Background
Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code, 2020) is one of the four Labour Codes enacted by Parliament as part of India’s comprehensive labour law consolidation exercise, amalgamating thirteen Central labour laws into a single unified statute. These include the Factories Act, 1948, the Mines Act, 1952, the Contract Labour (Regulation and Abolition) Act, 1970, the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, the Inter-State Migrant Workmen Act, 1979, the Plantations Labour Act, 1951, the Motor Transport Workers Act, 1961, and others.
The OSH Code, 2020 is supplemented by the Occupational Safety, Health and Working Conditions (Central) Rules, 2026, which prescribe the procedural and documentary framework for compliance — including registration, forms, registers, returns, thresholds for safety committees and officers, welfare facilities, health examination procedures, accident reporting timelines, and contractor and inter-State migrant worker protections. The Rules introduce a fully digital compliance ecosystem through the Shram Suvidha Portal of the Ministry of Labour and Employment, enabling electronic filing, auto-generation of certificates, and real-time monitoring by Inspectors-cum-Facilitators.
Applicability
Occupational Safety, Health and Working Conditions Code, 2020 and the OSH Central Rules, 2026 apply to employers and workers in covered establishments, including factories, mines, docks, plantations, construction activities, motor transport undertakings, beedi and cigar establishments, audio-visual industry and other establishments employing ten or more workers.
The framework also applies to principal employers, contractors engaging contract labour, and employers of inter-State migrant workers. The OSH Central Rules, 2026 specifically apply where the Central Government is the appropriate government, including mines, petroleum sector, major ports and Central Government establishments.
The Code prescribes obligations relating to occupational safety, health, working conditions, appointment letters, welfare facilities, reporting of accidents, dangerous occurrences and occupational diseases, and compliance with prescribed safety standards.
Compliance Requirement Under the act in Accordance with the Rules & Regulations:
No place shall be used as industrial premises for the manufacture of beedi and cigar without a valid licence under Section 119 and compliance with its conditions. Persons intending such use shall apply to the prescribed authority in the prescribed form with prescribed fees. The application shall state the maximum employment and include a prescribed plan of the premises.
The State Government may allow employees to wet or cut beedi or tobacco leaves outside the industrial premises on an application made by the employer on behalf of the employees. The employer must keep records of this work in a prescribed format. This provision shall not apply to workers given raw material by an employer or contractor to make beedi or cigar at home, or to the owner or occupier of a private dwelling house who carries on any manufacturing process therein.
No person known or suspected by the employer to be deaf, have defective vision, or a tendency to giddiness shall be required or allowed to perform construction work operations that might pose a risk of accident to themselves or others.
The appropriate Government may frame rules for factories or classes of factories regarding: (a) submission and certification of plans and specifications; (b) prior approval of factory site and construction or extension; and (c) licensing and renewal, including applicable fees, subject to Section 119. The appropriate Government may also by notification declare applicable provisions of the Act to any place where a manufacturing process is carried on.
When premises or buildings are leased to different occupiers for use as separate factories, the owner of the premises and the occupiers utilising shared facilities — including safety and fire prevention and protection, access, hygiene, occupational health, ventilation, temperature, emergency preparedness and response, canteens, shelter, rest-rooms, and crèches — shall be jointly and severally responsible for the provision and maintenance of such common facilities and services as may be prescribed.
In every plantation, the employer must make arrangements to provide for the safety of workers in connection with the use, handling, storage, and transport of insecticides, pesticides, chemicals, and toxic substances.
Every employer of a plantation shall display in the plantation a list of permissible concentrations of insecticides, pesticides, chemicals, and toxic substances in the breathing zone of workers engaged in handling and application of such substances.
No person shall, in respect of any establishment, disclose any information relating to any manufacturing or commercial business or any working process which may come to their knowledge in the course of their official duties.
The principal employer shall look into grievances submitted by contract labour pertaining to health, working conditions, and wages, and redress the same. A committee may be constituted consisting of an authorised representative of the principal employer as chairman, and representatives of both the principal employer and contractors. The committee shall hear and dispose of grievances within one month. If not redressed within one month, the principal employer shall forward the grievance to the concerned Inspector-cum-Facilitator electronically or by registered/speed post.
A worker regularly employed by the contractor for any activity, whose employment is governed by mutually accepted standards of conditions of employment, shall receive an annual increment of not less than 2% of their wages.
