OSH Code 2020: safety officers, fire duties and penalties at work

OSH Code 2020 at a glance

Factories Act 1948 vs OSH Code 2020

How a factory moves onto the OSH Code

1. 1

   Recount your workers

   Count everyone working on any day of the last 12 months, all shifts together. Under 20 with power, or 40 without, you are not a factory under the Code, unless your state's old law set a different number.

2. 2

   Find which rules bind you

   A factory answers to its state. Check whether your state has final OSH rules (Uttar Pradesh's came on 27 August 2026) or only a draft; until they are final, the old state factory rules continue.

3. 3

   Register the establishment

   An establishment that starts after the Code began must apply for registration electronically within 60 days (s.3), on the portal the appropriate government names.

4. 4

   Appoint safety officers at the lines

   Appoint them at 500 workers, or 250 if you run a hazardous process. In Uttar Pradesh, report each appointment to the Inspector-cum-Facilitator within 7 days (r.45(2)).

5. 5

   Form the safety committee

   Constitute it where your rules require: 500 workers in the Centre's sphere, 250 employees or any hazardous process in Uttar Pradesh. Meet at least once a quarter and minute every meeting.

6. 6

   Write the fire and emergency plan

   A hazardous-process factory needs an on-site emergency plan approved by the Chief Inspector-cum-Facilitator (s.84(4)), and must tell that office 30 days before it starts any new hazardous process.

OSH Code 2020 timeline, from Parliament to the 2026 rules

The Code waited five years between assent and commencement, and the rules are still arriving state by state.

1. 28 September 2020

   The President assents to the Code; it is published the next day as Act No. 37 of 2020. 1OSH Code

2. 6 June 2025

   Gujarat notifies its OSH and Working Conditions Rules, gazetted on 12 June 2025, ahead of the Code itself. 6Gujarat Gazette

3. 21 November 2025

   The Code and the three other Labour Codes take effect, replacing 29 labour laws between them. 3PIB

4. 19 December 2025

   Bihar gazettes its OSH rules; a law-firm tracker records them in force from 1 July 2026. 7Bihar Gazette

5. 30 December 2025

   The Labour Ministry publishes the draft Central Rules, G.S.R. 934(E), for 45 days of objections. 2Gazette of India

6. 28 January 2026

   Draft OSH (Coal Mines) Regulations appear with a fire chapter, rules 126 to 134. 8Ministry of Labour and Employment

7. 8 May 2026

   The OSH (Central) Rules, 2026, G.S.R. 345(E), take effect and supersede 15 older rule sets. 2Gazette of India

8. 30 June 2026

   Rajasthan's OSH rules are notified, with safety officers in rule 39. 9Rajasthan Gazette

9. 7 August 2026

   Andhra Pradesh gazettes its final OSH rules, with safety officers in rule 23. 10AP Gazette

10. 27 August 2026

    Uttar Pradesh notifies its OSH rules, No. 962/XXXVI-03-2026, replacing the UP Factories Rules, 1950. 4UP Gazette

What section 22 of the OSH Code says

The safety officer duty is one sentence. Everything else, how many and with what training, is left to the rules.

The count is of workers "ordinarily employed", not the peak on one day. Section 22(1), just above it, lets the government order a safety committee; it does not create one by itself.

Safety officer requirement under the OSH Code, by workplace

The Code sets the headcount line; the Central Rules and each state's rules set how many officers and who may be one.

Under the Factories Act, s.40B, the line was 1,000 workers and applied only where the state issued a notification. Haryana's draft rules of 4 May 2026 would set the construction line at 200 workers, below the Code's 250.

OSH Code safety officer qualification routes

The Central Rules accept four routes for docks and construction; states set their own for factories, and two of them name fire engineering.

• Central r.18(2)(a)

  Engineering degree plus 2 years

  A recognised degree in any branch of engineering or technology and 2 years of supervisory experience. 2Gazette of India

• Central r.18(2)(b)

  Physics or chemistry degree plus 5 years

  A recognised degree in physics or chemistry and 5 years in a supervisory role. 2Gazette of India

• Central r.18(2)(c)

  Engineering diploma plus 5 years

  A recognised diploma in engineering or technology and 5 years of supervisory experience. 2Gazette of India

• Central r.18(2)(d)

  Industrial-safety degree or diploma

  Recognised by the Central or a State Government, or the PG diploma of the Central Labour Institute or a Regional Labour Institute under DGOSH. 2Gazette of India

• Central r.18(3)

  5 years in enforcement or accident prevention

  An engineering degree or diploma with 5 years in a factories, construction or dock inspectorate, or in accident-prevention training, consultancy or research. 2Gazette of India

• UP r.46(3)

