Occupational Safety, Health and Working Conditions Code, 2020

July 7, 2025

Introduction

The Occupational Safety, Health and Working Conditions Code, 2020 (OSHWC Code, 2020) is a landmark piece of legislation in India, aiming to consolidate and amend the laws regulating occupational safety, health, and working conditions for persons employed in various establishments. Enacted to simplify and modernize the complex web of existing labour laws, the Code subsumes 13 central labour laws, bringing them under a single framework. This consolidation seeks to provide a more streamlined and effective regulatory mechanism, ensuring better protection and welfare for workers across diverse sectors.

The primary objective of the OSHWC Code, 2020, is to provide a safe and healthy working environment for all workers, prevent occupational diseases and accidents, and regulate the working conditions, including hours of work, leave, and welfare facilities. It emphasizes the duties of employers, the rights and responsibilities of employees, and the role of the government in enforcing these provisions.

Overview of the Code

The OSHWC Code, 2020, was introduced in the Lok Sabha by the Minister of Labour and Employment on September 19, 2020, and subsequently passed by both houses of Parliament, receiving presidential assent on September 28, 2020. Its enactment is a significant step towards labour law reforms in India, aiming to enhance ease of doing business while simultaneously improving the working conditions for millions of workers.

The Code applies to establishments employing 10 or more workers, and to all mines and docks, as well as establishments carrying out any hazardous or life-threatening activity as may be notified by the Central Government. Certain provisions related to health and working conditions apply to all employees, encompassing workers and all other persons earning wages, including those in managerial, administrative, or supervisory roles.

One of the key features of the Code is the shift from multiple registrations under various labour laws to a single registration for establishments. This is intended to reduce the compliance burden on employers. The Code also introduces specific provisions for different categories of workers, such as contract labourers, inter-state migrant workers, and women workers, addressing their unique needs and vulnerabilities.

Key Provisions of the OSHWC Code, 2020

The OSHWC Code, 2020, is structured to cover various aspects of occupational safety, health, and working conditions. Below are its key provisions:

1. Applicability and Coverage

Threshold: The Code applies to establishments employing 10 or more workers. For factories, the threshold is 20 or more workers with the aid of power, and 40 or more workers without the aid of power. It also covers mines, docks, motor transport undertakings, newspaper establishments, audio-video productions, building and other construction work, and plantations.
Exemptions: The appropriate government can exempt any workplace or activity from the Code in case of a public emergency, disaster, or pandemic for up to a year. State governments can also exempt new factories for a specified period to promote economic activity and employment.
Registration: Establishments covered by the Code are required to register electronically with the registering officers within 60 days of the Code’s commencement. Factories and certain other establishments may also need to obtain specific licenses to operate.

2. Definitions

The Code introduces and clarifies several key definitions to ensure clarity and broader applicability:

“Establishment”: Broadly defined to include any place where any industry, trade, business, manufacturing, or occupation is carried on.
“Employee”: A person employed on wages by an establishment to do any skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical, clerical, or other work.
“Worker”: A new definition has been introduced, which is generally broader than “employee” and includes contract labour, inter-state migrant workers, and others.
“Hazardous Process”: Any process or activity in relation to specified industries where raw materials, finished products, by-products, or wastes would cause material impairment to health or result in environmental pollution, unless special care is taken.
“Wages”: Defined to include all remuneration, including basic pay, dearness allowance, and retaining allowance, but excludes certain components like house rent allowance, overtime allowance, and conveyance allowance, provided they do not exceed 50% of the total remuneration.

3. Duties of Employer

The Code places significant responsibilities on employers to ensure a safe and healthy workplace:

Hazard-Free Workplace: Employers must provide a workplace free from hazards that may cause injury or occupational disease.
Compliance with Standards: Adherence to occupational safety and health standards declared under the Code’s rules, regulations, bye-laws, or orders.
Free Annual Health Examinations: Provision of free annual health examinations for employees in notified establishments, especially for those above a certain age (e.g., 45 years in prescribed industries).
Accident Notification: Informing relevant authorities in case of any accident at the workplace leading to death or serious bodily injury.
No Charges for Safety: Ensuring no charge is levied on any employee for anything done or provided for maintaining safety and health at the workplace, including medical examinations.
Specific Duties for Certain Sectors: Additional duties are prescribed for employers in factories, mines, docks, plantations, and building and construction work, including providing a risk-free work environment and instructing employees on safety protocols.
Appointment Letters: Mandatory issuance of appointment letters to all employees.

