Factory Fire Safety Under the OSH Code, 2020

Factory fire safety in India is now governed by the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code), not the Factories Act, 1948. The Code came into force on 21 November 2025 and repealed the Factories Act, including its well-known fire section, Section 38.

The core duties have not gone away. Every factory still has to prevent fires and stop them spreading, keep safe escape routes, maintain firefighting equipment, and train workers in what to do. This guide explains what changed, what each duty means on the shop floor, and what applies to factories in Delhi. For a broader overview, see our fire safety equipment for factories page.

Is Section 38 of the Factories Act Still in Force?

No. The OSH Code consolidates 13 central labour laws into one, and the Factories Act, 1948 is the biggest of them. The Ministry of Labour and Employment notified the OSH (Central) Rules on 8 May 2026. States frame their own rules for units under their control.

Three points matter most for an occupier:

• Your existing state rules still count. State factory rules continue during the transition until your state notifies its own OSH rules.
• Old orders carry over. Inspectors appointed under the old Acts continue under the Code, and action taken under the repealed law is treated as taken under the Code.
• Small units are not off the hook. A unit below the new factory thresholds may still need a Fire NOC, a municipal licence and compliance with other labour laws.

If your fire policy, signage or training material still cites “Section 38 of the Factories Act”, update it to reference the OSH Code.

The Four Fire Duties Every Factory Still Has

Much of the OSH Code re-enacts the old law in similar language, so the four fire duties from Section 38 still describe what a factory has to do.

State rules add the detail, and an inspector can still require more where a site’s risk calls for it. Under the Code, workers also have a statutory right to get safety information, raise unsafe conditions with the employer or Safety Committee, and report imminent danger to the Inspector-cum-Facilitator. Treat a worker’s report of a blocked exit or a dead extinguisher as an early warning, not a complaint.

How Much Fire Protection Does a Factory Need?

The law sets a duty rather than a fixed equipment list, so a factory should match its protection to what it actually makes and stores. A garment unit with stacks of fabric and a chemical plant with flammable liquids carry very different fire loads.

For portable extinguishers, the Bureau of Indian Standards code IS 2190:2024 sets out how to select, place and maintain them. State rules and your local fire authority set the rest. When we size equipment for a plant, we start with the shed layout, the process list and the materials stored, then map each hazard to a fire class.

Don’t wait for an inspector’s direction. Review your fire hazards at least once a year, and again whenever you change processes, add storage or extend the building.

Factory Fire Protection: The Core Layers

Good factory fire protection works in layers:

• Prevention: controlled storage of flammables, tidy housekeeping, hot-work permits and checked wiring.
• Detection: smoke or heat detectors, manual call points and an alarm that can be heard across the plant.
• Suppression: extinguishers at hand, plus hydrants, hose reels or sprinklers for larger fires.
• Escape: unlocked, unobstructed exits with clear signage and enough lighting.
• People: trained workers who know the plan.

Factory Fire Safety Equipment Checklist

Fire safety equipment should match the hazard, not just fill a wall.

For portable protection, the MANXPOWER range includes ABC, CO2 and AFFF foam extinguishers. The 9-litre AFFF foam extinguisher suits factories, warehouses and fuel stations. Not sure which type fits an area? See ABC vs CO2 fire extinguisher.

For larger areas, see our hydrant valves, fire sprinklers and conventional fire alarms, and our fire hydrant system design guide. Equipment needs servicing as much as installing, so keep a monthly check and a logbook.

What Fire Approvals Does a Factory Need in Delhi?

In Delhi, two separate systems apply. The labour authorities enforce the OSH Code. Delhi Fire Service handles fire clearance under the Delhi Fire Service Rules, 2010.

Under Rule 27 of those rules, these buildings need a Fire NOC:

The NOC is needed at two stages: at building plan approval, and again before occupation, when a Fire Safety Certificate is issued. Delhi Fire Service follows the National Building Code and Delhi’s Unified Building Bye-Laws, 2016.

The Delhi Fire Service Rules were amended in 2025, including changes to how long a Fire Safety Certificate stays valid. Confirm the current rules for your unit with Delhi Fire Service before you plan equipment or apply.

Training and Drills

Equipment alone doesn’t meet the duty. Workers must know the escape routes and the routine to follow.

• Run regular evacuation drills, including on night shifts.
• Brief new joiners, including contract workers, on day one.
• Walk each shift through its nearest exit and assembly point.
• Train selected staff to use extinguishers and hose reels.
• Record each drill with the date, time taken and attendance.

Gaps That Often Cause Trouble

Inspections tend to turn up the same few problems:

• Extinguishers that are expired, empty or the wrong type for the area
• Exits blocked by stock or locked during shifts
• Alarm points that haven’t been tested
• Workers who can’t say where the assembly point is
• Policies and notices that still cite the repealed Factories Act

Most are cheap to fix. A monthly walk-through and a logbook that records who checked what will catch nearly all of them.

How to Choose a Fire Safety Supplier in New Delhi

Whether you run one unit in Delhi or plants across India, ask a supplier a few plain questions:

• Do the products carry the relevant Indian standard approvals, with documents to show it?
• Is the range wide enough to cover extinguishers, sprinklers, hose and spares from one source?
• Are spares available, so the equipment stays serviceable?
• Can the supplier deliver across India if you run more than one plant?

Be wary of anyone who claims official endorsement. Delhi Fire Service states that it does not authorise any vendor to sell fire safety systems.

Manx Impex is an ISO 9001:2015 certified company based in New Delhi. It has supplied fire safety and industrial products across India since 2015 under its MANXPOWER brand.

The Verdict: What Does Factory Fire Safety Require Now?

The law has changed, but the job hasn’t. Under the OSH Code, a factory must prevent fires, keep escape routes clear, keep its equipment working, and train its people. State rules, the fire authority and inspectors decide the detail.

Start with a hazard review, match your equipment to it, service it on schedule, drill your workers, and update any paperwork that still cites the Factories Act. For help building your factory’s fire safety equipment list, contact Manx Impex or call +91 11 4987 2937.

This guide is general information, not legal advice. Confirm current requirements with your state labour department and local fire authority.

Frequently Asked Questions

Q1. Is Section 38 of the Factories Act still in force?

No. The Factories Act, 1948 was repealed when the OSH Code, 2020 came into force on 21 November 2025. Its fire duties now sit under the OSH Code and the rules made under it.

Q2. What fire safety duties does the OSH Code place on factories?

Factories must prevent fire and its spread, keep safe escape routes, maintain firefighting equipment, and train workers in the escape routine. State rules set the detailed requirements.

Q3. Do old state factory rules still apply?

Yes, during the transition. Existing state factory rules continue until your state notifies its own rules under the OSH Code.

Q4. Does the OSH Code list the fire equipment a factory must have?

No. It sets a duty to prevent fire, keep escape routes and maintain firefighting equipment. IS 2190:2024, state rules and your local fire authority decide the type, size and number of extinguishers and other systems.

Q5. Who handles factory fire safety approvals in Delhi?

Delhi Fire Service issues the Fire NOC for industrial buildings with more than 250 sq m of covered area on all floors. The labour authorities enforce the OSH Code separately.

Q6. How do I pick a fire safety supplier in India?

Check approvals, range, spares availability and delivery coverage. To ask about the MANXPOWER range, call Manx Impex on +91 11 4987 2937.