The Occupational Safety, Health and Working Conditions Code, 2020 consolidates 13 central labour laws into a single framework governing workplace safety, health standards, and working conditions in India. It strengthens employer accountability, expands worker coverage including contract workers, migrant workers, and fixed term workers, and promotes uniform, technology enabled compliance and inspections. To address common practical queries related to its provisions, as per the FAQ issued by Ministry of Labour and Employment, the following doubts have been clarified.

Key Objectives of the OSH Code, 2020

• Ensure safe, healthy, and dignified working conditions

• Expand coverage across sectors, including hazardous industries

• Strengthen employer duties and worker entitlements

• Introduce transparent, technology-driven inspections

• Harmonize and simplify India’s occupational safety laws

Applicability and Coverage FAQs

1. Will raising the threshold for the definition of “factory” exclude workers from safety and welfare protections?

Answer:
No. Health, safety, and welfare provisions continue to apply to all establishments employing 10 or more workers, irrespective of the revised factory threshold.

2. Does increasing the licensing threshold for contract labour from 20 to 50 deprive contract workers of protections?

Answer:
No. All establishments with 10 or more employees must comply with safety and welfare provisions. The higher licensing threshold is for administrative ease only and does not reduce worker entitlements.

3. Are health and welfare facilities limited only to large establishments?

Answer:
No. The Code mandates health and safety provisions for all establishments employing 10 or more workers, regardless of size.

Working Hours, Overtime, and Leave

4. Will allowing flexibility up to 12 working hours per day exploit workers?

Answer:
No. The standard working time remains 8 hours per day and 48 hours per week. Extended hours are permitted only with worker consent and require overtime payment at twice the wage rate.

5. What is the eligibility criterion for annual leave with wages?

Answer:
A worker must have worked for 180 days or more in a calendar year to qualify for annual leave with wages.

Women, Transgender, and Vulnerable Worker Protections

6. Is it unsafe to allow women to work night shifts?

Answer:
No. Women are permitted to work night shifts with mandatory consent and subject to adequate safety, transport, and security arrangements, ensuring both equality and protection.

7. Is allowing women to work in hazardous occupations unsafe?

Answer:
No. The Code guarantees women the right to work in all occupations, including hazardous ones, provided adequate safety safeguards are in place.

8. Does the OSH Code provide welfare facilities for transgender workers?

Answer:
Yes. The Code formally recognizes transgender workers and mandates separate bathing, toilet, and restroom facilities, ensuring dignity, privacy, and equal workplace access.

Enforcement, Inspections, and Compliance

9. Will replacing inspectors with inspector-cum-facilitators weaken enforcement?

Answer:
No. The inspector-cum-facilitator system promotes technology-enabled, transparent inspections while encouraging compliance. Improved compliance leads to stronger worker protection, not weaker enforcement.

10. Does rationalizing 13 labour laws into one Code dilute workers’ rights?

Answer:
No. The consolidation harmonizes and simplifies provisions without diluting rights. It removes ambiguities and ensures consistent worker protections across sectors.

11. Does the OSH Code favour employers by reducing penalties?

Answer:
No. Penalties have been rationalized, not reduced. Minor offences may be compoundable, but serious safety violations attract stringent penalties, including imprisonment.

Contract Labour and Migrant Workers

12. Are contract workers and inter-state migrant workers (ISMW) covered under the Code?

Answer:
Yes. The Code does not distinguish between regular, contract, or migrant workers. All categories receive equal safety, health, and welfare protections.

13. Are welfare facilities for contract workers provided?

Answer:
Yes. Welfare facilities for contract workers are now the responsibility of the principal employer, strengthening accountability.

14. Is portability of migrant worker benefits ineffective?

Answer:
No. The Code mandates a toll-free helpline for inter-state migrant workers, enabling them to directly approach the government in case of grievances or difficulties.

Sector-Specific Coverage

15. Are motor transport workers, including drivers, covered under the OSH Code?

Answer:
Yes. Motor transport workers, including drivers, are covered and entitled to provisions related to working hours, rest intervals, safety, health, and welfare.

16. Are stuntmen and dubbing artists excluded from benefits?

Answer:
No. Under the definition of audio-visual workers, stuntmen and dubbing artists are covered and entitled to all applicable safety, health, and welfare benefits.

Employment Type–Specific Rights

17. Are fixed-term employment workers protected under the OSH Code?

Answer:
Yes. Fixed-term workers are fully covered and entitled to benefits such as appointment letters, annual health check-ups, and other statutory protections.

18. Can contract labour workers demand an experience certificate?

Answer:
Yes. A contract worker can legally demand an experience certificate from the concerned contractor.