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:
Employer/occupier of an establishment shall apply online in Form-1 on the Official Portal for registration, upload required documents and pay prescribed fee; registration certificate is issued electronically in Form-2. The employer or occupier seeking registration for an establishment or factory, not already registered shall apply electronically in Form-1 on the Official Portal by giving details about the establishment, and uploading documents related to Registration of the establishment or factory, proof of Identity and address of the occupier or employer and manager specified in the Form and other documents as specified in the Official Portal. The Form shall be signed digitally or in any other manner as may be required in the Official Portal. The applicant shall be responsible for veracity of all information submitted in the application.
Employer/occupier shall update any change in ownership, management, or registration particulars on the Official Portal within 30 days of the change.
Employer/occupier of an establishment already registered under another central labour law shall update its registration particulars on the Official Portal within six months of the Code coming into force.
Apply online for cancellation of registration on the Official Portal upon closure of business activities after furnishing details of statutory dues, filing all statutory returns, paying statutory dues and submitting the required self-certification.
Employer/occupier shall display a copy of the certificate of registration at a conspicuous place in the establishment/factory, in hard copy or electronically.
Employer/occupier shall quote the registration number on all documents and correspondence made in connection with the Code, rules, regulations or scheme.
Occupier/employer shall electronically submit Form-4 notice of commencement or cessation of operation to the Registering Officer within 30 days of such commencement/cessation.
A Factory Licence is a statutory authorisation permitting an occupier to operate a factory upon compliance with the applicable provisions of the Occupational Safety, Health and Working Conditions Code, 2020, the State Rules and payment of the prescribed fee. The occupier of every factory coming within the scope of the Code, after its commencement, shall apply electronically to the Registering Officer or Authority, by giving details about the factory and uploading documents related to Registration of the factory and application in Form-1 and related to license of factory in Form-5 or submit an application as per the provisions of the Rajasthan Enterprises Single Window Enabling and Clearance Act, 2011, for the registration of the factory and grant of a single or common licence therefore for a period not exceeding 10 years for factories. Every application submitted under this sub-rule shall be accompanied with proof of payment of fee specified in sub-rule (2).
Occupier shall obtain prior written approval of site/building plans from the Chief Inspector-cum-Facilitator in Form-6 (along with Form-7 for small non-hazardous factories) before constructing, extending or using a factory building.
Occupier/manager shall send a certificate of stability (Form-8) from a competent person to the Chief Inspector-cum-Facilitator before commencing manufacturing in a new, reconstructed or extended factory building.
Occupier shall electronically notify change of manager of the factory in Form-11 on the Official Portal.
Licensee seeking to transfer the factory licence to another person shall apply in Form-5 to the Registering Officer/Authority and pay the prescribed fee.
Occupier intending to close a factory (temporarily or permanently) shall notify the Registering Officer/Authority on the Official Portal so the licence can be suspended or cancelled.
Employer of a factory/beedi & cigar works/BOCW establishment shall arrange free annual medical examination in Form-12 within 120 days of the calendar year for employees above 40 years of age.
No employee shall be employed in any establishment or factory unless a letter of appointment containing prescribed particulars (name, date of birth, Aadhaar, LIN, UAN/ESIC, designation, wages, social security applicability, nature of duties, etc.) has been issued to him.
Report every accident resulting in death in Form-13 immediately to the prescribed authorities through the specified mode of communication. 30. Notice of accidents and dangerous occurrences- (a)Where an accident occurs which results in the death of any person, the employer or occupier or manager of the establishment shall forthwith send a notice thereof in Form-13 electronically or by speed post or registered post or by hand and also inform by telephone to the Inspector-cum-Facilitator, Chief Inspector-cum-Facilitator concerned, District Magistrate or Sub-Divisional Officer and the officer-in-charge of the nearest police station and the family members or kin of the deceased person. (b)Where an accident occurs which results in bodily injury by reason of which the person injured is prevented from working for a period of 48 hours or more, the employer or occupier or manager shall forthwith send a notice in Form-13 within twelve hours after the completion of forty eight hours, electronically to the Inspector-cum-Facilitator.
Report every accident resulting in death in Form-13 immediately to the prescribed authorities through the specified mode of communication. 30. Notice of accidents and dangerous occurrences- (a)Where an accident occurs which results in the death of any person, the employer or occupier or manager of the establishment shall forthwith send a notice thereof in Form-13 electronically or by speed post or registered post or by hand and also inform by telephone to the Inspector-cum-Facilitator, Chief Inspector-cum-Facilitator concerned, District Magistrate or Sub-Divisional Officer and the officer-in-charge of the nearest police station and the family members or kin of the deceased person. (b)Where an accident occurs which results in bodily injury by reason of which the person injured is prevented from working for a period of 48 hours or more, the employer or occupier or manager shall forthwith send a notice in Form-13 within twelve hours after the completion of forty eight hours, electronically to the Inspector-cum-Facilitator.
