Occupational Safety, Health and Working Conditions Code, 2020

⚠️ This resource is for educational purposes only and does not constitute legal advice. For legal matters, consult a qualified legal professional.

🏛️ What is the OSH Code, 2020?

The Occupational Safety, Health and Working Conditions Code, 2020 is a landmark legislation that merges 13 old laws into one single, comprehensive code. It was enacted to simplify, modernise and strengthen the protection of workers' safety, health and working conditions across India.

Imagine earlier there were 13 different rule books for workers in different industries — one for factories, one for mines, one for construction workers, etc. The OSH Code 2020 merged all these into ONE big rule book, making it easier for employers to follow and workers to claim rights.

📋 Laws Repealed (13 Acts Replaced)

The Factories Act, 1948
The Plantations Labour Act, 1951
The Mines Act, 1952
The Working Journalists Act, 1955
The Working Journalists (Wages) Act, 1958
The Motor Transport Workers Act, 1961
The Beedi and Cigar Workers Act, 1966
The Contract Labour Act, 1970
The Sales Promotion Employees Act, 1976
The Inter-State Migrant Workmen Act, 1979
The Cine-Workers Act, 1981
The Dock Workers Act, 1986
The Building & Other Construction Workers Act, 1996

📊 Structure at a Glance

Chapter	Subject	Key Sections	Applicability
I	Preliminary / Definitions	1–2	All Establishments
II	Registration	3–5	All Establishments
III	Duties of Employer & Employee	6–15	All Establishments
IV	Occupational Safety & Health	16–22	All + Factories/Mines
V	Health, Safety & Working Conditions	23	All Establishments
VI	Welfare Provisions	24	All Establishments
VII	Hours of Work & Annual Leave	25–32	All Workers
VIII	Registers, Records & Returns	33	All Establishments
IX	Inspector-cum-Facilitators	34–44	All Establishments
X	Women Employment	43–44	All Establishments
XI	Special Provisions	45–77	Contract/Migrant/AV/Mines
XII	Offences & Penalties	94–114	All Establishments
XIII	Social Security Fund	115	Unorganised Workers
XIV	Miscellaneous	116–143	General

🎯 Main Objectives

Consolidate 13 separate labour laws into ONE code
Ensure safe and healthy workplaces for all workers
Simplify compliance for employers
Introduce digital/electronic registration & inspection
Protect contract labour, migrant workers & women
Set up National & State Safety Advisory Boards

🏢 Who Does It Apply To?

Factories with 20+ workers (with power) or 40+ (without power)
Mines, Ports and Dock areas
Plantations of 5 hectares or more
Building/Construction work sites
Motor transport, newspaper, audio-visual production units
Establishments with 10+ workers in most categories
Beedi & Cigar industrial premises

📖 Chapter I — Preliminary (Sections 1–2)

This chapter introduces the law — its name, when it starts, where it applies, and importantly, defines all the key words used throughout the Code.

Section 1 Short Title, Commencement & Application

Name: Officially called "The Occupational Safety, Health and Working Conditions Code, 2020"
Commencement: The Central Government decides the date via gazette notification. Different dates can apply for different provisions.
Does NOT apply to: Central Government offices, State Government offices, or warships of any nationality.
EXCEPTION: Contract labour working in government offices IS covered — the Government is then the Principal Employer.

The Central Secretariat (Government Office) itself is not covered. But if a cleaning contractor brings 20 workers to clean that office, those contract workers ARE protected under this Code.

Section 2 Key Definitions Explained Simply

👤 Persons & Workers

Term	Simple Meaning	Example
Adolescent	As per Child Labour Act, 1986 — basically a person below 18 years	A 16-year-old apprentice
Adult	Person who has completed 18 years	A 20-year-old factory worker
Worker	Any person doing manual/skilled/technical/clerical work for wages	A machine operator in a factory
Employee	Broader term including managerial/administrative staff employed for wages	An HR manager in a company
Employer	Person/authority who employs one or more employees	Factory owner, mine owner, government department head
Contract Labour	Worker hired through a contractor for a principal employer's work	Security guard hired via ABC Security agency for XYZ Factory
Inter-State Migrant Worker	A person recruited in one State and working in another, earning ≤ ₹18,000/month	Worker from Bihar employed in a Gujarat factory
Audio-Visual Worker	Actor, singer, dancer, news reader, cameraman etc. in film/TV/digital content	An actor in a Bollywood film earning per-project

🏭 Types of Establishments

Type	Definition	Worker Threshold
Establishment (General)	Any place where industry/trade/business is carried on	10+ workers
Factory (with power)	Premises where manufacturing process runs with power aid	20+ workers on any day in 12 months
Factory (without power)	Manufacturing without power	40+ workers
Mine	Any excavation for minerals — includes oil wells, shafts, open-cast workings	No threshold — all mines
Plantation	Land for tea, coffee, rubber, cinchona, cardamom etc.	5+ hectares
Building/Construction Work	Roads, railways, bridges, dams, power lines, tunnels etc.	10+ workers

⚙️ Other Important Definitions

Wages: Basic pay + DA + Retaining Allowance. Excludes HRA, bonus, gratuity, overtime, travelling allowance.
Hazardous Process: Industrial activity (listed in First Schedule) that can damage health or pollute environment.
Core Activity: The main business activity of an establishment. Support services (security, canteen, cleaning, transport) are NOT core activities.
Appropriate Government: Central Govt for railways, mines, oil fields, telecom, banks, CPSUs etc. State Govt for factories, plantations, newspapers etc.
Working Journalist: Editor, reporter, photographer, cartoonist etc. working in newspaper/electronic/digital media.
Principal Employer: The factory owner/occupier or head of department who ultimately controls the establishment where contract labour works.

Wages = ₹15,000 basic + ₹3,000 DA = ₹18,000 (WAGES). HRA of ₹5,000 is NOT counted in wages. But if total "excluded allowances" exceed 50% of total remuneration, the excess is treated as wages.

📝 Chapter II — Registration of Establishments (Sections 3–5)

Every establishment must register itself with the government before starting operations. This chapter explains how to register, what happens if you don't, and what to do when closing down.