4. Duties and Rights of Employees

The Code also outlines the duties and rights of employees:

Duties:
- Taking care of their own health and safety and that of others who may be affected by their acts or omissions at the workplace.
- Complying with safety and health standards and rules.
- Reporting unsafe work incidents, hazards, or deficiencies in safety and health provisions to the Inspector-cum-Facilitator or employer.
- Cooperating with the employer in complying with the Code’s provisions.
Rights:
- Right to obtain information on safety and health standards from the employer.
- Right to report any unsafe conditions without fear of reprisal.

5. Working Conditions

The Code empowers the Central Government to frame rules regarding various aspects of working conditions:

Hygiene and Cleanliness: Maintaining proper hygiene, cleanliness, ventilation, humidification, and providing arrangements for waste treatment.
Basic Amenities: Ensuring potable drinking water, adequate lighting, and preventing overcrowding.
Sanitation: Provision of adequate and separate latrine and urinal accommodation for male, female, and transgender employees, with proper hygiene.
Temperature Control: Maintaining a suitable working environment concerning temperature and humidity.

6. Health and Safety

The Code emphasizes proactive measures for health and safety:

Safety Committees and Officers: Mandates the constitution of Safety Committees and appointment of Safety Officers in establishments employing a certain number of workers (e.g., 500 or more in factories, 250 or more in hazardous processes or building/construction work, 100 or more in mines).
Hazardous Processes: Specific regulations for industries involved in hazardous processes, including safety audits and risk assessments.
Notifiable Diseases: A schedule lists diseases that employers are required to notify authorities if a worker contracts them.
Accident Investigation: Provisions for inquiry into accidents and dangerous occurrences.
Occupational Safety and Health Advisory Boards: Establishment of National and State-level Advisory Boards to advise the respective governments on standards, rules, and regulations related to occupational safety and health.

7. Welfare Facilities

Employers are responsible for providing prescribed welfare facilities:

Washing Facilities: Adequate and suitable separate washing facilities for male and female employees.
Bathing Places and Locker Rooms: Separate bathing places and locker rooms for male, female, and transgender employees.
Rest Rooms and Canteens: Provision of shelters, rest-rooms, and lunch-rooms in factories and mines employing more than 50 workers, and canteens in establishments employing 100 or more workers.
Creches: Establishments employing 50 or more workers must provide creche facilities for children of employees. Common creche facilities can also be availed.
First Aid: Provision of first-aid boxes and medical facilities.
Sitting Arrangements: Suitable sitting arrangements for workers obliged to work in a standing position.

8. Hours of Work and Annual Leave with Wages

The Code sets out clear provisions for working hours and leave:

Daily and Weekly Hours: No worker shall be required or allowed to work for more than eight hours a day and 48 hours a week.
Spread-over: The period of work, including intervals for rest, shall not spread over more than 12 hours in a day.
Intervals for Rest: No worker shall work for more than five hours before having an interval for rest of at least half an hour.
Overtime: Workers working overtime must be paid at twice the rate of their daily wages, with prior consent required for overtime work. The maximum overtime hours in a quarter are also prescribed (e.g., 125 hours).
Weekly Holiday: Workers cannot be required to work for more than six days a week.
Annual Leave with Wages: A worker who has worked for 180 days or more in a calendar year is entitled to one day of leave for every 20 days of work. Accumulation of earned leave up to a prescribed maximum limit (e.g., 30 days) is allowed, with provisions for encashment of excess leave.
Women Workers: Women can be employed to work past 7 PM and before 6 AM with their consent, subject to safety-related and other conditions prescribed by the government, including provision of transportation and well-lit workplaces.

9. Special Provisions for Certain Establishments/Workers

The Code includes specific provisions for various categories:

Contract Labour: Applies to establishments employing 50 or more contract labourers. Contractors need to obtain a common license. Ordinarily, contract labour will not be deployed on core activities. Principal employers are responsible for ensuring safety, health, and welfare provisions for contract labourers.
Inter-State Migrant Workers: Widens the definition and provides benefits such as travel cost for visiting native places, portability of benefits (PF, ESI), and annual health check-ups. Inter-state migrant workers earning wages up to a certain threshold (e.g., Rs. 18,000 per month) are covered.
Working Journalists and Audio-Visual Workers: Specific provisions regarding working hours, leave, and conditions of service. For audio-visual workers, a written and registered agreement is mandatory.
Mines: Detailed provisions regarding safety, health, and working conditions in mines, including restrictions on working hours below ground and shift systems.

