Occupational Safety, Health and Working Conditions (OSH) Code, 2020
Introduction
The OSH Code, 2020 consolidates 13 Central labour laws into one.
Objective:
Simplify compliance
Ensure uniformity across States
Strengthen worker welfare
Promote ease of doing business
From a fragmented regulatory structure to a single, modernised, transparent labour framework.
Structural Simplification (Key Comparison)
Subject | Earlier | OSH Code 2020 |
Number of Acts | 13 | 1 |
Sections | 620 | 143 |
Rules | 868 | 175 |
Registrations | 6 | 1 |
Licenses | 4 | 1 |
Forms | 55 | 20 |
Returns | 21 | 1 |
Compounding of offences | No | Yes |
Improvement notice | No | Yes |
Worker Welfare and Employment Conditions
Formalisation through appointment letters
Mandatory for all employees.
Ensures transparency on wages, social security, designation, category of employment.
Annual paid leave
Eligibility reduced from 240 days to 180 days of work.
Improves rest, recovery, productivity and work–life balance.
Overtime flexibility with worker consent
The OSH Code allows flexible weekly work arrangements, provided the worker gives consent.
Depending on the weekly schedule, the following daily limits apply without treating them as overtime:
12 hours per day in a 4-day workweek
9.5 hours per day in a 5-day workweek
8 hours per day in a 6-day workweek
Important:
Despite these flexible daily arrangements, the Code continues to uphold the standard ceiling of 48 hours per week.
Power of the appropriate government to fix overtime limits
Earlier, the maximum overtime permitted was 75 hours per quarter under the Factories Act.
Under the OSH Code:
The appropriate government now has full authority to determine the overtime limit.
This allows States/UTs to adjust overtime ceilings based on:
Industry needs
Regional employment patterns
Seasonal fluctuations
Inter-State Migrant Workermen (ISMW)
Expanded definition
Includes:
Direct employees
Contract workers
Self-migrating workers
Welfare measures
To-and-fro journey allowance once every 12 months.
Portability of benefits under Building & Other Construction Workers BOCW cess and PDS ration.
Toll-free helpline for grievance redressal.
National Worker Database
Enrols unorganised and migrant workers.
Enables targeted social security and skill mapping.
Victim Compensation
Courts can direct minimum 50% of the fine to be paid as compensation to injured workers or legal heirs in case of death.
Redefining media workers
Audio-visual workers now include digital creators, dubbing artists, stunt persons.
Working journalists now include electronic/digital media journalists.
Ensures contemporary coverage and workplace protections.
Health, Safety and Well-being
Safety committees
Mandatory for:
Factories with 500+ workers
Building & Other Construction Workers BOCW establishments with 250+ workers
Mines with 100+ workers
Universal coverage
Safety, health and welfare norms extended to all sectors, not just seven regulated sectors earlier.
Health and medical coverage
Annual free health check-ups for all employees.
Plantations may now avail ESI medical facilities.
National Occupational Safety and Health Advisory Board
Replaces six earlier boards.
Tripartite representation (unions, employers, states).
Sets national uniform standards for OSH.
Social Security Fund
Built from compounding and penalty funds.
Supports unorganised sector welfare.
Industry Facilitation and Ease of Doing Business
Extended applicability
Code can be applied even to establishments with one employee in hazardous occupations.
Electronic single registration
Uniform threshold: 10 workers.
Single registration replaces multiple registrations.
Revised factory thresholds
Threshold increased for factory licences:
From 10 to 20 workers (with power)
From 20 to 40 workers (without power)
30-day time limit for factory construction permissions and site appraisal.
Inspector-cum-Facilitator
Replaces traditional “inspector raj”.
Web-based random inspections.
Focus on facilitation and compliance guidance.
Third-party audit and certification
Allowed for start-ups and specified establishments.
Reduces regulatory burden and speeds up compliance.
Digitisation of records
Registers reduced from 84 to 8.
Contract Labour Reforms
Core and non-core activities defined
Allows contract labour even in core activities if:
It is ordinarily done by contractors, or
Activity does not require full-time workers, or
Volume of work increases suddenly in core area.
Threshold raised
Threshold for regulation increases from 20 to 50 workers.
Small contractors exempted from licensing; large units retain obligations.
Welfare and wage protection
Principal employer liable for unpaid wages.
Ensures timely payment and basic welfare guarantees.
Compounding and Decriminalisation
Compounding
First-time offences (fine-only): 50% of max fine.
Offences with fine or imprisonment: 75% of max fine.
Funds credited to Social Security Fund.
Decriminalisation and improvement notice
Procedural offences treated as civil violations.
Mandatory 30-day notice before action.
Encourages voluntary compliance.
Women-centric provisions
Work in all establishments
Women allowed in all types of work, including night shifts, with consent and mandatory safety arrangements.
Crèche facilities
Mandatory for establishments with 50+ workers.
Now gender-neutral, available to all workers—not just women.
Conclusion
OSH Code, 2020 unifies fragmented labour laws, strengthens worker welfare, enhances safety standards, and improves ease of doing business.
It contributes to a more formal, transparent, and future-ready labour market aligned with India’s inclusive growth vision.
Prelims Practice MCQs
Q. Under the OSH Code, 2020, the eligibility requirement for annual paid leave is:
A. 240 days of work
B. 180 days of work
C. 120 days of work
D. 365 days of work
Answer: B
Q. Which one of the following is a newly introduced feature under the OSH Code, 2020?
A. Mandatory imprisonment for non-payment of wages
B. Appointment letters only for contractual workers
C. Inspector-cum-Facilitator system with web-based inspections
D. Removal of annual health check-ups
Answer: C
Q. Under the OSH Code, the responsibility for unpaid wages of contract labour lies with:
A. The labour department
B. The principal employer
C. The state government
D. The worker’s union
Answer: B