The Occupational Safety Code, 2020 (India)
India's Occupational Safety, Health and Working Conditions Code, 2020 consolidates 13 existing labor laws related to workplace safety, health, and working conditions into a single statute covering all establishments with 10 or more workers and all mines and docks regardless of size.
- What Is the Occupational Safety Code, 2020?
- The 13 Laws Consolidated Under the OSH Code
- Employer Duties Under the OSH Code
- Contract Labour Provisions
- Inter-State Migrant Worker Protections
- Provisions for Women Workers
- Penalties Under the OSH Code
- Occupational Safety Statistics in India [2026]
- Frequently Asked Questions About the Occupational Safety Code, 2020
What Is the Occupational Safety Code, 2020?
Key Takeaways
- ✓The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) merges 13 labor laws, including the Factories Act 1948, Mines Act 1952, Building and Other Construction Workers Act 1996, and Contract Labour Act 1970.
- ✓It covers all establishments with 10 or more workers (20 or more for certain provisions), all mines regardless of size, and all dock work and building/construction projects.
- ✓For the first time, inter-state migrant workers get statutory protections including a journey allowance, displacement allowance, and a national helpline.
- ✓Women can now work in all types of establishments, including night shifts, provided the employer ensures adequate safety measures, transportation, and consent.
- ✓Employers must appoint a Safety Committee for establishments with 500+ workers and conduct annual health examinations for workers in hazardous processes.
India's occupational safety framework was scattered across 13 different laws, each addressing a specific type of workplace: factories, mines, docks, plantations, construction sites, motor transport, and so on. An establishment that operated a factory, employed contract labor, and used building construction workers had to comply with three separate statutes with three different sets of rules. The OSH Code puts all of this under one roof. The core principle is straightforward: every employer must ensure a safe and healthy working environment. This includes clean drinking water, adequate ventilation, proper lighting, safe access to the workplace, fire safety, first aid provisions, and protection against hazardous processes and substances. What makes this Code different from the old Factories Act approach is its universal coverage. You don't need to check whether your establishment is a "factory" under the 1948 definition. If you have 10 or more workers, you're covered. Period.
The 13 Laws Consolidated Under the OSH Code
The sheer number of laws being consolidated shows how fragmented India's occupational safety framework had become.
| Law | Year | What It Covered |
|---|---|---|
| Factories Act | 1948 | Safety, health, and welfare of workers in factories |
| Mines Act | 1952 | Health, safety, and welfare in mines |
| Dock Workers (Safety, Health and Welfare) Act | 1986 | Safety and health of dock workers |
| Building and Other Construction Workers Act | 1996 | Safety and welfare of construction workers |
| Plantations Labour Act | 1951 | Working conditions in plantations (tea, coffee, rubber, etc.) |
| Contract Labour (Regulation and Abolition) Act | 1970 | Working conditions of contract laborers |
| Inter-State Migrant Workmen Act | 1979 | Protection of inter-state migrant workers |
| Working Journalists and Other Newspaper Employees Act | 1955 | Working conditions of journalists |
| Working Journalists (Fixation of Rates of Wages) Act | 1958 | Wage rates for journalists |
| Motor Transport Workers Act | 1961 | Working conditions in motor transport |
| Sales Promotion Employees Act | 1976 | Service conditions of sales promotion employees |
| Beedi and Cigar Workers Act | 1966 | Working conditions in beedi and cigar manufacturing |
| Cine Workers and Cinema Theatre Workers Act | 1981 | Working conditions in the film and cinema industry |
Employer Duties Under the OSH Code
The Code assigns broad duties to employers that go beyond the old law's checklist approach.
- Provide and maintain a workplace free from hazards that cause or are likely to cause injury or occupational disease.
- Provide free annual health examinations to workers employed in hazardous processes, as prescribed by the appropriate government.
- Issue appointment letters to every worker within the format prescribed by the Code, formalizing the employment relationship.
- Maintain proper records including a register of workers, health records, accident registers, and inspection reports.
- Ensure adequate welfare facilities: clean drinking water, latrines and urinals, washing facilities, first-aid boxes, canteens (for establishments with 250+ workers), and crches (for establishments with 50+ women workers).
