Occupational Safety, Health and Working Conditions Code
The Occupational Safety, Health and Working Conditions Code, 2020 (OSHWC Code) is a landmark piece of labour legislation aimed at consolidating and simplifying India’s regulatory framework around workplace safety and health. It merges 13 pre-existing labour laws into one cohesive statute, making compliance easier for employers while ensuring better protection and welfare for workers.
Overview
The OSHWC Code governs the health, safety, and working conditions of employees in establishments across sectors like manufacturing, mining, construction, and transport. It introduces uniform compliance procedures, digital record-keeping, and statutory welfare provisions, while also extending benefits to contract labour, inter-state migrant workers, and women working night shifts.
Enactment Year
The Code was passed by the Parliament in September 2020. However, it is yet to be enforced, pending final notification from the Central Government.
Purpose
The primary objective of the OSHWC Code is to consolidate multiple labour laws and simplify compliance for employers. It aims to promote a safer and healthier working environment, ensure fair treatment of contract and migrant labour, and encourage the formalisation of employment through mandatory documentation and appointment letters.
Applicability
The OSHWC Code applies to all establishments employing 10 or more workers, and to those involved in specific sectors such as mines, factories, docks, construction, and audiovisual production, regardless of the number of workers. It also applies to:
- Establishments employing 50+ contract workers
- Establishments with 10+ inter-state migrant workers
While government establishments are generally exempt, they come under the Code if they engage contract labour. The Code is designed to cover both organised and unorganized sectors uniformly.
Key Provisions
The Code mandates that employers ensure a safe working environment by providing clean drinking water, ventilation, lighting, sanitation facilities, and first aid. Appointment letters and experience certificates must be issued to all employees and contract workers. Night shifts for women are permitted with consent, provided adequate safety measures are in place. The Code promotes digital compliance through online licensing, registrations, and returns.
It also introduces journey allowances and welfare benefits for inter-state migrant workers, along with the ability to self-register using Aadhaar. Digital registers must be maintained, and serious violations of worker safety can result in substantial penalties, including imprisonment.
Major Sections
| Section | Title | Summary of Provision | Key Highlights |
| Section 6 | Duties of Employers | Outlines employer responsibilities to ensure workplace safety, health, and recordkeeping. | Appointment letters, safe environment, safety training, and sanitation are mandatory. |
| Section 8 | Duties of Employees | Employees must comply with safety protocols and report hazards. | Encourages participatory safety culture. |
| Section 13 | Rights of Employees | Grants employees the right to report unsafe working conditions and refuse dangerous work. | Legal protection for whistleblowers; written complaint process required. |
| Section 24 | Welfare Facilities | Mandates welfare provisions for certain establishments. | Restrooms, canteens (for 100+ workers), drinking water, crèches (for 50+ female workers). |
| Section 32 | Working Hours and Leave | Regulates daily/weekly working hours, overtime, and leave entitlements. | Adheres to maximum 8-hour workday; special provisions for night shifts. |
| Section 43 | Inter-State Migrant Workers | Ensures registration, journey allowance, and welfare support for migrant workers. | Self-registration via Aadhaar; access to PDS and benefits in destination state. |
| Sections 47–52 | Contract Labour Management | Covers licensing, parity of benefits, and digital worker records for contract workers. | Contractors must ensure equal pay and working conditions; Form VII for licensing. |
| Section 55 | Special Provisions for Women | Allows women to work night shifts with consent and safeguards. | Employer must provide safety, transportation, and informed written consent. |
| Section 58 | Safety Committees & Officers | Mandates safety committees in larger workplaces and appointment of safety officers. | Required in factories with 500+ workers and mines with 100+ workers. |
| Section 62 | Medical Examination | Requires periodic health check-ups for workers in notified industries. | Annual checks for hazardous jobs; records to be digitally maintained. |
| Section 74 | Licensing and Registration | Digital registration and licensing of establishments and contractors. | Mandatory via Shram Suvidha Portal; Form I (registration), Form VII (contractor license). |
| Section 88 | Duties of Inspector-cum-Facilitator | Empowers officials to inspect and advise employers through web-based systems. | Replaces traditional inspections with tech-enabled audit model. |
| Section 94 | Offences and Penalties | Lists penalties for different violations based on severity and repeat offences. | Up to ₹5 lakh and 7 years’ imprisonment for fatal negligence; daily fines for continued violations. |
HR Implications
HR teams must urgently begin auditing their compliance processes. This includes issuing appointment letters, maintaining digital registers, drafting night shift policies (especially for women), registering on the Shram Suvidha Portal, and ensuring all contract and migrant workers receive experience certificates. Early preparedness will not only mitigate legal risks but also position the organisation as compliant and worker-friendly.
Rules of this Act
The Draft Central Rules under the OSHWC Code were released in November 2020. These rules include detailed processes for:
- Establishment registration (Form-I)
- Contractor licensing (Form-VII)
- Digital filing of annual returns (Form-IX)
- Digital inspection protocols via Inspector-cum-Facilitators
- Requirements for welfare facilities (canteens, crèches, restrooms)
- Mandatory safety committees for large establishments
Health check-up documentation for scheduled industries
State-Specific Rules Table
| State | Status of Draft Rules | Notified | Remarks |
| Maharashtra | Draft Published | ❌ | Awaiting final notification |
| Karnataka | Draft Published | ❌ | Comments under review |
| Tamil Nadu | In Drafting Stage | ❌ | Yet to publish |
| Gujarat | Draft Published | ❌ | Consultation phase ongoing |
| Delhi | Not Published | ❌ | Pending |
You may refer to each state’s official labour department portal for the latest updates.
