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CS Executive · Setting Up of Business, Industrial and Labour Laws · The Occupational Safety, Health and Working Conditions Code, 2020

Greenleaf Textiles Pvt Ltd, Coimbatore, runs a factory and conducts periodic medical check-ups of its workers for detecting occupational diseases. The HR manager proposes recovering a nominal fee of Rs 50 per month from each worker for these examinations. Under the OSH Code, 2020, what is the position?

The employer cannot charge employees anything. The OSH Code requires employers to ensure that no charge is levied on any employee for things done or provided to maintain workplace safety and health, including medical examinations to detect occupational diseases. No consent, wage or size exception exists.

  1. AThe employer may recover the fee if the worker consents in writing
  2. BThe employer may recover half the cost from workers earning above the wage ceiling
  3. CThe employer cannot levy any charge on employees for things done or provided to maintain safety and health, including medical examination for detecting occupational diseasesCorrect
  4. DThe employer may recover the fee only if the factory has fewer than 100 workers

Explanation

Section 6(1)(g) requires the employer to ensure that no charge is levied on any employee for anything done or provided for maintaining safety and health at the workplace, including medical examination and investigation for detecting occupational diseases. The Code gives no exception based on consent, wage level or size. So the proposal is not permitted.

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