"Worker" means a person (except an apprentice under the Apprentices Act, 1961) employed in any manufacturing process or in cleaning any part of machinery used in a manufacturing process, or in any other kind of work incidental to or connected with the manufacturing process or the subject of the manufacturing process.

The definition includes:

• Persons employed directly or through an agency (including a contractor)
• Persons employed for wages whether working on the premises or not
• Persons employed in ancillary activities (repairs, maintenance, security, cleaning)

The definition excludes:

• Members of the Armed Forces of the Union
• Persons holding supervisory/managerial positions earning above the prescribed wage limit

"Hazardous Process" means any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken:

• The raw materials used in or the by-products, wastes or effluents of such process are capable of causing material impairment to the health of the persons engaged in or connected therewith, OR
• Such process results in pollution of the general environment

"Manufacturing Process" means any process for:

• Making, altering, repairing, ornamenting, finishing, packing, or breaking up or demolishing any article
• Treating or adapting any article or substance with a view to its use, sale, transport, delivery, or disposal
• Pumping oil, water, sewage, or any other substance
• Generating, transforming, or transmitting power
• Composing types for printing, lithography, photography, or other similar process
• Constructing, reconstructing, repairing, refitting, finishing, or breaking up ships or vessels
• Preserving or storing any article in cold storage

"Mine" means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on. This includes:

• All open cast workings (surface mines)
• All shafts in connection with a mine (whether in the course of being sunk or otherwise)
• All levels and inclined planes in connection with a mine
• All works, machinery, tramways and sidings on or above the surface of the mine
• All buildings and structures on the surface used in connection with mine operations

"Contract Labour" means a worker who is hired in connection with the work of an establishment through a contractor, with or without the knowledge of the principal employer. Includes inter-state migrant workers employed by or through a contractor.

Does NOT include: a worker who is regularly employed by the contractor and whose employment conditions are governed by mutually accepted permanent employment terms with periodical increments and social security coverage.

"Principal Employer" means:

"Notifiable Disease" means any disease listed in the Third Schedule of the Code. These are occupational diseases that are known to be contracted as a direct result of specific industrial exposures.

Examples include: silicosis (stone/sand workers), asbestosis, lead poisoning, mercury poisoning, manganism, berylliosis, byssinosis (cotton dust), occupational deafness, and various forms of occupational cancer.

Reporting obligations:

• When a worker is found to be suffering from a notifiable disease, the manager of the factory must send a notice to the Chief Inspector-cum-Facilitator
• The notice must also be sent to the prescribed authority (usually the State Labour Commissioner)
• The certifying surgeon examining the worker must also report to the Chief Inspector if they discover a notifiable disease
• Failure to report is a punishable offence

"Appropriate Government" means:

"Plantation" means any land used or intended to be used for growing tea, coffee, rubber, cinchona, or cardamom (or such other plants as notified by the Central Government), which:

• Admeasures 5 hectares or more, AND
• In which 5 or more persons are employed or were employed on any day of the preceding 12 months

Plantations with less than 5 workers or less than 5 hectares may be notified to be included by the State Government.

Chapter X special provisions for plantations include:

• Employer must provide housing for resident workers (rent-free or at nominal rent)
• Medical facilities including dispensary and visiting doctor
• Schools for workers' children where 25 or more children between 6–12 years are present
• Recreational facilities, umbrellas, rain coats during rainy season
• Welfare Officer where 300+ workers employed

The OSH Code adopts the same definition of "wages" as the Code on Wages, 2019:

"Wages" means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money or capable of being so expressed, which would be payable to a person if the terms of employment were fulfilled. It includes:

• Basic pay
• Dearness allowance
• Retaining allowance

It excludes: HRA, PF contributions, overtime allowance, gratuity, commission, conveyance allowance, bonuses not part of employment terms.