Forms and Returns
The OSHWC Code mandates the use of standardized digital forms:
- Form-I – Registration of Establishment
- Form-II – Certificate of Registration
- Form-IV – Appointment Letter
- Form-V – Accident Reporting
- Form-VI – Occupational Disease Reporting
- Form-VII – Contractor License Application
- Form-IX – Annual Return
- Form-XI – Employee Master Register
All forms must be submitted via the Shram Suvidha Portal once the Code is in force.
Penalties for Non-Compliance
The OSHWC Code includes a range of penalties depending on the type of violation:
- General non-compliance: Up to ₹1,00,000
- Continued offence: ₹2,000 per day
- Accidents due to negligence: ₹2–5 lakh fine and up to 2 years imprisonment
- Fatal accidents: Up to 7 years imprisonment and ₹5 lakh fine
- Repeat offences: Increased penalties, possible suspension of licenses
Some offences are compoundable, with fines reduced by 50–75% if paid within a specified period.
Recent Updates
- Draft Rules Published: November 2020
- Central Notification: Still awaited
- State Rules: Multiple states have initiated drafts but are awaiting finalization
- Shram Suvidha Portal: Being prepared for single-window compliance
- Women Night Shift Guidelines: Drafted under Central Rules; may be expanded at state level
90-Day Occupational Safety, Health & Working Conditions Code Compliance Roadmap
Phase 1: Foundation & Assessment (Days 1-30)
Week 1-2: Safety Infrastructure Audit
- Physical Safety Assessment
- Conduct comprehensive workplace safety audit
- Review fire safety systems and emergency exits
- Assess ventilation, lighting, and workspace conditions
- Check machinery safety guards and protective equipment
- Health & Medical Facilities Review
- Audit first aid facilities and medical equipment
- Review occupational health monitoring programs
- Assess drinking water and sanitation facilities
- Check canteen facilities and food safety standards
Week 3-4: Documentation & Personnel Review
- Safety Officer & Committee Audit
- Verify safety officer appointments and qualifications
- Review Safety Committee constitution and functioning
- Assess safety training records and certifications
- Check safety policy documentation and communication
- Working Hours & Conditions Analysis
- Review working hour limits and overtime compliance
- Assess rest period and weekly holiday provisions
- Check night shift and women worker protection measures
- Audit leave entitlements and utilization records
Phase 2: Implementation & System Building (Days 31-60)
Week 5-6: Safety Systems Implementation
- Safety Committee & Officer Setup
- Appoint qualified safety officers as per requirements
- Constitute Safety Committee with proper representation
- Conduct safety officer and committee member training
- Establish safety meeting schedules and documentation procedures
- Emergency Preparedness
- Implement fire safety systems and emergency evacuation plans
- Conduct emergency drill programs and training
- Set up accident reporting and investigation procedures
- Create incident analysis and prevention systems
Week 7-8: Health & Welfare Programs
- Occupational Health Implementation
- Establish occupational health monitoring programs
- Implement periodic medical examination schedules
- Set up health record maintenance and confidentiality systems
- Create workplace health risk assessment procedures
- Welfare Facility Enhancement
- Improve washing, bathing, and changing room facilities
- Enhance canteen facilities and food safety standards
- Implement proper drinking water and sanitation systems
- Create rest rooms and shelter facilities for workers
Phase 3: Monitoring & Continuous Improvement (Days 61-90)
Week 9-10: Advanced Safety & Training
- Comprehensive Training Programs
- Conduct safety awareness training for all employees
- Implement job-specific safety training modules
- Create safety leadership training for supervisors
- Establish new employee safety orientation programs
- Risk Management Systems
- Implement workplace risk assessment procedures
- Create hazard identification and reporting systems
- Establish personal protective equipment (PPE) programs
- Develop safety performance monitoring and metrics
Week 11-12: Optimization & Culture Building
- Safety Culture Development
- Create safety recognition and incentive programs
- Implement safety suggestion and improvement systems
- Establish safety communication and awareness campaigns
- Develop safety leadership and accountability frameworks
- Continuous Improvement
- Review safety performance metrics and trends
- Assess training effectiveness and knowledge retention
- Evaluate safety system efficiency and employee satisfaction
- Plan for advanced safety management system implementation
Monthly Ongoing Tasks
- Conduct monthly Safety Committee meetings with proper documentation
- Monitor workplace safety conditions and address immediate hazards
- Review accident and incident reports and implement corrective actions
- Conduct safety training sessions and track completion rates
- Inspect safety equipment and emergency systems functionality
- Monitor working hours and overtime compliance
- Review and update safety policies and procedures as needed
Key Compliance Checkpoints
- Day 15: Safety officer appointed and Safety Committee constituted
- Day 30: Emergency systems and safety infrastructure assessed
- Day 45: All welfare facilities upgraded to compliance standards
- Day 60: Safety training programs launched and health monitoring implemented
- Day 75: Risk management systems operational
- Day 90: Full safety compliance with strong safety culture established
Got questions?
No, it’s passed but not yet enforced. Awaiting central notification.
They’ll be repealed once the Code comes into force, and replaced by the consolidated provisions in the OSHWC Code.
Yes, with written consent and adequate safety measures provided by the employer.
50 or more contract labourers.
Digital. All forms will be submitted through the Shram Suvidha Portal.
