Occupational Safety, Health & Working Conditions Code, 2020 (OSH Code)

Occupational Safety, Health & Working Conditions Code, 2020 (OSH Code) The Occupational Safety, Health & Working Conditions Code, 2020 consolidates 13 central labour laws relating to occupational safety, health and working conditions. The Code applies across India, subject to the applicable activity-specific thresholds and State-specific rules. Key Compliance Requirements: 1. Applicability & Registration Establishments must assess whether they fall within the scope of the OSH Code and comply with the applicable registration, licensing and regulatory requirements. The general framework covers establishments with 10 or more workers, all mines and all docks, subject to specific thresholds. 2. Hazard Identification & Risk Assessment Employers should conduct and document Hazard Identification & Risk Assessment (HIRA), review it periodically and update it whenever there are significant changes in processes, equipment or workplace conditions. 3. Workplace Safety & Machinery Employers must maintain safe working systems, ensure appropriate machine guarding and maintenance, establish safe work procedures for hazardous activities and provide adequate safety measures. 4. Personal Protective Equipment (PPE) Appropriate PPE must be provided to workers free of cost and maintained in proper working condition. Records relating to PPE distribution and maintenance should also be maintained. 5. Occupational Health & Welfare Facilities Employers must provide appropriate occupational health measures and welfare facilities, including drinking water, sanitation, toilets, ventilation, lighting, first-aid facilities and other applicable welfare arrangements. 6. Health Surveillance & Medical Records Periodic medical examinations and health surveillance should be carried out where required, particularly for workers exposed to hazardous processes. Relevant medical and occupational health records should be maintained securely and confidentially. 7. Safety Officer, Occupational Health Officer & Safety Committee Establishments meeting the applicable thresholds must appoint the required Safety Officer and Occupational Health Officer and constitute a Safety Committee where prescribed. The Safety Committee must include appropriate employer and worker representation and its recommendations must be addressed within the prescribed timeframe. 8. Training & Worker Awareness Workers must receive appropriate induction, refresher and job-specific safety training, including information regarding workplace hazards, safe work procedures and PPE. 9. Incident Reporting & Investigation Serious accidents and incidents must be reported within the prescribed statutory timeline. Employers should maintain incident records and conduct appropriate investigations to identify root causes and corrective measures. 10. Registers & Records Employers should maintain applicable records, including accident and incident registers, HIRA records, health surveillance records, PPE registers, training records, chemical Safety Data Sheets (SDS), machinery maintenance records and worker grievance records. 11. Women's Employment & Night Shifts Where women are employed during night hours, the prescribed conditions must be complied with, including written consent and applicable safety arrangements such as safe transportation, workplace security, lighting/CCTV, supervision and POSH-related requirements. 12. Fixed-Term Employees Fixed-term employees are entitled to parity of applicable statutory benefits with comparable permanent employees. Gratuity eligibility should be assessed in accordance with the applicable provisions. 13. Inter-State Migrant Workers & Contract Labour Employers and contractors must comply with applicable requirements concerning inter-state migrant workers, including prescribed records and benefits. Contract labour licensing requirements and restrictions relating to core activities should also be assessed where applicable. 14. Annual Health Check-up Eligible workers must be provided employer-funded annual health check-ups in accordance with the applicable notified requirements. The Central Rules, 2026 specify a 40-year age threshold for workers in dock work, building and other construction activities; applicability to other sectors should be separately verified before implementation. 15. Returns & Statutory Reporting Establishments must complete applicable registrations, returns, accident reporting and other statutory filings within the prescribed timelines. 16. State-Specific Compliance Compliance requirements must be reviewed against the OSH Code rules applicable to the relevant State/UT. Thresholds, forms, filing procedures and implementation requirements should be verified before taking any filing or compliance decision. 17. Inspection, Enforcement & Penalties The Code provides for an Inspector-cum-Facilitator framework combining compliance facilitation with enforcement. Non-compliance may attract applicable fines and other statutory consequences, while certain offences may be eligible for compounding subject to the conditions prescribed under the Code and Rules. Compliance Review: Employers should conduct periodic internal compliance audits, review applicable State rules, maintain statutory registers and records, monitor changes in workforce and workplace activities, and update their OSH compliance framework accordingly.