Section 2 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.
Some of the most used words in the OSH Code are also the plainest: adult, adolescent, day, week, relay and family. Clause (zv), ordinarily employed, looks just as simple but drives the headcount triggers for safety committees, canteens, crèches and welfare officers. This article sets out each definition and where it bites.
An adult has completed eighteen years; adolescent takes its meaning from the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. A day is 24 hours beginning at midnight; a week is seven days beginning at midnight on Saturday night (or another night approved in writing for an area by the Chief Inspector-cum-Facilitator). A relay is a set of two or more persons doing the same work in different periods of the day, and each period is a shift. Ordinarily employed means the average number of persons employed per day in the preceding calendar year, found by dividing man-days worked by working days.
The definitions at a glance
| Clause | Term | Meaning |
|---|---|---|
| 2(1)(a) | Adolescent | Same meaning as in clause (i) of section 2 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 |
| 2(1)(b) | Adult | A person who has completed his eighteenth year of age |
| 2(1)(q) | Day | A period of twenty-four hours beginning at midnight |
| 2(1)(zzk) | Week | A period of seven days beginning at midnight on Saturday night, or such other night as may be approved in writing for a particular area by the Chief Inspector-cum-Facilitator |
| 2(1)(zzd) | Relay | A set of two or more persons carrying out the same kind of work during different periods of the day; each such period is called a "shift" |
| 2(1)(x) | Family (in relation to a worker) | Spouse; children including adopted children who are dependent and have not completed eighteen years; parents, grand-parents, widowed daughter and widowed sister dependent on the worker |
| 2(1)(zv) | Ordinarily employed | The average number of persons employed per day in the establishment (or part) during the preceding calendar year, by dividing man-days worked by the number of working days excluding rest days and other non-working days |
The OSH Code does not restate the age for "adolescent"; it points to the 1986 Act. Employers engaging young people should read that Act's definition together with the Code's provisions on employment of adolescents and of persons below eighteen in mines. See sections 69 and 70.
For employers who need to reconcile these time and headcount definitions across sites, our labour law compliance team can set up a simple calculation sheet.
Day, week and relay: how working-hours rules use them
The working-hours chapter depends on these three terms. Section 25(1) says no worker is to work more than eight hours in a day, and section 26(1) says no worker is to be allowed to work for more than six days in any one week. Because "day" starts at midnight and "week" at midnight on Saturday night, a shift that runs across midnight needs special treatment, and section 28 deals with night shifts that extend beyond midnight. The Chief Inspector-cum-Facilitator can approve another night as the start of the week for a particular area, in writing.
Relay and shift. A relay is a set of two or more persons doing the same kind of work in different periods of the day; each period is a shift. Section 29 prohibits overlapping shifts arranged so that more than one relay of workers is engaged in work of the same kind at the same time, subject to its terms. The counting rule for factories (Explanation I to section 2(1)(w)) takes all workers in different groups and relays in a day into account. See sections 25 and 29 and 30.
Ordinarily employed: the headcount method
"Ordinarily employed" is not the number of people on the roll on a particular day. It is the average number of persons employed per day in the preceding calendar year: total man-days worked divided by the number of working days (excluding rest days and other non-working days).
Illustration (numbers invented). In the preceding calendar year a unit worked 300 working days, and its workers put in 76,500 man-days in total. Ordinarily employed = 76,500 / 300 = 255 workers. That crosses the 250-worker line for a welfare officer in a factory, mine or plantation (section 24(2)(iv)) even if the roll on the last day of the year was 240.
Where the headcount is used
| Provision | Trigger using "ordinarily employed" |
|---|---|
| Section 22(2) | Safety officers: factory with 500 or more workers; factory with hazardous process with 250 or more; building or other construction work with 250 or more; mine with 100 or more |
| Section 24(1)(v) | Canteen: establishment in which 100 or more workers, including contract labourers, are ordinarily employed |
| Section 24(2)(i) | Ambulance room: factory, mine, building or other construction work with more than 500 workers |
| Section 24(2)(iii) | Shelters or rest-rooms and lunch-room: factory and mine with more than 50 workers, and motor transport undertaking where an employee must halt at night |
| Section 24(2)(iv) | Welfare officer: factory, mine or plantation with 250 or more workers |
| Section 24(3) | Crèche for children under six: establishment with more than 50 workers |
The Central Rules, 2026 turn these into rules; for example rule 14 requires a Safety Committee in every establishment employing five hundred or more workers. See rule 14. The Central Rules apply where the Central Government is the appropriate Government; in the State sphere, the State's own rules apply. Note that different provisions use "ordinarily employed" with "workers"; section 24(1)(v) expressly includes contract labourers.
Family: section 2(1)(x)
"Family", in relation to a worker, means the spouse; children, including adopted children, who are dependent and have not completed eighteen years; and parents, grand-parents, widowed daughter and widowed sister dependent on the worker. The Explanation excludes dependents who are, for the time being, getting income from such sources as the appropriate Government prescribes. For the Central sphere, rule 186 says the income sources are to be specified through a general or special order of the Central Government; see rules 185 and 186.
The word is used where the Code extends a facility to a worker's household. In a plantation, the State Government may prescribe housing accommodation (with drinking water, kitchen and toilet) and health facilities, or ESI coverage, for every worker "including his family" (section 92(1)(a) and (d)); see sections 92 and 93. It also appears in section 77, which says the beedi and cigar Part does not apply to the owner or occupier of a private dwelling house who carries on a manufacturing process there with the help of family members living with him and dependent on him; for that section only, "family" does not include a child as defined in the 1986 Act.
Example. A plantation worker supports his wife, a 16-year-old son, his mother and his widowed sister, all dependent on him. Under clause (x) each of them is "family", unless a dependent has income from sources the appropriate Government prescribes. A 20-year-old son is not within the clause, because children count only until eighteen. Whether a particular dependent is excluded for income depends on the order the appropriate Government issues.
Need help with headcount and working-time definitions?
Headcount definitions decide whether you need a canteen, a crèche, a welfare officer or safety officers, and time definitions decide overtime. Our labour law compliance team can work out your "ordinarily employed" figure from your muster rolls and map the triggers for each site. Bring last year's attendance records.
Key takeaways
- An adult has completed eighteen years; "adolescent" takes the meaning in the 1986 Child and Adolescent Labour Act.
- A day runs midnight to midnight; a week is seven days starting at midnight on Saturday night unless the Chief Inspector-cum-Facilitator approves another night for an area.
- A relay is a set of persons doing the same work in a different period; each period is a shift.
- "Ordinarily employed" is the average daily headcount of the preceding calendar year (man-days divided by working days), not a one-day roll.
- Family covers spouse, dependent children under eighteen and dependent parents, grand-parents, widowed daughter and widowed sister, subject to a prescribed income test.
Read next
- Section 2: wages
- Section 24: welfare facilities in the establishment
- Section 25: daily and weekly working hours
- Working hours for adults: 48 hours a week
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.