Section 3 Registration Process

Who must register? Every employer to whom this Code applies, within 60 days of the Code becoming applicable.
How to apply? Electronically (online) to the Registering Officer appointed by the Appropriate Government.
What info is needed? Details of establishment, number of workers including inter-state migrant workers, and fees.
Auto-Registration: If the Registering Officer fails to register within the prescribed period — registration is automatically deemed granted!
Changes in management/ownership: Must be intimated electronically within 30 days of the change.
Closing an establishment: Within 30 days of closing, employer must inform the officer AND certify all worker dues are paid. Certificate cancelled within 60 days.

A factory owner opens a new textile factory on 1st January. By 1st March (within 60 days), they must apply online for registration. If the officer does nothing within the prescribed period — the factory is automatically registered!

Revocation of Registration

If registration obtained by misrepresentation → Prosecution under Section 94, but establishment can still run.
If registration became fraudulently useless → Officer can revoke after giving employer a hearing. Process completed within 60 days.

🚫 Prohibition Without Registration

No employer can employ ANY worker if registration has not been done, or if registration was cancelled and no appeal was filed (or appeal was dismissed).

Section 4 Appeal Against Registration Orders

Any person aggrieved by a Section 3 order can appeal within 30 days to the Appellate Officer.
Appellate Officer shall hear and decide the appeal within 30 days of receipt.
Appellate Officer can condone delay if sufficient cause shown.

If a Registering Officer wrongfully cancels your establishment's registration, you can appeal to the Appellate Officer within 30 days, who must decide within 30 days of your appeal.

Section 5 Notice Before Commencement of Operations

Applies specifically to: Factories, Mines, Contract Labour establishments, and Building/Construction work.
Employer MUST send notice electronically before starting operations to the prescribed authority.
Also must intimate cessation (stopping) of operations.

Before a construction company starts building a bridge using 100 contract workers, it must send an advance electronic notice to the Inspector-cum-Facilitator. On completion, it must also notify that the work has stopped.

📊 Registration Requirements Summary

Activity	Deadline	Mode
New Registration	60 days from applicability	Electronic
Change in ownership/management	30 days from change	Electronic
Intimation of closing	30 days from closing	To Registering Officer
Cancellation of Registration Certificate	60 days from intimation	By Registering Officer
Appeal against order	30 days from order	To Appellate Officer
Commencement Notice (Factories/Mines)	Before starting	Electronic

🧑‍💼 Chapter III — Duties of Employers, Employees & Others (Sections 6–15)

This is the heart of the Code. It lays down clear duties for employers, employees, architects, designers, mine owners and others — to ensure every workplace is safe and healthy.

Section 6 Duties of the Employer

Sub-section (1) — General Duties

Ensure the workplace is FREE from hazards likely to cause injury or occupational disease.
Comply with all occupational safety & health standards declared under this Code.
Provide FREE annual health examination to employees of the specified age/category.
Maintain a working environment that is safe and without health risks — as far as reasonably practicable.
Ensure proper disposal of hazardous/toxic waste including e-waste.
Issue a Letter of Appointment to every employee (those without one must receive it within 3 months of the Code's commencement).
NEVER charge the employee for safety measures, medical exams or occupational disease detection.
Be responsible for safety of ALL persons on the work premises (even those present without employer's direct knowledge).

Sub-section (2) — Specific Duties for Factories, Mines, Docks, Construction & Plantations

Maintain plant and work systems that are safe and without health risks.
Ensure safe handling, storage and transport of articles and substances.
Provide information, training and supervision for health and safety.
Maintain all workplaces in a safe condition with proper access and exit routes.
Provide a working environment with adequate welfare facilities.

A chemical factory owner must: (1) give all workers free annual health checkups, (2) provide safety gear at no cost, (3) give appointment letters to all workers, and (4) ensure safe storage of chemicals. If a delivery person comes into the factory compound and is injured, the employer is still responsible!

Section 7 Duties of Mine Owner, Agent & Manager

Owner AND agent are jointly and severally responsible for financial provisions and compliance.
Any violation by any person in the mine — the supervision official, manager, owner, and appointed agent are ALL deemed guilty — unless they can prove they used due diligence.
It's NO DEFENCE to say "I had appointed a proper manager" — the owner/agent remains liable.

If a miner is injured due to improper shaft lighting, the mine manager, the supervisory officer, AND the mine owner can all be prosecuted — unless each one can individually prove they took all reasonable steps to prevent the incident.

Section 8 Duties of Designers, Manufacturers, Importers & Suppliers

Any article designed/manufactured for workplace use must be safe and without health risks when properly used.
Must conduct necessary tests and examinations on the article.
Must provide adequate information about the article's use, design and safe-use conditions.
Imported articles: Must conform to Indian standards, or if foreign standards are higher, to those foreign standards.
Research obligation: Must carry out or arrange research to discover and minimise risks from design or manufacturing.

A company imports industrial cranes from Germany. The importer must ensure the cranes meet Indian safety standards — and if German standards are stricter, the cranes must meet the German standards too.

Section 9 Duties of Architect, Project Engineer & Designer

At the PLANNING STAGE itself, safety of building workers must be considered.
Must NOT include any design that uses dangerous structures, processes or materials.
Must also consider safety during MAINTENANCE and UPKEEP of the structure after completion.

An architect designing a high-rise office must ensure: (a) safe scaffolding systems during construction, (b) no design requiring workers to work in dangerously precarious positions, and (c) safe access points for future maintenance teams cleaning the glass exterior.

Sections 10–12 Notices of Accidents, Dangerous Occurrences & Diseases

Section	Event	Who Must Notify?	When?
10	Accident causing death OR injury preventing work for 48+ hours	Employer/Owner/Manager depending on type of establishment	Within prescribed time to prescribed authority
11	Dangerous occurrence (even without injury)	Employer	Prescribed time & form
12	Worker contracts notifiable occupational disease (Third Schedule)	Employer + Medical Practitioner	Prescribed time & form

⚠️ If a medical practitioner fails to report a notifiable occupational disease to the Chief Inspector-cum-Facilitator, they face a penalty of up to ₹10,000!

A worker in a lead battery factory develops lead poisoning (listed in Third Schedule). Both the factory employer AND the treating doctor must separately report this to the Chief Inspector-cum-Facilitator.

Section 13 Duties of Employees

Take reasonable care for their OWN health and safety AND that of others affected by their acts.
Comply with all occupational safety and health standards.
Co-operate with the employer to meet statutory safety obligations.
Report any unsafe or unhealthy situation immediately to employer, safety officer or Inspector-cum-Facilitator.
NEVER wilfully interfere with, misuse or neglect any safety appliance or equipment.
NEVER wilfully or recklessly do anything likely to endanger themselves or others.

