Under the OSH Code, 2020, the concept of

Solution

The OSH Code, 2020 introduces the concept of Inspector-cum-Facilitator as a significant departure from the pure enforcement-focused "Inspector" model under the earlier 13 Acts. The Inspector-cum-Facilitator is appointed by the appropriate Government and performs a dual role: (i) enforcement conducting inspections, inquiring into accidents, and issuing prohibition notices for hazardous environments; and (ii) facilitation providing guidance and advice to employers and workers on compliance with the Code, particularly for smaller establishments. Under the Code, a web-based randomised computerised inspection system is introduced to assign inspections, reducing the discretion (and attendant corruption risk) of inspectors in selecting workplaces. If a worker has reasonable apprehension of imminent serious danger, they may report it to the employer and simultaneously to the Inspector-cum-Facilitator, whose decision on the existence of imminent danger is final. This dual facilitative-cum-enforcement role reflects the Code's broader philosophy of balancing compliance support for business with protection of worker rights.