Introduction – OSH Code employer compliance
The labour law regime in India has witnessed a landmark shift with the implementation of the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) consolidating 13 of the pre-existing labour laws into a single framework. The OSH Code aimed at ensuring safer workplaces across India and by consolidating the previous labour laws ensured that the OSH Code comprises of the legal developments in the sector as well as ensure easier compliance of the laws. Enacted on September 28, 2020, and subject to a phased implementation, the Code applies to establishments employing 10 or more workers subject to type of employer which includes but is not limited to for factories, mines, and hazardous activities. It imposes explicit statutory duties on employers while balancing employee rights.
The implementation of the OSH Code mandates that the employers, complies with the statutory obligations by fostering a hazard-free environment, promote health standards for the employees, and ease in compliance. The OSH Code provides for strict compliance and the violation of any provisions of the OSH Code may lead to imposition of penalties, including fines up to ₹2 lakh for first offences and imprisonment under certain circumstances. Below, we distil the core action points from Chapters III to VI of the OSH Code, focusing on practical actionable steps for factories, mines, plantations, construction sites, and other covered establishments to remain compliant with the newly implemented code. The steps provided herein are derived directly from the Code’s provisions and provide mandatory actions to ensure compliance with the OSH Code.
From a compliance perspective, organisations must carefully assess their OSH Code employer compliance obligations before the Occupational Safety, Health and Working Conditions Code, 2020 becomes fully operational.
1. Registration and Notification: Lay the Foundation for Compliance
Before operations commence, employers must act swiftly:
- Register your establishment: The OSH Code provides that employer of any establishment is in existence to which the code applies or the establishments which comes into existence after the OSH Code coming into force shall submit its application for registration along with the relevant details in an electronic mode to the designated authority within 60 days of the Code’s applicability. The relevant authority will be determined based on the sector and location of the establishment.
- Notify commencement/cessation: Any establishment which is registered under the OSH Code must inform the relevant authority of the closing of the establishment within a period of 30 days.
- Appeal if needed: The employer of any establishment whose application has been refused or revoked shall appeal within 30 days before an appellate officer.
Employers operating covered establishments must therefore ensure timely filing of application for registration before the relevant authority under OSH Code 2020. Any failure to comply with the registration requirement may expose the organisation to regulatory penalties.
2. Core Duties of Employers: Build a Safe and Healthy Workplace
The OSH Code provides statutory obligations which must be complied by every employer of establishment which falls under the purview of the OSH Code. Such employer must prioritise implementation of the requirements under the OSH Code to ensure risk mitigation. Key mandates include:
- Hazard elimination: The employer must undertake measures to ensure that the establishment is free from any hazards which are likely to cause injury or occupational disease to the employees. The employer may mitigate such risk as per the standards which have been provided under Section 18.
- Health surveillance: Conduct free medical exam to the class of employees which have been notified by the appropriate government based on the age groups or other factors as deemed relevant.
- Safe environment: Undertake reasonably practical environment to ensure that the establishment maintains a risk-free condition. The employer must also undertake steps to ensure safe disposal of hazardous, toxic and e-waste.
- Appointment letters: Upon the commencement of the OSH Code, the employer must issue a formal appointment letters to all employees joining the establishment and issue the appointment letter to all employees who are not possession of such letter within three months from the Code’s commencement. The appointment letter must include details like wages and duties along with any other details as prescribed by the relevant authority.
- No cost to employees: Ensure that the employer shall cover all expenses for safety measures, medical checks, and investigations arising at the workplace.
- Extended responsibility: In factories, mines, docks, construction, or plantations, the employer shall be responsible for safeguarding the health and security of not just employees but any other person working at the workplace.
These provisions collectively define the Occupational Safety Health and Working Conditions Code employer obligations, particularly in relation to workplace safety, employee welfare, and statutory compliance.
The health and safety requirements for high-risk sectors, are greater and require the following actions:
- Maintenance of safe plant, systems, and machinery.
- Provide training and supervision including safe handling, storage and transport of substances.
- Ventilated access points and monitor welfare facilities like rest areas.
In practical terms, these requirements form the foundation of workplace safety compliance under OSH Code India, requiring employers to adopt structured occupational health and safety frameworks.
Pro Tip: In mines, owners/agents bear joint liability for employmentcompliance; managers and supervisors are deemed guilty in violations unless due diligence by the employer and the relevant parties can be established.
3. Design, Supply, and Construction: Upstream Accountability
The OSH Code provide obligations not only on the employers but also the suppliers and designers in the following manner:
- Designers/manufacturers/importers/suppliers: To ensure the that the workplace is safe and conduct test of the safety standards to ensure that it conform to Indian standards or any higher standards. It is thereby also the obligation of to conduct research to minimize risks.
