Occupational Safety is a comprehensive legal concept and a body of law in India, primarily codified in the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code, 2020). The concept originated with the need to protect workers from industrial hazards, leading to Independent India's first major legislation, the Factories Act, 1948, which came into force on April 1, 1949. This foundational Act required employers to ensure cleanliness, prevent overcrowding, and provide clean drinking water in the workplace.
The current mechanism is the OSH Code, 2020, which received the President's assent on September 28, 2020, and is one of the four new labor codes. The Code mandates that every employer must ensure the workplace is free from hazards that may cause injury or occupational disease. Key provisions include the requirement for employers to provide free annual health examinations to employees in notified establishments. The Code also establishes an "Inspector-cum-Facilitator" model and grants employees the right to obtain health and safety information and report concerns.
The concept connects to related institutions like the Directorate General of Factory Advisory Services & Labour Institutes (DGFASLI), which assists the Ministry of Labour & Employment in formulating national policies. It is also linked to social security laws like the Employees' State Insurance Act, 1948, and the Workmen's Compensation Act, 1923, which address compensation for work-related injuries. The OSH Code, 2020, recently replaced and consolidated 13 central labor laws, including the Factories Act, 1948, the Mines Act, 1952, and the Contract Labour (Regulation and Abolition) Act, 1970. A significant change is the shift from criminal penalties to enhanced monetary fines for certain offenses, with a mandatory 30-day notice for compliance before legal action. The Code also permits women to work before 6 a.m. and after 7 p.m., subject to their consent and safety measures.