At a Glance
Where the Code comes from, when it took effect and what it replaced.
The Occupational Safety, Health and Working Conditions Code, 2020 is a central Act of Parliament that received Presidential assent on 28 September 2020 and was brought into force across India on 21 November 2025. The Central Rules that operationalise the Code, called the Occupational Safety, Health and Working Conditions (Central) Rules, 2026, were notified on 8 May 2026 after a public objection window that closed in mid February 2026.
Even though the Code was passed back in 2020, it sat dormant for five years while the government worked out the Rules. So when people say the OSH Code is now applicable, they mean the whole package, Code plus Central Rules plus applicable state rules, is finally operational for employers to follow.
- Issuing authority
- Ministry of Labour and Employment, Government of India
- Notified
- Act assented to and published on 28 to 29 September 2020. Brought into force nationwide on 21 November 2025. Central Rules notified on 8 May 2026
- Objection window
- Not applicable to the Code itself, since it is an Act of Parliament. The Central Rules made under the Code carried a 45 day public objection window that opened on 30 December 2025 and closed in mid February 2026
- Legal basis
- Act No. 37 of 2020, passed by Parliament under Entries 22, 23 and 24 of the Concurrent List of the Constitution, which cover labour welfare, social security and factory and boiler safety
- Supersedes
- 13 central labour Acts including the Factories Act 1948, the Mines Act 1952, the Contract Labour (Regulation and Abolition) Act 1970 and the Building and Other Construction Workers Act 1996
- Status as of
- 25 July 2026, fully in force with Central Rules notified and most state governments having issued their own rules under the Code
Introduction
If you run a factory, mine, construction site, plantation, transport business or any other establishment in India, the OSH Code 2020 is now the primary law governing workplace safety, health, welfare and working hours for your employees. It replaced 13 separate central Acts, some over 70 years old, with a single Code. This guide walks through what you need to file, when you need to file it, what changed from the old laws and what happens if you get it wrong.
Forms Employers Must File
Only forms an employer has to fill and submit are listed. Certificates the registering officer issues back to the employer, such as the registration certificate in Form III, are not employer-facing filings and are left out.
| Form No. | Title | Governing Rule | Filed By |
|---|---|---|---|
| Form I | Application for registration of an establishment, and update of an existing registration | Rule 3(1) and Rule 3(6), OSH Central Rules 2026, read with Section 3 of the Code | Employer |
| Form II | Notice of closure of an establishment along with certificate of payment of dues | Rule 3(10), OSH Central Rules 2026, read with Section 3(5) of the Code | Employer |
| Form VI | Notice of commencement or cessation of operation for contract labour or building and construction establishments | Rule 4, OSH Central Rules 2026, read with Section 5 of the Code | Employer |
| Form VII | Prior notice of commencement, reopening, cessation or abandonment of mine operations | Rule 4, proviso, OSH Central Rules 2026 | Employer of the mine |
| Form VIII | Certificate of annual medical examination for workers above 40 years in dock work and construction | Rule 5, OSH Central Rules 2026, read with Section 6(1)(c) of the Code | Employer, jointly with the qualified medical practitioner |
| Form XI | Notice of accidents and dangerous occurrences | Rule 7, OSH Central Rules 2026, read with Sections 10 and 11 of the Code | Employer |
| No number, prescribed format | Letter of appointment issued to every employee | Rule 6, OSH Central Rules 2026, read with Section 6(1)(f) of the Code | Employer |
| No number, prescribed format | Notice of disease for a worker suffering from a notifiable disease | Rule 8, OSH Central Rules 2026, read with Section 12 of the Code | Employer |
Due Dates
Compliance deadlines, the form each one uses and how often it recurs.
