✍️ CA RAMAKRISHNA SANJAY
📞 +91 77602 52581
India’s labour law reforms aim to strengthen worker safety, health monitoring, and workplace welfare. One important compliance requirement relates to periodic medical examinations of workers.
This requirement arises from the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code).
This guide explains in a simple and practical manner:
✔ Who is covered
✔ Which establishments must comply
✔ Employee thresholds
✔ Applicability date
✔ Possible exemptions
⚖️ What Does the New Labour Code Say?
The OSH Code, 2020 empowers the government to require free medical examinations for workers in certain situations.
💡 Important:
The entire cost of the medical check-up must be borne by the employer.
👷 Who Are Covered Under This Provision?
The rule mainly applies to “Workers” under the labour code.
A worker generally includes persons employed in:
🏭 Factories
🏗 Construction establishments
⛏ Mines
⚓ Dock work
🏭 Manufacturing units
🚬 Beedi and cigar establishments
❗ Managerial and administrative employees are generally not treated as workers under this code.
🏢 Which Establishments Are Covered?
The OSH Code regulates establishments where industrial operations or labour-intensive activities exist.
Covered Establishments
✔ Factories
✔ Mines
✔ Building & construction establishments
✔ Dock work establishments
✔ Beedi and cigar manufacturing units
✔ Establishments employing contract labour
✔ Establishments employing inter-state migrant workers
These establishments must follow health, safety, and welfare provisions under the Code.
📊 Threshold Limits for Applicability
The applicability depends on the number of workers employed.
| 🏭 Establishment | 📌 Threshold |
|---|---|
| Factory using power | 10 or more workers |
| Factory without power | 20 or more workers |
| Building & construction establishments | 10 or more workers |
| Contract labour establishments | 50 or more contract workers |
| Inter-state migrant workers | 10 or more workers |
| Mines & dock work | No specific threshold |
Once these thresholds are crossed, health and safety provisions become applicable.
🩺 When Is Annual Health Check-up Required?
Medical examinations are mandatory in the following situations.
| 👤 Category of Worker | 🏥 Requirement |
|---|---|
| Workers aged 45 years and above | Free annual health check-up |
| Workers in hazardous occupations | Periodic medical examination |
| Workers exposed to chemicals, dust, or industrial hazards | Mandatory medical monitoring |
💡 Employer must bear the full cost of these medical examinations.
🧾 Frequently Asked Questions (FAQs)
❓ Is annual health check-up mandatory under the new labour codes?
Yes. The OSH Code, 2020 empowers the government to mandate free medical examinations for certain categories of workers, particularly older workers and those working in hazardous environments.
❓ Who must bear the cost of the medical check-up?
💡 The employer must bear the entire cost of the medical examination.
Workers should not be charged for these health check-ups.
❓ Are office employees or IT professionals covered?
Generally no.
The provision mainly applies to workers in industrial establishments such as factories, construction sites, mines, and manufacturing units.
❓ Is this rule already in force?
No.
Although the OSH Code was enacted in 2020, it will come into effect only after government notification of the rules.
❓ Are health check-ups required only for workers above 45 years?
Workers above 45 years typically require annual check-ups, but workers involved in hazardous processes may require periodic medical examinations regardless of age.
❓ What records should employers maintain?
Employers may need to maintain:
✔ Medical examination reports
✔ Worker health records
✔ Hazard exposure monitoring data
These records help demonstrate compliance with workplace safety laws.
✍️ CA RAMAKRISHNA SANJAY
📞 +91 77602 52581
No comments:
Post a Comment