LEGAL EVALUATION EMPLOYER’S LIABILITY ON FACTORIES UNDER THE OSH CODE, 2020: A LEGAL EVALUTION

AUTHOR – SAVITHA S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

BEST CITATION – SAVITHA S, LEGAL EVALUATION EMPLOYER’S LIABILITY ON FACTORIES UNDER THE OSH CODE, 2020: A LEGAL EVALUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 424-435, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Occupational Safety, Health and Working Conditions Code, 2020 represents a significant consolidation and reform of India’s labour laws, aiming to streamline and strengthen workplace safety across various sectors, particularly factories. This research critically evaluates the scope and extent of employer liability under the Code, with a focused analysis on statutory duties, compliance requirements, and enforcement mechanisms applicable to factory establishments. The study examines key provisions relating to employer obligations, including the duty to ensure a safe working environment, provision of welfare facilities, risk assessment, and adherence to prescribed safety standards.

Further, the paper analyses the legal consequences of non-compliance, including penalties, offences, and the role of inspectors-cum-facilitators in ensuring accountability. It also explores the extent to which the Code departs from or builds upon the earlier framework under the Factories Act, 1948. Through doctrinal analysis and relevant judicial interpretations, the research identifies practical challenges in implementation, such as lack of awareness, enforcement gaps, and infrastructural deficiencies, which may dilute the effectiveness of employer liability provisions.

The study concludes by assessing whether the OSH Code adequately balances industrial growth with worker protection and suggests reforms to enhance employer accountability and strengthen occupational safety governance in factories.

Keywords:
Employer Liability, OSH Code 2020, Factory Safety, Labour Law, Occupational Health, Workplace Regulation, compliance, industrial safety.