Every factory employer shall maintain workplaces, passages, staircases, storerooms, and service rooms in sanitary and hygienic condition; keep walls, ceilings, windows, and skylights clean; and ensure workroom floors remain clean, dry, and non-slippery as far as reasonably practicable. Where wet work processes are carried out: effective drainage must be maintained; false floors, platforms, mats, or other dry standing places must be provided; and anti-skid footwear and safety gear must be provided without expense to employees. Workrooms shall be cleaned as often as required, with sweeping and cleaning done during work intervals and in a manner preventing the raising of dust.
Every factory employer shall maintain suitable atmospheric conditions and adequate ventilation at workplaces to prevent insufficient air, heat, cold, humidity, odours, smoke, fumes, steam, dust, and harmful or inflammable gases. Employers shall protect employees from extreme weather through suitable working hours, protective clothing, and other free safety measures; provide mechanical ventilation where natural ventilation is inadequate; prevent combustion gases from entering workrooms; maintain suitable temperature and humidity; and protect workers from excessive heat and heat radiation through insulation or other effective measures.
Every factory employer shall ensure that exhaust systems removing flammable fumes, gases, mists, vapours, or residues are kept separate from other ventilation systems and are not discharged into chimneys or flues used for combustion gases. When fumes, gases, mists, or vapours discharged from exhaust systems are likely to have adverse health effects, exhaustion shall be effected through a system that neutralises toxic substances, sterilises infectious substances, and deodorises fumes. No employee shall be required or allowed to enter any workplace or confined space until practicable measures have been taken to bring the levels of noxious gas, fume, vapour, or dust within the permissible limits.
Every factory employer artificially increasing humidity shall assess and control risks from extreme heat and humidity, considering worker safety, protective clothing, hazardous substances, and discomfort caused by respiratory protectors in hot environments. Employers shall provide work-rest cycles in shaded, cooler, or air-conditioned spaces; provide adequate drinking water with electrolytes; supervise employees and withdraw them from hot conditions if heat stress symptoms occur; train workers to recognise heat stress symptoms; conduct and record humidity tests; and maintain instruments for measuring and recording temperature and humidity.
Every employer engaged in building or construction work shall ensure that the worksite, premises, and surroundings are kept clean, hygienic, and sanitary, and that proper storage facilities are provided for materials and equipment. Employers shall ensure regular removal of scrap, waste, and debris; prevent accumulation of loose materials obstructing access or passageways; keep slippery areas safe; maintain drainage and dry floors; provide free protective gear; and arrange supervised waste collection and disposal.
Every construction employer shall prevent exposure to dangerous chemical, physical, and biological hazards through safer substitutes, technical controls, or free PPE, and ensure adequate safeguards where toxic substances, oxygen deficiency, or flammable atmosphere may exist. Employers shall ensure adequate ventilation to remove fumes, dust, and harmful gases; maintain safe temperature and humidity; isolate or insulate high-temperature processes; provide work-rest cycles in shaded or cool areas; and in tunnelling works, provide ventilation systems to control pollutants and maintain suitable climate.
Every construction employer shall take necessary steps to minimise emissions of gas, fumes, vapours, and dust at workplaces and ensure employee exposure to respirable dust, gas, fumes, or vapours remains within safe and non-harmful limits. No employee shall be required or allowed to enter any workplace or confined space until all practicable measures have been taken to bring the levels of noxious gas, fume, vapour, or dust within the permissible limits.
Every employer shall provide accessible, clean, and safe drinking water at workplaces. Non-piped drinking water shall be stored in suitable vessels marked in Hindi, English, and the local language, replenished daily, and protected from contamination. The use of common drinking tumblers or cups shall be prohibited except where water is supplied through a rising jet system. In building or construction work: drinking water shall be stored only in closed containers dispensed through taps; transport and storage tanks shall be cleaned and disinfected regularly; and a supply of electrolytes shall be available.
Every employer (except BOCW and beedi and cigar workers) shall ensure that workplaces, dock areas, wharfs, and jetties are not overcrowded with machinery, materials, or products, and that sufficient space is maintained around machines and process units for safe operation, repairs, and material handling. Signs or symbols indicating overcrowding-related hazards — in English, Hindi, and the local language — specifying the number of employees allowed at any one time shall be displayed in all working areas.
Every employer (except plantations) shall ensure adequate natural or artificial lighting at all workplaces, utility areas, and passages, including emergency access areas, suitable to the operations and type of work performed. Natural lighting shall be arranged wherever possible. Workplaces exposed to risks from lighting failure must have automatic emergency lighting with independent power sources in working condition. For building and construction work, adequate and suitable lighting — including portable lighting where required — shall be provided.
