Section 34 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 34 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) says who the enforcement officers are and how they are appointed. It replaces the old "Inspector" with the Inspector-cum-Facilitator, who must both inspect and help employers comply, and it allows a web-based, randomised inspection scheme.
The appropriate Government appoints Inspector-cum-Facilitators by notification for their jurisdiction (34(1)), who must conduct inspections under a scheme the Government may lay down (34(2)-(3)). The scheme may provide for web-based inspection and randomised selection of establishments and officers. A Chief Inspector-cum-Facilitator may be appointed for a State, several States or the whole country (34(5)). An appointee cannot be interested in a workplace, and all these officers are public servants (34(8), (11)).
Section 34 sub-section by sub-section
| Sub-section | Content |
|---|---|
| 34(1) | The appropriate Government appoints Inspector-cum-Facilitators by notification; they exercise powers throughout their jurisdiction |
| 34(2) | Apart from other duties, they conduct inspections as specified in sub-section (3) |
| 34(3) | The Government may, by notification, lay down an inspection scheme with web-based inspection and calling for information electronically, and provide for randomised selection of the establishment and of the officer |
| 34(4) | The scheme may be designed with: a unique number for each establishment (the same as its section 3 registration number), each officer and each inspection; timely uploading of inspection reports; special inspections on notified parameters; and the characteristics of employment, work and workplaces |
| 34(5) | Chief Inspector-cum-Facilitator, with prescribed qualifications and experience, for notified establishments and local limits; may cover a State, more than one State or the whole country |
| 34(6)-(7) | Additional, Joint and Deputy Chief Inspector-cum-Facilitators and other officers exercise the Chief's powers as notified, and also the powers of an Inspector-cum-Facilitator within local limits |
| 34(8) | No appointment, or continuation, of a person directly or indirectly interested in a workplace, work activity, process, business, plant or machinery connected with it |
| 34(9) | The Government may appoint other public officers as Inspector-cum-Facilitators in addition |
| 34(10) | The Chief may, with the Government's approval, authorise an Inspector-cum-Facilitator by written order to exercise specified powers of the Chief; the Chief may also prohibit this for any Inspector or class |
| 34(11) | All these officers are public servants under section 21 of the Indian Penal Code and are officially subordinate to the authority the Government specifies |
Section 34(11) refers to the Indian Penal Code, 1860. From 1 July 2024, the Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita (BNS); read the reference accordingly.
If you are unsure who will inspect your establishment, or whether a web-based notice you received is genuine, our legal consultation service can help you read the notification and respond.
The inspection scheme (34(3) and (4))
The idea is that inspections are not chosen by an individual officer. The Code allows:
- Web-based inspection and electronic calling for information, besides other modes in special circumstances.
- Randomised selection of both the establishment and the Inspector-cum-Facilitator.
- A unique number for each establishment, which will be the same as the registration number under section 3.
- Timely uploading of inspection reports.
- Special inspections based on notified parameters, and scheme design based on the nature of work and workplaces.
The word "may" is used in 34(3) and 34(4): the appropriate Government decides the scheme by notification. Until a scheme is notified for your establishment, check what applies to you.
The hierarchy
- Chief Inspector-cum-Facilitator (34(5)): qualifications and experience are prescribed; can be appointed for a State, more than one State, or the entire country.
- Additional, Joint and Deputy Chief Inspector-cum-Facilitators and other officers (34(6)): exercise powers of the Chief as notified, and (34(7)) the powers of an Inspector-cum-Facilitator in local limits.
- Inspector-cum-Facilitators (34(1)) and other public officers appointed under 34(9).
- Delegation under 34(10): the Chief, with approval, may authorise an Inspector-cum-Facilitator by written order to use specified powers of the Chief, subject to restrictions, and may prohibit the use of any such power.
The conflict-of-interest bar (34(8))
A person who is, or becomes, directly or indirectly interested in a workplace, work activity, any process or business in a workplace, or any plant or machinery connected with it, cannot be appointed, and cannot continue to hold the office. An employer who believes an inspecting officer has a connection with a competitor or a related business can raise it with the authority the officer reports to.
What the Central Rules, 2026 add
The Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026) do not repeat the appointment mechanics in section 34; the duties after inspection are in Rule 78 (improvement notice) and Rule 77 (samples): see Rule 77 and Rule 78. Where a State Government is the appropriate Government, the State notifies its own officers and scheme.
Practical points
- Know your number. The scheme may use your registration number as the unique number for inspections.
- Check authority. Ask to see the notification or authorisation of any officer, particularly where a Chief's powers have been delegated by written order.
- Respond electronically. A web-based call for information has to be answered on the portal, so keep the registers ready in electronic form; see section 33.
- Treat it as facilitation too. The officer's title signals a role in guiding compliance as well as checking it; see section 35 for the powers, including supplying information and sensitising employers and workers.
Example. A logistics company receives an electronic call for information from an Inspector-cum-Facilitator in a web-based inspection. It uploads its registers and wage slips through the portal. The company notes that the officer's jurisdiction and the inspection number appear in the notice, and keeps the acknowledgment with its compliance file.
For the old-law comparison, see our post on factory inspector powers and duties.
Need help with inspections under the Code?
Web-based and randomised inspections change how employers prepare. Our legal consultation team can explain the scheme that applies to your establishment, check notices you receive and advise on a measured response.
Key takeaways
- The appropriate Government appoints Inspector-cum-Facilitators by notification (34(1)).
- Inspection schemes may be web-based with randomised selection of establishments and officers (34(3)).
- Unique numbers: establishments (as in section 3 registration), officers and inspections (34(4)(a)).
- A Chief Inspector-cum-Facilitator can be appointed for a State, several States or the country (34(5)).
- Interested persons cannot be appointed or continue (34(8)); all are public servants (34(11)).
Read next
- Section 33: maintenance of registers, records and filing of returns
- Section 35: powers of Inspector-cum-Facilitator
- Rule 78: powers and duties of Inspector-cum-Facilitator and improvement notice
- Factory inspector powers and duties
Disclaimer: Based on the Occupational Safety, Health and Working Conditions Code, 2020 (as enacted) and, where noted, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.