Bihar – Risk-Based Inspection Scheme under the Labour Codes

Date of Notification: 14 Aug 2026

Issued By: Labour Resources & Migrant Workers Welfare Department

Issued under Sec 51(2)/(3) of the Code on Wages, Sec 122(2)–(4) of the Social Security Code and Sec 34(3)/(4) of the OSH&WC Code, following the Labour Codes taking effect on 21 Nov 2025. SO 196 publishes the authorised English translation.

Selection and risk scoring

• Establishments are picked for inspection by computerised risk assessment plus random selection from a combined database of establishments registered under the old Acts (incl. factories) and the Codes.
• Risk criteria: hazardous/non-hazardous industry, worker numbers, compliance history, accident record, complaints — classified High/Medium/Low and publishable on the portal. Detailed classification rules to be notified separately.
• Low risk → self-certification; Medium → third-party certification; High → physical inspection by Inspector-cum-Facilitators.
• A serious accident or occupational disease automatically bumps the establishment to High risk with mandatory inspection within 30 days. Three consecutive compliant inspections move it to a “Green Channel” with lower inspection frequency.

Notice and safeguards for employers

• Monthly inspection lists are sent to the employer and concerned officers 72 hours in advance by e-mail/portal.
• Unannounced inspections only for High-risk units, with Labour Commissioner approval. Complaint-based or serious-case inspections (Sahyog/Samadhan portals, CMO complaints, etc.) require the Labour Commissioner’s prior permission; complainant identity is never disclosed to the employer.
• No solo inspections without Labour Commissioner permission; no inspector inspects the same unit twice in a row; inspectors must declare no financial interest in the allotted establishment.

Joint inspection model

• One visit covers all labour laws. Team: Labour Superintendent, Factory Inspector and Labour Enforcement Officer (led by the Factory Inspector for factories, Labour Superintendent otherwise); minimum two members; Boiler Inspector added where boilers are installed. The Labour Commissioner can assign inspectors outside their jurisdiction, and the Department can bring in other departments for coordinated inspections.

Reporting and follow-up

• Reports uploaded within 24 hours with photos, readings, serial numbers and calibration proofs; the inspection note reaches the employer electronically within 24 hours, with an online appeal to the Labour Commissioner.
• Employers can view/download their reports; compliance status is displayed establishment-wise for both employer and workers.
• The inspection form (to be notified separately) will carry a “Facilitation Section” recording assistance given, separate from the punitive section. A checklist will be published online.
• Up to 5% of inspected units are re-verified jointly by the Assistant Labour Commissioner, Deputy Chief Inspector of Factories and a LEO not involved originally.
• Unique IDs for establishments and inspectors, MIS reports, and annual district/industry/risk-wise statistics (compliance rate, re-inspections, punitive actions) published on the website.

Please find attached the official notification:

1787667109698-New_Risk-Based_Inspection_Scheme_Under_Labour_Codes_in_Bihar_-_OSH

1787665251091-New_Risk-Based_Inspection_Scheme_Under_Labour_Codes_in_Bihar_-_IR