Background
Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) consolidates thirteen central labour laws into a single framework governing workplace safety, health and working conditions across establishments such as factories, mines, plantations, docks, motor transport undertakings, construction establishments, and contract labour. It prescribes employer and worker duties, registration and licensing requirements, and empowers Governments to frame detailed implementation rules.
Rajasthan Occupational Safety, Health and Working Conditions Rules, 2026 implement the Code within the State by prescribing procedures for electronic registration and licensing, factory plan approvals, statutory notices and returns, maintenance of registers and records, constitution of Safety Committees, appointment of Safety and Welfare Officers, medical examination of workers engaged in hazardous processes, and submission of the unified annual return. The Rules operate in conjunction with the Occupational Safety, Health and Working Conditions (Central) Rules, 2026.
Applicability
The Rajasthan Occupational Safety, Health and Working Conditions Rules, 2026 apply to factories, commercial establishments, contractors, and other establishments covered under the OSH Code, 2020. They cover factories, construction establishments, motor transport undertakings, plantations, mines, docks, beedi and cigar establishments, and establishments engaging contract labour. Employers and principal employers must obtain registrations and licences (where applicable), maintain statutory records, ensure workplace safety, health and welfare, comply with working-hour and leave provisions, and file prescribed returns. Contractors must obtain licences and fulfil wage, record-keeping and welfare obligations. The Rules also impose safety-related responsibilities on architects, designers, engineers, and manufacturers, importers and suppliers of plant and machinery used in covered establishments.
Compliance Requirement Under the act in Accordance with the Rules & Regulations:
Where separate factories operate from leased premises or buildings, the owner and occupiers shall jointly and severally provide and maintain common facilities, including access roads, drainage, water supply, lighting, sanitation, fire safety, and common lifts/hoists.
The State Government may by notification constitute a site appraisal committee to consider and give recommendation on an application for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of such factory. The occupier shall submit an application for site appraisal in PART-I of Form-33A for the purposes of section 83 and the site appraisal committee shall submit its recommendation in PART-II of Form 33A.
The occupier of a factory carrying on a hazardous process shall display posters in Hindi and English informing workers about hazardous materials and processes, Material Safety Data Sheets (MSDS) location, health hazards, PPE requirements, safety measures and emergency evacuation procedures.
Occupier of a factory involving a hazardous process shall, in consultation with the District Emergency Authority, take appropriate steps to inform the general public likely to be affected by an accident of the safety measures and emergency procedures.
Such information shall include,- (a) Name of the factory and address where situated; (b) An explanation in simple terms of the hazardous process carried on in the premise; (c) Brief description of the measures to be taken to minimize the risk of an accident; (d) Salient features of the disaster control measures adopted in the factory; (e) Details of the factory’s emergency warning system for the General Public; (f) General advice on the action, members of the public should take on hearing the warning; and (g) Brief description of arrangements in the factory.
The occupier of every factory carrying on a hazardous process shall furnish details of hazardous substances, Material Safety Data Sheets (MSDS), accident risk minimization measures, and other information, as required, to the local authority and the Chief Inspector-cum-Facilitator. (1) The occupier of every factory carrying on a ‘hazardous process’ shall furnish information in writing to the local authority having jurisdiction over the area in which the factory is situated: – (a) the information furnished to general public as specified in rule 103; (b) a statement of the names and quantities generally stored or in process of hazardous substances. (2) The occupier shall furnish, electronically or in writing to the Chief Inspector-cum-Facilitator, information furnished to the workers in rule 102. (3) A copy of compilation of Material Safety Data Sheets shall be furnished to the Chief Inspector and the local Inspector. (4) The occupier shall furnish detailed description of measures to minimize risk of accident.
The occupier of a factory employing more than 100 workers, or more than 50 workers carrying on a hazardous process or dangerous operation under section 82, shall prepare a written Health and Safety Policy and provide a signed copy to the Inspector-cum-Facilitator. Policy should specify following:
(a) arrangements for involving workers
(b) intention of taking into account health & safety performance of individuals at different levels while considering their career advancement
(c) fixing responsibility of contractors, sub-contractors, transporters & other agencies entering premises
(d) providing a resume of health & safety performance of factory in its Annual Report
(e) relevant techniques & methods, such as safety audits & risk assessment for periodical assessment of status on health, safety & environment & taking all remedial measures
(f) stating its intentions to integrate health & safety, in all decisions including those dealing with purchase of plant, equipment, machinery & material as well as selection & placement of personnel
(g) arrangements for informing, educating & training & retraining its own workers & employees at different levels & public wherever required;
(h) obligations of worker & employees for promoting health & safety
Display the Health and Safety Policy at conspicuous places, provide copies to workers on demand, and communicate it through suitable means in a language understood by the majority of workers.
