An annual health check-up for workers above 40 is now a core employer duty under the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code). The Labour Codes came into force on 21 November 2025. Whether you run a factory in Jaipur, a construction site in Rajasthan or the Indian arm of a foreign company, you need a clear process for planning, funding and recording these examinations. As a trusted law firm in Jaipur, Khanna & Associates helps employers turn new labour rules into practical workplace systems. For official updates, visit the Ministry of Labour and Employment.
What is an Annual Health Check-up under the OSH Code? – Complete Overview
Section 6 of the OSH Code requires employers to provide an annual health examination, at no cost to the worker, for employees above a prescribed age. The prescribed age is 40. The Central Rules were notified on 8 May 2026, and Rajasthan notified its state rules on 30 June 2026. The idea is simple: catch lifestyle and occupational illnesses early, before they become claims, absences or accidents.
Foreign investors should note that this duty attaches to the employer entity. A subsidiary registered with the Ministry of Corporate Affairs carries the obligation like any Indian company. Our company formation and setup team often builds this into the first-year compliance calendar.
What is it? (Simple Global Explanation)
Think of it as a yearly medical screening that the employer arranges and pays for. Workers do not pay anything, and they should not lose wages for attending. The screening is not a disciplinary tool. Results are confidential health records, not grounds for termination.
Legal Framework & Regulations in India
The OSH Code merged 13 older laws, including the Factories Act and the Contract Labour Act. The Central Rules 2026 set procedures for records and reporting, and state rules cover establishments under state jurisdiction. Employers in Rajasthan must read both layers together.
Compliance rarely stops at health rules. Most clients also need help with Corporate Compliance, Employment contracts, Labour & Service Lawyers for inspections, and Labour Court Cases when disputes arise. Growing businesses add Contract Drafting, Corporate Documentation, Healthcare & Medical advice and Manufacturing sector guidance. Others need Construction & Real Estate support, Dispute Resolution, Rajasthan High Court representation or NRI Legal Services. Rajasthan clients also use the best law firm in Jaipur for filings with state labour authorities.
Key Legal Insights, Compliance Rules & Benefits
- Who is covered: Section 6 sets a general duty. The Central Rules specifically name dock work, building and construction work, mines and other notified establishments. Confirm which category and which rules apply to you.
- Funding: The employer bears the full cost. Sources indicate that facilities of the Employees’ State Insurance Corporation (ESIC) can be used.
- Timing: Schedule examinations in working hours and treat the time as paid.
- Records: Keep dated, signed records for each worker. In an inspection, proof of completion matters more than an offer to conduct the check-up.
- Contract and fixed-term staff: Check who is the employer on paper. Principal employers and contractors must agree in writing who arranges and pays.
- Benefits: Lower absenteeism, fewer accidents, stronger insurance profiles and better retention.
Illustrative example: A Jaipur manufacturer has 120 staff, 35 of them above 40. It books a diagnostic partner each April, issues written notices, schedules shifts around the visits and stores reports under restricted access. When an inspector visits, one folder proves compliance.
Cross-border example: A foreign group with an Indian unit can run one global wellness policy. Its India addendum must still follow the OSH Code. Our team handles Foreign Direct Investments and Setting up Business in India mandates with this alignment in mind.
Common Mistakes & Legal Challenges (Indian + Foreign Clients)
- Offering instead of conducting: Making the check-up optional and leaving no record.
- Charging workers or deducting wages: This defeats the employer-funded rule.
- Ignoring contract workers: Liability can sit with the principal employer.
- Poor data handling: Health reports are sensitive personal data. Our Cybersecurity & Data Protection team advises on safe storage.
- Cross-border delay: Foreign headquarters often wait for global approval while the Indian deadline runs.
- Tax and approval gaps: Missing board approvals and unclear expense treatment.
Khanna & Associates prevents these through a compliance audit, policy drafting, vendor agreements and inspection support. We also resolve issues through notices and representation. Clients searching for the top law firm in India want this mix of prevention and defence.
Expert Tips from Leading Legal Advisors
- Map your workforce first. List every worker above 40 by employer entity, site and contract type.
- Write a one-page policy. State the schedule, the paid-time rule, the confidentiality rule and the record owner.
- Choose vendors by contract. Require report timelines, data security and replacement clauses.
- Build one global policy with an India annex. This reduces risk for multinational groups.
- Audit every quarter. Check completion rates and missed workers.
- Plan for state variation. Rajasthan, Maharashtra and other states may differ in procedure, so recheck whenever state rules change. Businesses that operate in several states, including a law firm in Dehradun client base in Uttarakhand, benefit from one coordinated calendar.
Conclusion + CTA
An annual health check-up for workers above 40 is both a legal duty and a sound business practice. Identify who is covered, fund the programme fully, schedule it in paid time and keep clean records. Get your rules right at Khanna & Associates before an inspector asks.
Khanna & Associates
47 SMS Colony, Shipra Path, Mansarovar 302020, Jaipur, Rajasthan, India
📞 +91-9461620007 | 📧 info@khannaandassociates.com
Book your OSH Code compliance consultation today.
FAQs
1. Is an annual health check-up mandatory for workers above 40 in India?
Yes. Section 6 of the OSH Code requires employer-funded annual examinations for workers above the prescribed age of 40. The Central Rules 2026 name specific sectors such as construction and docks, so confirm your category and state rules.
2. Who pays for the annual health check-up for workers above 40?
The employer pays the full cost. Workers should not be charged or have wages deducted for attending. Contractors and principal employers should document in writing who arranges and funds the check-up.
3. Does the OSH Code 2026 apply to IT companies and startups?
The OSH Code covers many establishment types. Sector-specific duties vary, so check how the Central and Rajasthan rules classify your business. A short legal review quickly settles whether the health check-up duty applies.
4. What records should employers keep for the OSH Code health check-up?
Keep worker lists, notices, dates, provider details, completion proof and confidential reports. Restrict access to health data. Organised records help during labour inspections and protect you if a dispute reaches court.
5. Can a law firm in Jaipur help with OSH Code compliance?
Yes. A law firm in Jaipur such as Khanna & Associates can audit your workforce, draft policies, review vendor contracts and represent you before authorities. Call +91-9461620007 for a consultation.