The Occupational Safety, Health and Working Conditions Code, 2020

Chapter I

Preliminary

2 sections

S. 1 Short title, commencement and application +

Section 1 of the OSH Code: Short title, commencement and application

S. 2 Definitions +

Section 2 of the OSH Code: Definitions

Chapter II

Registration

3 sections

S. 3 Registration of certain establishments +

Section 3 of the OSH Code: Registration of certain establishments

S. 4 Appeal +

Section 4 of the OSH Code: Appeal

S. 5 Notice by employer of commencement and cessation of operation +

Section 5 of the OSH Code: Notice by employer of commencement and cessation of operation

Chapter III

Duties of Employer and Employees, etc.

10 sections

S. 6 Duties of employer +

Section 6 of the OSH Code: Duties of employer

S. 7 Duties and responsibilities of owner, agent and manager in relation to mine +

Section 7 of the OSH Code: Duties and responsibilities of owner, agent and manager in relation to mine

S. 8 Duties of designers, manufacturers, importers or suppliers +

Section 8 of the OSH Code: Duties of designers, manufacturers, importers or suppliers

S. 9 Duties of architect, project engineer and designer +

Section 9 of the OSH Code: Duties of architect, project engineer and designer

S. 10 Notice of certain accident +

Section 10 of the OSH Code: Notice of certain accident

S. 11 Notice of certain dangerous occurrences +

Section 11 of the OSH Code: Notice of certain dangerous occurrences

S. 12 Notice of certain diseases +

Section 12 of the OSH Code: Notice of certain diseases

S. 13 Duties of employee +

Section 13 of the OSH Code: Duties of employee

S. 14 Rights of employee +

Section 14 of the OSH Code: Rights of employee

S. 15 Duty not to interfere with or misuse things +

Section 15 of the OSH Code: Duty not to interfere with or misuse things

Chapter IV

Occupational Safety and Health

7 sections

S. 16 National Occupational Safety and Health Advisory Board +

Section 16 of the OSH Code: National Occupational Safety and Health Advisory Board

S. 17 State Occupational Safety and Health Advisory Board +

Section 17 of the OSH Code: State Occupational Safety and Health Advisory Board

S. 18 Occupational safety and health standards +

Section 18 of the OSH Code: Occupational safety and health standards

S. 19 Research related activities +

Section 19 of the OSH Code: Research related activities

S. 20 Safety and occupational health surveys +

Section 20 of the OSH Code: Safety and occupational health surveys

S. 21 Collection of statistics and portal for inter-State migrant workers +

Section 21 of the OSH Code: Collection of statistics and portal for inter-State migrant workers

S. 22 Safety Committee and safety officers +

Section 22 of the OSH Code: Safety Committee and safety officers

Chapter V

Health, Safety and Working Conditions

1 sections

S. 23 Responsibility of employer for maintaining health, safety and working conditions +

Section 23 of the OSH Code: Responsibility of employer for maintaining health, safety and working conditions

Chapter VI

Welfare Provisions

1 sections

S. 24 Welfare facilities in the establishment, etc +

Section 24 of the OSH Code: Welfare facilities in the establishment, etc

Chapter VII

Hours of Work and Annual Leave with Wages

8 sections

S. 25 Daily and weekly working hours, leave, etc +

Section 25 of the OSH Code: Daily and weekly working hours, leave, etc

S. 26 Weekly and compensatory holidays +

Section 26 of the OSH Code: Weekly and compensatory holidays

S. 27 Extra wages for overtime +

Section 27 of the OSH Code: Extra wages for overtime

S. 28 Night shifts +

Section 28 of the OSH Code: Night shifts

S. 29 Prohibition of overlapping shifts +

Section 29 of the OSH Code: Prohibition of overlapping shifts

S. 30 Restriction on double employment in factory and mine +

Section 30 of the OSH Code: Restriction on double employment in factory and mine

S. 31 Notice of periods of work +

Section 31 of the OSH Code: Notice of periods of work

S. 32 Annual leave with wages, etc +

Section 32 of the OSH Code: Annual leave with wages, etc

Chapter VIII

Maintenance of Registers, Records and Returns

1 sections

S. 33 Maintenance of registers, records and filing of returns +

Section 33 of the OSH Code: Maintenance of registers, records and filing of returns

Chapter IX

Inspector-cum-Facilitators and Other Authority

9 sections

S. 34 Appointment of Inspector-cum-Facilitators +

Section 34 of the OSH Code: Appointment of Inspector-cum-Facilitators

S. 35 Powers of Inspector-cum-Facilitators +

Section 35 of the OSH Code: Powers of Inspector-cum-Facilitators

S. 36 Powers and duties of District Magistrate +

Section 36 of the OSH Code: Powers and duties of District Magistrate

S. 37 Third party audit and certification +

Section 37 of the OSH Code: Third party audit and certification

S. 38 Special powers of Inspector-cum-Facilitator in respect of factory, mines, dock work and building or other construction work +

