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Setting Up of Business, Industrial and Labour Laws · The Occupational Safety, Health and Working Conditions Code, 2020

OSH Code 2020: Application, Commencement and Definitions

Updated 11 October 2026 · Fact-checked

The Occupational Safety, Health and Working Conditions Code, 2020 is the single law on workplace safety, health and working conditions. It came into force on 21 November 2025. It does not apply to Central or State Government offices or ships of war, though it covers contract labour there. To answer, state the provision, apply it to the facts, then conclude.

Understand OSH Code 2020: Introduction, Application and Definitions

The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) brings several older laws on safety, health and working conditions into one Code. It covers factories, mines, docks, building and construction work, plantations, beedi and cigar work, contract labour and inter-State migrant workers. Your syllabus treats it as one of the four Labour Codes.

Commencement. Section 1(2) says the Code comes into force on the date the Central Government notifies, and different dates may be fixed for different provisions. The official footnote records 21 November 2025 (Notification S.O. 5321(E)). Any reference in a provision to the commencement of the Code means the date that provision came into force.

Application. Section 1(3) excludes three things: offices of the Central Government, offices of the State Government, and any ship of war of any nationality. There is a proviso. The Code does apply to contract labour employed through a contractor in those government offices, where the Government is the principal employer. Learn the rule and the proviso together.

Definitions. Section 2 defines the terms the whole Code uses: employer, contractor, contract labour, inter-State migrant worker, factory, mine, establishment, worker and others. These definitions decide who owes the duties. For example, the duties in Section 6 fall on the employer, and Section 60 falls on the contractor or employer of an establishment employing inter-State migrant workers. Learn each definition from the Code or ICSI material, including the worker-number thresholds for particular establishments, because the wording matters.

Laws subsumed. The Code replaces earlier laws such as the Factories Act, 1948, the Mines Act, 1952, the Contract Labour (Regulation and Abolition) Act, 1970 and the Inter-State Migrant Workmen Act, 1979, among others. Revise the full list from the study material.

Key rules to remember

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.

How to solve OSH Code 2020: Introduction, Application and Definitions questions

Use this method for any question on the application or definitions of the OSH Code.

  1. 1Identify what is asked: commencement, application, a definition, or a duty linked to a defined person.
  2. 2State the rule in plain words and cite the section, for example Section 1(3) for exclusions.
  3. 3List the facts that matter: type of establishment, number of workers, who employs whom, and whether the Government is the principal employer.
  4. 4Match the facts to the definition. Check whether the person is an employer, contractor or principal employer, and whether the workplace is a factory, mine or other establishment.
  5. 5Check the exceptions and provisos, such as contract labour in government offices.
  6. 6Apply the rule to the facts in two or three sentences.
  7. 7End with a clear conclusion that answers the question asked.

Quickest way: Three-check method for application questions

When to use it: Use it for short problem questions asking whether the Code applies to an entity.

  1. Check 1: Is it a Central or State Government office or a ship of war? If yes, the Code is excluded.
  2. Check 2: If yes, is contract labour engaged through a contractor with the Government as principal employer? If so, the Code applies to that labour.
  3. Check 3: If not excluded, confirm the establishment type and the worker threshold in its definition, then conclude that the Code applies.

Common mistakes in OSH Code 2020: Introduction, Application and Definitions

  • Saying the Code does not apply at all to government offices.

    Students remember the exclusion but forget the proviso.

    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.

    Students ignore that Section 1(2) allows different dates for different provisions.

    Fix: Write that the Central Government notified 21 November 2025 and that different dates may be fixed for different provisions.

  • Confusing employer, contractor and principal employer.

    The terms sound alike and the same duties appear in several places.

    Fix: Define each in one line before applying it to the facts, and say who owes which duty.

  • Citing repealed laws as current law.

    Old notes still refer to the Factories Act, 1948 and similar Acts.

    Fix: Name them only as laws subsumed by the Code, and cite the OSH Code for current provisions.

  • Stating worker-number thresholds from memory without checking them.

    Different establishments have different thresholds and they are easy to mix up.

    Fix: Learn each threshold from the definition itself, and write the one the question asks for.

Worked examples

Example 1

A State Government department engages 40 workers through a contractor to maintain its office building. The department asks whether the OSH Code applies. Advise.

Show the solution
  1. Rule: Section 1(3) excludes offices of the Central Government and State Government from the Code.
  2. Proviso: the Code applies to contract labour employed through a contractor in those offices where the Government is the principal employer.
  3. Facts: the workers are engaged through a contractor, and the State Government department is the principal employer.
  4. Application: the proviso is satisfied, so the exclusion does not shield the arrangement as far as these contract workers are concerned.

Answer: The Code applies to the 40 contract workers, even though the department is a State Government office. The general exclusion in Section 1(3) is overridden by its proviso.

Example 2

A contractor sends a worker from Bihar to work at a Maharashtra establishment. The worker dies in an accident at work. Whom must the contractor or employer inform under the OSH Code?

Show the solution
  1. Rule: Section 60 sets duties for a contractor or employer of an establishment employing inter-State migrant workers.
  2. Clause (ii) deals with fatal accident or serious bodily injury to such a worker.
  3. It requires a report to the specified authorities of both States and also to the next of kin of the worker.
  4. Apply: the two States here are Bihar and Maharashtra.

Answer: The contractor or employer must report the death to the specified authorities of both Bihar and Maharashtra and to the worker's next of kin, as required by Section 60(ii).

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.

Practice questions from The Occupational Safety, Health and Working Conditions Code, 2020

OSH Code 2020: Introduction, Application and Definitions in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

OSH Code 2020: Introduction, Application and Definitions: frequently asked questions

When did the OSH Code 2020 come into force?

The Central Government notified 21 November 2025 as the date, through S.O. 5321(E). Section 1(2) allows different dates for different provisions.

Does the OSH Code apply to government offices?

Section 1(3) excludes offices of the Central and State Governments and ships of war. But the Code applies to contract labour employed through a contractor where the Government is the principal employer.

Which laws does the OSH Code subsume?

It replaces several older laws on safety, health and working conditions, including the Factories Act, 1948, the Mines Act, 1952, the Contract Labour (Regulation and Abolition) Act, 1970 and the Inter-State Migrant Workmen Act, 1979. Learn the full list from the ICSI study material.

Why do definitions matter so much in this topic?

The duties in the Code fall on defined persons such as the employer or contractor. If you cannot identify who fits the definition, you cannot say who owes the duty.