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The Occupational Safety , Health , And Working Conditions, Code , 2020

The OSH & WC Code, 2020 consolidates 13 labour laws into one unified legislation governing occupational safety, health, working conditions, and welfare of workers, namely:

  • Factories Act, 1948
  • Mines Act, 1952
  • Dock Workers (Safety, Health and Welfare) Act, 1986
  • Building & Other Construction Workers Act, 1996
  • Contract Labour (Regulation & Abolition) Act, 1970
  • Inter-State Migrant Workers Act, 1979
  • Working Journalists & Newspaper Employees Act, 1955
  • Motor Transport Workers Act, 1961
  • Sales Promotion Employees Act, 1976
  • Cine Workers & Cinema Theatre Workers Act, 1981
  • Beedi & Cigar Workers Act, 1966
  • Plantation Labour Act, 1951
  • Working Journalists (Fixation of Wages) Act, 1958

The Code aims to:

  • Ensure safe and healthy working environments.
  • Standardize working conditions across sectors.
  • Protect contract workers, migrant workers, gig and unorganised workers.
  • Promote digital transparency through a single OSH portal.
  • Reduce compliance burden by consolidation of laws.
  1. Scope & Coverage
  • Applicable to all establishments subject to prescribed thresholds.
  • Covers factories, mines, docks, plantations, motor transport, building & construction, and contract labour.
  • Special focus on women workers, inter-state migrant workers, and contract labour.
  1. Employer Duties
  • Ensure a safe and hazard-free workplace.
  • Provide free health check-ups to specified workers.
  • Maintain prescribed health and safety standards, equipment, and protective gear.
  • Report accidents, dangerous occurrences, and occupational diseases.
  • Provide working hours, leave, and welfare facilities as per the Code.
  • Maintain registers and submit online returns.
  1. Employee Duties
  • Follow safety protocols and use protective equipment.
  • Report unsafe conditions immediately.
  • Avoid misuse of safety devices.
  1. Safety & Health Provisions
  • Every establishment must ensure:
    • Cleanliness and hygiene
    • Proper ventilation
    • Safe machinery and work processes
    • Drinking water and sanitation facilities
    • Adequate lighting
    • Protection from hazardous substances
  • Mandatory risk assessment and safety audits for hazardous activities.
  • Mandatory annual health check-ups for notified workers.
  1. Working Hours & Leave
  • Daily and weekly working hours to be prescribed by the Government.
  • Maximum six-day working week with a mandatory weekly rest day.
  • Overtime permitted with additional wages.
  • Night work allowed for women with prescribed safety safeguards.
  1. Welfare Facilities

Employers must provide:

  • Canteen facilities in large establishments
  • Washrooms and crèche facilities
  • First-aid, ambulance rooms, and medical facilities
  • Shelters and restrooms
  • Welfare officers based on manpower thresholds
  1. Special Provisions for Specific Sectors

Contract Labour

  • Single common licence for contractors, valid across India.
  • Contractor responsible for wages, safety, and working conditions.

Inter-State Migrant Workers

  • Workers earning up to the notified wage may register as migrant workers.
  • Employer must provide:
    • Journey allowance
    • Toll-free helpline
    • Accommodation at large worksites
    • Medical facilities

Building & Construction Workers

  • Mandatory safety measures and protective equipment.
  • Hazard- and height-specific safety standards.

Factories

  • Updated definition of factory based on workforce strength and power usage.
  • Enhanced emergency preparedness and hazard management norms.

Mines & Docks

  • Strict accident reporting.
  • Mandatory safety audits.
  • Regulated working hours.
  1. Licensing & Registration
  • Unified one-time registration for establishments.
  • Single licence covering multiple activities.
  • Completely online licensing, renewal, and returns.
  1. Offences & Penalties
  • Penalties for:
    • Unsafe working conditions
    • Failure to provide welfare facilities
    • Non-reporting of accidents
    • Engaging workers without valid licences
  • Higher penalties for repeat violations.
  • Compounding permitted for specified offences.