Every employer shall provide sufficient, accessible, and separate latrine and urinal facilities for male, female, transgender, and disabled employees, ensuring proper lighting, ventilation, sanitation, and non-slippery sanitary block floors. A minimum of one latrine for every 25 male and 15 female employees shall be provided, along with one separate facility each for transgender persons and persons with disabilities; and one urinal for every 15 male employees, with adequate water supply. Free sanitary napkins replenished daily and covered disposal bins shall be provided. Washbasins with tap water shall be available.
Employers (except beedi/cigar works) shall ensure proper disposal of liquid effluents, gaseous emissions, and solid waste, and effective waste treatment compliant with safety and health requirements. Hazards from the handling, storage, and processing of waste and effluents must be identified, appropriate preventive and control measures implemented, appropriate PPE provided free of charge, and employees handling waste trained on identified hazards. Plantation employers must safely dispose of pesticide and chemical containers to prevent reuse and pollution.
Every employer shall provide suitable and sufficient washing facilities at easily accessible places with regular water supply, soap, and towels, separately for male, female, transgender, and disabled employees. Facilities shall be accessible, separated from workplaces, well-ventilated, hygienic, properly drained, secure for privacy, and clearly marked with language designations in Hindi, English, and the local language.
Every employer shall provide suitable, separate, and sufficient bathing and locker facilities at accessible places with regular water supply, soap, and towels, separately for male, female, transgender, and disabled employees, as required by the nature of work. Facilities shall be well-ventilated, with proper drainage, and maintained in sanitary and hygienic condition. They shall be secure from inside with proper doors and fastenings to ensure privacy, and clearly marked with language designations.
Every employer shall provide suitable, separate, and sufficient facilities for male, female, transgender, and disabled employees to keep clothes not worn during working hours and for drying of clothes. Facilities shall be placed in rooms separate from workrooms. Separate changing rooms shall be provided as required, with lockers to separate work clothes from street clothes, and arrangements to ensure availability of dry clothes for employees on return.
Every employer of a factory, mine, or dock work shall provide reasonable and comfortable seating arrangements for employees required to work in standing positions, without affecting their work.
Every employer with 100 or more workers shall maintain a canteen serving nutritious food, either individually or through a common canteen. The canteen shall be away from sanitary and process areas with separate entry and exit doors. It shall have a dining hall, kitchen, store, pantry, and wash places. A portion of the dining hall and service counter shall be reserved for women employees and persons with disabilities. Separate and screened washing places shall be provided for different genders and persons with disabilities.
A Canteen Managing Committee shall be constituted with equal numbers of representatives of workers and employers. Employer representatives are nominated by the employer. Worker representatives are nominated by the negotiating union or negotiating council, or chosen by workers amongst themselves where no such body exists. The tenure of the committee shall be determined mutually, with one-third of committee members of both workers and employer rotated every two years.
Employers of factory, mines, construction works, beedi/cigar manufacturing premises, motor transport undertakings, dock work, and plantations shall provide adequate, accessible first-aid boxes/cupboards during working hours and display details of first-aid facilities, in-charge persons, and nearest hospitals in Hindi, English, and the local language. In each shift, every first-aid box or cupboard shall be kept in the charge of a worker or supervisor holding a certificate in first-aid treatment who is always readily available. At least one fully equipped first-aid box or cupboard shall be available in every department or section; an additional box is required for departments or sections with more than 200 employees.
At least 33% of workers shall receive first-aid training, with refresher training every 3 years. Where women workers are employed, at least one woman worker shall be trained. Training must be conducted by medically qualified trainers as per Indian Medical Council/National Medical Commission provisions. Every case of work-related injury or illness shall be reported to the supervisor for surveillance and prompt evacuation or referral to the nearest dispensary or hospital. Supervisors or certified first-aid workers shall arrange qualified medical assistance where required. Employers shall ensure adequate arrangements for speedy transport of injured employees to the nearest hospital.
The employer of a factory, mine, or building and other construction work with more than 500 workers shall provide an ambulance room or dispensary during working hours or round the clock, with adequate emergency medical facilities and prescribed equipment, and may arrange emergency services through tie-ups with hospitals. The ambulance room shall be under the charge of a full-time qualified medical practitioner assisted by adequate paramedical staff, including at least one nurse and one General Duty Assistant/Healthcare or Nursing Assistant.
