Section 40B Factories Act: Safety Officers and Current Law
Section 40B of the Factories Act, 1948 historically governed the appointment of Safety Officers in specified factories. The Factories Act has since been repealed on commencement of the Occupational Safety, Health and Working Conditions Code, 2020, and the current central statutory provision is Section 22 of that Code.
What was Section 40B of the Factories Act, 1948?
Section 40B was titled Safety Officers. It required the occupier of a factory to employ the number of Safety Officers specified by the State Government through an Official Gazette notification when the statutory conditions were met.
Historical requirements under Section 40B
- A factory ordinarily employing 1,000 or more workers could be required to employ Safety Officers.
- The provision also covered a factory where, in the opinion of the State Government, a manufacturing process or operation involved risk of bodily injury, poisoning, disease or another hazard to the health of persons employed in the factory.
- The obligation operated when the State Government required the occupier, by notification in the Official Gazette, to employ the specified number of Safety Officers.
- The duties, qualifications and conditions of service of Safety Officers were to be prescribed by the State Government.
Section 40B was inserted by the Factories (Amendment) Act, 1976 and took effect on 26 October 1976. The historical provision remains relevant when examining matters arising during the period in which the Factories Act applied, subject to the repeal-and-savings provisions of the current Code.
Current law: Section 22 of the OSHWC Code, 2020
The present central provision is Section 22 - Safety Committee and safety officers of the Occupational Safety, Health and Working Conditions Code, 2020. Sub-section (2) requires appointment of the prescribed number of safety officers, possessing prescribed qualifications and performing prescribed duties, in establishments meeting specified thresholds.
Safety-officer thresholds under Section 22(2)
| Establishment | Threshold ordinarily employed |
|---|---|
| Factory | 500 workers or more |
| Factory carrying on hazardous process | 250 workers or more |
| Building or other construction work | 250 workers or more |
| Mine | 100 workers or more |
Meaning and practical effect
A Safety Officer is a designated occupational-safety professional appointed in accordance with the applicable statutory framework. Under the current Code, the employer must appoint the required number of safety officers when the establishment falls within Section 22(2), while qualifications and duties are governed by the applicable rules and other legally operative requirements.
The change is important for factories because the general numerical threshold appearing in the central statute has moved from the historical Section 40B framework of 1,000 workers to 500 workers under Section 22(2)(a). A separate 250-worker threshold applies to a factory carrying on a hazardous process under Section 22(2)(b).
Repeal and savings
Section 143 of the Occupational Safety, Health and Working Conditions Code, 2020 repeals the Factories Act, 1948 from commencement of the Code. It also contains savings provisions. Actions, rules, regulations, bye-laws, notifications, nominations, appointments, orders and directions made under repealed enactments are treated as continuing under the corresponding provisions of the Code to the extent they are not contrary to the Code, until repealed. Section 6 of the General Clauses Act, 1897 also applies to the repeal.
Compliance note
Factories should not rely only on the old Section 40B worker threshold. Current compliance should be checked under Section 22 of the OSHWC Code together with the rules, standards, notifications and directions applicable to the establishment and the appropriate Government. Historical disputes and obligations arising before 21 November 2025 may require separate consideration of Section 40B and the repeal-and-savings framework.
Official legal resources
For authoritative verification, consult the official statutory text and labour-law materials. Because rules and notifications may affect the detailed duties, qualifications and implementation requirements, the latest applicable instruments should be checked before acting on this summary.
Updated: 26 September 2026. This page is a general legal information resource. For a specific establishment, verify the applicable Central or State rules, notifications and competent-authority requirements.