The occupier or the manager of every factory shall maintain updated Health and Safety Policy and submit it on the Official Portal electronically as and when updated.
Every occupier proposing to commence a hazardous process shall submit Form-6 to the Chief Inspector-cum-Facilitator at least 30 days before commencement of the process, furnishing the nature and details of the hazardous process.
Maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed by the State Government
The occupier or manager shall provide every exposed worker access to their health or medical records at least once annually and maintain a record evidencing such access.
Copies of health or medical records shall be provided where requested by the concerned worker in writing. In case of the worker’s death, the records shall be made accessible to the worker’s spouse or children on demand.
Appoint persons possessing the qualifications and experience specified under the Rules to supervise the handling of hazardous substances. The decision of the Chief Inspector-cum-Facilitator shall be final in case of any question regarding eligibility. All persons who are required to supervise the handling of hazardous substances shall possess the following qualifications and experience: –
(a) A degree in Chemistry or Diploma in Chemical Engineering or Technology with 5 years experience; or
(b) A Master’s Degree in Chemistry or a Degree in Chemical Engineering or Technology with 2 years experience, the experience stipulated above shall be in process operation and maintenance in the hazardous process factory.
The examination shall determine the worker’s physical fitness for the proposed job. No person shall be employed for the first time in a hazardous process without a fitness certificate. Examination details shall be recorded in the Health Register.
Periodic medical examinations shall assess workers’ health in relation to occupational hazards and be conducted every 6 months, or at shorter intervals where considered necessary by the medical practitioner. Details shall be recorded in the Health Register. Workers employed in a ‘hazardous process’ shall be medically examined by a qualified medical practitioner, in the following manner: –
(a) Once before employment, to ascertain physical fitness of the person to do the particular job.
(b) Once in a period of 6 months, to ascertain the health status of all the workers in respect of occupational health hazards to which they are exposed and in cases where in the opinion of the medical practitioner it is necessary to do so at a shorter interval in respect of any workers.
(c) The details of pre-employment and periodical medical examination carried out as aforesaid shall be recorded in the Health Register
Periodic medical examinations shall assess workers’ health in relation to occupational hazards and be conducted every 6 months, or at shorter intervals where considered necessary by the medical practitioner. Details shall be recorded in the Health Register. Workers employed in a ‘hazardous process’ shall be medically examined by a qualified medical practitioner, in the following manner: –
(a) Once before employment, to ascertain physical fitness of the person to do the particular job.
(b) Once in a period of 6 months, to ascertain the health status of all the workers in respect of occupational health hazards to which they are exposed and in cases where in the opinion of the medical practitioner it is necessary to do so at a shorter interval in respect of any workers.
(c) The details of pre-employment and periodical medical examination carried out as aforesaid shall be recorded in the Health Register
Occupier of a factory involving a hazardous process shall provide necessary facilities including personal protective equipment and safety accessories at all working places for protecting the workers.
The Medical Officer shall examine the worker and communicate findings to the occupier within 30 days. A worker advised to be removed shall not be employed in the same process and shall receive alternative employment unless fully incapacitated, in which case compensation shall be provided as per law.
No person shall be employed for the first time without a certificate of fitness granted by the medical practitioner. The worker taken away from employment in any process under sub-rule (2) may be employed again in the same process only after obtaining the Fitness Certificate from the Medical Officer and after making entries to that effect in the Health Register.
Ensure the concentration of hazardous substances at work locations does not exceed the permissible exposure limits specified in Tables 1, 2 and 3 of the Schedule. Where applicable, comply with short-term exposure limits and requirements relating to mixtures of hazardous substances.
For substances identified with the notation “Skin”, implement appropriate measures to prevent absorption through the skin, mucous membranes and eyes, as the prescribed exposure limits apply only to respiratory exposure.
Where directed by the Inspector-cum-Facilitator, carry out assessment of hazardous substance concentrations at work locations before the specified date. Submit the assessment results, sampling and analysis method within 3 days of completion and maintain the records for inspection.
Maintain records of hazardous substance concentration assessments, including sampling and analysis details, and produce them whenever required by the Inspector-cum-Facilitator.