Report every accident causing bodily injury resulting in inability to work for 48 hours or more in Form-13 within the prescribed time. 30. Notice of accidents and dangerous occurrences. – (a)Where an accident occurs which results in the death of any person, the employer or occupier or manager of the establishment shall forthwith send a notice thereof in Form-13 electronically or by speed post or registered post or by hand and also inform by telephone to the Inspector-cum-Facilitator, Chief Inspector-cum-Facilitator concerned, District Magistrate or Sub-Divisional Officer and the officer-in-charge of the nearest police station and the family members or kin of the deceased person.(b)Where an accident occurs which results in bodily injury by reason of which the person injured is prevented from working for a period of 48 hours or more, the employer or occupier or manager shall forthwith send a notice in Form-13 within twelve hours after the completion of 48 hours, electronically to the Inspector-cum-Facilitator.
Employer/occupier/manager shall forthwith notify the Inspector-cum-Facilitator/Chief Inspector-cum-Facilitator of any notifiable disease specified under the Third Schedule to the Code occurring in the establishment.
List of Notifiable Diseases:
1. Lead poisoning, including poisoning by any preparation or compound of lead or their
sequelae.
2. Lead-tetra-ethyle poisoning.
3. Phosphorus poisoning or its sequelae.
4. Mercury poisoning or its sequelae.
5. Manganese poisoning or its sequelae.
6. Arsenic poisoning or its sequelae.
7. Poisoning by nitrous fumes.
8. Carbon bisulphide poisoning.
9. Benzene poisoning, including poisoning by any of its homologues, their nitro or amido
derivatives or its sequelae.
10. Chrome ulceration or its sequelae.
11. Anthrax.
12. Silicosis.
13. Poisoning by halogens or halogen derivatives of the hydrocarbons of the aliphatic series.
14. Pathological manifestations due to—
(a) radium or other radio-active substances;
(b) X-rays.
15. Primary epitheliomatous cancer of the skin.
16. Toxic anaemia.
17. Toxic jaundice due to poisonous substances.
18. Oil acne or dermatitis due to mineral oils and compounds containing mineral oil base.
19. Byssionosis.
20. Asbestosis.
21. Occupational or contact dermatitis caused by direct contact with chemicals and paints.
These are of two types, that is, primary irritants and allergic sensitizers.
22. Noise induced hearing loss (exposure to high noise levels).
23. Beriyllium poisoning.
24. Carbon monoxide poisoning.
25. Coal miners’ pneumoconiosis.
26. Phosgene poisoning.
27. Occupational cancer.
28. Isocyanates poisoning.
29. Toxic nephritis.
Employer/occupier shall take immediate remedial action on receiving a report of an unsafe/unhealthy condition or imminent danger from a worker, and report the action taken to the Inspector-cum-Facilitator.
Constitute a Safety Committee in every factory or establishment employing 500 or more workers, or where required by the Appropriate Government. The Committee shall have a tenure of 3 years, meet at least once every quarter, and recommendations shall be implemented within 15 days.
The Safety Committee shall meet at least once every quarter. The employer, occupier or manager shall implement the recommendations of the Committee within 15 days from the date of receipt. Minutes of every meeting shall be recorded and produced to the Inspector-cum-Facilitator on demand.
Constitute a Safety Committee with not more than 20 members and equal representation of employers and workers, ensuring adequate representation of women workers and compliance with the prescribed composition and tenure requirements.
The Safety Committee shall review the Standard Operating Procedures (SOPs) prepared for plants, equipment, installations and work methods and recommend appropriate improvements to enhance workplace safety.
The Safety Committee shall formulate and implement safety campaigns, create safety awareness among workers and undertake educational, training and promotional activities relating to occupational safety and health.
The Safety Committee shall review unsafe conditions, unsafe practices, accident reports, dangerous occurrences and complaints relating to imminent danger to workers, and recommend appropriate corrective measures to prevent recurrence of accidents.
Before commissioning any new installation or introducing a new manufacturing process, the Safety Committee shall review the proposed safety and health measures, including applicable codes of practice, and make recommendations.
The Safety Committee shall review safety audits, occupational health surveys, risk assessments, emergency and disaster management plans and implementation of recommendations to improve workplace safety and health.
