THE OSH CODE UNIQUE ANGLE 2020
AUTHOR – SHIVA SHANKAR Y* & THANUSH TRIVIKRAM**
STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY
BEST CITATION – SHIVA SHANKAR Y & THANUSH TRIVIKRAM, THE OSH CODE UNIQUE ANGLE 2020, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 01-05, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/V6I576
ABSTRACT:
India’s labour law system has long been criticized for being fragmented, outdated, and difficult to enforce, particularly in the area of occupational safety and health[1]. Multiple legislations operated simultaneously, often leading to overlapping provisions, regulatory confusion, and inconsistent implementation. In response to these challenges, the government introduced the Occupational Safety, Health and Working Conditions Code, 2020 as part of a broader labour law reform initiative aimed at consolidation and simplification[2]. By subsuming several existing laws into a single framework, the Code seeks to create uniform standards, improve compliance, and ensure better working conditions across sectors. At a structural level, the Code represents a shift toward administrative efficiency. It introduces mechanisms such as single registration, standardized safety norms, and digitized compliance systems, which are intended to reduce the burden on employers and promote ease of doing business[3]. On paper, these changes signal a move toward modernization and rationalization of India’s labour regulatory framework. The Code also incorporates provisions relating to health, safety, welfare facilities, and working conditions, thereby attempting to create a comprehensive legal regime governing workplaces. However, the significance of the OSH Code cannot be understood solely in terms of consolidation. A deeper analysis reveals that the reform reflects a broader policy shift in India’s labour law approach—one that increasingly prioritizes flexibility and economic growth alongside, and sometimes over, worker protection[4]. This shift becomes evident in the design and implementation of key provisions within the Code. For instance, the application of the law is often dependent on statutory thresholds, which determine whether an establishment falls within its scope. While such thresholds may be justified from a regulatory standpoint, they have the effect of excluding a substantial portion of the workforce, particularly those employed in small establishments and the informal sector. This exclusion is not a minor technical issue but a fundamental limitation in the Indian context, where a significant majority of workers operate outside the formal economy. As a result, the promise of universal workplace safety becomes conditional rather than absolute. Further, the transformation of the traditional inspection system into an “Inspector-cum-Facilitator” model indicates a move away from strict enforcement toward a more advisory and compliance-based approach[5]. While this may reduce bureaucratic hurdles, it also raises concerns about the weakening of regulatory oversight in a system where violations often go unchecked. In addition, the Code does not adequately address emerging forms of employment, such as fixed-term and gig work, where employment relationships are often fragmented and responsibilities for safety are unclear. This creates gaps in accountability and leaves certain categories of workers vulnerable.
[1] Bibek Debroy Committee, Report of the Committee for Rationalisation of Labour Laws (2015).
[2] The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020).
[3] PRS Legislative Research, OSH Code, 2020: Analysis (2020).
[4] Kamala Sankaran, “Labour Law Reforms in India: Towards Consolidation or Dilution?” (2021).
[5] The Occupational Safety, Health and Working Conditions Code, 2020, § 34 (Inspector-cum-Facilitator).