FACTORIES ACT, 1948 vs OSHWC CODE, 2020

 FACTORIES ACT, 1948 vs OSHWC CODE, 2020

Understanding India’s Evolving Occupational Safety Framework

Are you still using only the old Factories Act, 1948, for your EHS compliance? It’s time to review your legal compliance system! 🏭

The Occupational Safety, Health and Working Conditions Code, 2020 (OSHWC Code) consolidates several central labour laws into a broader framework for occupational safety, health, and working conditions.

🔍 Key Differences to Understand:

✅ Legal Coverage: The Factories Act focused on factories, while the OSHWC Code covers multiple specified establishments and worker categories.

✅ Factory Thresholds: The general definition changes from 10 workers with power / 20 without power under the Factories Act to 20 with power / 40 without power under the OSHWC Code, subject to the Code’s State-threshold proviso and applicable law.

✅ Employer Responsibilities: The new framework addresses duties related to workplace safety, health, welfare, and working conditions.

✅ Safety Officers & Committees: Review the applicable requirements under Section 22 of the OSHWC Code.

✅ Working Conditions: Working hours, overtime, annual leave, women workers, contract labour, and inter-State migrant workers are covered under relevant provisions.

✅ Inspection & Reporting: Understand the Inspector-cum-Facilitator framework and applicable accident-reporting requirements.

🎯 Action for EHS Professionals:

- Review your legal register and compliance checklist.
- Verify current Central and State Rules and notifications.
- Conduct a legal compliance gap assessment.
- Update applicable procedures, records, and employee training.

⚠️ Important: The OSHWC Code came into force on 21 November 2025. Always verify the applicable provisions, State-specific requirements, and relevant notifications before making compliance decisions.