A worker notices a cracked safety barrier near a chemical vat. They must immediately report this to the supervisor. They cannot ignore it or remove it, as that would make the worker also liable.

Sections 14–15 Rights of Employees & Duty Not to Interfere

Section 14: Every employee has the RIGHT to get health and safety information from the employer. Can represent through Safety Committee. If imminent danger to life/health is seen, can report to Safety Committee AND Inspector-cum-Facilitator simultaneously.
Employer MUST take immediate remedial action or refer to Inspector-cum-Facilitator, whose decision is FINAL.
Section 15: No person (even non-employee) can intentionally or recklessly interfere with, damage or misuse any safety/health/welfare device provided under this Code.

If a worker sees a gas leak and fears an explosion (imminent danger), they can directly approach the Safety Committee AND the Inspector-cum-Facilitator at the same time — without waiting for the employer's response.

🛡️ Chapter IV — Occupational Safety & Health (Sections 16–22)

This chapter establishes the governance structure for occupational safety — including advisory boards at national and state levels, safety standards, surveys and safety committees.

Section 16 National OSH Advisory Board (NOSHAB)

The Central Government constitutes the National Occupational Safety and Health Advisory Board to advise on standards, implementation and policy.

Composition

Member	Role
Secretary, Ministry of Labour & Employment	Chairperson (ex-officio)
DG, Factory Advice Service & Labour Institutes, Mumbai	Member (ex-officio)
DG, Mines Safety, Dhanbad	Member (ex-officio)
Chief Controller of Explosives, Nagpur	Member (ex-officio)
Chairman, Central Pollution Control Board	Member (ex-officio)
4 State Principal Secretaries (by rotation)	Member (ex-officio)
5 Employer Representatives	Member
5 Employee Representatives	Member
5 Eminent Persons in OSH	Member
Joint Secretary, Ministry of Labour	Member-Secretary (ex-officio)

Term of nominated members (states, employers, employees, eminent persons): 3 years.

Think of NOSHAB as the "Supreme OSH Council" of India. It advises the Central Government on what safety rules to make, how to implement them, and any national-level OSH policy issues.

Section 17 State OSH Advisory Board

Each State Government must constitute its own State OSH Advisory Board.
Advises the State Government on matters arising from the administration of this Code.
State can also form technical/advisory committees and site appraisal committees.

Maharashtra's State OSH Advisory Board advises the Maharashtra Government on specific safety issues in factories located in Maharashtra — like Pune's auto parts industries or Mumbai's port operations.

Section 18 Occupational Safety & Health Standards

The Central Government declares (by notification) the occupational safety and health standards for workplaces. These standards cover:

Physical, chemical, biological and other hazards to ensure no material impairment of employee health.
Norms for appraising hazards, relevant symptoms, safe exposure conditions.
Monitoring methods for measuring employee exposure to hazards.
Medical examination criteria and occupational disease detection/reporting standards.
Safety audit procedures: hazard & operability study, fault-tree analysis, event-tree analysis.
Standards specifically for mines, factories, construction, beedi/cigar, dock work.

The Central Government may declare: "No worker in a lead smelting plant shall be exposed to more than X micrograms of lead per cubic meter of air per day." The employer must install air monitoring systems and medical testing accordingly.

Sections 20–21 Safety Surveys & Statistics

Section 20: Chief Inspector-cum-Facilitator (or authorised officer) can conduct safety & health surveys of factories/mines/establishments during working hours (or any other time). Employer must cooperate fully. Workers must submit to medical exams if required.
Time spent by worker for medical examination during survey = WORKING HOURS for wage purposes.
Section 21: Central and State Governments must collect, compile and analyse OSH statistics. Must also maintain a digital portal/database for inter-state migrant workers. Migrant workers can self-register on this portal using Aadhaar.

Section 22 Safety Committee & Safety Officers

Safety Committee

Appropriate Government can require any establishment to form a Safety Committee.
Worker representatives on the committee CANNOT be less than employer representatives.

Mandatory Appointment of Safety Officers

Type of Establishment	Threshold
Factory (general)	500 or more workers ordinarily employed
Factory (hazardous process)	250 or more workers
Building/Construction work	250 or more workers
Mine	100 or more workers

A large tyre manufacturing factory (hazardous process) with 300 workers must appoint at least one qualified Safety Officer — whose qualifications and duties are prescribed by the Appropriate Government.

🏥 Chapter V — Health, Safety & Working Conditions (Section 23)

This chapter mandates the physical conditions that every employer must maintain at the workplace for the health and safety of all employees. Think of it as the "physical environment" standards.

Section 23 Responsibility of Employer for Health, Safety & Working Conditions

The Central Government prescribes specific requirements which every employer must provide. These include:

Cleanliness & Hygiene: Workplace must be clean and hygienic at all times.
Ventilation & Temperature: Adequate ventilation, proper room temperature maintained.
Dust & Fumes: Workplace must be free from dust, noxious gas, fumes and other impurities.
Drinking Water: Potable drinking water must be provided to all workers.
Space: Adequate standards to prevent overcrowding — sufficient space per worker.

Lighting: Adequate and proper lighting in all work areas.
Separate Toilets: Separate latrine and urinal facilities for male, female AND transgender employees — hygienically maintained.
Waste Treatment: Effective arrangements for treatment of wastes and effluents.
Humidity Control: Adequate humidification and air-cooling systems in workrooms.

A garment factory employing 200 workers must provide: (1) separate clean toilets for women, men and transgender workers, (2) clean drinking water, (3) dust-free sewing area, (4) proper lighting over every workstation, (5) adequate room temperature especially in summer. Failure to provide these is punishable.

Requirement	Why It Matters	Consequence If Missing
Potable Drinking Water	Prevents waterborne diseases	Fine under Section 94 (min ₹2 lakh)
Adequate Ventilation	Prevents heat stroke, fatigue, respiratory illness	Inspector can issue prohibition notice
Separate Toilets	Dignity, hygiene, gender safety	Penalty + media attention, compliance order
Lighting	Prevents accidents, eye strain	Stop-work order possible
No Overcrowding	Fire safety, mental health, COVID etc.	Prosecution of occupier

🌟 Chapter VI — Welfare Provisions (Section 24)

Welfare goes beyond mere safety — it includes the amenities and facilities that make the workplace humane and dignified for workers. Employer must provide and maintain welfare facilities as prescribed by the Central Government.

