OSH Code Central Rules 2026 Notified by Ministry on May 8

Final Central Rules Bring the OSH Code Closer to Full Implementation

The Ministry of Labour and Employment has notified the Occupational Safety, Health and Working Conditions (Central) Rules, 2026, through G.S.R. 345(E) dated May 8, 2026, published in the Gazette of India. These rules provide the implementing regulations for the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code), which came into force on November 21, 2025, as part of India's landmark labour law reform.

The notification of these central rules is a major step in operationalizing the four labour codes that together consolidate 29 older labour statutes into a modern, streamlined framework. The OSH Code alone consolidates 13 former laws, covering factories, mines, construction sites, plantations, and establishments with 10 or more workers.

Defining the Appropriate Government

One of the key provisions in the Central Rules relates to the definition of "appropriate government" under Section 2(1)(d) of the OSH Code. This definition is critical because it determines which regulatory authority has jurisdiction over a particular establishment. The Central Rules specify the categories of establishments that fall under the Central Government's regulatory purview, while the remaining establishments will be governed by the respective State Governments.

This clarity is important for employers operating across multiple states, as it determines the compliance obligations and the regulatory body to which they must report. The rules establish that the Central Government will be the appropriate government for major ports, mines, oilfields, railways, and establishments under the control of the Central Government, among others.

Registration and Licensing Requirements

The Central Rules introduce a single registration requirement for covered establishments under the OSH Code. Applications must be submitted through the Shram Suvidha Portal, and establishments will be deemed to be registered within 7 days from the date of submission of a complete application. An auto-generated certificate of registration will be issued upon deemed registration.

For contract labour, the rules require every contractor who has employed 50 or more contract workers in the preceding 12 months to obtain a single licence, valid for 5 years. This replaces the fragmented licensing regime under the former Contract Labour (Regulation and Abolition) Act, 1970.

Working Hours, Overtime, and Employee Welfare

The rules set out clear standards for working hours and overtime compensation. Overtime wages must be paid at twice the rate of the worker's wages at the end of each wage period. For daily wage workers, overtime is triggered for any work beyond 8 hours in a day; for all other workers, the threshold is 48 hours in a week. This aligns with the 50% wage rule under the labour codes, which has significant implications for how employers structure compensation.

Employee welfare provisions include mandatory appointment letters for all workers, the establishment of grievance committees, and requirements for creche facilities. Employers in dock work, building, or other construction activities are required to arrange annual medical examinations, free of cost, for employees who have completed 40 years of age.

Safety Standards and Health Provisions

The Central Rules lay down detailed occupational safety standards covering hazardous processes, dangerous operations, and the maintenance of safety equipment. Establishments engaged in manufacturing processes involving hazardous substances must comply with specific safety protocols, including the appointment of safety officers, the maintenance of health registers, and the conduct of periodic safety audits.

The rules also address provisions relating to women employees, including the prohibition of employment in dangerous operations except where adequate safeguards are provided, and the requirement for separate facilities and rest rooms. These provisions complement the broader workplace safety obligations under the POSH Act.

Compliance Implications for Employers

The notification of the Central Rules triggers specific compliance obligations for employers falling under the Central Government's jurisdiction. Key action items include reviewing and updating existing registration on the Shram Suvidha Portal, ensuring compliance with the new overtime calculation methodology, issuing appointment letters to all workers who may not have received them under the old regime, and establishing or reconstituting grievance committees in line with the new requirements.

Employers with corporate compliance obligations under the Companies Act should note that the new labour code compliance requirements may affect their secretarial audit obligations and overall compliance posture. Directors should be aware of these obligations as part of their fiduciary duties.

State Rules and Full Implementation

While the Central Rules cover establishments under the Central Government's purview, full implementation of the OSH Code also requires state-level rules for establishments falling under state jurisdiction. Several states are in various stages of drafting and notifying their own rules, and the pace of state-level implementation will determine when the OSH Code becomes fully operational across India.

The notification of the Central Rules represents one of the final pieces in India's ambitious labour law reform project. Together with rules under the Code on Wages, the Industrial Relations Code, and the Code on Social Security, these rules complete the central regulatory framework that governs employer-employee relations in India. Employers should proactively review their compliance posture and prepare for the new regime, as enforcement actions under the codes are expected to intensify as full implementation progresses.

For ongoing updates on tax compliance and GST e-invoicing requirements that also affect employer obligations, employers should monitor developments closely as the regulatory landscape continues to evolve.