The Occupational Safety, Health and Working Conditions Code, 2020: formula sheet

Key formulas

Short title and commencement

Section 1: OSH Code, 2020; in force from 21 November 2025 (S.O. 5321(E)); dates may differ for different provisions

Central Government fixes the date by notification. Different dates for different provisions are allowed.

Exclusions from application

Not applicable to: Central Government offices + State Government offices + ships of war of any nationality

This is Section 1(3).

Proviso to the exclusion

Code applies to contract labour employed through a contractor in those offices where the Government is the principal employer

Do not say government offices are wholly outside the Code.

Employer duties (Section 6)

Hazard-free workplace; comply with standards; free annual health check as prescribed; safe environment; hazardous waste and e-waste disposal; appointment letter; no charge for safety and health

Section 6(1)(h) makes the employer responsible for safety of all persons on the premises of a factory, mine, dock, building or construction work or plantation.

Migrant worker duties (Section 60)

Contractor or employer must: ensure suitable conditions; report fatal or serious injury to authorities of both States and next of kin; extend all benefits of the establishment's workers

Benefits include ESI and provident fund, and the medical check-up facility under Section 6(1)(c).

Migrant worker portal (Section 21)

Database of inter-State migrant workers; registration by self-declaration and Aadhaar

Self-employed workers who migrated between States may also register.

Employer's general duties

Section 6(1): hazard-free workplace + comply with standards + free annual health check (as prescribed) + safe environment + hazardous and e-waste disposal + appointment letter + no charge for safety + responsibility for all persons on premises (factory, mine, dock, building or construction work, plantation)

Clauses (a) to (h). The responsibility for other persons on the premises applies only to the listed workplaces.

Free annual health examination

Section 6(1)(c): free of cost, for such age or class of employees or establishments as the appropriate Government prescribes

It is not automatic for every employee. It depends on what the appropriate Government prescribes.

Appointment letter

Section 6(1)(f): issue to every employee on appointment; if not issued before commencement of the Code, issue within three months of commencement

Information and form are as prescribed by the appropriate Government.

No charge for safety

Section 6(1)(g): no charge on any employee for safety and health measures, including medical examination to detect occupational diseases

The cost lies on the employer.

Particular duties in high-risk workplaces

Section 6(2): safe plant and systems; safe handling of articles and substances; information, instruction, training, supervision; safe places, access and egress; safe working environment and welfare

Applies particularly to factory, mines, dock, building or construction work or plantation, without limiting section 6(1).

Working conditions

Section 23: employer maintains health, safety and working conditions as prescribed by the Central Government

Examples: cleanliness, ventilation, drinking water, lighting, separate latrines and urinals for male, female and transgender employees, waste and effluent treatment.

Employee rights

Section 14: information on health and safety; representation to employer or Safety Committee member, then Inspector-cum-Facilitator; report of imminent danger to employer and Inspector-cum-Facilitator

If the employer doubts the danger, he must still refer the matter forthwith to the Inspector-cum-Facilitator, whose decision is final.

Registration of new establishment (Section 3(1))

Apply electronically to registering officer within 60 days of the Code applying

Late applications may be entertained on payment of prescribed late fees.

Deemed registration (Section 3(3) proviso)

No registration or entertainment within prescribed period → deemed registered; certificate auto-generated

Responsibility for the failure is on the registering officer.

Change in particulars (Section 3(4))

Intimate change in ownership, management or particulars within 30 days

Done electronically; the officer then amends the certificate.

Closure (Section 3(5))

Within 30 days of closing: inform closure + certify payment of all dues; cancellation within 60 days

If not cancelled in 60 days, deemed cancelled and auto-generated.

Misrepresentation and fraud (Section 3(6))

(a) misrepresentation or suppression → prosecution under Section 94, registration unaffected; (b) registration useless or ineffective by fraud → revocation after hearing, within 60 days

Do not mix up the two clauses.

Bar on employing (Section 3(7))

No employee may be employed if establishment is unregistered, or appeal against cancellation or revocation was not made or was dismissed

Appeal lies under Section 4.

Existing registrations (Section 3(8))

Registered under a Central labour law or notified law → deemed registered under the Code

Condition: registration details are given to the registering officer in the prescribed time and form.

OSH standards (Section 18(1))

Central Government declares standards by notification

State Government can amend only with prior approval of the Centre (Section 18(4)).

Amending Second Schedule (Section 18(3))

National Board recommendation + notice of intention for not less than 45 days

Applies notwithstanding Section 131.

National Board members' term (Section 16(3))

Three years for members in clauses (g), (j), (k), (l) and (m)

Secretary, Ministry of Labour and Employment is Chairperson ex officio.

Employer's health and safety duty (Section 23)

Employer maintains health, safety and working conditions as prescribed by the Central Government

Section 23(2) lists matters such as cleanliness, ventilation, drinking water, lighting, separate latrines and urinals, and waste treatment.

