Maharashtra OSH Draft Rules 2026: Factory Registration, Health and Safety Guide

Maharashtra OSH Draft Rules 2026: Factory Registration, Health and Safety Guide

Maharashtra has gazetted the Maharashtra Occupational Safety, Health and Working Conditions (Factories and Other Ports) Rules, 2026 — the most extensive of the three Maharashtra Labour Code draft rules, spanning 335 pages. These rules implement the OSH&WC Code, 2020 (Central Act 37 of 2020), replacing 13 central labour laws including the Factories Act, 1948 and the Maharashtra Factories Rules, 1963.

What the OSH Code Replaces

Old Law Replaced	Year
Factories Act (primary law for Maharashtra factories)	1948
Contract Labour (Regulation and Abolition) Act	1970
Building and Other Construction Workers Act	1996
Plantations Labour Act	1951
Inter-State Migrant Workmen Act	1979
Motor Transport Workers Act	1961
Beedi and Cigar Workers Act	1966
+ 6 other central labour laws	Various

For most Maharashtra businesses, the directly applicable old law was the Factories Act, 1948 and Maharashtra Factories Rules, 1963. The new draft rules replace the 1963 Rules — a landmark change for over 33,000 registered factories in Maharashtra.

Key Changes: Old Law vs New Draft Rules 2026

Area	Old Position (Factories Act / MFR 1963)	New Draft Rules 2026
Registration Mode	Physical application to factory inspector	Mandatory online registration via Form 1 on government portal; digital/electronic signature required
Registration Fee	Varied; based on power usage and workers	Standardised: ≤50 workers: ₹500; 51–100: ₹1,000; 101–300: ₹5,000; 301+: ₹10,000
Late Registration	Penalties under Factories Act	≤30 days late: +5%; 30–60 days: +10%; >60 days: +15% of registration fee
Existing Factory Re-registration	Grandfathered under old registration	Must re-register within 6 months of Code coming into force via Form 1
Appointment Letter	Required under some old laws but not uniformly	Mandatory for all employees (Form 6); existing employees without letter: issued within 3 months of rules
Annual Health Examination	For hazardous process workers only	All workers aged 40+, free of cost, within 120 days from 1 January each year; Forms 4 and 5
Fatal/Serious Accident Reporting	Notice within 12 hours to Inspector	Within 4 hours — telephone/electronically to Inspector-cum-Facilitator, ESI Medical Officer, police (if fatal), and family
Safety Committee Threshold	250+ workers under Factories Act	>150 workers; or >50 in dangerous/hazardous process; quarterly meetings; 3-year term
Occupational Disease Reporting	Notice to Chief Inspector	Electronic notice (Form 8) to Inspector-cum-Facilitator; doctors must independently report to Chief Inspector-cum-Facilitator
Employee Safety Rights	Limited formal channels	Right to safety information; right to represent to Inspector-cum-Facilitator directly; employer must act immediately on imminent danger reports
Commencement/Cessation Notice	As per Factories Act	30 days before commencement or cessation; electronically in Form 3; cessation notice certifies all dues paid and premises clear of hazardous substances

Registration — New Online-Only Process (Rules 3–4)

New registrations: Apply electronically on the government portal (Form 1). Documents required: establishment details, employer identity/address proof (PAN or other unique number verified online). Fee paid via e-payment only.

Maximum Workers on Any Day	Registration Fee
Up to 50	₹500
51 to 100	₹1,000
101 to 300	₹5,000
301 and above	₹10,000

Critical for existing factories (Rule 3(A)(3)): Every establishment already registered under the Factories Act, 1948 must apply for fresh registration under the new Code in Form 1, electronically, within 6 months of the Code coming into force. This is not automatic — a new application is required.

Appeal against Registering Officer’s order: Must be filed within 30 days; Appellate Officer must dispose within 30 days.

Commencement/cessation notice (Rule 4): Electronically in Form 3 30 days before starting or closing operations. Cessation notice must certify all employee dues paid and premises clear of hazardous substances.

Annual Health Examination for Workers 40+ (Rule 5)

A new universal requirement with wide practical impact:

• Applies to every worker who has completed 40 years of age — in every establishment regardless of size
• Examination within 120 days from 1 January each year
• Completely free of cost to the worker
• Conducted by a qualified medical practitioner per Form 4 proforma; summary in Health Register (Form 5)
• Employer must obtain report with Forms 4 and 5 within 15 days of examination
• Employers may use ESIC facility where applicable

Appointment Letters — Mandatory for All (Rule 6)

No employee can be employed without a letter of appointment in Form 6. For workers already employed when the rules come into force but without an appointment letter, the employer has 3 months to issue one. This applies to all establishments covered under the OSH Code — not just factories.

Accident Reporting — Stricter Timelines (Rule 7)

• Fatal or serious accidents: Notify by telephone or electronically within 4 hours to (a) Inspector-cum-Facilitator, (b) ESI Administrative Medical Officer, (c) nearest police station (if fatal or likely fatal), and (d) family member/kin of the injured or deceased
• Written confirmation (Form 87 or Form 7) within 12 hours
• Minor accidents: Written notice (Form 7) within 12 hours of disability exceeding 48 hours cumulative
• Dangerous occurrences (even without injury): Form 7 within 12 hours to Inspector-cum-Facilitator and District Magistrate/SDO
• Post-accident death: If death occurs after initial reports were sent, notify all authorities again forthwith by telephone and confirm in writing within 12 hours

Employee Safety Duties and Rights (Rules 9–10)

Employee duty (Rule 9): Any employee who becomes aware of an unsafe or unhealthy condition in the establishment must report to the health and safety representative, safety officer, or manager — electronically, in writing, or by telephone — as soon as practicable.