The Code applies across the whole of India to the following types of establishments:

"Factory" means any premises (including precincts thereof) where:

• 10 or more workers are working or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is carried on with the aid of power, OR
• 20 or more workers are working or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is carried on without the aid of power

Does NOT include:

• A mine subject to the operation of the Mines Act (covered under Chapter VII)
• A mobile unit belonging to the armed forces
• A railway running shed
• A hotel, restaurant or eating place

The OSH Code primarily applies to manufacturing and industrial workplaces. A standard IT office/software company is generally not a "factory" under the Code because it does not carry out a "manufacturing process."

However, IT/ITES establishments may be covered under the OSH Code if they:

• Employ working journalists or sales promotion employees (covered regardless of sector)
• Engage contract labour with 50+ workers on a given day
• Carry on any process that qualifies as a manufacturing process under the definition

"Occupier" of a factory means the person who has ultimate control over the affairs of the factory. In practice:

Every employer must ensure, so far as is reasonably practicable, the health, safety and welfare of all their employees. Specific duties include:

• Provide and maintain plant and systems of work that are safe and without risks to health
• Make arrangements for ensuring safety and absence of health risks in use, handling, storage and transport of articles and substances
• Provide such information, instruction, training and supervision as necessary to ensure employee safety
• Maintain all places of work in a safe condition without risks to health, including safe means of access and exit
• Provide and maintain a working environment safe and without risks to health, including adequate welfare facilities
• Prepare and display a written statement of general policy regarding health and safety of employees

Any person who designs, manufactures, imports or supplies any article or substance for use at work must:

• Ensure the article is designed and constructed to be safe and without risks to health when properly used
• Carry out or arrange for necessary testing and examination to ensure safety
• Take steps to ensure the availability of adequate information about the use for which the article is designed, including conditions of use, safe operation, maintenance, and known dangers
• Carry out or arrange for research to discover and eliminate health and safety risks

Employees also have enforceable duties. Every employee must:

• Take reasonable care for their own health and safety and of others who may be affected by their acts or omissions
• Cooperate with the employer in discharging safety obligations and complying with safety requirements
• Use safety equipment and personal protective equipment (PPE) provided by the employer correctly
• Not interfere with or misuse anything provided in the interest of health, safety and welfare of workers
• Report to the employer any situation which they reasonably believe presents a serious and imminent danger to safety or health
• Not wilfully endanger the safety of themselves or others

A Safety Committee is a joint management-worker body established to promote cooperation between employers and employees on workplace safety.

Mandatory in:

• Factories where a hazardous process is carried on (First Schedule industries)
• Any other establishment as may be prescribed by the appropriate Government

Composition: Equal representation of employer representatives and employee representatives (worker representatives chosen from among workers).

Functions:

• Assist in planning and implementing safety programmes
• Conduct safety audits
• Investigate accidents and near-misses
• Make recommendations on safety measures

Employers must provide workers with:

• Written information about health and safety risks arising from work and the measures taken to address them
• Training on safe work practices — particularly for new employees, those moving to a new job/role, and those working with new plant or technology
• Information in the language workers understand — not just in English if workers are not proficient
• Emergency procedures and evacuation routes, fire safety, and first aid locations
• For hazardous chemical/substance exposure: specific information on the nature of the hazard, exposure limits, protective measures, and medical surveillance available

Cleanliness:

• Every factory must be kept clean and free from effluvia from drains, privies, or other nuisances
• Floors must be cleaned at least once a week by washing or other effective method
• Drainage must be adequate and maintained

Lighting:

• Every part of the factory where workers work or pass must have sufficient natural or artificial light
• Provision of emergency lighting in case of failure of normal supply
• Glare or reflection from sources of light must be prevented

Ventilation & Temperature:

• Adequate ventilation by circulation of fresh air must be provided
• Temperature must be kept at a comfortable level — use of thermometers where needed
• Where process generates dust, fumes, or other impurities — effective measures to prevent accumulation and removal

Noise & Vibration:

• Effective measures to reduce noise and vibration that may cause injury to workers
• PPE (ear protection) to be provided where noise levels exceed prescribed limits

Fencing of Machinery: Every moving part of prime movers, transmission machinery, and every dangerous part of any other machinery must be securely fenced unless it is in such a position or construction that it is safe without fencing.