| Compliance | Form | Rule Reference | Frequency | Due Date |
|---|---|---|---|---|
| Register a new establishment | Form I | Section 3(1) of the Code | One time, on setting up the establishment | Within 60 days of the Code becoming applicable to the establishment |
| Update an existing registration held under an old labour law | Form I | Rule 3(6), OSH Central Rules 2026 | One time | Within 6 months of 8 May 2026, that is by 7 November 2026 |
| Report a change in registration particulars | Form I amendment | Section 3(4) of the Code and Rule 3(8) | As and when a change occurs | Within 30 days of the change |
| Notify closure of an establishment | Form II | Section 3(5) of the Code | One time, on closure | Within 30 days of closing |
| Issue appointment letters to employees already on the rolls without one | Prescribed format | Section 6(1)(f) of the Code | One time | Within 3 months of the Code coming into force, that is by around 20 February 2026 |
| Report a fatal accident | Form XI | Rule 7(1), OSH Central Rules 2026 | Event based | Forthwith, plus telephone and electronic intimation immediately |
| Report an accident causing 48 hours or more disability | Form XI | Rule 7(2), OSH Central Rules 2026 | Event based | Within 12 hours after the 48 hour disability period is completed |
| Report a dangerous occurrence | Form XI | Rule 7(3), OSH Central Rules 2026 | Event based | Within 12 hours of the occurrence |
| Report a notifiable disease contracted by a worker | Prescribed format | Rule 8, OSH Central Rules 2026 | Event based | Forthwith on becoming aware of the disease |
| Annual medical examination for eligible workers | Form VIII | Rule 5, OSH Central Rules 2026 | Yearly | Once every year, free of cost to the worker |
| Constitute a Safety Committee where the threshold is met | No specific form | Section 22 of the Code and Rule 14, OSH Central Rules 2026 | On crossing the threshold, then ongoing | As soon as the establishment crosses the applicable worker threshold |
| File periodic returns to the Inspector cum Facilitator | As prescribed by the appropriate government | Section 33(d) of the Code | Periodic, as notified by the state or central government | As per the schedule notified for the establishment class |
Key Provisions
The sections that decide what an employer has to do.
Old Law vs. New Law
What employers followed before, against what applies now — point matched against point.
| On this point | Before — earlier law | Now — the new Code |
|---|---|---|
| Number of governing laws | 13 separate central Acts, including the Factories Act 1948, the Mines Act 1952 and the Contract Labour Act 1970, each with its own definitions and procedures | One consolidated Code with common definitions such as employee, wages and establishment used across every sector |
| Registration process | Separate, mostly paper based or portal specific registration under each applicable law | A single electronic registration in Form I on the Shram Suvidha Portal, valid for the establishment under the Code |
| Inspecting officer | Called an Inspector under the Factories Act and the Mines Act, largely associated with a punitive, checklist style visit | Called an Inspector cum Facilitator, with a dual mandate to inspect and to guide employers toward compliance, selected in many cases through a randomised web based scheme |
| Contractor licensing | A contractor needed a fresh licence for each state or establishment under the Contract Labour Act 1970 | A contractor can apply for a common licence covering multiple states or the whole of India under Section 119 of the Code |
| Night work for women | Restricted or required special government permission in most states | Permitted between 7 pm and 6 am with the woman's consent, subject to safety, transport and other safeguards prescribed by the appropriate government |
| Threshold for contract labour provisions | 20 or more contract workers under the Contract Labour Act 1970 | 50 or more contract workers under Section 45 of the Code |
| Eligibility for annual leave with wages | A worker generally needed to have worked 240 days in the calendar year under the Factories Act | A worker needs to have worked only 180 days in the calendar year under Section 32 of the Code |
| Appointment letters | Not mandatory in most of the repealed laws | Mandatory for every employee, in a prescribed format, under Section 6(1)(f) of the Code |
| Nature of penalties | Heavier reliance on imprisonment even for procedural lapses under several old Acts | Mostly monetary penalties for procedural lapses, with imprisonment reserved largely for hazardous process violations, repeat offences and cases involving death or serious injury |
| First time compliance opportunity | No uniform provision to cure a first lapse before prosecution | Section 110 gives an employer 30 days to fix most lapses after a notice, before prosecution can begin, except in accident cases or repeat violations within 3 years |
Applicability
Who the Code covers, and who gets special or exempt treatment.
Covered
- General establishments employing 10 or more workers
- Factories with 20 or more workers using power, or 40 or more without power
- Mines, ports and any place where dock work is carried out, regardless of worker count
- Motor transport undertakings, newspaper establishments, audio visual production units and building or construction work with 10 or more workers
- Plantations covering 5 hectares or more
- Contract labour provisions apply where an establishment or contractor engages 50 or more contract workers
- Inter state migrant worker provisions apply to establishments employing 10 or more such workers
- Beedi and cigar manufacturing premises, where a licence under Section 119 is mandatory
Exempted / special treatment
- Offices of the Central Government and State Governments, except where contract labour is engaged through a contractor and the government is the principal employer
- Any ship of war of any nationality
- Members of the Armed Forces of the Union
- Domestic service, and sovereign functions such as defence research, atomic energy and space, carried out by government departments
- Institutions run wholly or substantially for charitable, social or philanthropic purposes
- Apprentices engaged under the Apprentices Act 1961
- Small residential construction work by an individual or group for their own use, where the cost does not exceed fifty lakh rupees
- Mines used only for prospecting, or for extracting materials such as ordinary sand, clay, kankar or building stone, subject to conditions notified by the Central Government
Penalties
What each default costs, section by section.
