
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:
When a worker’s shift extends beyond midnight: (a) for purposes of weekly holidays under Section 26, the ‘weekly holiday’ means a period of 24 consecutive hours beginning when the shift ends; and (b) the following day is considered to be 24 hours beginning when their shift ends, with hours worked after midnight counted as part of the previous day.
Work shall not be carried on in any establishment by means of a system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time. This provision does not apply to mines. The appropriate authority may exempt any establishment, class of establishments, department, or category of workers from this provision.
No worker shall be required or allowed to work in a mine or factory if they have already been working in any other mine or factory within the preceding twelve hours, save in such circumstances as may be prescribed by the appropriate Government by general or special order.
The notice of periods of work shall be displayed at conspicuous places — on a notice board or electronic board — and maintained in Form-XII. A copy of such notice shall be sent to the Inspector-cum-Facilitator electronically or by registered post. Any proposed change in the system of work that necessitates a change in the notice of periods of work shall be intimated to the Inspector-cum-Facilitator before the change is made; except with prior sanction, no change shall be made until one week has elapsed since the last change.
Every worker is entitled to leave with wages if they have worked for 180 days or more in a calendar year (including layoff, maternity, and annual leave periods, though no leave is earned for such periods). Entitlement is 1 day of leave for every 20 days of work for adults, and 1 day for every 15 days for adolescents or underground mine workers. Holidays are excluded from the period of leave taken. Workers joining after January 1st are entitled proportionately if they have worked for at least 1/4th of the remaining days in the calendar year. On discharge, dismissal, resignation, retirement, or death, payment of leave wages must be made within 2 working days (or within 2 months in the case of death).
Employers must maintain an Employee Register in Form-XIII electronically or otherwise. Records shall be up-to-date and must be available at the establishment’s office or a nearby building within 3 km radius. Entries shall be in English or Hindi and in the local language. Records shall be produced on demand before the Inspector-cum-Facilitator or authorised person. All registers and records shall be preserved in original for a period of five calendar years from the date of the last entry.
Employers must maintain a Register of Attendance-cum-Muster Roll in Form-XIV electronically or otherwise. These records shall be up-to-date and must be available at the establishment’s office or a nearby building within 3 km radius.
Employers must maintain a register of wages, overtime, and deductions in Form-XV electronically or otherwise. These records shall be up-to-date and must be available at the establishment’s office or a nearby building within 3 km radius.
Every employer must display at conspicuous places of the workplace a notice showing: name and address of the establishment; hours of work; wage period; date of payment of wages; details of accidents and dangerous occurrences in the establishment for the last five years; name and address of the Inspector-cum-Facilitator having jurisdiction; and date of payment of unpaid wages to workers — in English, Hindi, and the local language understood by the majority of workers.
Every employer shall issue wage slips in Form-XVI to employees, either electronically or manually.
The employer to which the provisions of the OSH Code apply shall upload a return in Form-XVII and Form-XVIII on the designated portal on or before the 28th or 29th day of February following the end of each calendar year. During inspection, the Inspector-cum-Facilitator may require the production of accounts, books, registers, and other documents maintained in electronic form. Every establishment to which Chapters III (EPF) and IV (ESIC) of the Code on Social Security, 2020 apply shall submit a self-declaration in Part IV of Form XVII electronically.
Where an employer sells or abandons the operation of an establishment, they shall, within one month from the date of such sale or abandonment, upload a further return in Form XVII and XVIII on the designated portal for the period from the end of the preceding year up to the date of sale or abandonment.
Where an employer discontinues the working of an establishment, they shall, within four months from the date of such discontinuance, upload a further return in Form XVII and Form XVIII on the designated portal for the period from the end of the preceding year up to the date of discontinuance.
Manual registers and other records shall be legibly entered in ink in English or Hindi and in the local language, signed by the employer, and preserved in original for a period of five years after the date of the last report or entry. If the original record is lost or destroyed before the expiry of five years, true copies thereof, if available, shall be preserved for the specified period.