Section 38 of the OSH Code: Special powers of Inspector-cum-Facilitator in respect of factory, mines, dock work and building or other construction work

S. 39 Secrecy of information by Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, etc +

Section 39 of the OSH Code: Secrecy of information by Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, etc

S. 40 Facilities to be afforded to Inspector-cum-Facilitator +

Section 40 of the OSH Code: Facilities to be afforded to Inspector-cum-Facilitator

S. 41 Powers of special officer to enter, measure, etc., in relation to mine +

Section 41 of the OSH Code: Powers of special officer to enter, measure, etc., in relation to mine

S. 42 Medical officer +

Section 42 of the OSH Code: Medical officer

Chapter X

Special Provision Relating to Employment of Women

2 sections

S. 43 Employment of women +

Section 43 of the OSH Code: Employment of women

S. 44 Adequate safety of employment of women in dangerous operation +

Section 44 of the OSH Code: Adequate safety of employment of women in dangerous operation

Chapter XI

Special Provisions for Contract Labour and Inter-State Migrant Worker, etc.

49 sections

S. 45 Applicability of this Part +

Section 45 of the OSH Code: Applicability of this Part

S. 46 Appointment of designated authority +

Section 46 of the OSH Code: Appointment of designated authority

S. 47 Licensing of contractors +

Section 47 of the OSH Code: Licensing of contractors

S. 48 Procedure for issue or renewal of licence +

Section 48 of the OSH Code: Procedure for issue or renewal of licence

S. 49 No fees or commission or any cost to workers +

Section 49 of the OSH Code: No fees or commission or any cost to workers

S. 50 Information regarding work order to be given to the appropriate Government +

Section 50 of the OSH Code: Information regarding work order to be given to the appropriate Government

S. 51 Revocation, suspension and amendment of licence +

Section 51 of the OSH Code: Revocation, suspension and amendment of licence

S. 52 Appeal +

Section 52 of the OSH Code: Appeal

S. 53 Liability of principal employer for welfare facilities +

Section 53 of the OSH Code: Liability of principal employer for welfare facilities

S. 54 Effect of employing contract labour from a non-licenced contractor +

Section 54 of the OSH Code: Effect of employing contract labour from a non-licenced contractor

S. 55 Responsibility for payment of wages +

Section 55 of the OSH Code: Responsibility for payment of wages

S. 56 Experience certificate +

Section 56 of the OSH Code: Experience certificate

S. 57 Prohibition of employment of contract labour +

Section 57 of the OSH Code: Prohibition of employment of contract labour

S. 58 Power to exempt in special cases +

Section 58 of the OSH Code: Power to exempt in special cases

PART II — INTER-STATE MIGRANT WORKERS

S. 59 Applicability of Part II +

Section 59 of the OSH Code: Applicability of Part II

S. 60 Facilities to inter-State migrant workers +

Section 60 of the OSH Code: Facilities to inter-State migrant workers

S. 61 Journey allowance +

Section 61 of the OSH Code: Journey allowance

S. 62 Benefits of public distribution system, etc +

Section 62 of the OSH Code: Benefits of public distribution system, etc

S. 63 Toll free helpline +

Section 63 of the OSH Code: Toll free helpline

S. 64 Study of inter-State migrant workers +

Section 64 of the OSH Code: Study of inter-State migrant workers

S. 65 Past liabilities +

Section 65 of the OSH Code: Past liabilities

PART III — AUDIO-VISUAL WORKERS

S. 66 Prohibition of employment of audio-visual worker without agreement +

Section 66 of the OSH Code: Prohibition of employment of audio-visual worker without agreement

PART IV — MINES

S. 67 Managers +

Section 67 of the OSH Code: Managers

S. 68 Code not to apply in certain cases +

Section 68 of the OSH Code: Code not to apply in certain cases

S. 69 Exemption from provision regarding employment +

Section 69 of the OSH Code: Exemption from provision regarding employment

S. 70 Employment of persons below eighteen years of age +

Section 70 of the OSH Code: Employment of persons below eighteen years of age

S. 71 Exemption to certain persons +

Section 71 of the OSH Code: Exemption to certain persons

S. 72 Establishment, maintenance of rescue services and vocational training +

Section 72 of the OSH Code: Establishment, maintenance of rescue services and vocational training

S. 73 Decision of question whether a mine is covered under this Code +

Section 73 of the OSH Code: Decision of question whether a mine is covered under this Code