Work on or near machinery in motion: Only specially trained adult male workers wearing tight-fitting clothes may be allowed to work on or near running machinery — only under close supervision of a responsible person.

Employment of young persons on dangerous machines: No young person (under 18 years) may work on dangerous machines unless they have been fully instructed and are under supervision.

Hoists and Lifts: Must be of good mechanical construction, sound material, adequate strength, properly maintained, and examined at least once every 6 months by a competent person. Every hoist/lift must have safe working load visibly marked.

Workers working beyond normal hours are entitled to overtime pay:

• Overtime must be paid at twice the ordinary rate of wages (double time)
• Total overtime in any quarter (3-month period) must not exceed 50 hours — or a higher limit as notified by the appropriate Government
• The employer must maintain an overtime register and get it verified
• Workers must receive the overtime wages with their regular wages for that wage period

The Code specifically provides protections for women workers:

Qualifications: A Safety Officer must hold a degree or diploma in safety engineering or industrial safety from a recognised institution, or have equivalent experience as prescribed.

Duties of Safety Officer include:

• Advise on safety matters and compliance with the Code
• Conduct safety audits and inspections
• Investigate accidents and near-misses
• Maintain accident records and submit reports
• Organise safety training programmes for workers

Notice of accidents: If any accident in a factory/establishment causes:

• Death — must be reported to the Inspector-cum-Facilitator immediately (by the fastest available means)
• Serious bodily injury (fracture, amputation, hospitalisation) — must be reported within 4 hours
• Any injury causing absence from work for 48+ hours — must be reported within the prescribed time period

Notice of dangerous occurrences: Certain near-miss events (explosion, fire, collapse of machinery, etc.) must also be reported even if no injury occurs.

Notice of occupational diseases: Diseases listed in the Third Schedule must be notified to the Chief Inspector immediately on diagnosis.

An Occupational Health Centre (OHC) or Ambulance Room is a medical facility that employers must maintain at the workplace:

The First Schedule of the Code lists industries involving hazardous processes. Key categories include:

• Ferrous metallurgical industries (iron, steel)
• Nonferrous metallurgical industries (lead, zinc, copper, aluminum)
• Coal or coke industries (mining, processing)
• Chemical industries — including fertilizers, pesticides, drugs, explosives, petroleum products
• Rubber, plastics, PVC, and synthetic fibres industries
• Paper, pulp, and board industries
• Cement and lime industries
• Glass and ceramics industries
• Electroplating and surface treatment industries
• Printing ink and dye manufacturing
• Industries using ionising radiation (nuclear, X-ray, etc.)
• Asbestos-related industries
• Mining and ore extraction

Employers in hazardous process industries must:

• Disclose information to the appropriate Government, local authority, and general public about the hazardous nature of processes, health risks, and emergency procedures (right to know)
• Maintain up-to-date safety data sheets (SDS) for all hazardous chemicals and make them accessible to workers
• Provide free annual health examinations to all workers — maintain health records for 10 years
• Set up an Occupational Health Centre with full-time physician where worker strength exceeds 1,000
• Prepare and maintain an on-site emergency plan covering fire, explosion, toxic release, spill response, evacuation procedures
• Submit an off-site emergency plan to the District Collector (district-level emergency response)
• Constitute a Safety Committee with equal employer/employee representation
• Carry out a site appraisal via the Site Appraisal Committee before establishing or expanding a hazardous process industry

The Right to Know principle under the Code gives workers in hazardous process industries the right to:

• Know the identity of all hazardous substances and chemicals used in or generated by the processes in which they work
• Receive information on health risks posed by such substances and the preventive measures to be taken
• Access medical records relating to their health — including results of health examinations and monitoring
• Know the emergency procedures in place at the facility

"Contract Labour" means a worker who is hired in connection with the work of an establishment through a contractor, with or without the knowledge of the principal employer.

