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:
An employer seeking registration for an establishment not already registered shall apply electronically in Form-I on the Shram Suvidha Portal of the Ministry of Labour & Employment (or designated portal), with details about the establishment and documents related to registration, proof of identity and address of the employer as specified in the form. The form shall be digitally signed. The registering officer shall issue a Certificate of Registration in Form-II electronically within 7 days of submission of a complete application. If not issued within the timeline, registration shall be deemed granted and Form-II auto-generated. Every employer of an establishment: (a) which comes into existence after commencement of the Code; or (b) to which the Code becomes applicable; shall, within sixty days of such applicability, apply electronically to the registering officer for registration.
The employer shall quote the Registration Number on all documents prepared by them in connection with the Code, Rules, Regulations, or any Scheme, as the case may be, and in all correspondence with the offices concerned.
The certificate of registration is non-transferable and shall be displayed at conspicuous places within the premises of the establishment at all times.
Any change in the ownership, management, or any particular furnished in the registration Form submitted on the specified portal shall be updated on the portal by the employer within thirty days of such change. Any change in ownership, management, or registration details must be reported to the registering officer and updated electronically on the portal by the employer within 30 days of change.
The employer must, within 30 days of closure of an establishment (other than mines), inform the Registering Officer and Inspector-cum-Facilitator in Form-II, stating the actual closure date and submitting a certificate of payment of all worker dues and statutory returns. The information will also be auto-shared with EPFO and ESIC.
The employer of a contract labour or building or other construction worker must notify the Registering Officer and Inspector-cum-Facilitator in Form-VI within 30 days of commencement or cessation of operations. A cessation notice must include a certificate confirming payment of all worker dues and removal of hazardous chemicals/substances from the premises.
The employer of a mine must give at least 30 days’ prior notice in Form-VII to the Registering Officer/Inspector-cum-Facilitator for commencement, reopening, cessation, discontinuation, abandonment, or closure of mining operations. A cessation notice must include a certificate confirming payment of all worker dues and clearance of hazardous chemicals/substances from the premises.
Every employer shall: (a) ensure the workplace is free from hazards likely to cause injury or occupational disease to employees; (b) comply with occupational safety and health standards; (c) provide free annual health examination or test to employees of such age or class as prescribed; (d) provide and maintain a working environment that is safe and without risk to health; (e) ensure proper disposal of hazardous, toxic, and e-waste; (f) issue appointment letters to employees within 3 months; (g) not charge employees for safety measures; and (h) ensure safety for all persons on the premises.
Duties of employer particularly in respect of factory, mines, dock, building or other construction work, or plantation include: (a) provision and maintenance of plant and systems of work that are safe and without risk to health; (b) arrangements for ensuring safety and absence of risk in connection with the use, handling, storage and transport of articles and substances; (c) provision of necessary information, instruction, training and supervision to ensure health and safety; (d) maintenance of all places of work in a condition that is safe and without risk, with safe means of access and egress; and (e) provision and maintenance of a working environment that is safe and without risk, with adequate welfare facilities.
Employers engaged in dock or building or construction work must provide free medical examinations to employees above 40 years of age through a qualified medical practitioner and issue Form-VIII certificates to both employer and employees. The examination shall be conducted within 120 days from the commencement of each calendar year. ESIC facilities may be used. Mine employees are governed under Rule 109.
Every employer shall provide an appointment letter to each employee upon hiring, containing the prescribed particulars including: name, date of birth, father’s/mother’s name, Aadhaar number (with consent), LIN, UAN/ESIC number, designation, type of employment (regular/fixed-term/contractual), skill category, date of joining, wages, basic pay and DA, other allowances, social security benefits (EPFO/ESIC), and broad nature of duties. Existing employees who have not been issued an appointment letter must be issued one within three months of commencement of the Rules.
