Ministry of Labour & Employment uploaded document is a list FAQs on Occupational Safety, Health and Working Conditions (“OSH&WC”) Code, 2020.

Posted On - 27 April, 2026 • By - King Stubb & Kasiva

The ministry of labour and employment on March 13, 2026, released a notification on frequently asked questions (“FAQ”) regarding the Occupational Safety, Health and Working Conditions Code, 2020, (“OSH&WC Code”) which establishes a unified framework for safety and health standards across Indian workplaces. While the State Government is recognized as the appropriate authority for minor ports, the Central Government maintains the authority to prescribe rules under Section 23 and Section 24 of the OSH&WC Code, that apply to all ports and docks nationwide. Furthermore, the central government is responsible for declaring the occupational safety and health standards under Section 18 the OSH&WC Code, for dock work and factories, though state governments may amend these standards provided they obtain prior approval from the central government.

The OSH&WC Code prioritizes employee health by mandating free-of-cost pre-employment and periodic medical examinations for all workers in hazardous or dangerous operations, regardless of age. While initial drafts suggested a 40-year age threshold for annual check-ups, the final framework empowers State Governments to set specific rules, ensuring medical intervals do not exceed 12 months for high-risk roles. To enforce these standards, the Code introduces “Inspector-cum-Facilitators” who balance compliance enforcement with worker education. This oversight is supported by a transparent, randomized, web-based inspection system, though targeted inspections can still be triggered by formal complaints once approved by competent authorities.

To deter negligence, the Code rationalizes and increases penalties, distinguishing between minor infractions and serious safety violations. While minor offenses may be compoundable, severe breaches can lead to imprisonment, signaling a shift toward strict accountability over administrative ease. These protections extend specifically to contract labour; under Section 53, the principal employer is legally responsible for providing essential welfare facilities. Additionally, Section 56 mandates that contractors must provide experience certificates to contract labourers upon request, ensuring these workers have documented proof of their professional history for future employment.