FAQ on Occupational Safety, Health and Working Conditions Code 2020

FAQ on OSH&WC Code, 2020 (As on 13.03.2026)

Annual health examination of Free of cost pre-employment and periodic 2. Applicability of OSH&WC Code employees. The Central Government will prescribe the health examinations, irrespective of the age 1. provisions for dock workers (other Rules under Section-23 & 24,of OSH and of the worker, would be arranged by the The draft Occupational Safety, Health & than major ports). WC Code which will be applicable to all employer for workers employed in Working Conditions (Central Rules) ports / docks across India. Further, OSH factories carrying out hazardous processes As the State Govt. is the appropriate 2020 framed under Clause (c) of sub standards under Section-18 for dock work and dangerous operations. authority for ports other than major ports Section-1 of Section- 6 prescribes will also be prescribed by the Central Measures or standards prescribed by as defined in clause-8 of Indian Ports annual health check-up of employees, Under Section 82, the State government will OSH Standards will be prescribed by the 3. Government. The code enables the state the State Government. Act, 1908; whether the draft central rule who has completed 40 years of age. frame rules to prescribe periodicity of Central Government as per Section 18 government to amend these standards with for dock workers shall be applicable to Whether the workers below the age of periodical medical examination of applicable to factories. Further, the code Whereas Section 18 of the OSH & WC the prior approval of Central Government. the ports under the jurisdiction of State 40 shall be exempted from annual health employees in this regard. enables the state government to amend Code, 2020 prescribes that the Central examination engaged in hazardous Govt. or the State has to frame separate As per Section-2(1) (d)(i) & (ii), the state these standards with the prior approval of Further, under Section-85(c), the state Govt. shall declare standards on rules? government is the appropriate government processes notified in first schedule Central Government.[Section 18(4)] government will prescribe rules to specify occupational safety and health for in case of minor ports. Hence, the State under Section 2(za) and dangerous such intervals not exceeding 12 months for workplaces relating to factory, whether Government is empowered to frame rules operations under Section 82 of the OSH SI. Clarification Query carrying out medical examination. the State Govt. has to prescribe & WC Code, 2020? under Section 133, wherever applicable. No. measures or standards for health and

Disclaimer: The above FAQs are for information purposes only, to enable public to have quick

and easy access to information, and do not purport to be legal documents. In case of any variance between what has been stated and what is contained in the relevant Labour Code, the latter shall prevail. Will replacing inspectors with 5. No. Inspector cum Facilitator will make inspector-cum-facilitators not aware about provisions of laws for weaken the enforcement? compliance by employers and making aware workers of their rights in Codes. The Are contract workers covered for Yes, the Contract workers are covered for 7. new system of randomized web-based welfare facilities? welfare facilities. Whether OSH & WC Code favours inspections ensures better compliance No. The penalties have been rationalized as 6. employers by reducing penalties for and protection to workers. well as increased. It is the responsibility of the principal Whether contract labour worker be Yes. As per Section-56 of OSH&WC Code, 8. violations? employer under Section-53 to provide the issued an experience certificate? Inspection can also be undertaken on Only minor offences are compoundable, it is mandatory that the contractor will issue welfare facilities prescribed under Section-complaint with the approval of competent while serious safety violations attract severe safety under Section 86(1) of the OSH & on demand, experience certificate to 23 & 24 to the contract labours. authorities. WC Code, 2020? penalties including imprisonment. contract labours.