The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code): Complete Simple Guide for Everyone -

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Introduction

The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) is India’s new “single law for workplace safety and conditions”. It replaces 13 old laws such as:

The Factories Act, 1948
The Contract Labour Act, 1970
The Inter-State Migrant Workmen Act, 1979
The Mines Act, 1952
Nine other laws on plantations, motor transport, beedi workers, etc.

The government passed it in September 2020. Most rules started from 2021–2025 depending on state notifications. The aim is simple: one nation, one safety law.

Scope and Objective

Scope: This Code covers almost every workplace in India – factories, mines, plantations, construction sites, shops, transport companies, and even film shooting locations. Main Objectives (in plain words):

Keep workers safe from accidents and diseases
Fix decent working hours and rest
Give extra protection to women, young persons, and migrant workers
Make employers provide clean toilets, canteen, drinking water, and first-aid
Reduce paperwork by merging 13 laws into 1

Key Definitions Explained with Real-Life Examples

Establishment Any place where any industry, trade, business, or work is carried on. Example: A garment factory, a construction site, a Swiggy warehouse, a coal mine, or a newspaper printing press.
Worker Any person (except armed forces) who works for wages or reward. Includes managers earning up to ₹50,000/month. Example: A crane operator, a security guard, a nurse in a private hospital, or a delivery boy – all are “workers”.
Contract Labour Workers supplied by a contractor for the main employer. Example: 200 housekeeping staff supplied by ABC Agency to a five-star hotel.
Inter-State Migrant Worker A worker recruited from one state and brought to work in another state (directly or through contractor). Example: Labourers from Bihar brought by a contractor to build a mall in Gujarat.
Employer The owner or the person who has ultimate control over the establishment. Example: In a factory, the Managing Director is the employer.
Hazardous Process Any work that can cause serious injury or disease (listed in First Schedule). Example:Handling asbestos, chemical mixing, welding in confined spaces.

Salient Features of the OSH Code

The Code has 14 chapters with 143 sections. Here are the standout parts, broken down for clarity.

1. One-Stop Registration and Compliance

Single online registration for all covered setups (valid 5 years).
One annual return instead of multiple filings. Example: A Chennai hotel chain registers once for safety, welfare, and hours—saves time over old separate forms for factories and contract labor.

2. National and State Advisory Boards

Central board advises on standards; states form their own for local advice.
Includes experts, unions, and employers. Example: During COVID-19 waves in 2025, the national board suggested mask rules for all offices, applied nationwide.

3. Duties of Employers for Safety and Health

Keep workplaces hazard-free; provide free gear like helmets or gloves.
Free annual health checks for risky jobs; train workers on dangers.
No charges to workers for safety stuff. Example: In a Hyderabad construction site, the boss supplies harnesses for high-rises and checks workers’ lungs yearly—no cost to them.

4. Working Hours and Overtime Rules

Max 8 hours/day, 48/week; women can work nights with consent.
Overtime at double pay, with worker okay.
Weekly off and holidays. Example: An auto plant in Tamil Nadu runs 9-hour shifts with extra pay consent—workers get Sunday free plus festival breaks.

5. Special Rules for High-Risk Jobs

Factories: Clean air, safe machines, emergency exits.
Mines: Dust control, stable tunnels.
Construction: Safe scaffolds, no child labor. Example: A Rajasthan mine installs fans to cut silica dust; workers get breathing tests every 6 months.

6. Welfare Facilities

Canteens (50+ workers), first-aid, creches (50+ women), drinking water.
Restrooms and shelters. Example: A Mumbai garment factory with 100 women sets up a creche for kids under 6—mothers work worry-free.

7. Rights of Workers

Form safety committees (in 500+ worker spots).
Report hazards without fear; get info on risks.
Migrant workers: Travel allowance, equal pay. Example: Bihar migrants in Punjab factories get bus fare home yearly and same wages as locals.

8. Contract and Inter-State Migrant Workers

Contractors need licenses (50+ workers).
Principal employer ensures their safety. Example: A Delhi builder hires 60 from UP via contractor—must provide same toilets and masks as regular staff.

9. Penalties and Enforcement

Fines up to ₹3 lakh for hazards; jail for repeats.
Inspectors can seal unsafe sites. Example: A 2025 Kolkata factory fined ₹2 lakh for faulty wiring after a minor fire—fixed it quick to reopen.

Applicability of the Law

The Code applies to EVERY establishment that employs 10 or more workers (with power) or 20 or more workers (without power). Special rules for:

Factories (any size if manufacturing)
Mines
Construction projects above ₹10 lakh value
Motor transport undertakings
Beedi and cine workers

Even a small tea estate with 15 workers must follow basic safety and welfare rules.

Important Provisions of the OSH Code, 2020 (Explained Simply)

1. Duties of Employer (Section 6 – Very Important)

Every employer must:

Provide a safe workplace free from hazards
Give free annual health check-ups (for workers above a certain age or in hazardous jobs)
Inform workers about dangers and safety steps
Appoint a Safety Officer in factories with 500+ workers or hazardous processes
Form a Safety Committee (50% worker members) in factories with 250+ workers

Real Example: A chemical plant in Ankleshwar must give free medical tests every year and train workers on handling acid spills.

