Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) is the fourth of India's four Labour Codes, consolidating thirteen existing statutes governing workplace safety, health, and conditions of service into a single comprehensive code. Under Indian law, the Code was passed by Parliament in September 2020, but as of March 2026, it has not been notified for implementation — the thirteen existing Acts, including the Factories Act, 1948 and the Mines Act, 1952, continue to apply.
Legal definition
The OSH Code, 2020 creates a unified framework for occupational safety and working conditions:
Thirteen Acts consolidated:
- Factories Act, 1948
- Mines Act, 1952
- Dock Workers (Safety, Health and Welfare) Act, 1986
- Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
- Plantations Labour Act, 1951
- Contract Labour (Regulation and Abolition) Act, 1970
- Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
- Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
- Working Journalists (Fixation of Rates of Wages) Act, 1958
- Motor Transport Workers Act, 1961
- Sales Promotion Employees (Conditions of Service) Act, 1976
- Beedi and Cigar Workers (Conditions of Employment) Act, 1966
- Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
Key provisions:
| Feature | Previous Position | OSH Code |
|---|---|---|
| Registration | Separate licence per Act | Single registration for all establishments — Section 3 |
| Women in night shifts | Generally prohibited in factories | Permitted with safety conditions — Section 43 |
| Contract labour threshold | 20 workers | 50 workers — Section 57 |
| Inter-state migrant workers | Separate Act, poor enforcement | Integrated provisions — Sections 59-62 |
| Working hours | 48 hours/week (Factories); varies elsewhere | To be prescribed, with overtime cap |
| Annual health check-up | Not mandatory | Mandatory for hazardous industries — Section 6(1)(g) |
Section 6 — Duties of employer:
Every employer shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the establishment.
Women in night shifts (Section 43): Women are permitted to work between 7 PM and 6 AM in all establishments, provided the employer ensures safety, transport, and working conditions as may be prescribed. This reverses the decades-old prohibition in the Factories Act that barred women from night work.
How courts have interpreted this term
Consumer Education & Research Centre v. Union of India [(1995) 3 SCC 42]
The Supreme Court held that the right to health and safety at the workplace is a fundamental right under Article 21 (right to life). The Court directed that workers in hazardous industries must be provided periodic health examinations, insurance coverage, and safe working conditions. The Court established that the State has an obligation to ensure that employers maintain prescribed safety standards, and failure to do so is a violation of constitutional guarantees. This decision provides the constitutional foundation for the OSH Code.
M.C. Mehta v. Union of India [(1987) 1 SCC 395]
The Supreme Court, in the oleum gas leak case, established the doctrine of absolute liability for enterprises engaged in inherently dangerous activities. The Court held that such enterprises owe an absolute duty to the community to ensure that no harm results from their operations — a duty that cannot be delegated to contractors or defeated by claiming due diligence. This principle underpins the OSH Code's provisions on hazardous processes.
Kirloskar Brothers v. Employees' State Insurance Corporation [(1996) 2 SCC 682]
The Supreme Court held that the definition of "factory" must be interpreted in light of the protective purpose of the legislation. Contract labour working within the premises of an establishment are to be counted for determining whether the establishment meets the threshold for coverage. This interpretive approach is relevant to the OSH Code's revised thresholds.
Why this matters
The OSH Code aims to modernise India's occupational safety framework, which has been fragmented across thirteen separate statutes — some dating to the colonial era. The consolidation creates a single compliance framework, reducing the regulatory burden on establishments that previously had to obtain multiple licences and comply with overlapping requirements.
The permission for women to work night shifts is a landmark reform. The Factories Act's prohibition on women working at night was widely criticised as paternalistic and discriminatory. The OSH Code replaces the blanket ban with a conditional permission, requiring employers to provide adequate safety, transportation, and facilities. This is particularly significant for India's IT and BPO sectors, which employ millions of women in shift-based work.
The migrant worker provisions (Sections 59-62) address a critical gap exposed by the COVID-19 pandemic. The existing Interstate Migrant Workmen Act, 1979 was poorly enforced, leaving millions of migrant workers without basic protections. The Code mandates registration of migrant workers, provision of journey allowance, a displacement allowance, and suitable working conditions. However, the effectiveness of these provisions depends entirely on implementation — and the Code remains unnotified.
Related terms
Subsumed legislation:
Sibling codes:
Frequently asked questions
Is the OSH Code in force as of 2026?
No. The OSH Code, 2020 has not been notified for implementation as of March 2026. All thirteen existing Acts continue to apply. The implementation depends on both central and state governments notifying the rules, as many provisions (particularly working hours, overtime, and safety standards) require detailed rules to be prescribed.
Can women now work night shifts in factories?
Under the existing Factories Act, 1948 (Section 66), women are generally prohibited from working between 7 PM and 6 AM. However, some state governments have already amended their state Factories Rules to permit women in night shifts with conditions. The OSH Code formally permits night work for women across all establishments with prescribed safety conditions, but since the Code is not yet in force, the permissibility depends on state-level amendments to the existing Factories Act.
What changes for inter-state migrant workers?
The OSH Code strengthens protections for migrant workers by: mandating self-registration through an online portal, requiring the employer to provide suitable working conditions, ensuring portability of welfare benefits through the Aadhaar-based system, providing journey allowance for travel to the home state, and granting a displacement allowance. However, these provisions depend on the Code being operationalised and the digital infrastructure being built.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.