Registration:

• Principal employers employing 50 or more contract workers must be registered with the registering officer
• Contractors employing 20 or more workers must obtain a licence from the licensing officer
• Contracts may specify conditions including wages, working hours, and welfare facilities

Welfare obligations of contractors:

• Provide canteen, rest rooms, drinking water, first aid, and latrines for contract workers
• Pay wages at the prescribed rate on time
• Maintain attendance and wage registers

"Inter-State Migrant Worker" means any person who goes from one State and obtains employment in another State, earning wages not exceeding a notified amount (₹18,000/month or as revised), and was recruited directly or through a contractor.

Special entitlements under the Code:

The Code empowers the appropriate Government to prohibit employment of contract labour in any establishment in any process, operation or other work if it is satisfied that:

• The work is perennial in nature (i.e., continuous, not seasonal)
• The work is incidental to or necessary for the business of the establishment
• The work is sufficient to employ a considerable number of whole-time workers
• The work is being done ordinarily through regular workmen in similar establishments

The Code replaces the old "Inspector" role with an Inspector-cum-Facilitator — combining enforcement with facilitation: Web-based randomised inspection:

• The appropriate Government may operate a web-based inspection scheme with randomised assignment of establishments to inspectors
• Each inspection is assigned a unique inspection number and tracked online
• This reduces the risk of arbitrary, targeted, or harassing inspections
• Inspection reports must be submitted online within a prescribed period

Employers must maintain the following records (may be in electronic form):

• Register of workers — name, nature of work, wage rate, hours worked, wages paid
• Muster roll (attendance register) — daily attendance of all workers
• Wages register — wages paid, deductions made
• Overtime register — overtime hours worked and wages paid
• Accident register — all accidents, injuries, and occupational diseases
• Leave register — leave applied for, sanctioned, and availed by each worker
• Health register (hazardous process factories) — medical examination records for 10 years
• Inspection book — entries made by Inspector-cum-Facilitator during visits

Display requirements:

• Notice showing working hours, rest intervals, and weekly rest day
• Name and address of Inspector-cum-Facilitator having jurisdiction
• Abstract of provisions of the Code relating to safety, health, and welfare
• Emergency phone numbers (fire, ambulance, poison control)

Notice before starting a factory:

• Every person intending to use any premises as a factory must send a written notice to the Chief Inspector at least 15 days before beginning to use the premises
• The notice must state: name and situation of factory, name and address of occupier, nature of manufacturing process, total horse power, number of workers to be employed

Approval of plans:

• Plans and specifications for any new factory (or substantial extension) must be submitted to the State Government or Chief Inspector for prior approval before construction begins
• If plans are not approved within the prescribed period, they are deemed approved

Hazardous process industry — additional requirement:

• No factory involving a hazardous process (First Schedule) may be established without the prior approval of the Site Appraisal Committee
• The Committee considers environmental and safety impact before clearing the site

Where an offence is committed by a company, the following are deemed guilty:

• The company itself
• Every director, manager, secretary or other officer of the company who was in charge of and responsible for the conduct of the company's business at the time of the offence
• The Occupier of the factory — who is personally responsible for compliance

Defences available:

• The offence was committed without the person's knowledge
• The person exercised all due diligence to prevent the commission of the offence

Yes. Certain offences under the Code may be compounded (settled without court trial):

• Available for offences not punishable with imprisonment only (i.e., offences where fine is also an option)
• Compounding is done before a Gazetted Officer specified by the appropriate Government
• Compounding sum = 50% of the maximum fine for the offence
• NOT available for: second or subsequent offences within 5 years; offences resulting in death; offences relating to child labour
• Once compounded before prosecution, no further prosecution may be instituted for that offence