Enforcement and Penalties

The OSHWC Code, 2020, provides for a robust enforcement mechanism:

Inspector-cum-Facilitator: The Code introduces the concept of “Inspector-cum-Facilitator” who will not only inspect but also facilitate compliance by providing information and advising employers. They have powers to enter workplaces, inspect documents, inquire into accidents, and issue show-cause notices.
Offences and Penalties:
- General Contravention: Penalties for contravention of any provision of the Code or rules, which may extend to a fine of up to Rs. 2 lakh.
- Continuing Contravention: Additional fine for continuing contravention.
- Hazardous Contravention: More severe penalties, including imprisonment and higher fines, for contraventions that cause death, serious bodily injury, or are likely to cause grave injury or occupational disease.
- Obstruction of Inspector: Imprisonment up to 3 months or a fine up to Rs. 1 lakh for obstructing an Inspector-cum-Facilitator.
- Repeat Offences: Enhanced penalties for repeat offences.
Compounding of Offences: Certain minor offences may be compounded.
Adjudicating Authority: The appropriate government may appoint an officer as an adjudicating authority for imposing penalties.

20 Frequently Asked Questions (FAQs)

Here are 20 frequently asked questions about the Occupational Safety, Health and Working Conditions Code, 2020:

What is the primary objective of the OSHWC Code, 2020? The primary objective is to consolidate and amend laws relating to occupational safety, health, and working conditions, providing a single framework for better protection and welfare of workers.
Which existing labour laws does the OSHWC Code, 2020, subsume? It subsumes 13 central labour laws, including The Factories Act, 1948; The Mines Act, 1952; The Contract Labour (Regulation and Abolition) Act, 1970; and others.
To which establishments does the OSHWC Code, 2020, apply? It generally applies to establishments employing 10 or more workers, and to all mines and docks, and establishments carrying out hazardous activities.
What is the new definition of “worker” under the Code? The Code introduces a broader definition of “worker,” encompassing employees, contract labourers, inter-state migrant workers, and others engaged in various types of work.
Is it mandatory for employers to issue appointment letters? Yes, the Code mandates the issuance of appointment letters to all employees by the employer.
What are the key duties of an employer under the Code? Key duties include providing a hazard-free workplace, complying with safety standards, providing free annual health check-ups, and notifying authorities of accidents.
Can women work night shifts under the new Code? Yes, women can work between 7 PM and 6 AM with their consent, subject to prescribed safety and working conditions, including transportation and well-lit workplaces.
What are the prescribed daily and weekly working hours? No worker shall be required to work for more than eight hours a day and 48 hours a week.
How is overtime calculated and compensated under the Code? Overtime work requires prior consent and must be compensated at twice the rate of daily wages.
What are the provisions for annual leave with wages? A worker is entitled to one day of leave for every 20 days of work after completing 180 days in a calendar year. Leave can be accumulated up to a prescribed limit, with encashment options.
When is an establishment required to provide a canteen facility? An establishment employing 100 or more workers (including contract labourers) is required to provide canteen facilities.
What is the threshold for providing creche facilities? Establishments employing 50 or more workers must provide creche facilities for the children of employees.
What is the role of an “Inspector-cum-Facilitator”? This role combines inspection with facilitation, meaning they not only enforce compliance but also advise and guide employers on best practices.
What are the penalties for non-compliance with the Code? Penalties range from fines for general contraventions to imprisonment and higher fines for hazardous contraventions leading to injury or death.
Are inter-state migrant workers covered under this Code? Yes, the Code includes special provisions for inter-state migrant workers, ensuring their welfare, travel costs, and portability of benefits.
Can contract labour be deployed on core activities? Ordinarily, contract labour will not be deployed on core activities of an establishment.
What is the requirement for constituting a Safety Committee? Safety Committees are mandated in factories employing 500 or more workers, or 250 or more in hazardous processes/construction, or 100 or more in mines.
Does the Code require free health check-ups for employees? Yes, employers must provide free annual health examinations to employees in notified establishments, especially those above a certain age.
What is the maximum spread-over for working hours in a day? The period of work, including intervals for rest, shall not spread over more than 12 hours in a day.
Is there a provision for a central advisory body under the Code? Yes, the Code provides for the establishment of National and State Occupational Safety and Health Advisory Boards to advise governments on policy and implementation.

Disclaimer

The information provided in this document regarding the Occupational Safety, Health and Working Conditions Code, 2020, is for general informational purposes only. While every effort has been made to ensure accuracy and completeness, this document does not constitute legal advice. The OSHWC Code, 2020, along with its associated rules and regulations, is a complex piece of legislation, and its interpretation and application may vary based on specific circumstances and subsequent amendments or clarifications by the government.

Readers are strongly advised to consult with legal professionals or relevant government authorities for specific guidance and compliance requirements related to their particular establishment or employment situation. Reliance on the information contained herein is solely at your own risk. The author and platform disclaim any liability for any loss or damage arising from the use of this information. It is crucial to refer to the official gazette notifications and statutory documents for the most accurate and up-to-date legal provisions.