- Constitute a Safety Committee in every establishment with 500 or more workers, with equal representation from management and workers.
- Report any accident causing death or serious bodily injury to the Inspector-cum-Facilitator and relevant authorities within the prescribed timeframe.
- Provide protective equipment and training to workers handling hazardous substances, operating dangerous machinery, or working at heights.
Contract Labour Provisions
The OSH Code absorbs the Contract Labour Act's framework with modifications that affect how companies engage contract workers.
Registration and licensing
Establishments employing 50 or more contract workers (increased from 20 under the old Act) must register with the appropriate government. Contractors employing 50 or more workers need a license. The threshold increase means smaller contract arrangements don't need formal registration, reducing compliance burden for SMEs. However, basic protections (wages, safety, welfare) apply to all contract workers regardless of the number employed.
Employer liability for contract workers
If a contractor fails to pay wages, provide welfare facilities, or ensure safety, the principal employer is responsible. This vicarious liability hasn't changed from the old law. Companies using contract labor can't hide behind the contractor relationship. Due diligence on contractor compliance isn't optional; it's a legal necessity. Smart companies build compliance verification into their vendor management processes.
Inter-State Migrant Worker Protections
India has an estimated 140 million internal migrant workers. The COVID-19 crisis exposed how poorly the old legal framework protected them. The OSH Code addresses several gaps.
Key protections
Inter-state migrant workers are entitled to a journey allowance (from home state to workplace and back), a displacement allowance, suitable working conditions comparable to local workers, and the right to register with the local administration. The Code mandates a national helpline for migrant workers and portable ration cards so that food security benefits aren't tied to domicile state. Employers hiring inter-state migrants must provide annual journey allowance for the worker and their family.
Practical challenges
Enforcement remains the biggest concern. The old Inter-State Migrant Workmen Act existed since 1979 but was widely ignored. Most migrant workers in construction, domestic work, and agriculture don't have formal employment relationships, which makes statutory protections hard to enforce. The OSH Code's requirement for mandatory appointment letters could help by creating a paper trail, but implementation depends on enforcement capacity at the state level.
Provisions for Women Workers
The OSH Code removes several restrictions on women's employment that existed under the old laws while adding safety requirements.
Night shift access
Women can now work night shifts in all establishments, including factories. The old Factories Act prohibited women from working between 7 PM and 6 AM. This blanket restriction is gone. Instead, employers must ensure adequate safeguards: consent of the worker, transportation from the workplace to the residence, and safety measures as prescribed. This change aligns with the principle that safety standards should protect women at work, not exclude them from work.
Hazardous work participation
Women can work in hazardous processes, subject to the same safety measures applicable to all workers. The Code removes the old approach of prohibiting women from entire categories of work. Before assigning women to work involving hazardous processes, employers must ensure appropriate safety equipment, training, and health monitoring are in place. Employers must also conduct a risk assessment and implement safety measures specific to the hazardous process.
Penalties Under the OSH Code
The penalty structure is significantly tougher than the old Factories Act penalties, which were often criticized for being too low to deter non-compliance.
| Offense | Penalty |
|---|---|
| General contravention of Code provisions | Fine up to Rs 2,00,000 |
| Contravention resulting in death of a worker | Imprisonment up to 2 years, fine up to Rs 5,00,000, or both |
| Contravention resulting in serious bodily injury | Fine up to Rs 3,00,000 |
| Repeat offense (contravention resulting in death) | Imprisonment up to 2 years, fine up to Rs 10,00,000, or both |
| Obstructing an Inspector-cum-Facilitator | Imprisonment up to 6 months, fine up to Rs 25,000, or both |
| Failure to maintain registers or records | Fine up to Rs 50,000 |
| Violating contract labour provisions | Fine up to Rs 1,00,000; repeat offense: imprisonment up to 3 months, fine up to Rs 2,00,000, or both |
Occupational Safety Statistics in India [2026]
Data on workplace safety and the state of occupational health in India.
Frequently Asked Questions
Is the Occupational Safety Code currently in force?
Does the OSH Code apply to offices and IT companies?
Can women now work night shifts in factories?
What changes for contract labor under the OSH Code?
How does the Code protect migrant workers differently from the old law?
Written by Adithyan RK