Section 24(1) Mandatory Welfare Facilities

Washing Facilities: Adequate and separate washing facilities for male and female employees.
Bathing Places & Locker Rooms: Separate for male, female and transgender employees.
Clothing Storage: Place to keep clothing not worn during work hours, and facilities to dry wet clothing.
Sitting Arrangements: For employees who work in a standing position — rest seats must be provided.
Canteen: In establishments with 100 or more workers (including contract labourers), a canteen must be provided.
Mine Medical Examination: Medical examination of mine employees before employment AND at regular intervals thereafter.
First-Aid Boxes: Adequate first-aid boxes readily accessible during all working hours.

A textile mill with 150 workers must: (a) run a canteen on-site, (b) maintain a first-aid box on every floor, (c) provide separate changing rooms for male and female workers, and (d) ensure sitting spots near standing workstations for workers to rest their feet.

Section 24(2) Additional Welfare Facilities (Prescribed)

Ambulance Room: In factories/mines/construction sites with 500+ workers — full ambulance room required.
Motor Transport Workers: Medical facilities at operating centres, uniforms and raincoats for protection.
Rest Rooms/Shelter: Separate for male, female and transgender in factories/mines with 50+ workers.
Welfare Officer: Mandatory in factories, mines or plantations with 250 or more workers.
Temporary Living Accommodation: Employer in building/construction work must provide free temporary accommodation to all building workers within/near the work site.
Lunch Room: Provided in motor transport undertakings where worker must halt at night.

Section 24(3) Crèche Facilities

Establishments with 50+ workers must provide crèche (child care room) for children under 6 years of worker-mothers.
Crèche must be at a suitable and accessible location.
Alternative: Establishment can use a COMMON crèche run by Central Govt, State Govt, Municipality, NGO, or private entity.
Multiple establishments can also POOL RESOURCES together to set up a common crèche.

Three garment factories near Tiruppur, each with 40 workers, can pool resources and set up ONE common crèche for all their female workers' children — instead of each having to set up their own.

Welfare Facility	Applicable When	For Whom
Canteen	100+ workers	All workers incl. contract
Ambulance Room	500+ workers	All workers
Welfare Officer	250+ workers	All workers
Crèche	50+ workers	Children under 6 of workers
Rest Rooms/Shelter	50+ workers	Male, Female, Transgender separately
First Aid Box	All establishments	All workers
Washing/Bathing Facilities	All establishments	Male, Female, Transgender separately

⏰ Chapter VII — Hours of Work & Annual Leave (Sections 25–32)

This chapter regulates how many hours a worker can work, when they get rest, overtime pay, and how annual leave with wages works.

Section 25 Daily & Weekly Working Hours

No worker shall work more than 8 hours per day in any establishment.
The work periods in a day must be fixed with proper intervals and spread overs as notified by the Appropriate Government.
Mines (underground): Central Government notifies maximum hours for below-ground workers. Work only allowed in SHIFTS.
Working Journalists: Maximum 144 hours in any 4 consecutive weeks, with at least 24 consecutive hours of rest in every 7-day period.
Adolescent workers: Hours regulated by Child & Adolescent Labour Act, 1986 — stricter limits apply.

Rahul works in a garment factory. His shift is 9 AM to 5:30 PM with a 30-minute lunch break — that is exactly 8 hours of work. His employer cannot legally make him work a 9-hour shift regularly without paying overtime.

Section 26 Weekly Holidays

No worker shall work more than 6 days in a week — they are entitled to one weekly holiday.
Motor Transport Exception: A worker may be required to work on the weekly holiday in exceptional circumstances (to prevent service dislocation), but shall not work 10 days consecutively without an intervening whole-day holiday.
Compensatory Holidays: If weekly holiday is denied due to an exemption order, the worker must get equal compensatory holidays within the same month or the next 2 months.

A bus driver is asked to work during a Diwali holiday due to a special government service requirement. The bus company MUST give him a compensatory day off within the next 2 months — it cannot just say "thank you and pay."

Section 27 Overtime Wages

💰 Workers who work beyond prescribed daily/weekly hours are entitled to DOUBLE WAGES (2x normal rate) for overtime work. The period of overtime is calculated on DAILY or WEEKLY basis — whichever is more favourable to the worker.

Worker's consent is required for overtime work.
Appropriate Government can prescribe the maximum total overtime hours allowed.

Priya's daily wage is ₹500 (for 8 hours). If her employer makes her work 10 hours in a day, the extra 2 hours = ₹125/hour × 2 = ₹250 overtime pay (instead of normal ₹125/hour). But only if Priya consented to work overtime!

Sections 28–31 Night Shifts, Shift Restrictions & Notice

Section 28 — Night Shift: If a shift extends beyond midnight, the next "day" begins when that shift ends. The hours worked after midnight count towards the previous day.
Section 29 — No Overlapping Shifts: Except in mines, no establishment can run overlapping shifts where more than one relay of workers does the SAME work simultaneously.
Section 30 — Double Employment: A worker cannot be required/allowed to work in a mine or factory if they have already worked in any similar establishment within the preceding 12 hours.
Section 31 — Notice of Work Periods: Every establishment must display a NOTICE showing clearly the work periods for each day. Any changes in the work system must be notified to the Inspector-cum-Facilitator at least 1 week in advance (except with their prior sanction).

If Raju finishes a 12-hour night shift at 6 AM at factory A, factory B cannot legally employ him until 6 PM that same day (after 12 hours of rest). This prevents dangerous fatigue-related accidents.

Section 32 Annual Leave with Wages

Eligibility & Calculation

Eligibility: Must have worked 180 days or more in the calendar year.
General worker: 1 day leave for every 20 days worked.
Adolescent worker: 1 day leave for every 15 days worked.
Mine worker (underground): 1 day leave for every 15 days worked.

Key Rules

Layoff periods, maternity leave and annual leave count towards the 180-day threshold — but no new leave accrues during those periods.
Leave not taken in one year can be carried forward — maximum 30 days carry-forward.
If leave was applied for but refused by employer — no limit on carry-forward!
Worker can demand encashment of leave (in cash) at the end of calendar year.
On discharge, dismissal, retirement or death — worker/heirs entitled to payment for all outstanding leave.

Suresh worked 200 days in 2025 at a factory. He earns 200÷20 = 10 days of paid leave. He only took 5 days. The remaining 5 days carry forward to 2026. He can also ask for cash in lieu of those 5 days at year end.