The Register of Accidents and Dangerous Occurrences required by sub-clause (v) of clause (a) of Section 33 of the Code shall be maintained in Form-XIX.
The employer of every establishment shall maintain in respect of every employee a record of leave with wages in Form-XX, electronically or manually. The register shall be preserved for a period of 5 years after the last entry and shall not be destroyed even after the expiry of that period unless it has been properly transferred to a new register.
Women can work in all establishments and for all types of work under the Code. They may also work before 6 a.m. and after 7 p.m. with their written consent, subject to safety and other conditions set by the government. For night work, the following conditions apply: (a) written consent of the woman employee; (b) no violation of maternity benefit provisions under the Social Security Code, 2020; (c) safe and adequate transportation for pick-up and drop to be provided; (d) workplaces, passages, entry and exit points, toilets, washrooms, and drinking water facilities to be well-lit, nearby, and covered with CCTV surveillance; and (e) safe, secure, and healthy working conditions to be ensured.
Employers must ensure adequate safety measures before employing women in hazardous or dangerous operations or processes that could endanger their health or safety. The Central Government may by notification declare the class of establishments and the scheme and standards for safeguarding women in hazardous processes as specified in the First Schedule to the Code.
No contractor shall supply or engage contract labour in any establishment employing fifty or more contract labour, or execute work employing fifty or more contract labour, except under and in accordance with a valid licence in Form XXII. Every contractor shall apply online for grant of licence in Form XXI through the Shram Suvidha Portal. Licence conditions require the contractor to ensure: (a) compliance with working hours under Section 25; (b) payment of wages as per the Code on Wages, 2019; (c) provision of statutory facilities by the principal employer where contract labour works on its premises; and (d) provision of other prescribed facilities.
Every contractor shall, within 15 days of receipt of a work order, intimate the competent authority through the Shram Suvidha portal with the prescribed contract details. Intimation may be submitted by the contractor or an authorised representative and shall also be filed electronically through the Shram Suvidha Portal.
If the contractor fails to pay wages to contract labour within 7 days after the wage period, the principal employer shall pay the full or unpaid dues within 15 days and recover the amount from the contractor through deductions, debt recovery, or adjustment from security deposit. The contractor shall fix wage periods not exceeding one month, and wages shall be disbursed through bank transfer. The principal employer shall settle bills of the contractor related to dues of contract workers within the timelines agreed between the principal employer and contractor.
A notice showing the wage period and the date and time of disbursement of wages of contract labour shall be displayed at the place of work, and a copy shall be sent by the contractor to the principal employer electronically.
Every contractor (including contractors employing fewer than 50 contract labour) shall send a half-yearly return in Form-XVIII electronically to the Deputy Chief Labour Commissioner (Central) concerned, not later than 30 days from the close of the half year (i.e., January to June, and July to December).
Every contractor shall issue on demand an experience certificate in Form-XXIII to the contract labour, giving details of the period worked, the work performed, and experience gained in various fields.
It is prohibited to employ contract labour in core activities, except in the following cases: (a) if such activity is ordinarily done through a contractor; (b) the activities are such that they do not require full-time workers; or (c) there is a sudden increase in the volume of work in the core activity requiring completion within a short time.
It shall be the duty of the employer or contractor employing inter-State migrant workers: (i) to ensure suitable conditions of work; and (ii) in case of accident or serious bodily injury to such worker, to report to the concerned authorities. The employer or contractor shall also extend all benefits available to a regular worker of the establishment — including benefits under ESI, EPF, and other applicable laws — and medical check-up facilities.
If a worker has worked for a period of not less than 180 days in an establishment in the preceding 12 months, the employer shall pay a lump sum amount of fare by train (not less than II Class Sleeper) or by bus or any other mode of transport from the place of employment to the place of residence, once in twelve months. If a worker changes employer during the employment period without having availed journey allowance from the previous employer, and has completed 180 days including the period with the previous employer, the new employer shall pay the journey allowance.