If an accident at an establishment results in a death, the employer must immediately send a notice in Form XI electronically, and inform by telephone: the Inspector-cum-Facilitator, Chief Inspector-cum-Facilitator, District Magistrate or Sub-divisional Officer, the nearest police station, and the family/next of kin of the victim. Such notice is to be given by the employer/owner/agent in the case of a mine; employer/manager in the case of a factory/dock; and employer in the case of a plantation/building/construction work.
If an accident at an establishment results in an injury preventing work for 48 hours or more, the employer must send a notice in Form XI within 12 hours after the 48-hour period to the Inspector-cum-Facilitator electronically. If the 48-hour work disability period from an accident or dangerous occurrence does not occur immediately but accumulates in multiple spells, the employer must send a report to the Inspector-cum-Facilitator and District Magistrate or Sub-divisional Officer within 24 hours after the total disability period reaches 48 hours.
Where a dangerous occurrence as specified in the schedule annexed to the Rules takes place in an establishment — whether or not it causes any bodily injury or disability — a notice in Form-XI shall be sent within twelve hours to: (a) the Inspector-cum-Facilitator; and (b) the District Magistrate or Sub-divisional Officer.
Where death occurs after an accident or dangerous occurrence has already been reported, the employer/occupier/manager shall immediately inform by telephone and electronically the authorities and persons specified in Rules 7(1) and 7(2), and confirm the information in writing within 12 hours of the death.
Where any worker in an establishment contracts any disease specified in the Third Schedule of the Code, the employer shall send notice electronically to the Inspector-cum-Facilitator or Chief Inspector-cum-Facilitator in the form prescribed under Rule 8 of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026.
On receipt of information from any employee regarding the existence of an imminent danger to the safety and health of employees in the establishment, the employer shall take immediate remedial action and — whether or not the employee is satisfied with the remedial measures — shall send a report of actions taken to the Inspector-cum-Facilitator electronically or by speed post.
The employer shall submit detailed statistics of inter-State migrant workers and of their occupational safety and health electronically on the web portal designated for the purpose by the Central Government, or for such number of workers as may be specified by general or special order.
Establishments with 500 or more workers must constitute a Safety Committee with equal representation from employer and worker representatives, including adequate women representation. Worker members are chosen by unions or workers themselves. The committee’s tenure is 3 years and it must meet at least once every quarter (once every month for mines). The Safety Committee shall be adequately informed of: (a) potential safety and health hazards to which workers may be exposed at the workplace; and (b) data on accidents and data resulting from surveillance of the working environment and health of employees.
Employers must appoint Safety Officers with prescribed qualifications and duties in the following establishments: (a) factories with 500 or more workers; (b) hazardous factories with 250 or more workers; (c) construction sites with 250 or more workers; and (d) mines with 100 or more workers. The qualifications and duties of Safety Officers shall be as prescribed by regulations.
The employer shall, within fifteen days from the date of receipt of the recommendations of the Safety Committee, take action to implement such recommendations.
The Safety Committee shall meet at least once in every quarter. For mines, the Safety Committee shall meet at least once in every month.
In building and construction establishments employing 250 or more workers, Safety Officers shall be appointed as follows: (a) up to 500 workers — 1; (b) up to 1,000 workers — 2; (c) up to 2,000 workers — 3; (d) up to 5,000 workers — 4; and (e) one additional Safety Officer for every further 2,000 workers or part thereof.
The employer shall be responsible for maintaining in their establishment such health, safety, and working conditions as may be prescribed by the Central Government, including cleanliness and hygiene; ventilation, temperature and humidity; environment free from dust, noxious gas, fumes and other impurities; adequate standard of humidification; potable drinking water; adequate standards to prevent overcrowding; sufficient space for employees; adequate lighting; and other related standards.
Employers must provide prescribed welfare facilities, including: (i) adequate and suitable separate washing facilities for male, female, and transgender employees; (ii) separate bathing places and locker rooms for all genders; (iii) places for keeping clothing not worn during working hours; (iv) sitting arrangements for employees obliged to work in a standing position; (v) canteen facilities where 100 or more workers including contract labour are ordinarily employed; and (vi) medical examination facilities for mine workers; and accessible first-aid supplies at all times.