Employee rights (Rule 10):

• Right to obtain safety and health information from the occupier/employer
• Right to represent directly to the Inspector-cum-Facilitator about inadequate safety provisions
• Employer must take immediate remedial action on imminent danger reports and send a forthwith report to the Inspector-cum-Facilitator

Safety Committee (Rule 19)

Mandatory Safety Committees in establishments that meet any of these thresholds:

• More than 150 workers ordinarily employed
• Carries on a declared dangerous process or operation and employs more than 50 workers
• Handles hazardous substances and employs 50 or more workers
• Carries on a hazardous process and employs more than 50 workers

Safety Committee tenure: 3 years. Meetings: at least once every quarter. Minutes recorded by Secretary and recommendations submitted to Employer/Manager within 15 days of the meeting. Employer/Manager must respond within 15 days of receiving recommendations.

Maharashtra OSH Advisory Board (Rules 11–18)

The Maharashtra Occupational Safety and Health Advisory Board is chaired by the Additional Chief Secretary (Labour) and includes: Commissioner of Labour, Chief Inspector-cum-Facilitator, representative of ESIC, Director of Health Services, five employer representatives, and five employee representatives. Board meets at least every 6 months; quorum requires 2/3 of members including at least one employer and one employee representative. Technical Committees of up to 7 members may be constituted for specific safety standards.

Employer Compliance Checklist

Action Item	Applicable To	Priority
Apply for fresh OSH Code registration (Form 1, online) within 6 months of Code coming into force	All existing factories/establishments	CRITICAL
Issue appointment letters (Form 6) to all existing employees without one	All establishments	HIGH
Set up annual health examination programme for workers aged 40+	All establishments with workers aged 40+	HIGH
Constitute Safety Committee if not already done	150+ workers; 50+ in hazardous process	HIGH
Upgrade accident reporting system for 4-hour fatal notification capability	All establishments	HIGH
Create employee unsafe-condition reporting channel (electronic/telephonic)	All establishments	MEDIUM
Update commencement/cessation notification process for 30-day advance notice	All establishments	MEDIUM
Review and update all Forms under old Maharashtra Factories Rules, 1963	All factories	LOW

Frequently Asked Questions

Our factory was registered under the Factories Act in 2018. Do we need to re-register?
Yes. Rule 3(A)(3) explicitly requires establishments already registered under the Factories Act, 1948 to apply in Form 1 electronically within 6 months of the Code coming into force. This is not automatic — a fresh application is mandatory.

We have 45 workers. Does the annual health examination apply to us?
Yes. The annual health examination applies to every worker aged 40+ in every establishment regardless of size. The only question is whether you have any workers aged 40 or above.

Do appointment letter requirements apply to contract workers at our site?
The obligation falls on the worker’s employer — the contractor. However, principal employers should verify contractor compliance as liability may extend under contract law and OSH Code provisions.

We are an IT/ITeS company in Maharashtra. Does the OSH Code apply to us?
The OSH Code applies beyond factories to “establishments” meeting worker thresholds. Appointment letters, health examinations for 40+ workers, accident reporting, and safety committee requirements all apply if relevant thresholds are met.

What counts as a “dangerous occurrence” for accident reporting?
Dangerous occurrences are defined in Schedule I and include events like pressure vessel explosions, collapse of lifting machinery, fires causing structural damage, etc. — even without bodily injury. Notification within 12 hours to Inspector-cum-Facilitator and District Magistrate/SDO is required.

Download the Official Draft Rules

How TMS Supports OSH Code Compliance for Your Business

The OSH Code transition is the most operationally intensive of the three Labour Codes for most Maharashtra businesses. Re-registration, appointment letters for every employee, new health examination protocols, upgraded accident reporting, and Safety Committee constitutions all require coordinated HR, legal, and operations effort.

TMS (Team Management Services) supports clients through every step:

• Factory re-registration: End-to-end support for OSH Code online registration including documentation preparation and portal navigation
• Appointment letter issuance: Drafting compliant Form 6 letters at scale across your workforce through our contract staffing and HR services
• Annual health examination coordination: Setting up medical examination programmes for workers aged 40+ including tie-ups with panel doctors and Form 4/5 documentation management
• Safety Committee constitution: Advisory on composition, charter, and quarterly meeting facilitation
• Accident reporting systems: Implementing notification workflows that meet the 4-hour reporting requirement for fatal/serious accidents
• Contract staffing compliance: For establishments using contract workers, TMS as principal contractor manages all OSH Code obligations for deployed workforce — reducing your compliance burden and liability exposure
• Payroll and compliance outsourcing: Integrated payroll outsourcing with built-in OSH compliance tracking and alert management

Maharashtra’s Labour Code implementation is approaching. Get in touch with TMS for a free OSH compliance gap assessment for your establishment — before the rules are notified in final form.