Chance to comply first: Section 110 gives an employer 30 days from an Inspector cum Facilitator's notice to correct most lapses before prosecution begins. The grace period does not apply where an accident has already occurred, or where the same violation is repeated within 3 years.
Frequently Asked Questions
Answers to what employers ask us most about this Code.
What is the Occupational Safety, Health and Working Conditions Code, 2020?
It is a central law, Act No. 37 of 2020, that brings together 13 older labour Acts covering factories, mines, plantations, contract labour, construction workers, dock workers and a few other categories of workers into one single Code.
When did the OSH Code actually come into force?
The Code received Presidential assent in September 2020, but it only came into force nationwide on 21 November 2025. The Central Rules that make it fully workable were notified later, on 8 May 2026.
Which establishments does the OSH Code apply to?
As a general rule, it applies to establishments with 10 or more workers. Factories, mines, ports and construction sites have their own specific thresholds, which are covered in the applicability table above.
Do I need to register my establishment again if I was already registered under the Factories Act or another old law?
Yes, but it is a light touch process. You need to update your existing registration details in Form I on the Shram Suvidha Portal within 6 months of the Central Rules coming into force, rather than starting from scratch.
What is an Inspector cum Facilitator?
It is the new designation for what used to be called an Inspector under the Factories Act and similar laws. The role now combines enforcement with a duty to guide and inform employers, and assignments are often made through a randomised, web based scheme.
Can women now legally work night shifts under the OSH Code?
Yes. Women can be employed before 6 am and after 7 pm with their consent, as long as the employer follows the safety, transport and other conditions set by the appropriate government.
What happens if I do not register my establishment on time?
Late registration attracts a late fee, and continuing to run an unregistered establishment can expose the employer to penalties under Section 94 of the Code, which range from two lakh to three lakh rupees for a general contravention.
Is a written appointment letter compulsory for every employee now?
Yes. Section 6 of the Code makes an appointment letter compulsory for every employee, in the format prescribed under the Central Rules. Employees who did not have one before the Code came into force had to be issued one within 3 months.
How is contract labour treated differently under the new Code?
The threshold for the contract labour provisions to apply moved up from 20 workers to 50 workers, contractors can now apply for a common licence valid across states, and engaging contract labour for the core activity of a business is generally restricted.
What counts as a hazardous process under the Code?
The First Schedule to the Code lists specific industries, such as fertiliser manufacturing, petroleum refining and hazardous waste processing, as involving hazardous processes, which trigger extra disclosure, safety and medical examination duties on the employer.
What is the penalty if an accident results in the death of a worker?
Under Section 103, a contravention that results in a worker's death can attract imprisonment of up to 2 years or a fine of not less than five lakh rupees or both, and the court can direct that at least half of the fine be paid as compensation to the victim's family.
Can an employer fix a compliance gap before facing prosecution?
In most cases yes. Section 110 gives an employer 30 days from a notice to correct a lapse before prosecution begins. This grace period does not apply where an accident has already occurred, or where the same type of violation is repeated within 3 years.
Sources of Information
Where every fact on this page comes from.
- → The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020), published in the Gazette of India, Extraordinary, Part II, Section 1, dated 29 September 2020 (official)
- → Ministry of Labour and Employment notification bringing the Code into force with effect from 21 November 2025 (official)
- → Occupational Safety, Health and Working Conditions (Central) Rules, 2026, notified vide G.S.R. 345(E) dated 8 May 2026, Gazette of India, Extraordinary, Part II, Section 3, Sub section (i) (official)
- → Draft Occupational Safety, Health and Working Conditions (Central) Rules, published vide G.S.R. 934(E) dated 30 December 2025, for public objections and suggestions (official)
For informational purposes only — not legal advice. State rules made under this Code vary, and both the Code and its rules are subject to amendment. Check your state's status or verify with our compliance team before acting.