Labour Codes: #28 Mandatory Annual Health Check-ups under the OSHWC Code and Rules

A. Introduction:

The Occupational Safety, Health and Working Conditions Code, 2020 (OSHWC Code) expands the statutory responsibility of employers to safeguard employee health. A key component of this mandate appears in Section 6(1)(c), which requires every employer to:

“provide such annual health examination/checks (AHC) or test free of cost to such employees of such age or such class of employees or establishments or such class of establishments, as may be prescribed by the appropriate Government.”

This broad statutory provision empowers both Central and State Governments to prescribe which employees, what age, and which classes of establishments must undergo mandatory annual medical testing.

Under this power, the Occupational Safety, Health and Working Conditions (Central) Rules, 2020, specifically Rule 6, require factories, docks, mines, and building or other construction establishments to conduct free annual medical examinations for all employees aged 45 and above, within 120 days from the start of every calendar year. These examinations must be conducted by a qualified medical practitioner, with medical certificates furnished to both employer and employee.

B. Impact on Preventive Healthcare

Mandatory AHCs institutionalise proactive health management across high-risk sectors. Key impacts include:

1. Early detection of chronic, lifestyle and occupational diseases, reducing long-term medical complications.

2. Data-driven health risk profiling, as employers maintain longitudinal medical data.

3. Integration into workplace safety planning, supporting ergonomic improvements, hazard mitigation and targeted wellness programs.

4. Reduction in absenteeism and productivity loss due to timely medical intervention.

5. Heightened employee confidence in employer-driven health and wellbeing initiatives.

C. Employer Responsibilities

The provision imposes several operational duties:

1. Ensuring 100% annual compliance with Section 6(1)(c) and Rule 6.

2. Coordinating with certified medical practitioners and maintaining complete health records.

3. Budgeting annually for examinations, follow-up diagnostics and any associated wellness interventions.

4. Ensuring confidentiality, non-discrimination and secure handling of medical information.

5. Taking corrective workplace measures based on health assessment insights.

D. Potential Impact on Employer Insurance Purchasing Behaviour

Mandatory AHCs may influence insurance decisions materially:

1. Greater adoption of OPD-inclusive group health insurance, as diagnostics and consultations fall outside traditional hospitalization policies.

2. Shift to wellness-integrated plans, with preventive care bundles, cashless check-ups and digital health tracking.

3. Potential premium recalibrations, as utilisation of healthcare services rises.

4. Stronger reliance on insurer digital ecosystems for storing records, supporting compliance and enabling analytics.

5. Reduced cost volatility, as OPD/wellness riders allow predictable budgeting for AHC costs.

E. Could This Provision Impact Private Sector and IT Companies?

Although Rule 6 currently applies only to factories, docks, mines and construction establishments, Section 6(1)(c) is drafted broadly. This means private-sector offices, including IT and ITES organisations, could be affected in several ways:

1. State Governments may expand applicability through future notifications, bringing office establishments within scope.

2. Indirect applicability through contractors, especially facility management, security and maintenance staff who may fall under covered categories.

3. Broader statutory duty of care under the OSHWC Code could nudge IT companies toward voluntary annual health screenings.

4. Market, ESG and investor pressure may drive voluntary adoption of AHCs as a best practice.

F. Conclusion

The annual health examination mandate under Section 6(1)(c) of the OSHWC Code and Rule 6 of the Central Rules marks a decisive shift toward structured preventive healthcare in Indian workplaces. While presently applicable only to specific high-risk sectors, its broader statutory architecture and evolving state-level rulemaking indicate that more establishments including private offices and IT organisations, may eventually fall within its ambit. Employers who proactively strengthen their wellness systems, insurance structures and compliance processes today will be far better prepared for tomorrow’s regulatory and workforce health expectations.