PART V — BEEDI AND CIGAR WORKERS

S. 74 Licence to industrial premises and person +

Section 74 of the OSH Code: Licence to industrial premises and person

S. 75 Appeals +

Section 75 of the OSH Code: Appeals

S. 76 Permission to work by employees outside industrial premises +

Section 76 of the OSH Code: Permission to work by employees outside industrial premises

S. 77 Part not to apply to self-employed persons in private dwelling houses +

Section 77 of the OSH Code: Part not to apply to self-employed persons in private dwelling houses

PART VI — BUILDING OR OTHER CONSTRUCTION WORKERS

S. 78 Prohibition of employment of certain persons in certain building or other construction work +

Section 78 of the OSH Code: Prohibition of employment of certain persons in certain building or other construction work

PART VII — FACTORIES

S. 79 Approval and licensing of factories +

Section 79 of the OSH Code: Approval and licensing of factories

S. 80 Liability of owner of premises in certain circumstances +

Section 80 of the OSH Code: Liability of owner of premises in certain circumstances

S. 81 Power to apply Code to certain premises +

Section 81 of the OSH Code: Power to apply Code to certain premises

S. 82 Dangerous operations +

Section 82 of the OSH Code: Dangerous operations

S. 83 Constitution of site appraisal committee +

Section 83 of the OSH Code: Constitution of site appraisal committee

S. 84 Compulsory disclosure of information by occupier +

Section 84 of the OSH Code: Compulsory disclosure of information by occupier

S. 85 Specific responsibility of the occupier in relation to hazardous processes +

Section 85 of the OSH Code: Specific responsibility of the occupier in relation to hazardous processes

S. 86 National Board to inquire into certain situations +

Section 86 of the OSH Code: National Board to inquire into certain situations

S. 87 Emergency standards +

Section 87 of the OSH Code: Emergency standards

S. 88 Permissible limits of exposure of chemicals and toxic substances +

Section 88 of the OSH Code: Permissible limits of exposure of chemicals and toxic substances

S. 89 Right of workers to warn about imminent danger +

Section 89 of the OSH Code: Right of workers to warn about imminent danger

S. 90 Appeal against the order of Inspector-cum-Facilitator in case of factory +

Section 90 of the OSH Code: Appeal against the order of Inspector-cum-Facilitator in case of factory

S. 91 Power to make rules to exempt +

Section 91 of the OSH Code: Power to make rules to exempt

PART VIII — PLANTATION

S. 92 Facilities for workers in plantation +

Section 92 of the OSH Code: Facilities for workers in plantation

S. 93 Safety +

Section 93 of the OSH Code: Safety

Chapter XII

Offences and Penalties

21 sections

S. 94 General penalty for offences +

Section 94 of the OSH Code: General penalty for offences

S. 95 Punishment for causing obstruction to Chief Inspector-cum-Facilitator or Inspector-cum - Facilitator, etc +

Section 95 of the OSH Code: Punishment for causing obstruction to Chief Inspector-cum-Facilitator or Inspector-cum - Facilitator, etc

S. 96 Penalty for non-maintenance of register, records and non-filing of returns, etc +

Section 96 of the OSH Code: Penalty for non-maintenance of register, records and non-filing of returns, etc

S. 97 Punishment for contravention of certain provisions +

Section 97 of the OSH Code: Punishment for contravention of certain provisions

S. 98 Punishment for falsification of records, etc +

Section 98 of the OSH Code: Punishment for falsification of records, etc

S. 99 Penalty for omission to furnish plans, etc +

Section 99 of the OSH Code: Penalty for omission to furnish plans, etc

S. 100 Punishment for disclosure of information +

Section 100 of the OSH Code: Punishment for disclosure of information

S. 101 Punishment for wrongfully disclosing results of analysis +

Section 101 of the OSH Code: Punishment for wrongfully disclosing results of analysis

S. 102 Punishment for contravention of provisions of duties relating to hazardous processes +

Section 102 of the OSH Code: Punishment for contravention of provisions of duties relating to hazardous processes

S. 103 Punishment for contravention of provisions of duties relating to safety provisions resulting in an accident +

Section 103 of the OSH Code: Punishment for contravention of provisions of duties relating to safety provisions resulting in an accident

S. 104 Special provision for contravention of order under section 38 +

Section 104 of the OSH Code: Special provision for contravention of order under section 38

S. 105 Failure to appoint manager in mine +

Section 105 of the OSH Code: Failure to appoint manager in mine

S. 106 Offences by employees +

Section 106 of the OSH Code: Offences by employees

S. 107 Prosecution of owner, agent or manager of mine +

Section 107 of the OSH Code: Prosecution of owner, agent or manager of mine

S. 108 Exemption of owner, agent or manager of mine or occupier of factory from liability in certain cases +

Section 108 of the OSH Code: Exemption of owner, agent or manager of mine or occupier of factory from liability in certain cases

