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.
- 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.
- 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.
- Employee Duties
- Follow safety protocols and use protective equipment.
- Report unsafe conditions immediately.
- Avoid misuse of safety devices.
- 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.
- 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.
- 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
- 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.
- Licensing & Registration
- Unified one-time registration for establishments.
- Single licence covering multiple activities.
- Completely online licensing, renewal, and returns.
- 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.