2. Working Hours and Leave (Section 25–34)

Maximum 8 hours a day, 48 hours a week
Spread-over (including rest) maximum 10.5 hours (12 hours with government approval)
Overtime only with worker consent – double the normal wage
Weekly holiday compulsory
Annual leave with wages after 240 days of work

Real Example: A call centre in Noida cannot force agents to work 12 hours daily without written consent and double pay.

3. Special Protection for Women

Women can work night shifts (after 7 PM – before 6 AM) only if: → Consent is taken → Safe transport is provided → Enough women workers in the shift
No woman in dangerous jobs like underground mines

Real Example: An IT company in Hyderabad running 24×7 shifts provides cab + security guard for female employees after 8 PM.

4. Contract Labour Rules

Contractor must give canteen if 100+ contract workers (earlier 250)
Separate washrooms and crèche
Main employer is responsible if contractor fails

Real Example: In a Delhi metro construction site with 400 contract workers, the main builder must build toilets and a crèche even if the contractor does not.

5. Inter-State Migrant Workers – Big New Protection

Every migrant worker gets:

₹5,000 journey allowance (once a year)
Toll-free helpline number
Displacement allowance if laid off
Database of all migrant workers

Real Example: A contractor bringing 150 workers from Odisha to Kerala must pay ₹5,000 travel money and register them online.

6. Welfare Facilities (Canteen, Crèche, Washing, First-Aid)

Canteen → 100+ workers (earlier 250)
Crèche → 50+ workers (earlier only factories with 30+ women)
Rest rooms, drinking water, separate toilets for men and women

Real Example: A garment factory in Tirupur with 120 women workers must open a crèche with trained attendant by 2026.

7. Safety Standards and Permissions

Factories with hazardous processes need prior safety audit
Construction projects above ₹50 crore need safety committee
Audio-visual workers (film shooting) get insurance and health check-ups

Real Example: A Bollywood shooting team in Ladakh must provide oxygen cylinders and medical insurance to all crew members.

8. Inspector-cum-Facilitator (New Friendly Name)

Old “Inspector” is now “Inspector-cum-Facilitator”
They guide employers instead of only punishing
Web-based random inspections (less harassment)

9. Penalties – Much Higher Now

Causing death by negligence → up to 5 years jail + ₹5 lakh fine
General violations → ₹2–3 lakh fine
Repeat offence → double penalty + possible jail

Real Example: If a factory in Kanpur does not provide safety helmets and a worker dies, the owner can go to jail for 5 years.

10. Free Annual Health Check-up

Workers above 45 years or in hazardous jobs get free yearly medical tests. Cost paid by employer.

Key Suggestions for Improvement of the OSH Code

The OSH Code is a strong start, but experts and unions point to gaps. Here are practical ideas to make it better, based on 2025 reviews.

Boost Enforcement with More Resources
- Hire 50% more inspectors nationwide; use apps for quick checks.
- Why? Only 18 states had full rules by late 2025—delays hurt small firms. Real Fix: Train 10,000 new officers yearly, like post-GST push.
Include Mental Health Protections
- Add duties for stress checks, counseling in high-pressure jobs like IT or content moderation.
- Why? Code ignores burnout; 2025 studies show 40% gig workers face anxiety. Real Fix: Mandate “mental first-aid” kits, like EU laws.
Cover More Workers—Lower the 10-Worker Threshold
- Apply basics to setups with 5+ workers; include farms and homes.
- Why? Excludes 60% informal sector, per ILO 2025 report. Real Fix: Phase-in for tiny shops, with subsidies for compliance.
Fix Aadhaar and Privacy Issues
- Drop mandatory Aadhaar for health records unless tied to government aid.
- Why? Violates Supreme Court privacy ruling; scares migrants. Real Fix: Use optional IDs, like voter cards.
Strengthen Penalties and Worker Voice
- Triple fines for repeats; let workers appeal directly to boards.
- Why? Weak enforcement lets big firms off easy—2025 accidents up 15% in mines. Real Fix: Add whistleblower rewards, up to ₹50,000.
Targeted Training and Tech Integration
- Free online safety courses; AI for hazard alerts in factories.
- Why? Rural workers miss training; code lacks digital tools. Real Fix: Partner with apps like Duolingo-style for labor skills.
Better for Women and Migrants
- Night shifts with transport; equal creches everywhere.
- Why? Gender gaps persist—women migrants face harassment. Real Fix: 2026 amendment for safe hostels, like in Kerala model.

Summary in One Line

The OSH Code, 2020, simplifies safety rules and boosts worker welfare since its 2025 rollout, but adding enforcement muscle, mental health focus, and wider coverage would make it a true game-changer for India’s 500 million workers.

This guide helps employers comply, workers know rights, and students ace exams—share your thoughts below!

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