- Architects/project engineers: The engineers or the architects which are responsible for the building or designing of any aspect of the workplace are obligated to integrate mechanism for safety and health in planning. They must undertake steps to avoid or mitigate hazardous materials or processes.
Action Item: The suppliers and the designer must undertake the audit for compliance certificates; include safety clauses in contracts.
4. Incident Reporting: Act Fast on Accidents and Risks
It is the responsibility of the employer to provide timely reporting and assist in the investigations:
- Accidents causing death/injury: The employer must undertake to notify authorities within 48 hours of the incident in the prescribed manner.
- Dangerous occurrences: In the event of any dangerous occurrence irrespective of whether it causes bodily injury or not shall be reported within timelines to the relevant authority.
- Notifiable diseases: Employers shall provide notice for any notifiable diseases prescribed under the Third Schedule on a case-to-case basis. If such employee is being attended by a medical practitioner such medical practitioner must notify Chief Inspector within the time period prescribed under the law.
In plantations or construction sector, any inquiries relating to the health and safety must be concluded within two months.
5. Employee Duties and Rights: Foster Collaboration
The OSH Code provides obligations for the employees which are as follows:
- Employee obligations: The employee shall undertake to exercise reasonable care to maintain safety and health. The employee must also ensure that the employee comply with standards and cooperate with the statutory duties.
- Rights: Every employee shall have the right to access information with respect to the health and safety. The employee shall also have the right to undertake immediate remedial action in the event of imminent dangers to health and safety.
- Prohibition: No person shall intentionally undertake actions which are against the interest of the health, safety or welfare.
Employer Step: Constitute Safety Committees in establishments with 500+ workers (250+ in hazardous factories/construction/mines); appoint qualified safety officers. Equal worker-employer representation ensures balanced input.
6. Health, Safety, and Welfare Standards: Implement Prescribed Measures (Chapters V & VI)
The Central Government sets baselines; States can adapt with approval:
- Health and Safety: Maintain cleanliness, ventilation, dust-free air, potable water, lighting, separate latrines, waste treatment, and anti-overcrowding norms.
- Welfare: Provide canteens where the number of employees is above 100 employee, restrooms, crèches for workplace with more than 50 female workers, first-aid, and other facilities as notified.
- Standards Declaration: Adhere to Central notifications on hazards, monitoring, audits and post-employment disease checks.
Support mechanisms include National/State Advisory Boards for policy advice and research institutions for surveys/experiments.
7. Ongoing Compliance: Surveys, Statistics, and Oversight
- Facilitate surveys: Allow the relevant authority to access for safety audits during working hours.
- Data collection: Contribute to national statistics on OSH and maintain migrant worker records.
- Penalties & Appeals: The fine levied for the violation of the OSH Code is ₹50,000 for minor breaches and shall vary subject to reoccurrence of the violations and the nature of violation.
Companies should also periodically review their internal policies to ensure broader labour law compliance under OSH Code 2020, particularly where existing workplace practices were designed under earlier labour legislations.
FAQ Section – OSH Code employer compliance
What is the OSH Code 2020?
The Occupational Safety, Health and Working Conditions Code, 2020 is the recently enacted labour law which consolidates 13 labour laws and aims to provide a unified framework for workplace safety, health standards, and welfare measures across establishments in India.
Which establishments must comply with the OSH Code?
The OSH Code applies to any establishment which has employed 10 or more workers unless otherwise provided under the OSH Code based on the sector of the establishment.
What are the key duties of employers under the OSH Code?
Employers must ensure that the establishment is registered before the relevant authority. It shall also ensure a safe workplace, provide health monitoring for the notified employees, report accidents, maintain welfare facilities, and comply with safety standards prescribed by the Central Government.
What penalties apply for non-compliance?
The general violations of the OSH Code may attract fines up to ₹2 lakh for first offences, higher penalties for repeat offences. The OSH Code also provide that certain offences shall lead to higher penalty or in certain circumstances imprisonment.
Conclusion – OSH Code employer compliance
The OSH Code is a comprehensive labour law which consolidates the pre-existing statutes. It shifts focus to a preventive partnership, obligating the employer to comply with the duties provided under the act to ensure that the workplace has maintained the standards for health and safety. Employers must undertake immediate actions such as registration, training, and reporting to ensure that it is in compliance with the OSH Code and the best practices. With implementation rules trickling in, establishments should conduct gap audits.
At Corrida Legal, we specialize in labour law advisory, helping clients navigate registrations, compliance audits, and dispute resolution. Contact us for tailored OSH Code workshops or policy drafting. Stay safe, stay compliant.
Disclaimer: This summary is for informational purposes and not legal advice. Consult the full Code and professionals for specific applications.
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