A toll-free helpline number shall be provided through general or special order by the Director General, Labour Welfare Organisation, Ministry of Labour and Employment, to address queries and the safety of inter-State migrant workers.
An audio-visual worker cannot be employed for the production of an audio-visual programme without a written agreement. Such agreement is to be registered with the competent authority notified by the appropriate Government by the producer of the audio-visual programme.
Agreements for audio-visual workers with the producer shall be entered into in Form-XXIV. The agreement must include: nature of assignment; wages and other benefits; health and working conditions; safety; hours of work; welfare facilities; dispute resolution mechanism; and related particulars. A copy of the agreement shall also be forwarded by the producer to such authority as prescribed by the appropriate Government. In the event that a dispute resolution process fails, either party may refer the dispute to a conciliation officer or tribunal in conformity with the Industrial Relations Code, 2020.
For initial medical examinations in mines, the employer must give at least seven days’ written notice to the person being examined, using a form specified by the Chief Inspector-cum-Facilitator. A copy of the notice must also be sent to the examining authority.
For periodic medical examinations in mines, the manager must give at least twenty days’ written notice in writing to the person to be examined, in the form notified by the Chief Inspector-cum-Facilitator. The employer shall send a copy, along with previous medical certificates, to the examining authority.
A person who for any reasonable cause fails to submit to the medical examination as per the notice issued shall be given a second notice of a minimum period of ten days in the form notified by the Chief Inspector-cum-Facilitator, by the manager. A copy of every such notice shall be sent by the manager to the examining authority.
A woman employee shall preferably be examined by a female medical practitioner. Where a female qualified medical practitioner is not available, the woman employee may be medically examined by a male qualified medical practitioner only in the presence of another woman.
Below-ground mines employing over 100 persons must have a surface rescue room if no rescue station exists within 35 km. One rescue room may serve nearby mines of the same employer provided: (a) total below-ground employment does not exceed 5,000; and (b) all mines are within 35 km and road-connected to the rescue room. With approval, a rescue room may function as a rescue station if it has additional equipment (including 15 extra two-hour self-contained breathing apparatus sets) and is managed by qualified instructors and at least five rescue-trained individuals.
In case of an accident in a below-ground mine involving rescue apparatus, the manager shall send a written report to the Chief Inspector-cum-Facilitator and Inspector-cum-Facilitator within 24 hours of the accident in the prescribed form.
In case of an accident in a rescue station or rescue room arising out of the use of any rescue apparatus, a written report shall be sent electronically within 24 hours of such accident by the Superintendent to the Chief Inspector-cum-Facilitator and Inspector-cum-Facilitator in the form specified by general or special order of the Chief Inspector-cum-Facilitator.
If new technology, equipment, or systems of work are introduced in a mine, the employer must submit the training module to the Chief Inspector-cum-Facilitator at least 60 days prior to introduction. The Chief Inspector-cum-Facilitator may require modifications. Employees must be trained according to this module and the specified training scheme before deployment.
If the Training Officer is temporarily unavailable, the owner, agent, or manager must appoint a qualified substitute in writing for up to 30 days. For extensions beyond 30 days, prior written consent from the Chief Inspector-cum-Facilitator is required.
Every appointment, discharge, dismissal, resignation, or termination of service of a Training Officer and the date thereof shall be communicated by the owner or agent to the Chief Inspector-cum-Facilitator and Inspector-cum-Facilitator within seven days from the date of such event.
To close a training centre or discontinue its operation for over 60 days, the mine employer/owner of the common vocational training centre must give notice in the form specified by the Chief Inspector-cum-Facilitator, stating the reasons, at least 30 days in advance. If unforeseen circumstances cause a closure or discontinuance before notice is given, or if discontinuance extends beyond 60 days without prior intention, immediate notification is required.
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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