Category of Worker	Leave Entitlement	Min Eligibility
General Worker	1 day per 20 days worked	180 days in calendar year
Adolescent Worker	1 day per 15 days worked	180 days in calendar year
Underground Mine Worker	1 day per 15 days worked	180 days in calendar year
Sales Promotion Employee	1/11th of period on duty (Earned Leave)	As prescribed
Working Journalist	1/11th of duty period (Earned Leave)	As prescribed

📂 Chapter VIII — Registers, Records & Returns (Section 33)

An employer must keep proper records of all workers and their employment details. This ensures transparency and protects both workers' rights and employer accountability.

Section 33 Employer's Record-Keeping Obligations

Every employer MUST maintain the following:

📋 Register Contents (in prescribed form, electronic or physical)

Work performed by each worker
Number of hours constituting normal working day
Day of rest allowed in every 7-day period
Wages paid and receipts given
Leave taken, leave wages, overtime worked, attendance records
Dangerous occurrences
Employment of adolescents

📌 Other Obligations

Display Notices: Notices at the workplace in the prescribed manner and form
Wage Slips: Issue wage slips to workers — electronically or in physical form
File Returns: File returns electronically (or otherwise) to the Inspector-cum-Facilitator within prescribed periods

A construction company employing 200 workers must maintain a register showing: each worker's daily attendance, wages paid, overtime, any hazardous incidents, and adolescent worker (below 18) details. This register can be maintained electronically. Failure to maintain it attracts a fine of minimum ₹50,000.

✅ The Code encourages DIGITAL record-keeping: registers, wage slips, returns and notices can all be maintained/filed electronically — making compliance simpler for employers.

Document	Must Contain	Mode
Register of Workers	Work, hours, wages, leave, overtime, attendance	Electronic or Physical
Notices	Work periods, safety info, welfare info	Displayed at workplace
Wage Slips	Earnings and deductions breakdown	Electronic or Physical
Returns	Summary of employment data	Electronic filing to Inspector

🔍 Chapter IX — Inspector-cum-Facilitators (Sections 34–44)

This chapter establishes the inspection machinery — the officials who ensure compliance with the Code. Unlike the old "Inspector" role (which was seen as authoritarian), this Code redesigns them as "Inspector-cum-Facilitators" — both enforcers AND helpers.

Section 34 Appointment of Inspectors

Appropriate Government appoints Inspector-cum-Facilitators by notification for specified jurisdictions.
A Chief Inspector-cum-Facilitator can be appointed for a State, multiple States or the whole of India.
Additional, Joint and Deputy Chief Inspector-cum-Facilitators can also be appointed.
Digital Inspection Scheme: Appropriate Government can set up a WEB-BASED inspection system with randomised selection of establishments and inspectors to prevent bias and corruption.
Each inspection gets a unique number; reports uploaded timely online.
No Inspector can have any financial interest in any workplace or business they inspect.

Instead of an inspector randomly visiting factories (which could allow corruption), the government sets up an algorithm that randomly selects which factory gets inspected and which inspector does the inspection. Both parties don't know in advance — reducing bribery opportunities!

Section 35 Powers of Inspector-cum-Facilitators

What an Inspector CAN Do:

Enter any workplace (with assistance if needed) that is used or believed to be used as a workplace.
Inspect premises, plant, machinery, articles and relevant materials.
Inquire into accidents or dangerous occurrences and record statements of persons.
Require production of any register or document.
Search, seize, or copy any register/record relevant to an offence.
Take measurements, photographs, videographs.
Take samples of articles, substances or air at or near the establishment.
Direct an article/substance that appears to cause danger to be dismantled or tested.
Issue show-cause notices for safety/health/welfare violations.
Prosecute, conduct or defend court proceedings under this Code.
Supply information and SENSITISE employers and workers about compliance — the "facilitator" role!

An Inspector visits a chemical factory unannounced (after due notice). They find workers not wearing protective masks near toxic fume areas. The Inspector can: (1) take air samples, (2) direct the dangerous chemical storage to be tested, (3) issue a show-cause notice to the employer, AND (4) educate workers about their rights and employer about compliance requirements.

Section 38 Special Powers in Factories, Mines & Dock Work

For Factories:

If factory conditions may cause SERIOUS HAZARD or IMMINENT DANGER — Inspector can issue a PROHIBITION ORDER stopping all work (except minimum necessary staff).
Such order lasts 3 days unless extended by Chief Inspector-cum-Facilitator.
Affected workers entitled to wages and benefits during prohibition; employer must offer alternative employment if possible.
Aggrieved person can appeal to the High Court.

For Mines:

If any aspect of the mine is dangerous, Inspector can give written notice to remedy the issue within a specified time.
If employer fails to comply, Inspector can prohibit employment in the mine.
Workers prevented from working are entitled to full wages.
In URGENT/IMMEDIATE danger — Inspector can immediately prohibit employment without waiting for a notice period.

A tunnel in a coal mine shows signs of collapse. The Inspector visits and immediately issues an URGENT prohibition order banning all workers from entering that section. The 80 miners affected continue to receive full wages while the danger is assessed and remedied.

Section 39 Secrecy Obligations of Inspectors

All information obtained by Inspector-cum-Facilitators during inspections is CONFIDENTIAL.
Cannot be disclosed to any person while in service OR after leaving service — unless necessary for worker health/safety/welfare.
Crucially: Inspector CANNOT reveal the SOURCE of a complaint to the employer — even if they inspect based on that complaint!
Even the Right to Information Act does NOT override this complaint-source confidentiality.

A worker anonymously complains about chemical exposure in a paint factory. The Inspector inspects the factory based on this tip. Even if the employer directly asks "Who complained?", the Inspector is legally FORBIDDEN to reveal the worker's identity — protecting the whistleblower.

Section 42 Medical Officers

Appropriate Government appoints qualified medical practitioners as Medical Officers for factories, mines, plantations, motor transport and other establishments.
Medical Officers must disclose any interest in the concerned establishment before taking office.
Duties include: examining workers in dangerous occupations/processes, medical supervision where illness has occurred, certifying adolescents' fitness for employment.

