IndiaMy employer isn't providing a safe workplace. What law applies?
The Factories Act, 1948 and the Occupational Safety, Health and Working Conditions Code, 2020 apply to ensure a safe workplace in India.
What the Law Says
Indian law places a clear legal duty on employers to ensure safety, health, and welfare of workers. Two key laws govern this: the long-standing Factories Act, 1948 and the newer, consolidated Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code), which subsumes several older laws.
Under the Factories Act, 1948, every factory occupier must ensure the safety, health, and welfare of all workers. Section 7A specifically states: 'It shall be the duty of every occupier to ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory.'
The OSH Code, 2020 strengthens and expands these obligations. Section 41G mandates appointment of safety officers in factories employing 1,000 or more workers — or 500+ workers where hazardous processes are involved. Section 41H requires employers to provide free protective equipment and ensure its proper use.
Violations attract penalties: under Section 136 of the OSH Code, failure to comply with safety provisions may lead to imprisonment up to 2 years, or fine up to ₹1 lakh, or both.
Statutory TextIt shall be the duty of every occupier to ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory.
— Factories Act, 1948, s. 7A — Duty of occupier
Statutory TextEvery factory wherein one thousand or more workers are ordinarily employed or wherein five hundred or more workers are ordinarily employed and wherein any hazardous process is carried on, shall have a safety officer.
— Occupational Safety, Health and Working Conditions Code, 2020, s. 41G — Appointment of safety officer
Statutory TextThe employer shall provide free of cost, personal protective equipment to every employee and ensure its proper use.
— Occupational Safety, Health and Working Conditions Code, 2020, s. 41H — Provision of personal protective equipment
What to Do
Document unsafe conditions (photos, videos, written notes, witness names)
Report the issue in writing to your employer or factory manager — keep a copy
File a complaint with the local Chief Inspector of Factories (under Factories Act) or the OSH Inspector (under OSH Code)
Contact your trade union (if any) for support and collective action
If immediate danger exists, refuse unsafe work under Section 41F of the OSH Code — no penalty applies if refusal is reasonable
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.