  B.Tech or M.Tech in fire engineering

  Uttar Pradesh accepts a B.Tech or M.Tech in fire engineering or health, safety and environment in place of the industrial-safety diploma. 4UP Gazette

• Gujarat r.21

  Fire engineering as an accepted branch

  For factories, a degree in chemical, mechanical, electrical or fire engineering with 2 years, or a diploma with 6 years, plus a state-recognised industrial-safety qualification. 6Gujarat Gazette

• Central r.20

  DGMS First Class Manager's Certificate

  A coal mine's safety officer must hold the First Class Manager's Certificate of Competency granted by the Directorate General of Mines Safety. 2Gazette of India

Safety committees under the OSH Code

The Code leaves safety committees to government orders; the Central Rules require one at 500 workers and Uttar Pradesh at 250.

Fire safety duties under the OSH Code

The Code has no single fire section like the old s.38. Its fire duties sit in the employer's general duty, the hazardous-process chapter and the rules.

Reporting a fire or accident under the OSH rules

A fire or explosion must be reported within 12 hours even if nobody is hurt. Deaths are reported at once.

OSH Code applicability: who and what it covers

Whether the Code reaches your workplace turns on a few definitions in section 2.

EEstablishment

A place of industry, trade, business, manufacture or occupation with 10 or more workers, and every mine, port or dock regardless of size (s.2(1)(v)). 1OSH Code

FFactory

Premises with 20 or more workers using power, or 40 or more without, on any day of the last 12 months. Hotels, restaurants, eating places and railway running sheds are excluded (s.2(1)(w)). 1OSH Code

HHazardous process

A process in one of the 40 industries in the First Schedule that, without special care, harms health or pollutes the environment (s.2(1)(za)). 1OSH Code

WWorker

Anyone doing manual, technical, clerical or supervisory work for pay, but not managers, and not supervisors earning over ₹18,000 a month (s.2(1)(zzl)). 1OSH Code

OOccupier

Whoever has ultimate control of a factory; in a company, any 1 director other than an independent director (s.2(1)(zs)). 1OSH Code

AAppropriate government

The state, for factories; the Centre, for mines, railways including metro, major ports, oil fields, air transport and Central public sector undertakings (s.2(1)(d)). 1OSH Code

IInspector-cum-Facilitator

The inspector under the Code, appointed under s.34, who advises as well as enforces and must offer 30 days to comply before prosecuting. 1OSH Code

CCompetent person

A person or institution recognised by the Chief Inspector-cum-Facilitator to carry out the tests and inspections the Code requires (s.2(1)(l)). 1OSH Code

OSH Code penalties, section by section

Most breaches now draw a fine set by an officer; prison remains for deaths, serious injury, hazardous-process failures and defying a stop-work order.

Before prosecuting, the Inspector-cum-Facilitator must give 30 days to comply, except after an accident or a repeat within 3 years (s.110). Many offences can be compounded for 50% of the maximum penalty or 75% of the maximum fine (s.114). Directors and managers in charge are liable with the company (s.109). Figures are from the 2020 text; see what we could not confirm below.

The OSH Code in numbers

• 13

  Acts repealed by section 143, the Factories Act, 1948 first among them 1OSH Code

• 29

  Labour laws the four Labour Codes replaced together on 21 November 2025 3PIB

• 40

  Industries listed as hazardous processes, up from 29 under the Factories Act 1OSH Code

• 73

  Matters in the Second Schedule for Central safety standards, item 62 being fire 1OSH Code

• 143

  Sections in the Code, in 14 chapters, with 3 schedules 1OSH Code

• 12 hours

  To report a fire or explosion under rule 7 of the Central Rules 2Gazette of India

OSH Code worked examples: who needs a safety officer

Flamekite's reading of the Code and rules for six workplaces. Your inspector's view prevails.

1. Case 1

   A paint factory in Kanpur

   320 workers making paints and pigments, item 14 of the hazardous-process list

   What applies Above the 250 line for hazardous processes, so at least 1 safety officer under UP rule 45, a safety committee under rule 43 and an on-site emergency plan under s.84(4). 4UP Gazette

2. Case 2

   An engineering works in Lucknow

   1,400 workers, no hazardous process

   What applies UP rule 45 asks for 1 safety officer plus a 2nd for 1,001 to 1,500 workers: 2 in all, and a committee because it has 250 or more employees. 4UP Gazette

3. Case 3

   A metro construction package

   2,600 workers building a metro line, where the Centre is the appropriate government

   What applies Rule 18 of the Central Rules sets 4 safety officers for up to 5,000 workers, each meeting a rule 18(2) or 18(3) route. 2Gazette of India

4. Case 4

   A port cargo terminal

   2,500 dock workers at a major port

   What applies Rule 18 asks for 3 safety officers, the scale for up to 5,000 dock workers, though s.22(2) itself does not name docks. 2Gazette of India

5. Case 5

   An underground coal mine

   1,200 workers

   What applies Rule 20 sets 1 officer per 500 workers or part: 3 officers, each with a DGMS First Class Manager's Certificate (Coal). 2Gazette of India

6. Case 6

   A restaurant kitchen

   25 staff cooking for a 60-seat restaurant

   What applies Not a factory, because s.2(1)(w) excludes eating places; still an establishment of 10 or more workers, so s.6 duties and accident notices apply, but no s.22(2) safety officer. Its fire NOC comes from the state fire law. 1OSH Code

Which OSH rules apply to your workplace

Find the line that describes your workplace.