Canteen (Section 24(1)(v))

Canteen where 100 or more workers, including contract labourers, are ordinarily employed

Contract labourers are counted in the headcount.

Creche (Section 24(3))

Creche for children under 6 years where more than 50 workers are ordinarily employed

Rule-making power. Common creche or pooled resources are allowed.

Rest rooms and lunch room (Section 24(2)(iii))

Separate shelters or rest rooms and lunch room in every factory and mine with more than 50 workers ordinarily employed

Also applies to motor transport undertakings where an employee must halt at night.

Welfare officer (Section 24(2)(iv))

Factory, mine or plantation with 250 or more workers ordinarily employed

Note 'or more' here, against 'more than' for other limits.

Ambulance room (Section 24(2)(i))

Factory, mine, building or construction work with more than 500 workers ordinarily employed

Prescribed by the Central Government.

Weekly holiday (Section 26)

No worker works more than 6 days in any one week

Motor transport proviso: no more than ten days consecutively without a whole-day holiday.

Compensatory holiday (Section 26(3))

Allowed within the month the holidays were due or within the 2 months immediately following

Number of compensatory holidays equals the holidays lost.

Women's work hours (Section 43)

Before 6 a.m. and beyond 7 p.m. only with consent, subject to prescribed conditions

Women may be employed in all establishments for all types of work.

Plantation creche (Section 92(1)(b))

50 or more workers employed, or employed on any day of the preceding 12 months

Plantation education facility applies where children aged 6 to 12 exceed 25.

Central Government's power to declare standards

Section 18(1): standards declared by notification for factory, mine, dock work, beedi and cigar, building and other construction work and other establishments

The standards are made by the Central Government, not by the employer or the inspector.

Core aim of the standards

Section 18(2)(a): no employee suffers material impairment of health or functional capacity, even with regular exposure to hazards, to the extent feasible on the best available evidence

Qualify with 'to the extent feasible'. Do not say hazards must be eliminated absolutely.

Post-employment medical examination

Section 18(2)(c): examination extends to a person who has ceased employment if suffering from an occupational disease arising out of or in the course of employment

A frequent point for short notes.

Amending the Second Schedule

Section 18(3): Central Government, on recommendation of the National Board, after notifying intention for not less than 45 days

Remember the 45-day notice and the National Board's recommendation.

State amendment of standards

Section 18(4): State Government may amend only with prior approval of the Central Government, for establishments where it is the appropriate Government

Prior approval, not later ratification.

Extended employer responsibility

Section 6(1)(h): for factory, mine, dock work, building or other construction work or plantation, employer is responsible for safety and health of employees, workers and other persons on the premises, with or without knowledge

Covers visitors and others, not only employees.

No charge on employees

Section 6(1)(g): no charge on any employee for safety and health measures, including medical examination for detecting occupational diseases

Cost lies with the employer.

Particular duties in high-risk workplaces

Section 6(2)(a) to (e): safe plant and systems, safe handling and storage, training and supervision, safe workplace with access and egress, safe working environment and welfare

Applies to factory, mines, dock, building or other construction work or plantation.

Core activity prohibition (s. 57(1))

Contract labour in core activities = prohibited, unless exception (a), (b) or (c) applies

Exceptions: activity ordinarily done through contractor; no full-time workers needed for major part of working hours or longer periods; sudden increase of work to be done in a specified time.

Core activity dispute (s. 57(2))

Aggrieved party applies → appropriate Government → may refer to designated authority → authority reports → Government decides

The designated authority only advises. The decision is of the appropriate Government.

Duties for inter-State migrant workers (s. 60)

Contractor or employer must: (i) ensure suitable conditions of work; (ii) report fatal accident or serious bodily injury to authorities of both States and next of kin; (iii) extend all benefits available to other workers, including ESI and EPF, and medical check-up

The duty lies on the contractor or the employer of the establishment.

Journey allowance (s. 61)

Employer pays every inter-State migrant worker, in a year, a lump sum for the fare of the to-and-fro journey to native place

Minimum service, periodicity and class of travel are as prescribed by the appropriate Government. The duty is on the employer.

Audio-visual worker agreement (s. 66)

Written agreement + registration with the competent authority by the producer

Agreement must be in prescribed form. If a contractor is used, the producer is also liable for the contractor's default and can be reimbursed. Wages are paid through electronic mode.

Penalty (s. 97)

First contravention: penalty ₹50,000 to ₹1,00,000. Repeat conviction under same provision: imprisonment up to 3 months, or fine up to ₹2,00,000, or both

Covers orders regulating employment of women, audio-visual workers and contract labour.

Appointment of Inspector-cum-Facilitators

Appropriate Government → by notification → Inspector-cum-Facilitators with jurisdiction specified (s. 34(1))

Chief and Additional, Joint and Deputy Chiefs are also appointed by notification (s. 34(5)-(6)).

Disqualification for appointment

No appointment or continuance if directly or indirectly interested in a workplace, work activity, process, business, plant or machinery connected with it (s. 34(8))

The test is interest, whether direct or indirect.