An appeal against an order of the Inspector-cum-Facilitator may be filed before the Chief Inspector-cum-Facilitator within 30 days of service of the order. The appeal shall be accompanied by a copy of the impugned order. The appellate authority may confirm, modify or reverse the order after hearing the parties.
An employer, occupier or manager aggrieved by a penalty order under Section 111(1) may file an appeal in Form-35 within 2 months. The appeal shall be accompanied by the penalty order, fee equal to 1% of the penalty amount, statement of points of dispute and supporting documentary evidence.
Provide all facilities required for the occupational safety and health survey, including access to plant and machinery, examination, testing, collection of samples, data, and medical examination of workers, as required by the survey committee.
(1) Every employer shall—
(a) ensure that workplace is free from hazards which cause or are likely to cause injury or occupational disease to the employees;
(b) comply with the occupational safety and health standards declared under section 18 or the rules, regulations, bye-laws or orders made under this Code;
(d) provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of the employees;
(e) ensure the disposal of hazardous and toxic waste including disposal of e-waste;
(g) ensure that no charge is levied on any employee, in respect of anything done or provided for maintenance of safety and health at workplace including conduct of medical examination and investigation for the purpose of detecting occupational diseases;
(h) relating to factory, mine, dock work, building or other construction work or plantation, ensure and be responsible for the safety and health of employees, workers and other persons who are
Without prejudice to the generality of the provisions of sub-section (1), the duties of an employer shall particularly in respect of factory, mines, dock, building or other construction work or plantation include—
(a) the provision and maintenance of plant and systems of work in the workplace that are safe and without risk to health;
(b) the arrangements in the workplace for ensuring safety and absence of risk to health in connection with the use, handling, storage and transport of articles and substances;
(c) the provision of such information, instruction, training and supervision as are necessary to ensure the health and safety of all employees at work;
(d) the maintenance of all places of work in the workplace in a condition that is safe and without risk to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risk;
(e) the provision, maintenance or monitoring of such working environment
Every person who designs, manufactures, imports or supplies any article for use in any establishment shall:
(a) ensure so far as is reasonably practicable, that the article is so designed and constructed in the establishment as to be safe and without risk to the health of the workers when properly used;
(b) carry out or arrange for the carrying out of such tests and examination in the establishment as may be considered necessary for the effective implementation of the provisions of clause (a);
(c) take steps as may be necessary to ensure that adequate information will be available—
(i) in connection with the use of the article in any establishment;
(ii) about the use for which such article is designed and tested; and
(iii) about any conditions necessary to ensure that the article, when put to such use, shall be safe, and without risk to the health of the workers.
Imported plant, machinery and articles shall conform to applicable Indian standards. Where no Indian standard exists, they shall conform to the national standard of the exporting country or a higher applicable standard.
Ensure that plant, machinery and articles are erected or installed in a manner that does not make their use unsafe or create a risk to the health and safety of persons working in the factory.
Ensure building and construction projects are designed with due regard to the safety and health of workers, including safe design, selection of structures, processes and materials, and consideration of maintenance-related safety.
Employer shall provide and maintain adequate and suitable washing facilities, separately for male and female employees, conveniently accessible and kept clean.
Provide appropriate washing facilities or shower baths with hot and cold water where building or construction workers are exposed to poisonous, infectious, irritating substances, oil, grease or dust, and ensure such facilities are used only for washing purposes.
Suitable, separate and sufficient bathing places and locker facilities shall be provided, as required by the nature of work, for male, female, transgender persons and persons with disabilities equipped with regular and adequate water supply, soap and towels;
(i) Bathing places shall be:
(a) Separated from workplaces (within plantation premises for plantation workers);
(b) Well ventilated;
(c) Provided with proper drainage;
(d) Maintained in a sanitary and hygienic condition;
(e) Capable of being secured from inside with proper doors and fastenings; and
(f) Clearly marked as “For Men Only”, “For Women Only”, “For Transgender Persons Only” or “For Persons with Disabilities Only” in Hindi or English and the local language.
(ii) Locker facilities: Suitable, separate and easily accessible lockers shall be provided for storing work clothing and special clothing not taken home.
Washing and bathing facilities shall be appropriately demarcated by displaying “For Men Only”, “For Women Only”, “For Transgender Persons Only” or “For Persons with Disabilities Only”, as applicable, in Hindi or English and the local language outside the respective facilities.
Provide suitable bathing and locker facilities with adequate privacy, hygiene and accessibility, including separate arrangements for male, female, transgender and persons with disabilities, wherever required owing to the nature of work.