1. If It is a mine, major port, railway or metro, oil field or a Central public sector establishment

   The OSH (Central) Rules, 2026, G.S.R. 345(E) of 8 May 2026, apply. 2Gazette of India

2. If It is a factory in a state with final OSH rules: Gujarat, Bihar, Rajasthan, Andhra Pradesh or Uttar Pradesh

   Those 5 state rules set your safety officers, committee and factory fire measures. 23LKS trackernews report

3. If It is a factory in a state whose OSH rules are still a draft

   The state's old factory rules under ss.38 and 40B continue during the transition, so far as they do not contradict the Code. 3PIB

4. If It is a workplace in a building of 5 floors or 20 m or more in Uttar Pradesh

   UP rule 12 binds you to Part F of NBCS 2026, on top of the fire NOC under the state's fire law. National Building Code 2026 4UP Gazette

5. If It is a shop, office or hotel with 10 or more workers and no manufacturing

   It is an establishment: s.6 duties and accident reporting apply, but no s.22(2) safety officer is required. 1OSH Code

6. If You want every 2026 change to fire and safety rules in one place

   The new fire safety rules tracker lists the OSH rules beside the 2026 fire laws, dated. New rules in 2026 2Gazette of India

State OSH rules: final, draft or not found

From news reports, not yet an official source.

Where to read the OSH Code and its rules

Official copies, and the bodies that publish the next rule or circular.

• The Code

  PRS Legislative Research

  A copy of the Gazette text of Act 37 of 2020, all 143 sections and 3 schedules. 1OSH Code

  prsindia.org/billtrack/the-occupational-safety-health-and-working-conditions-code-2020 ↗

• Central notifications

  eGazette of India

  The Central Rules, G.S.R. 345(E) of 8 May 2026, and every later Central notification under the Code. 2Gazette of India

  egazette.gov.in ↗

• Rules and drafts

  Ministry of Labour and Employment

  The 318-page bilingual Central Rules, drafts such as the 2026 mine regulations, and subsidiary notifications. 17Labour Ministry

  labour.gov.in ↗

• Factories and training

  DGOSH, Mumbai

  The Factories Act copy, model rules and admission notices for the 1-year ADIS and PDIS diplomas. 18DGOSH

  dgfasli.gov.in ↗

• Mines

  Directorate General of Mines Safety

  The Coal Mines Regulations 2017, a copy of the Central Rules filed on 12 May 2026, and mine circulars. 19DGMS

  dgms.gov.in ↗

OSH Code myths about fire safety

• You may have read

  The OSH Code requires every big workplace to hire a fire safety officer.

  Myth

  What the sources say

  It requires safety officers under s.22(2). A Fire Safety Officer is a state fire law role: the 2019 Model Fire Bill puts it in s.26, with a penalty of ₹10 to ₹50 per m² a month for not appointing one. 20DGFS, MHA

• You may have read

  The Factories Act stopped mattering on 21 November 2025.

  Myth

  What the sources say

  The Act is repealed, but its state factory rules continue during the transition wherever a state has no final OSH rules. 3PIB

• You may have read

  A restaurant or hotel with 20 staff is now a factory.

  Myth

  What the sources say

  Section 2(1)(w) excludes hotels, restaurants and eating places from the factory definition, whatever their headcount. 1OSH Code

• You may have read

  Every establishment of 500 workers must have a safety committee because the Code says so.

  Myth

  What the sources say

  Section 22(1) only lets the government order one; the 500 line comes from rule 14 of the Central Rules, and UP's rules use 250. 2Gazette of India

• You may have read

  OSH compliance replaces the fire NOC.

  Myth

  What the sources say

  It does not. Uttar Pradesh's factory plan approval itself asks for a no-objection letter from the Fire Department, issued under the state fire law. 4UP Gazette

What the OSH Code means for fire and safety officer jobs

The lower headcount lines mean more statutory safety officer posts, and two states now name fire engineering in the qualification.

What Flamekite could not confirm about the OSH Code

Gaps a reader would expect us to fill, and what to do until they are filled.