👩 Chapters X & XI — Women, Contract Labour, Migrants, Audio-Visual Workers, Mines (Sections 43–77)

Chapter X — Employment of Women (Sections 43–44)

Section 43 Right to Work

Women are entitled to be employed in ALL establishments for ALL types of work under this Code.
Women can work BEFORE 6 AM and AFTER 7 PM — but only with their own consent and subject to conditions prescribed by the Appropriate Government regarding safety, holidays and working hours.

A woman IT professional can work a night shift (12 AM – 8 AM) at a tech company — if she consents and the employer provides prescribed safety measures (like safe transport, lit premises, security guards etc.).

Section 44 Safety in Dangerous Operations

Where the Appropriate Government finds that women's employment is dangerous in certain processes/establishments — it can require the employer to provide adequate safeguards BEFORE employing women in those operations.

Chapter XI, Part I — Contract Labour (Sections 45–58)

Applicability & Licensing

Applies where 50+ contract workers are employed on any day in the preceding 12 months, or any contractor who employed 50+ in the same period.
No contractor can supply/engage contract labour without a valid LICENCE (valid 5 years) from the designated authority.
Licence application: electronic filing; specifies number of contract workers, nature of work, and security deposit amount.
Contractor cannot charge any FEE or commission from contract workers.

Wages & Welfare

Contractor responsible for timely wage payment — through bank transfer or electronic mode.
If contractor defaults → Principal Employer must pay the wages and recover from contractor.
All welfare facilities (Chapter V & VI) apply to contract labour in any establishment.
Contractor must issue an EXPERIENCE CERTIFICATE to contract workers on demand.

Prohibition in Core Activities

⚠️ Contract labour CANNOT be employed in the CORE ACTIVITY of an establishment — EXCEPT in 3 situations: (1) Activity is ordinarily done through contractor, (2) Activity doesn't need full-time workers, (3) Sudden increase in volume of core work.

A steel manufacturer's core activity is making steel. They cannot permanently hire contract labour for actual steel production. But they CAN hire contract workers for security, canteen, cleaning, gardening — these are NOT core activities.

Chapter XI, Part II — Inter-State Migrant Workers (Sections 59–65)

Applies to establishments with 10+ inter-state migrant workers.
Employer/contractor must ensure suitable working conditions, considering the worker is far from home State.
In case of fatal accident or serious injury — must notify authorities of BOTH States AND the worker's next of kin.
All benefits available to regular workers (ESI, EPF etc.) must also be extended to migrant workers.
Annual Travel Allowance: Employer must pay lump sum fare for to-and-fro journey to native place once a year.
PDS Benefits: Government must provide option to avail public distribution system (ration) in either native State or destination State.
Toll-Free Helpline: Appropriate Government shall provide toll-free helpline for migrant workers.
Self-Registration: Migrant workers can register themselves on the digital portal using Aadhaar — for better tracking and welfare delivery.

Ramesh, a brick kiln worker from Odisha working in Rajasthan, is entitled to: (1) annual return journey fare paid by contractor, (2) ESI/EPF benefits, (3) choice to use ration card in Rajasthan, (4) access to a toll-free helpline in his language, and (5) ability to register himself on the migrant workers portal using his Aadhaar card.

Chapter XI, Part III — Audio-Visual Workers (Section 66)

No audio-visual worker can be employed without a written agreement registered with the competent authority.
Agreement must be made between worker and the PRODUCER (or contractor).
Agreement must specify: nature of assignment, wages, PF, health & working conditions, safety, hours of work, welfare, and dispute resolution mechanism.
Wage payment must be through ELECTRONIC mode only.
Dispute resolution: If internal mechanism fails, either party can approach the Industrial Tribunal.

A Bollywood actress is hired for a film. The producer must have a signed, registered agreement specifying her fee, working hours, safety measures on set, and PF coverage. If she is unpaid after the shoot — she can go directly to the Industrial Tribunal for redressal.

Chapter XI, Part IV — Mines (Sections 67–73)

Section	Topic	Key Rule
67	Mine Manager	Every mine must have ONE sole manager with prescribed qualifications. Owner can appoint himself if qualified.
68	Exemptions	Code doesn't apply to prospecting excavations (not for sale) and certain quarries (kankar, gravel, sand etc.) with conditions.
69	Emergency Work	Manager can permit extra work in emergencies (fire, accident, Act of God) in contravention of normal working hours.
70	Age Limit	No person below 18 years allowed to work in a mine. Apprentices/trainees ≥16 years allowed under proper supervision.
72	Rescue Services	Central Government can prescribe vocational training and rescue/recovery services for mine workers.

A 15-year-old child cannot be employed in a coal mine under any circumstances. A 16-year-old can work as an apprentice only under direct supervision of a qualified supervisor and with the Inspector's prior approval.

⚖️ Chapter XII — Offences & Penalties (Sections 94–114)

This chapter lays down the consequences for violations. Unlike the older laws, the OSH Code includes an opportunity to COMPLY FIRST before prosecution — encouraging correction over punishment.

Penalty Structure — At a Glance

Section	Offence	Penalty / Punishment	Repeat Offence
94	General contraventions	Min ₹2 lakh; Max ₹3 lakh + ₹2,000/day continuing	Same + daily fine continues
95(1)	Obstructing Inspector/refusing entry/not producing documents	Imprisonment up to 3 months OR fine up to ₹1 lakh OR both	Imprisonment up to 6 months OR ₹1–2 lakh OR both
96	Non-maintenance of registers/non-filing of returns	₹50,000 – ₹1 lakh	₹50,000 – ₹2 lakh
97	Employing women/workers in prohibited/restricted manner	₹50,000 – ₹1 lakh	Imprisonment up to 3 months OR up to ₹2 lakh
98	Falsification of records/plans/reports	Imprisonment up to 3 months OR fine up to ₹1 lakh OR both	Imprisonment up to 6 months OR ₹1–2 lakh OR both
99	Failure to submit plans/notices/returns without excuse	₹1 lakh – ₹2 lakh	Same
102	Violation of hazardous process duties (Sections 6, 13, 80)	Imprisonment up to 2 years + fine up to ₹5 lakh	If continues beyond 1 year: 3 years imprisonment OR ₹20 lakh
103	Non-compliance causing DEATH	Imprisonment up to 2 years OR fine min ₹5 lakh OR both	Double punishment
103	Non-compliance causing SERIOUS BODILY INJURY	Imprisonment up to 1 year OR fine ₹2–4 lakh OR both	Double punishment
106	Employee violating duties	Penalty up to ₹10,000	Employer not liable if they took all reasonable steps

⚠️ In cases causing DEATH — the court may direct that min 50% of the fine be given as COMPENSATION to the victim or their legal heirs!

