Penalties under the OSH Code, 2020 — What Employers Should Know
Occupational Safety, Health and Working Conditions Code, 2020 in force from 21 November 2025 · OSH (Central) Rules, 2026 notified vide G.S.R. 345(E) dated 8 May 2026 · Subsumes 13 Acts including the Factories Act, Contract Labour Act, BOCW Act, Mines Act and Inter-State Migrant Workmen Act
1. What the penalties are
| If you do this | Section | Punishment |
|---|---|---|
| Contravene any provision of the Code, Rules, regulations, bye-laws, standards or any written order — where no specific penalty is provided The employer or principal employer is liable | 94 | Penalty of ₹2,00,000 to ₹3,00,000 If the contravention continues after conviction: a further ₹2,000 per day |
| Obstruct an Inspector-cum-Facilitator, refuse entry, fail to produce a document, or fail to comply with a requisition or order | 95 | Jail up to 3 months, or fine up to ₹1,00,000, or both |
| Fail to maintain a register or record, or to file returns, or fail to produce a register, plan, record or report | 96 | Penalty of ₹50,000 to ₹1,00,000 |
| Contravene provisions regulating employment of workers — including women, audio-visual workers, contract labour, and persons under 18 in mines | 97 | Penalty of ₹50,000 to ₹1,00,000 |
| Falsify records — produce false records, counterfeit, or knowingly give a false plan, return, notice, record or report | 98 | Jail up to 3 months, or fine up to ₹1,00,000, or both |
| Omit to furnish a plan, return, notice, register, record or report in the prescribed form, manner or time, without reasonable excuse The burden of proving a reasonable excuse is on you | 99 | Penalty of ₹1,00,000 to ₹2,00,000 |
| Fail to appoint a manager in a mine | 105 | Jail up to 3 months, or fine up to ₹1,00,000, or both |
| An employee contravenes a duty imposed on him by the Code | 106 | Penalty up to ₹10,000 on the employee The employer is not deemed guilty unless it is proved he failed to take all reasonable measures to prevent it |
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- 2. The serious heads — accidents and hazardous processes
- 3. Repeat offences
- 4. Common mistakes that lead to penalty
- 5. Who is personally on the hook
- 6. Records and returns you must keep
- 7. How a prosecution works — Sections 109 to 112
- 8. If you receive a notice
- 9. Six actions that prevent most of this