The employer of every factory, mine, building or other construction work, industrial premises for manufacture of beedi and cigar, dock work and plantation shall ensure: (i) Suitable, separate and sufficient facilities for male, female, transgender persons and persons with disabilities to keep clothes not worn during working hours and dry them.
(ii) Such facilities are located in rooms separate from workrooms.
(iii) Separate changing rooms with facilities for drying wet clothes, hanging clothing, and lockers to keep working clothes separate from street clothes, including measures to prevent contamination where required.
(iv) Where working clothes become wet or require washing between shifts, arrangements are made to provide dry clothes before resuming work.
(v) Facilities shall include: (a) Individual lockers of adequate size with proper ventilation; and (b) Benches or other suitable seating arrangements.
Employer of every factory shall ensure reasonable sitting arrangements for all employees obliged to work in a standing position, so that they may take rest when possible in the course of work.
The employer of every establishment wherein one hundred or more workers, including contract labour, are ordinarily employed shall provide and maintain a canteen in or adjacent to the precincts of the establishment providing nutritious, wholesome and healthy food for employees.
The canteen shall be suitably located away from contamination sources and include a dining hall, kitchen, pantry, store room, separate entry and exit, adequate seating, reserved seating for women and persons with disabilities, and separate washing facilities ensuring privacy.
All utensils, food-contact equipment, furniture and other canteen facilities shall be cleaned and maintained in hygienic condition to ensure food safety.
Every food handler shall be trained in hygienic food handling practices to prevent food contamination, and no person suffering from a communicable disease shall be employed as a food handler.
Food waste and garbage shall be promptly removed from food preparation and dining areas, stored in covered containers and disposed of at regular intervals to maintain hygiene.
Food, beverages and other items shall be supplied on a no profit no loss basis. Prices shall be determined by the Canteen Management Committee.
Charges per portion of food items, beverages and any other items served in the canteen are displayed in the canteen
Constitute a Canteen Management Committee to oversee the quality and quantity of food, menu, meal timings and other canteen-related matters.
The tenure of the Committee shall be mutually decided. One-third of the employer and worker representatives shall be rotated every two years. The Committee shall decide matters relating to the operation of the canteen in consultation with the Canteen Manager.
Canteen Managing Committee is constituted to carry out the following functions namely
Penalty and Consequences
The following penalty provisions apply across the compliance obligations covered in this blog. These have been consolidated and de-duplicated for ease of reference:
Section 94 of the Occupational Safety, Health and Working Conditions Code, 2020 — General Penalty for Contravention
Save as otherwise expressly provided in the Code, if in or in respect of any establishment there is any contravention of the provisions of the Code or regulations, rules, bye-laws or any of the standards made thereunder, or of any order in writing given under the Code or such regulations, rules, bye-laws or standards, the employer or the principal employer of the establishment, as the case may be, shall be liable to a penalty which shall not be less than two lakh rupees but which may extend to three lakh rupees. Where the contravention is continued after conviction, a further penalty of up to two thousand rupees for each day during which such contravention continues shall apply.
Section 96 of the Occupational Safety, Health and Working Conditions Code, 2020 — Penalty for Failure to Maintain Registers or File Returns
Any person who is required under the Code or the rules, regulations, bye-laws or orders made thereunder to: (i) maintain any register or other document or to file returns, and who omits or fails to maintain such register or document or to file such returns; or (ii) produce any register, plan, record, report or any other document, and who omits or fails to produce such register, plan, record, report or other document, shall be liable to a penalty which shall not be less than fifty thousand rupees but which may extend to one lakh rupees. Where any person convicted of an offence punishable under sub-section (1) is again convicted of an offence under the same provision, he shall be liable to a penalty which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.
Section 97 of the Occupational Safety, Health and Working Conditions Code, 2020 — Penalty for Contravention of Provisions Relating to Employment of Certain Categories of Workers
Any person who, save as permitted by or under the Code, contravenes any: (i) provision of the Code or of any rule, regulation or bye-law; or (ii) order made under the Code prohibiting, restricting or regulating the employment of workers including women, audio-visual workers and contract labour, and employees below eighteen years of age in the case of mines, shall be liable to a penalty which shall not be less than fifty thousand rupees but which may extend to one lakh rupees. Where any person convicted of an offence punishable under sub-section (1) is again convicted of an offence under the same provision, he shall be punishable with imprisonment for a term which may extend to three months, or with a fine which may extend to two lakh rupees, or with both.
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