Section 110 Opportunity to Comply BEFORE Prosecution (Important!)

🌟 Key Feature: Unlike old laws, the Inspector-cum-Facilitator MUST give the employer a 30-day window to comply with the violation BEFORE initiating prosecution. If employer complies within 30 days — NO prosecution!

Exceptions to this opportunity: (1) If accident occurred, and (2) If same violation repeated within 3 years of a previous violation.
No court can take cognizance of an offence unless complaint filed within 6 months of the Inspector-cum-Facilitator becoming aware of the offence.
Minimum court level: Metropolitan Magistrate OR Judicial Magistrate of First Class.

A factory fails to display mandatory work notices (Section 31). The Inspector visits and notices this. Instead of directly prosecuting, the Inspector gives the factory a 30-day notice to comply. The factory puts up the notices within 15 days — no prosecution is filed! But if the factory had an accident that same day, this opportunity would NOT be available.

Sections 108–109 Liability of Owners, Companies & Directors

Section 108: A mine owner/factory occupier charged with an offence can NAME the "actual offender" and if they prove (a) they exercised due diligence, OR (b) the offence was without their knowledge/consent → the actual offender is convicted and the owner/occupier is discharged.
Section 109 — Company Liability: If a company commits an offence, every person in charge at the time (directors, managers, secretary) is deemed guilty — unless they prove the offence was without their knowledge OR they took all due diligence.
If offence committed with CONSENT or CONNIVANCE of a director — that director is personally guilty.

A factory's manager, without the owner's knowledge, disables safety alarms to cut costs. A worker is injured. The manager is directly prosecuted. The factory owner can be discharged if they can prove: (1) they had set up proper safety systems, and (2) the manager acted without their knowledge or consent.

Section 114 Compounding of Offences

Many (not all) offences under the Code can be COMPOUNDED (settled by paying a sum) — either before or after prosecution.
For penalty offences: 50% of maximum penalty.
For criminal offences: 75% of maximum fine.
Once compounded — person is discharged; no further proceedings.
Amount received goes to the Social Security Fund for unorganised workers.
Compounding NOT available if the same offence was committed within 3 years of a previous compounding or conviction.

A contractor fails to maintain worker registers (Section 96 — max penalty ₹1 lakh). Before prosecution, they can compound the offence by paying ₹50,000 (50% of ₹1 lakh) to the Social Security Fund and walk away with a clean slate — for the first time.

📜 Chapters XIII–XIV — Social Security Fund & Miscellaneous

Section 115 Social Security Fund

Appropriate Government establishes a Social Security Fund for welfare of UNORGANISED workers.
Sources: (1) Composition amounts received under Section 114, and (2) Penalties received under Section 111, plus other prescribed sources.
Fund administered and spent for unorganised worker welfare — can also be transferred to other welfare funds under other laws.

When a factory owner compounds an offence by paying ₹1.5 lakh — that money goes into the State Social Security Fund. This fund is then used to provide medical aid, housing support, or skill training to unorganised workers like domestic help, street vendors, or daily wage construction workers.

Miscellaneous Important Provisions

Section	Subject	Key Point
119	Common Licence	One single licence for factory + beedi industrial premises + contractor — reduces paperwork. Auto-generated if authority fails to issue in 45 days.
120	Effect of Law	Code overrides inconsistent laws but employees retain MORE favourable terms from any previous award/agreement.
127	Power to Exempt	Appropriate Government can exempt any establishment from Code provisions by notification, with conditions.
128	Public Emergency Exemption	During epidemic/pandemic/disaster — Appropriate Government can exempt workplaces from Code provisions for up to 1 year at a time.
132	Removal of Difficulties	Central Government can remove any difficulty by order — but only within 2 years of the Code coming into force.
143	Repeal	13 previous Acts repealed. Previous registrations under old laws deemed valid under new Code. Actions taken under old laws continue to be valid.

📅 The Three Schedules

First Schedule — Hazardous Industries

List of 40 industries involving hazardous processes (Section 2(za)):

Ferrous & Non-ferrous metallurgy
Coal, Coke & Power generation
Petroleum & Petro-chemical industries
Drugs, Pharmaceuticals & Distilleries
Chemical industries (acids, explosives, halogens)
Insecticides, Pesticides, Synthetic resins
Asbestos, Mercury, Nano-particles
Ship-breaking & Semiconductor manufacturing
Hazardous waste & E-waste processing plants

Third Schedule — Notifiable Occupational Diseases

29 diseases that must be reported (Section 12):

Lead poisoning, Mercury poisoning, Arsenic poisoning
Anthrax, Silicosis, Asbestosis
Byssinosis (cotton dust disease)
Benzene poisoning, Chrome ulceration
Noise-induced hearing loss
Occupational cancer, Isocyanate poisoning
Coal miners' pneumoconiosis
X-ray/Radiation effects
Phosgene poisoning, Carbon monoxide poisoning

🔄 Flowchart — OSH Code 2020: Key Process Flows

These flowcharts show the step-by-step process for major procedures under the Code.

Flowchart 1: Registration of an Establishment

🏭 New Establishment Commences Business

↓

📋 Employer Applies Electronically Within 60 Days
Form + Particulars + Fees

↓

✅ Registering
Officer Acts?

YES

↓

🎉 Certificate of Registration Issued Electronically

NO (Fails to Act)

↓

⚡ AUTO-REGISTRATION
Certificate Auto-Generated
Officer is Responsible

↓

📝 Any Change in Ownership/Management?
→ Notify within 30 Days

↓

🔒 Closing? → Inform within 30 Days + Certify Worker Dues Paid

↓

❌ Registration Cancelled within 60 Days of Intimation

Flowchart 2: Enforcement — When Accident Occurs

💥 Accident / Dangerous Occurrence in Establishment

↓

⚰️ Causes DEATH

🤕 Injury (48+ hrs off work)

⚠️ Dangerous Occurrence (No Injury)

↓

📨 Employer Must Notify Prescribed Authority
(within prescribed time — Sec 10/11)

↓

🔍 Inspector-cum-Facilitator Investigates

↓

Violation Found → Show-Cause Notice (30 days to comply)

No Violation → Inquiry Closed

↓

Non-Compliance / Accident Case → Direct Prosecution

Employer Complies in 30 days → No Prosecution

↓

⚖️ Court (Min: First-Class Magistrate)
Penalty / Imprisonment / Fine

↓

💰 50% of Fine → Victim / Legal Heirs Compensation (Death cases)

Flowchart 3: Worker Reporting Imminent Danger (Section 14)

👷 Worker Notices Imminent Danger to Life/Health

↓

📣 Reports to: (A) Employer/Safety Committee AND (B) Inspector-cum-Facilitator (simultaneously)

↓

Employer SATISFIED danger exists

↓

✅ Immediate Remedial Action + Report to Inspector

Employer NOT SATISFIED

↓

🔁 Refers to Inspector-cum-Facilitator

↓

⚖️ Inspector's Decision is FINAL
(Whether danger exists or not)

🧠 Mind Map — OSH Code 2020

A visual overview of how the main topics of the Code connect to each other.

