FAQs on OSH&WC Code to clarify provisions regarding applicability, health checks, inspection framework and contract labour

Ministry of Labour and Employment has issued a set of Frequently Asked Questions (“FAQs”) on the Occupational Safety, Health and Working Conditions Code, 2020 (“OSH&WC Code”) to provide clarity on key implementation and interpretational aspects of the Code.

Key Highlights:

1. Central rules for dock workers will apply uniformly across all ports, including those under State jurisdiction; however, State Governments retain the power to frame rules and amend standards with prior Central approval.
2. Free pre-employment and periodic health examinations are mandatory for workers engaged in hazardous processes and dangerous operations, irrespective of age. State Governments will prescribe the periodicity, not exceeding 12 months.
3. Occupational safety and health standards for factories will be prescribed by the Central Government, with States empowered to modify such standards subject to prior approval.
4. The inspector-cum-facilitator framework is aimed at improving compliance through awareness and web-based randomized inspections, without diluting enforcement. Inspections may also be initiated based on complaints with due approvals.
5. Penalties under the Code have been rationalized and, in certain cases, increased. While minor offences are compoundable, serious violations may attract stringent penalties, including imprisonment.
6. Contract workers are expressly covered for welfare facilities, with the principal employer bearing responsibility for providing such facilities as prescribed.
7. Contractors are required to issue experience certificates to contract labour upon request.

Source: Ministry of Labour and Employment