S. 109 Offences by companies, etc +

Section 109 of the OSH Code: Offences by companies, etc

S. 110 Limitation of prosecution and cognizance of offences +

Section 110 of the OSH Code: Limitation of prosecution and cognizance of offences

S. 111 Power of officers of appropriate Government to impose penalty in certain cases +

Section 111 of the OSH Code: Power of officers of appropriate Government to impose penalty in certain cases

S. 112 Jurisdiction of court for entertaining proceedings, etc., for offence +

Section 112 of the OSH Code: Jurisdiction of court for entertaining proceedings, etc., for offence

S. 113 Power of court to make orders +

Section 113 of the OSH Code: Power of court to make orders

S. 114 Composition of certain offences +

Section 114 of the OSH Code: Composition of certain offences

Chapter XIII

Social Security Fund

1 sections

S. 115 Social security fund +

Section 115 of the OSH Code: Social security fund

Chapter XIV

Miscellaneous

28 sections

S. 116 Delegation of powers +

Section 116 of the OSH Code: Delegation of powers

S. 117 Onus as to age +

Section 117 of the OSH Code: Onus as to age

S. 118 Onus of proving limits of what is practicable, etc +

Section 118 of the OSH Code: Onus of proving limits of what is practicable, etc

S. 119 Common licence for contractor, factories and to industrial premises, etc +

Section 119 of the OSH Code: Common licence for contractor, factories and to industrial premises, etc

S. 120 Effect of law and agreements inconsistent with Code +

Section 120 of the OSH Code: Effect of law and agreements inconsistent with Code

S. 121 Power of appropriate Government to direct inquiry in certain cases +

Section 121 of the OSH Code: Power of appropriate Government to direct inquiry in certain cases

S. 122 Publication of reports +

Section 122 of the OSH Code: Publication of reports

S. 123 Powers of Central Government to give directions +

Section 123 of the OSH Code: Powers of Central Government to give directions

S. 124 General restriction on disclosure of information +

Section 124 of the OSH Code: General restriction on disclosure of information

S. 125 Jurisdiction of civil courts barred +

Section 125 of the OSH Code: Jurisdiction of civil courts barred

S. 126 Protection of action taken in good faith +

Section 126 of the OSH Code: Protection of action taken in good faith

S. 127 Power to exempt in special cases +

Section 127 of the OSH Code: Power to exempt in special cases

S. 128 Power to exempt during public emergency +

Section 128 of the OSH Code: Power to exempt during public emergency

S. 129 Power to exempt public institution +

Section 129 of the OSH Code: Power to exempt public institution

S. 130 Persons required to give notice, etc., legally bound to do so +

Section 130 of the OSH Code: Persons required to give notice, etc., legally bound to do so

S. 131 Power of Central Government to amend Schedule +

Section 131 of the OSH Code: Power of Central Government to amend Schedule

S. 132 Power to remove difficulties +

Section 132 of the OSH Code: Power to remove difficulties

S. 133 Power of appropriate Government to make rules +

Section 133 of the OSH Code: Power of appropriate Government to make rules

Rules under this section OSH Central Rules

S. 134 Power of Central Government to make rules +

Section 134 of the OSH Code: Power of Central Government to make rules

Rules under this section OSH Central Rules

S. 135 Power of State Government to make rules +

Section 135 of the OSH Code: Power of State Government to make rules

S. 136 Power of Central Government to make regulations in relation to mines and dock work +

Section 136 of the OSH Code: Power of Central Government to make regulations in relation to mines and dock work

S. 137 Prior publication of rules, etc +

Section 137 of the OSH Code: Prior publication of rules, etc

S. 138 Power to make regulation without previous publication +

Section 138 of the OSH Code: Power to make regulation without previous publication

S. 139 Bye-laws +

Section 139 of the OSH Code: Bye-laws

S. 140 Powers to regulate general safety and health +

Section 140 of the OSH Code: Powers to regulate general safety and health

S. 141 Laying of regulations, rules, bye-laws, etc., before Parliament +

Section 141 of the OSH Code: Laying of regulations, rules, bye-laws, etc., before Parliament

S. 142 Laying of rules made by State Government +

Section 142 of the OSH Code: Laying of rules made by State Government

S. 143 Repeal and Savings +

Section 143 of the OSH Code: Repeal and Savings

Schedules

• Schedule I First Schedule
• Schedule II Second Schedule
• Schedule III Third Schedule