In an establishment or factory mentioned hereunder where appointment of Safety Officer is mandatory, the employer/occupier shall appoint safety officers, as per norms given below:
Maintain records relating to workplace accidents, dangerous occurrences and notifiable diseases.
Advise the management on measures for prevention of personal injuries and maintenance of a safe and healthy working environment.
Advise and assist in ensuring procurement, quality and availability of appropriate Personal Protective Equipment (PPE) for workers.
Carry out periodic safety inspections of the workplace and recommend corrective measures to eliminate unsafe conditions and unsafe work practices.
Design and conduct safety training and educational programmes for prevention of workplace injuries and promotion of occupational safety.
Investigate workplace accidents, dangerous occurrences and notifiable diseases, and recommend measures to prevent their recurrence.
Occupier/employer shall equip each appointed Safety Officer with the facilities, equipment and information necessary for effective discharge of duties.
Employer shall ensure that no worker works more than 48 hours in any week, in accordance with the daily work period notified by the State Government.
A notice showing the weekly holiday shall be posted up in a conspicuous place outside the office of every establishment. Where the weekly holiday differs by relay/set of persons, the notice shall show the holiday for each in Hindi, English and the local language.
The employer, occupier or manager shall display Form-14 on or before the end of the month in which holidays are lost, indicating the compensatory holidays to be granted during the following month. Any change in the notice shall be made at least 3 days before the scheduled compensatory holiday.
Employer shall pay overtime wages at twice the ordinary rate for work beyond 8 hours/day or 48 hours/week, subject to maximum of 144 overtime hours per quarter.
Display and maintain the Notice of Periods of Work in Form-15 at conspicuous places and submit a copy electronically or by registered/speed post to the Inspector-cum-Facilitator.
Ensure no worker is employed in a factory or mine if the worker has already worked in another similar establishment within the preceding 12 hours, except where exemption is permitted under the Rules.
Maintain Form-16 containing particulars of workers and employees as may be prescribed, electronically or otherwise.
Maintain Form-17 recording attendance and muster roll details of workers and employees, electronically or otherwise.
Maintain Form-18 containing details of wages, overtime and deductions, electronically or otherwise.
Maintain Form-19 recording leave with wages granted to workers, electronically or otherwise.
Employer shall issue Form-20 wage slips to every employee at least one day before the payment of wages, electronically or manually.
Maintain statutory registers and records in the required manner, keep them updated, preserve them for 5 years from the last entry and produce them before the Inspector-cum-Facilitator on demand.
Occupier/employer shall upload the unified annual return (Form-22) on the Official Portal on or before 1st February each year, covering the preceding calendar year.
Occupier/employer shall upload a further Form-22 return within one month of sale/abandonment or four months of discontinuance of the establishment.
Employer/occupier shall display Form-21 factory notice board with statutory particulars and safety/emergency information, in English and Hindi, at conspicuous places.
Employer shall maintain a register of accidents and dangerous occurrences in Form-24. The registers of accident and dangerous occurrences required by sub-clause (v) of clause (a) of section 33 of the Code shall be maintained in Form-24.
Provide alternative employment, wherever possible, to workers whose employment is affected by an order issued under Section 38(1)(A)(a). Wages shall not be reduced during the period of alternative employment.
Pay wages to affected workers in accordance with the Code on Wages, 2019 where the whole or part of a factory or building and other construction site is closed pursuant to an order under Section 38.
Obtain written consent from every woman employee before employing her before 6:00 a.m. or beyond 7:00 p.m.
Employee shall provide adequate transportation facilities to women employee to pick-up and drop such employee at her residence
Ensure the workplace, access routes, toilets, washrooms and drinking water facilities are adequately illuminated and easily accessible to women employees.
Provide CCTV surveillance covering the route to toilets, washrooms and drinking water facilities used by women employees.
Display the establishment’s dedicated emergency telephone numbers at conspicuous places and inside vehicles used for transportation of women employees.
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:
Rule 5(4) of the Rajasthan OSH Rules, 2026 — Cancellation of Registration for Misrepresentation
Any registration obtained by providing wrong information shall be liable to be cancelled, provided that the establishment or factory has been given an opportunity to show cause within a period of 30 days — electronically, by registered post, or by speed post — as to why the certificate of registration should not be cancelled.
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.
Section 104 of the Occupational Safety, Health and Working Conditions Code, 2020 — Penalty for Continuing Work in Contravention of Order under Section 38
Whoever continues to work in contravention of any general or special order issued under the provisions of Section 38 shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to a fine which may extend to five lakh rupees, provided that the court shall not impose a fine of less than two lakh rupees without recording in the judgment the reasons for imposing such reduced fine.
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