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

OSH Code 2020: Registration and Safety Standards

Updated 11 October 2026 · Fact-checked

Under the OSH Code, 2020, an employer of a new establishment must apply electronically for registration within sixty days of the Code applying to it. Section 18 lets the Central Government notify occupational safety and health standards. To answer questions, state the provision, apply it to the facts, and conclude.

Understand Registration, Licensing and Occupational Safety and Health Standards

The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) replaces several older safety and working conditions laws. Two ideas sit at its base: every covered establishment must be on a register, and every workplace must follow safety and health standards.

Registration is dealt with in Section 3. An employer of an establishment that comes into existence after the Code's commencement, and to which the Code applies, must apply electronically to the registering officer appointed by the appropriate Government. The time limit is sixty days from the date the Code becomes applicable to the establishment. The registering officer may still accept a late application on payment of late fees.

The process is built to be quick. If the registering officer fails to register the establishment or to entertain the application within the prescribed period, the establishment is deemed registered once that period expires, and the electronic certificate is auto-generated. The responsibility for the failure lies on the registering officer, not the employer. Changes in ownership, management or registered particulars must be intimated within thirty days. On closure, the employer must inform the registering officer and certify payment of all dues to workers within thirty days. The registration is then cancelled within sixty days, or deemed cancelled if the officer does not act.

Standards are dealt with in Section 18. The Central Government declares, by notification, standards on occupational safety and health for factories, mines, dock work, beedi and cigar work, building and other construction work and other establishments. The standards cover hazards (physical, chemical, biological and others), norms for appraising hazards, monitoring exposure, medical examination at the employer's cost, and hazard evaluation such as safety audit. They also cover medical examination for occupational diseases, even after employment ends. A State Government may amend the standards for establishments in its sphere only with the prior approval of the Central Government.

The National Occupational Safety and Health Advisory Board (Section 16) advises the Central Government on standards, rules and regulations, and on implementing the Code. Its recommendation is needed before the Second Schedule is amended.

Key rules to remember

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.

How to solve Registration, Licensing and Occupational Safety and Health Standards questions

Use one routine for any question on registration or standards. It keeps your answer in ICSI style: provision, analysis, conclusion.

1Identify whether the question is about registration (Section 3), standards (Section 18) or the advisory Board (Section 16).
2Write the rule in plain words, with the section number only where you are sure of it.
3Pick out the facts that matter: new or existing establishment, dates, who acted, what was filed.
4Count the time limits carefully: 60 days to apply, 30 days for change or closure, 60 days for cancellation or revocation.
5Apply the rule to the facts and include the deemed registration or deemed cancellation effect if the officer did not act.
6For standards, state who declares them (Central Government), the method (notification) and the State's limit (prior Central approval).
7Close with a one-line conclusion that answers the exact question asked.

Quickest way: Three-tag method: Who, When, Effect

When to use it: Use it for short-note or case-based questions when time is short.

Who: name the employer, registering officer, Central Government or State Government.
When: write the time limit (60 or 30 days) and from which event it runs.
Effect: write the consequence, such as deemed registration, late fees, prosecution, revocation or bar on employing.
Add the Section number last, only if sure.

Common mistakes in Registration, Licensing and Occupational Safety and Health Standards

Saying registration is required within 30 days of starting the establishment.
The 30-day limit for changes and closure gets mixed with the application period.
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.
Students assume labour is a State matter.
Fix: Under Section 18 the Central Government notifies standards. The State may amend them only with prior Central approval.
Saying the establishment stays unregistered if the registering officer does not act.
Students forget the deeming proviso.
Fix: Write that the establishment is deemed registered and the certificate is auto-generated, with responsibility on the officer.
Treating misrepresentation and fraud as the same consequence.
Both are in Section 3(6) and look alike.
Fix: Clause (a) leads to prosecution under Section 94 without affecting registration. Clause (b) allows revocation after a hearing.
Ignoring existing registrations under old Central labour laws.
Students only study fresh registration.
Fix: State that such establishments are deemed registered, if they give registration details in the prescribed time and form.
Saying the employer's duty to give medical examination ends with employment.
Section 18(2)(c) is easy to skip.
Fix: State that examination for occupational disease can extend to a person after employment ends, if the disease arose out of or in the course of employment.

Worked examples

Example 1

Sunrise Textiles Pvt. Ltd. starts a new establishment to which the OSH Code applies. It files no application and employs 40 workers. Advise on its position.

Show the solution

Provision: an employer of a new establishment to which the Code applies must apply electronically to the registering officer within sixty days of applicability (Section 3(1)).
Late applications may be accepted on payment of prescribed late fees.
Section 3(7) bars an employer who has not registered the establishment from employing any employee.
Facts: Sunrise has not applied and is employing 40 workers, so it is in breach.

Answer: Sunrise Textiles must apply for registration at once, with late fees if the sixty days have expired. Until it is registered it may not employ any employee, so its current employment of 40 workers is not permitted.

Example 2

An employer applies for registration of a new establishment, but the registering officer neither registers it nor entertains the application within the prescribed period. What is the position? Also state who can amend OSH standards for establishments within a State.

Show the solution

Provision: under the proviso to Section 3(3), if the registering officer fails to register or entertain the application within the prescribed period, the establishment is deemed registered on expiry of that period.
The electronic certificate is auto-generated. The responsibility for the failure is on the registering officer.
On standards: Section 18(1) lets the Central Government declare standards by notification.
Section 18(4) lets a State Government amend them for establishments for which it is the appropriate Government, but only with prior approval of the Central Government.

Answer: The establishment is deemed registered when the prescribed period expires, and the certificate is auto-generated. The registering officer bears responsibility. The State Government may amend the standards for its establishments only with the Central Government's prior approval.

Exam tips

Learn the day counts as a set: 60 days to apply, 30 days for change in particulars, 30 days for closure intimation, 60 days for cancellation or revocation.
Short notes often ask for the contents of Section 18(2). List hazards, norms, medical examination, occupational disease and Second Schedule matters.
In case-based answers, always mention deemed registration or deemed cancellation if the officer failed to act.
Use the Code's own words such as registering officer, appropriate Government and National Board.
Cite Sections 3, 16 and 18 only; do not guess other section numbers.

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

Registration, Licensing and Occupational Safety and Health Standards in other exams

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

Registration, Licensing and Occupational Safety and Health Standards: frequently asked questions

Within how many days must a new establishment apply for registration under the OSH Code?

The employer must apply electronically within sixty days from the date the Code becomes applicable to the establishment. The registering officer may accept a late application on payment of prescribed late fees.

What happens if the registering officer does not register the establishment in time?

The establishment is deemed registered when the prescribed period ends. The electronic certificate is auto-generated and the responsibility for the failure rests on the registering officer.

Who declares occupational safety and health standards under Section 18?

The Central Government declares them by notification. A State Government may amend them for establishments in its State only with the prior approval of the Central Government.

What is the role of the National Occupational Safety and Health Advisory Board?

Under Section 16 it advises the Central Government on standards, rules and regulations, implementation of the Code, and policy matters referred to it. Its recommendation is also needed to amend the Second Schedule.