Inspection scheme

Web-based inspection + electronic calling of information + randomised selection of establishment and officer (s. 34(3))

It is notified by the appropriate Government. Unique numbers and report uploading are factors it may consider under s. 34(4).

Status of officers

Deemed public servants; officially subordinate to the authority the appropriate Government specifies (s. 34(11))

The official text refers to section 21 of the Indian Penal Code; for other uses, remember the IPC is replaced by the Bharatiya Nyaya Sanhita.

Secrecy rule

Information from inspection is confidential, during and after service, unless the officer considers disclosure necessary for the health, safety or welfare of a person employed (s. 39(1))

Exceptions in s. 39(2): any court; any Committee or Board under the Code; an official superior or the employer; the Commissioner for employees' compensation; the Controller, Indian Bureau of Mines; and other officers specified by the appropriate Government.

Complaint source

Source of a complaint cannot be disclosed without the complainant's consent, even under the Right to Information Act, 2005 (s. 39(3))

The officer must also not tell the employer that the inspection is due to a complaint.

National Board

Constituted by Central Government; Secretary, Ministry of Labour and Employment is Chairperson ex officio (s. 16)

Members in clauses (g), (j), (k), (l) and (m) hold office for three years (s. 16(3)). Joint Secretary, Ministry of Labour and Employment is Member Secretary.

State Board

Constituted by State Government to advise on matters referred to it (s. 17)

Constitution and procedure are as prescribed by the State Government.

Quick revision

• The OSH Code, 2020 repeals thirteen enactments listed in section 143, including the Factories Act, 1948 and the Mines Act, 1952.
• Section 143(2): officers appointed under repealed laws are deemed appointed under the Code.
• Section 143(3): actions and rules under repealed laws are deemed taken under the Code and stay in force to the extent not contrary to it.
• Section 143(4): section 6 of the General Clauses Act, 1897 applies to the repeal.
• Section 6(1)(a): the employer must keep the workplace free from hazards likely to cause injury or occupational disease.
• Section 6(1)(f): every employee gets a letter of appointment; where none was issued, it must be issued within three months of commencement.
• Section 6(1)(g): no charge can be levied on employees for safety and health measures, including medical examination for detecting occupational diseases.
• Section 6(1)(h): in factories, mines, dock work, building work and plantations, the employer is responsible for the safety and health of all persons on the premises, with or without his knowledge.
• Section 6(1)(c): annual health examination is free of cost for such employees as the appropriate Government prescribes.
• Section 133: the appropriate Government makes rules by notification, subject to previous publication.
• The Code is one of four Labour Codes taught in Paper 3 Part II.

Common mistakes

• Saying the Code does not apply at all to government offices. Fix: Always add that the Code applies to contract labour through a contractor where the Government is the principal employer.
• Giving a wrong commencement date or saying the whole Code started on one day. Fix: Write that the Central Government notified 21 November 2025 and that different dates may be fixed for different provisions.
• Saying every employee gets a free annual health check. Fix: Write that it is free of cost for employees or classes of establishments as prescribed by the appropriate Government, under section 6(1)(c).
• Limiting the employer's responsibility to his own employees. Fix: For factory, mine, dock work, building or construction work and plantation, section 6(1)(h) covers employees, workers and other persons on the premises, with or without the employer's knowledge.
• Saying registration is required within 30 days of starting the establishment. Fix: Remember 60 days to apply, counted from the date the Code becomes applicable to the establishment.
• Saying the State Government declares OSH standards freely. Fix: Under Section 18 the Central Government notifies standards. The State may amend them only with prior Central approval.
• Saying a canteen is needed above 100 workers. Fix: The canteen applies where one hundred or more workers are ordinarily employed, so exactly 100 qualifies.
• Leaving out contract labourers when counting for a canteen. Fix: Section 24(1)(v) counts workers including contract labourers.
• Saying the employer must make the workplace absolutely risk-free. Fix: Quote the qualifiers: 'as far as reasonably practicable' in section 6(1)(d) and 'to the extent feasible' in section 18(2)(a).
• Writing that the State Government freely amends safety standards. Fix: State that under section 18(4) the State needs prior approval of the Central Government and acts only for establishments where it is the appropriate Government.

Exam tips

• Write the section number when you state a rule, for example Section 1(3) for exclusions and Section 60 for migrant workers.
• In application questions, always check for the proviso before concluding.
• Present answers in ICSI style: provision, facts, analysis, conclusion.
• Learn the Section 2 definitions word by word, since examiners test who counts as an employer, contractor or migrant worker.
• Use only the OSH Code and the other Labour Codes. Do not rely on older Acts except to name them as subsumed.
• Quote section numbers: 6 for employer duties, 14 for employee rights, 23 for working conditions, 18 for standards, 8 for designers and suppliers.
• Always add the qualifier 'as prescribed by the appropriate Government' when writing about the free health check and appointment letter.
• In a scenario, first name the type of workplace. The factory, mine, dock, construction and plantation duties are wider.