Where one hundred or more workers including contract labour are ordinarily employed, the employer shall provide canteen facilities in the establishment.
The employer shall provide an ambulance room facility in every factory, mine, building or other construction work wherein more than five hundred workers are ordinarily employed.
Provision for medical facilities shall be made at the operating centres and halting stations of motor transport undertakings. Uniforms, raincoats, and other protective amenities for protection from rain or cold shall also be provided for motor transport workers.
Adequate, suitable, and separate shelters or rest-rooms shall be provided for male, female, and transgender employees and lunch-rooms in every factory and mine wherein more than fifty workers are ordinarily employed, and in motor transport undertakings wherein an employee is required to halt at night.
The Central Government may prescribe for the appointment of a welfare officer in every factory, mine, or plantation wherein two hundred and fifty or more workers are ordinarily employed, along with the qualifications, conditions of service, and duties of such welfare officer.
The Central Government may require employers to provide temporary, free living accommodation for building workers near the work site. Employers must also remove or demolish such accommodations when no longer needed and return any land obtained for this purpose from the Municipal Board or local authority. The Central Government may also provide for payment by the principal employer of the expenses incurred on providing accommodation to the contractor, where the building or other construction work is done through the contractor.
A suitable room or rooms for the use of children under the age of six years of the employees shall be provided at a suitable location and distance — either separately or along with common facilities — in establishments wherein more than fifty workers are ordinarily employed. An establishment may avail common crèche facilities of the Central Government, State Government, municipality, private entity, NGO, or through a pooled arrangement with a group of establishments.
Workers cannot work more than 8 hours in a day or more than 48 hours in a week. Working hours including rest breaks must not exceed 12 hours in a day. Workers must have at least a 30-minute rest break after 5 hours of work. No worker shall be required or allowed to work in an establishment for more than 48 hours in any week. In motor transport undertakings, a maximum of 15 minutes’ interruption shall be allowed any time during which the running of the transport vehicle is interrupted.
The working hours of working journalists shall be set by the Central Government, with a maximum of 144 hours over four weeks and at least 24 consecutive hours of rest every seven days. Further provisions applicable to working journalists or sales promotion employees are contained in Section 25(2), (3) and Rules 65–66 of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026.
The working hours of an adolescent worker shall be regulated in accordance with the provisions of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.
No worker shall be allowed to work in an establishment for more than six days in any one week. In motor transport undertakings, an employer may, to prevent dislocation of service, require a worker to work on a weekly holiday, provided the worker does not work for more than ten consecutive days without an intervening weekly holiday.
The employer shall display at conspicuous places of the workplace — including through digital means such as electronic notice boards — a notice of the weekly holiday. Where the weekly holiday differs among employees, the notice shall show the holiday allowed to each relay, set of persons, or individual in Hindi or English and in the local language.
If a worker is deprived of any of the weekly holidays, the worker shall be allowed compensatory holidays equal to the number of holidays deprived, within the month in which the holidays were due or within the two immediately following months. Compensatory holidays shall be spaced so that not more than two are given in one week (except for continuous process workers). The manager must display a notice by the end of the month listing compensatory holidays for workers in the upcoming month, along with dates, at the location where work period notices are posted. Changes must be made at least three days before the affected holiday.
Where a worker works for more than 8 hours in any day as daily wager, or more than 48 hours in any week, they shall be entitled to overtime wages at twice the rate of their regular wages, paid at the end of each wage period. A worker shall be required to work overtime only with their consent. For monthly paid workers, daily wages shall be 1/26th of monthly wages. Fractions of an hour between 15 and 30 minutes shall be counted as 30 minutes; fractions above 30 minutes shall be rounded to an hour.
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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