The employer of a factory or mine where more than 50 workers are employed, or a motor transport undertaking where employees are required to halt at night, shall provide sufficient and suitable lunchrooms with drinking water and washing facilities. Shelters, rest-rooms, and lunchrooms shall be provided and maintained separately for male, female, and transgender employees. Any canteen maintained under Rule 53 shall be treated as compliance. Such rooms shall be well lighted, properly ventilated, maintained in clean and hygienic condition, with suitable seating and eating arrangements.
Every employer of a factory, mine, or plantation employing 250 to 500 workers shall appoint at least one welfare officer; where workers exceed 500, an additional welfare officer shall be appointed for every additional 500 workers or fraction thereof. Where both male and female workers are employed, women welfare officers shall be appointed in proportion to the number of women workers; where women employees exceed 100 but do not exceed 1,000, at least one additional woman welfare officer shall be appointed. The appointed welfare officer shall possess a postgraduate degree/diploma in social work, human resource management, or labour welfare from a recognised institution.
A Welfare Officer shall: maintain harmonious relations between management and workers; address and communicate workers’ grievances for quick redressal; act as a liaison between management and employees; understand workers’ viewpoints to assist management in framing labour policies; advise on compliance with statutory obligations relating to working hours, maternity benefits, medical care, compensation, sickness and welfare, and social security measures; and advise on welfare facilities such as housing, food, sanitation, recreation, individual employee issues, and education of children, as well as training of new recruits, apprentices, transferred and promoted workers.
Every employer with more than 50 workers shall provide accessible crèche facilities for children below 6 years, including mobile crèches where required. Crèches shall be maintained in clean and hygienic condition, located away from fumes, dust, and noise, with proper washroom facilities. Police verification of crèche staff and guards is mandatory. Child identity, address, and authorised pickup/drop details shall be maintained, with attendance recorded. CCTV monitoring, emergency contact numbers, and evacuation plans shall be provided. No child shall be left unattended.
Every employer of a factory, mine, construction work, beedi/cigar manufacturing premises, motor transport undertaking, and dock work shall conduct quarterly mock drills to check emergency preparedness for dealing with various emergencies.
The employer of every plantation shall ensure annual conduct of mock drills to check emergency preparedness to deal with various emergencies.
Every employer engaged in building or construction work shall provide suitable temporary living accommodation free of cost for workers at remote construction sites where adequate transport between the site and their homes or other suitable accommodation is unavailable. The principal employer shall pay the expenses incurred on providing accommodation to the contractor where the building or other construction work is done through the contractor.
Penalty & Consequences
The following penalty provisions apply across the compliance obligations covered in this blog. These have been consolidated and de-duplicated for ease of reference:
Section 94 of the Occupational Safety, Health and Working Conditions Code, 2020 — General Penalty
For contravention of any provision of the Code, Rules, Regulations, or any order made thereunder (other than those covered by specific penalty provisions), the employer or the principal employer of the establishment shall be liable to a penalty which shall not be less than two lakh rupees but which may extend up to three lakh rupees. If the contravention continues after conviction, a further penalty of up to two thousand rupees for each day till such contravention continues shall be imposed.
Section 99 of the OSH Code, 2020 — Penalty for Failure to Maintain Registers, Records or Returns
Any person who is required under the Code, Rules, or Regulations to maintain any register or other document, or to file returns, but omits or fails to do so; or omits or fails to produce any register, plan, record, report, or any other document when required — shall be liable to a penalty which shall not be less than ten thousand rupees and which may extend up to twenty-five thousand rupees.
Section 103 of the OSH Code, 2020 — Penalty for Accident Caused by Non-Compliance
If any person fails to comply with any duty under the Code, Rules, Regulations, or bye-laws, and such non-compliance results in an accident or dangerous occurrence causing: (i) death — a penalty not less than three lakh rupees, extendable to five lakh rupees; (ii) serious bodily injury — a penalty not less than one lakh rupees, extendable to two lakh rupees; or (iii) grievous hurt — a penalty not less than fifty thousand rupees, extendable to one lakh rupees. These penalties are in addition to any penalty leviable under other provisions of the Code.
Section 107 of the OSH Code, 2020 — Penalty for Contravention of Provisions Regulating Employment of Workers (Including Women and Contract Labour)
Any person who contravenes any provision restricting or regulating the employment of workers including women, adolescents, and contract labour shall be liable to a penalty which shall not be less than fifty thousand rupees but which may extend to one lakh rupees.
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