⚖️ OSH Code
2020
No. 37 of 2020

📖 Preliminary (Ch.I)

Short Title

Commencement

55+ Definitions

Appropriate Govt

Factory / Mine / Plantation

📝 Registration (Ch.II)

60-day Window

Electronic Filing

Auto-Registration

Appeal within 30 days

Commencement Notice

🧑‍💼 Duties (Ch.III)

Employer — 8 duties

Employee — 7 duties

Mine Owner/Agent

Designer/Manufacturer

Architect/Engineer

Accident Reporting

🛡️ OSH Standards (Ch.IV)

National Board (NOSHAB)

State Board

Safety Standards

Research Activities

Safety Surveys

Safety Committee

Safety Officers

🏥 Health & Welfare (Ch.V–VI)

Cleanliness

Ventilation/Temp

Drinking Water

Separate Toilets

Canteen (100+)

Crèche (50+)

Welfare Officer (250+)

Ambulance Room (500+)

⏰ Hours & Leave (Ch.VII)

Max 8 hrs/day

Max 6 days/week

Overtime = 2x Wages

Night Shift Rules

180 Days for Leave

30 Days Carry Forward

Leave Encashment

🔍 Inspectors (Ch.IX)

Inspector-cum-Facilitator

Chief Inspector

Web-based Inspection

14 Powers

Confidentiality

Prohibition Orders

Medical Officers

👥 Special Groups (Ch.XI)

Contract Labour

Migrant Workers

Audio-Visual Workers

Mine Workers

Building Workers

Beedi/Cigar Workers

Plantation Workers

⚖️ Penalties (Ch.XII)

Gen. Penalty ₹2–3L

Death: 2yr+₹5L

Obstruction: 3 months

Falsification: 3 months

30-day Comply Chance

Compounding: 50/75%

Social Security Fund

🗺️ Roadmap — Journey Through the OSH Code 2020

This roadmap shows the logical journey from the origin of the law to its full implementation and enforcement — step by step.

🏛️ Origin & Legislative History

September 28, 2020 — President gives assent. Published in Gazette of India (No. 62). Replaces 13 earlier labour laws.

Ministry of Law & Justice notification
Part of 4 Labour Codes reform
Effective date(s) notified by Central Government separately

📖 Understanding the Scope (Chapter I)

Who does the law cover? Learn the key definitions — Factory, Mine, Establishment, Employer, Employee, Worker, Wages, Contract Labour, Migrant Worker etc.

55+ definitions in Section 2
Covers 14+ types of work settings
Does NOT cover pure government offices

📝 Registration & Compliance Setup (Chapter II)

Establishment must register within 60 days. Electronic filing. Get Certificate. Notify changes within 30 days.

Single online portal for registration
Auto-registration if officer delays
Common licence possible for multiple permissions

🧑‍💼 Duties & Responsibilities Laid Down (Chapter III)

Employer's 8 primary duties + 5 specific duties. Employee's 7 duties. Mine owners' joint liability. Designer/manufacturer duties.

Free health exams mandatory
Letter of appointment compulsory
Accident/Disease reporting obligations

🛡️ Safety Standards & Advisory Bodies (Chapter IV)

National & State OSH Advisory Boards constituted. Standards declared by Central Government. Safety Committees and Safety Officers appointed.

NOSHAB — 19+ members
State OSH Advisory Boards
Safety Officers mandatory from 100–500+ workers

🏥 Physical Workplace Standards (Chapters V–VI)

Cleanliness, ventilation, temperature, drinking water, separate toilets for all genders, canteen, crèche, welfare officer, first aid, ambulance room.

Canteen mandatory at 100+ workers
Crèche at 50+ workers
Ambulance room at 500+ workers

⏰ Working Hours & Leave Protection (Chapter VII)

Max 8 hours/day. Max 6 days/week. Overtime = 2x wages. 1 day leave per 20 working days. 180 days minimum for leave eligibility.

Worker's consent needed for overtime
Leave encashment on retirement/death
Max 30 days leave carry forward

📂 Records, Registers & Returns (Chapter VIII)

Employer must maintain digital or physical registers of workers, wages, attendance, leave, overtime. Display notices. Issue wage slips. File returns electronically.

Registers can be maintained electronically
Wage slips — electronic or physical
Returns filed online to Inspector

🔍 Inspection & Enforcement (Chapter IX)

Inspector-cum-Facilitators appointed. Web-based randomised inspection scheme. 14+ powers including entry, seizure, photos, samples, prohibition orders.

Randomised digital inspection reduces corruption
Complaint source identity protected
Third-party audit for start-ups

👥 Special Category Protections (Chapter XI)

Contract Labour: licensed, welfare covered, no core-activity restriction. Migrant Workers: annual fare, PDS option, helpline, portal. Audio-Visual Workers: registered contracts. Mines: age limits, emergency powers.

⚖️ Penalties, Prosecution & Compounding (Chapter XII)

30-day opportunity to comply before prosecution. Penalties from ₹10,000 to ₹20 lakh. Imprisonment from 3 months to 3 years. Death penalty: fine to victim's heirs. Compounding at 50–75% of max fine.

Companies: Directors also personally liable
Mine owners: Joint & several liability
Social Security Fund gets compounding amounts

🌟 Social Security & Ongoing Monitoring

Social Security Fund for unorganised workers. OSH Statistics collected nationally. Migrant worker portal maintained. Research institutions notify findings to Government.

Fund used for unorganised worker welfare
Aadhaar-based migrant portal
Regular national OSH statistics
Rules, Regulations & Schedules can be updated