70, Understanding the Code of Occupational Safety and Health through key highlights

Who Is Covered Under This Code

The applicability of this code depends on whether an organisation employs workers. A worker is defined as an individual who is not performing managerial, administrative, or supervisory duties and whose wages fall below the prescribed threshold.

Organisations with ten or more workers fall within the scope of this code. Employees who do not meet the definition of a worker are not covered under most provisions of this legislation.

Changes in the Definition of Factories and Establishments

One of the notable changes introduced by this code is the revised definition of a factory. A factory now requires at least twenty workers where power is used, and forty workers where power is not used.

However, many obligations under the code still apply to establishments employing ten or more workers, regardless of whether they qualify as factories.

Inter‑State and Sales Promotion Workers

The code introduces specific recognition for inter‑state workers—individuals who move from one state to another for employment and earn below the wage threshold.

Sales promotion employees who meet the wage criteria are also brought under the code, ensuring uniform safety and welfare standards for field‑based roles.

Core Employer Responsibilities

Employers are required to provide wage slips before salary disbursement, maintain registers, and keep records in prescribed formats. Electronic record‑keeping is explicitly permitted under the code.

Workplaces must provide basic facilities such as drinking water, ventilation, lighting, and hygienic working conditions. Separate restrooms for men, women, and transgender persons are mandatory.

Health, Safety, and Welfare Measures

Annual health check‑ups are required for workers above forty‑five years of age and periodic check‑ups for younger workers. Employers must also provide appointment letters in the prescribed format.

Any workplace accident resulting in death or serious injury must be reported to labour authorities in addition to other statutory reporting requirements.

Working Hours, Overtime, and Leave

Workers are generally not permitted to work more than six days a week. Overtime must be compensated at twice the wage rate and can only be performed with the worker’s explicit consent.

Overtime limits are capped and governed by state rules. Compensatory off must be provided when workers are required to work on holidays or weekly rest days.

Women Workers and Night Shifts

Women are now permitted to work during night shifts, provided they give written consent and the employer complies with prescribed safety measures.

State‑specific safety protocols relating to transport, lighting, security, and supervision must be followed without exception.

Contract Labour and Core Activities

The code restricts the use of contract labour in core business activities, except for genuinely seasonal or short‑term requirements.

This provision brings long‑needed clarity to the distinction between permanent operations and outsourced activities.

Why This Code Matters for Employers

The Occupational Safety and Health Code moves compliance beyond documentation and places real responsibility on employers to create safe, humane working environments.

Proper implementation reduces workplace risk, improves wellbeing, and strengthens long‑term organisational sustainability.

Related Podcast Episode

This article is based on the transcript of the original podcast of the same name featured in India HR Guide.
The transcript has been translated into this article with the support of AI and a human‑in‑the‑loop process.