OSHWC Code, 2020: New Standards for Workplace Safety

The Occupational Safety, Health and Working Conditions Code, 2020 is the most wide-ranging of the four labour codes because it brings together thirteen different laws relating to workplace safety, health, working hours, welfare facilities, contract labour and registration of establishments. The earlier framework was spread across multiple Acts, each with its own definitions and compliance rules. The OSHWC Code creates a single structure that applies to factories, mines, docks, plantations, building and construction establishments and a wide range of offices and commercial establishments. It aims to modernise India’s approach to workplace safety and recognise the evolving nature of employment relationships.

Coverage and Applicability

The Code applies to establishments that meet the thresholds notified by the appropriate government. It covers factories with ten or more workers if power is used and twenty or more if power is not used. It also applies to establishments that employ ten or more contract workers. It provides one consistent set of definitions for terms such as “factory,” “establishment,” “contract labour,” “employee” and “worker,” replacing the multiple definitions spread across earlier laws. The government also has the power to apply the Code to any establishment, regardless of the number of workers, if required in the interest of health and safety.

Registration and Licensing

A key reform introduced by the Code is the requirement of a single registration for every eligible establishment. The earlier system required separate registrations under different Acts. The Code directs the government to create a unified registration system so that employers can comply through a single process. Factories, establishments engaging contract labour, motor transport undertakings, mines and other covered workplaces must all register under this common system. The Code also introduces a single licensing mechanism for contractors, replacing the fragmented licensing requirements of earlier laws.

General Duties of Employers

The Code places clear responsibilities on employers to provide a working environment that is safe and does not pose risks to health. This includes maintaining safe plant and systems of work, ensuring proper handling of hazardous substances, providing workers with information and training, and maintaining hygienic and adequate workplace facilities. Employers must also conduct medical examinations where required and ensure that equipment meets the prescribed safety standards. These obligations bring consistency across sectors and align India’s workplace safety expectations with global practices.

Working Hours and Night Shifts

The Code gives the government authority to prescribe working hours for different categories of establishments and workers. It covers daily and weekly working hours, rest intervals, spread over time and the right to a weekly holiday. The Code permits women employees to work night shifts with their consent, provided employers ensure adequate safety and transportation arrangements. This reflects modern work patterns while ensuring the safety and dignity of women at work.

Welfare Facilities and Working Conditions

Employers are required to provide essential welfare facilities at workplaces. The Code includes requirements relating to canteens, washing areas, locker rooms, first aid boxes, restrooms and crèches for establishments employing fifty or more workers. These welfare standards replace separate obligations scattered across earlier laws. The Code also mandates proper lighting, ventilation and cleanliness, which are critical for maintaining a healthy and comfortable working environment.

Special Provisions for Contract Labour

The Code retains the regulatory structure for contract labour. Establishments that employ ten or more contract workers fall under its scope. Contractors must obtain a licence and are responsible for providing wages, welfare facilities and working conditions. The principal employer must ensure compliance and may be held accountable for any lapses. The Code also allows governments to prohibit contract labour in certain core activities, except for intermittent or seasonal work. This balances flexibility with protection for contract workers.

Safety Standards for High-Risk Sectors

The Code contains detailed safety requirements for mines, docks and construction activities. Mines must comply with provisions relating to mine managers, rescue operations, ventilation and working hours. Dock work must follow safe loading and unloading procedures. Building and construction establishments must comply with rules relating to scaffolding, work at height, lifting machinery and protective equipment. These sector-specific rules bring earlier laws into an organised and updated structure.

Duties of Employees and Designers

Workers also have responsibilities under the Code. They must take reasonable care of their own safety and the safety of others, follow safety instructions, use protective equipment and report unsafe situations. Designers, manufacturers and suppliers of equipment must ensure that machinery, articles or substances are safe when used properly and must provide adequate information regarding associated risks. These provisions recognise that workplace safety is a shared responsibility.

Inspections, Enforcement and Penalties

The Code introduces a modernised inspection system, allowing electronic inspections and the use of digital tools. Inspectors may examine records, inspect facilities and issue improvement notices. Penalties have been rationalised, with higher penalties for repeated violations and serious safety breaches. The goal is to create a more predictable and transparent enforcement environment and ensure better compliance across establishments.

Why the OSHWC Code Matters

The OSHWC Code creates a unified, modern and transparent framework for workplace safety and working conditions. Whether in factories, offices, construction sites or service sectors, the Code sets consistent expectations for employers and provides workers with clear protections. It supports contemporary work arrangements, including night shifts for women with safety measures, and strengthens safety requirements in high-risk sectors. By consolidating thirteen laws into one, it removes confusion, improves compliance and promotes a uniform safety culture across the country.

Conclusion of the Series

This completes the NITES Legal series on India’s newly implemented labour codes. Each code addresses a different pillar of employment, from wages to industrial relations, social security and workplace safety. Together, they represent the most significant restructuring of labour law in independent India. The purpose of this series has been to explain these changes in clear and practical language so that workers and organisations can understand how the new framework affects their rights, responsibilities and day-to-day working conditions.