work is required to arrange for a free medical examination for every employee who has completed 40 (forty) years of age.
  2. Medical practitioner and certificate: The medical certificate must be submitted by the qualified medical practitioner to both the concerned employer and the employee.
  3. ESIC facility: Employers may avail the facility for medical examination of employees through the Employees’ State Insurance Corporation (ESIC), as an alternative to independently arranging the examination.
  4. Mine Workers: In case of mines, the employer of every mine shall make arrangements for: (i) initial medical examination of every person seeking employment in a mine; and (ii) periodical medical examination of person employed in a mine annually. The periodical medical examination or the X- Ray examination or both, shall be conducted at frequent intervals, if the medical examining authority deems it necessary to confirm a suspected case of a dust related disease.
  1. What are the provisions under the OSH Code that are specifically applicable to employers engaged in building and other construction work?

Building and other construction work is broadly defined to include construction, alteration, repairs, maintenance and demolition work related to buildings, roads, railways, infrastructure, dams, tunnels, transmission towers, pipelines and a wide variety of other structures.

 A “building worker” is defined as any person employed in connection with such work, whether skilled, semi-skilled, unskilled, manual, technical or clerical (excluding managerial, supervisory or administrative positions).

The OSH Code contains a number of provisions specifically applicable to employers engaged in building and other construction work as follows:

  1. Registration and Notice: Employers must submit a notice of commencement and cessation of operations within 30 (thirty days).
  2. Safety Committee and Safety Officers: A Safety Committee must be constituted where 250 (two hundred and fifty) or more workers are ordinarily employed. Safety Officers must also be appointed at the same threshold, with the number of Safety Officers scaling with the size of the workforce.
  3. Prohibition on employing certain persons: No person who is deaf, has defective vision or has a tendency to giddiness shall be required or allowed to work in any operation of building or other construction work which is likely to involve a risk of accident to the worker himself or to any other person.
  4. Welfare and accommodation: Employers of building workers must provide temporary living accommodation free of charge at or near the work site. Where the construction work is done through a contractor, the principal employer must pay for accommodation provided to the workers, to the contractor.
  5. Accident reporting: Building/construction work employers are subject to accident and dangerous occurrence reporting obligations, including forthwith notice to the Inspector-cum-Facilitator, Chief Inspector-cum-Facilitator, District Magistrate and nearest police station in the event of a fatal accident.
  6. Welfare facilities: All standard welfare facilities apply, including first-aid boxes, separate toilet facilities, drinking water, and an ambulance room where more than 500 (five) hundred workers are employed.
  7. Health examinations: Annual health examination is mandatory for employees aged 40 (forty) years and above in building/construction establishments.

Disclaimer: The information contained in this document is not legal advice or legal opinion. The contents recorded in the said document are for informational purposes only and should not be used for commercial purposes. Acuity Law disclaims all liability to any person for any loss or damages caused by errors or omissions, whether arising from negligence, accident or any other cause.

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