OSHA: Compliance Obligations for US Employers in India

As globalization continues to reshape how and where we work, U.S. companies are increasingly expanding operations abroad. Whether it's outsourcing customer service to Bengaluru or manufacturing in Pune, one legal question keeps rising to the surface: Do U.S. workplace safety laws, like OSHA, apply to employees working in India?

As a partner at Kirtbody & Evans LLP, specializing in international employment law, I want to make one thing clear—while OSHA (Occupational Safety and Health Administration) regulations may not technically extend jurisdiction outside U.S. borders, liability and responsibility do. U.S. employers with operations in India cannot simply forget the compliance frameworks they follow at home. Not only does this open them up to reputational and civil risk, but it also often puts them in violation of both Indian law and the very corporate governance standards they claim to uphold.

Further to this:

Understanding OSHA’s Reach (and Its Limits)

OSHA was established to ensure safe and healthful working conditions for employees by setting and enforcing standards. However, OSHA’s jurisdiction is geographically bound to the United States and its territories. That means it doesn’t automatically apply to employees based in India—unless, for example, a U.S.-based employee is temporarily deployed to an overseas site.

This often leads employers to assume that once an employee is physically located overseas, U.S. safety obligations no longer apply. Legally, this may be technically true in some scenarios—but functionally, it's dangerously misleading.

OSHA still matters—and failing to meet its principles abroad can carry serious consequences.

Why U.S. Employers Can’t Ignore OSHA Standards in India

1. Corporate Policy & Ethical Consistency

Large U.S. firms often tout global values of equality, safety, and dignity in the workplace. It becomes inconsistent—and legally risky—to offer OSHA-compliant ergonomic chairs, fire exits, and ventilation in New York while tolerating substandard conditions in Mumbai.

This inconsistency can violate internal codes of conduct, ESG policies, and supply chain ethics agreements. The reputational damage from such contradictions can be severe—and expensive.

2. Contractual and Fiduciary Responsibilities

U.S. companies often enter into agreements with clients, partners, and governments that require adherence to OSHA-equivalent safety standards worldwide. Failing to apply OSHA-informed protections in India could breach these contracts, especially where government funding or sensitive data are involved.

3. Exposure Under U.S. Tort and Employment Law

Even if OSHA itself doesn’t reach India, plaintiffs’ attorneys might argue that the failure to apply OSHA-like safety standards in overseas operations contributed to negligence. This could arise in wrongful death, discrimination, or disability cases involving remote teams or overseas manufacturing.

For example, if a U.S. tech company has an Indian software team working under physically harmful conditions—and this results in a musculoskeletal injury—a strong case could be made that OSHA-level precautions were reasonably expected but irresponsibly omitted.

The Indian Legal Context: The Factories Act, 1948

India is no regulatory wild west. The Factories Act of 1948 sets rigorous health, safety, and welfare standards, especially for manufacturing and factory-based workplaces. The Act covers everything from ventilation, lighting, and sanitation to the ergonomics of machinery and workstation design.

Crucially, if your U.S. business owns or heavily controls Indian operations—even via a subsidiary—you are implicitly bound by this legislation. Penalties can range from fines to imprisonment for directors. More importantly, non-compliance can trigger labour unrest, reputational fallout, and increased scrutiny from local authorities.

Moreover, India has recently enhanced its labour laws through the Occupational Safety, Health and Working Conditions Code (2020), designed to streamline and update protections. Western employers would do well to align with this proactively.

Best Practices: Legal Recommendations for U.S. Employers

As a legal advisor to multinational companies operating in India, here are five concrete steps I recommend:

1. Conduct a Cross-Border Risk Audit: Assess whether your Indian teams are working in OSHA-equivalent conditions. Include workstation ergonomics, air quality, safety exits, and break policies.
2. Integrate OSHA Principles into Global HR Policy: Even if OSHA doesn’t legally apply, making it the minimum global standard signals leadership, ethics, and foresight.
3. Ensure Vendor and Contractor Compliance: Your responsibility doesn’t end at outsourcing. Enforce safety clauses in third-party contracts and audit them.
4. Document Everything: Demonstrating proactive compliance can protect against future litigation or tribunal claims.
5. Stay Informed on Indian Legal Developments: Collaborate with local counsel and ergonomics professionals to stay ahead of evolving Indian laws like the OSH Code.

Operating globally doesn’t mean abandoning American values or legal principles. If anything, globalization heightens the need for consistency, responsibility, and due diligence. OSHA may not have a passport—but its principles should travel with your business wherever it goes.

Failing to apply those standards in India doesn’t just expose your workers—it exposes your company.

Noah Abrams, Kirtbody & Evans LLP