Maharashtra’s PoSH Inspection Drive: Is Your Workplace Compliance-Ready?

Following a circular issued by the Women and Child Development Department on May 14, the Maharashtra government began on-site PoSH compliance inspections across workplaces. This marks a shift from policy-based compliance expectations to active verification of how organisations are implementing the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. With the increase in regulatory scrutiny, HR leaders, legal teams, founders, as well as senior management, must assess if their workplaces are inspection-ready.

In this blog, we will learn about what the authorities may review during inspections and how organisations can strengthen their PoSH compliance preparedness.

A] What Is Driving Maharashtra’s PoSH Inspection Push?

The recent inspection initiative by Maharashtra indicates a stronger focus on workplace safety, accountability, and grievance redressal mechanisms by the regulatory body. While many organisations have adopted PoSH policies and established Internal Complaints Committees (ICC/ICs), authorities are now more focused on how the measures are carried out effectively in practice.

The recent approach goes beyond reviewing policy documents. Inspecting authorities are expected to assess whether organisations have implemented the requirements expected as per the PoSH Act and whether employees can access the appropriate reporting and redressal mechanisms.

The inspections are expected to cover government, semi-government, as well as private sector workplaces in Maharashtra. This shift indicates a compliance environment which is more proactive and in which organisations may be required to display ongoing adherence instead of simply maintaining documentation.

Therefore, businesses must consider reviewing their PoSH compliance frameworks, employee and ICC awareness initiatives, committee structures, record-keeping processes, and ongoing PoSH training programmes to ensure they are prepared for potential inspections.

B] What Do Authorities Review During a PoSH Compliance Inspection?

A PoSH inspection typically evaluates both compliance documentation and the practical implementation of workplace redressal mechanisms. Current expectations are also reflected in the widely referenced 31-point PoSH inspection checklist being used as a compliance benchmark. Authorities may review the following areas:

• Internal Committee Constitution: Whether the IC is properly constituted at every location as per statutory requirements, including member eligibility and representation.
• External Member Appointment: Verification of the appointment, qualifications, and participation of the external member.
• PoSH Policy Availability: If a compliant PoSH policy exists and is accessible to employees.
• Awareness Displays: Display of PoSH awareness posters and also the reporting information at the workplace.
• Complaint Reporting Mechanisms: Availability of a clear process for reporting complaints to the ICC and seeking support, formally also known as the “Order Constituting ICC”.
• Inquiry Records and Documentation: Maintenance of complaint records, inquiry proceedings, related documentation, and confidentiality safeguards to protect the identity of parties involved.
• Statutory Timelines: Compliance with the 90-day statutory timeline for inquiry completion under Section 13(1) and other reporting obligations prescribed under the Act.
• Annual Reporting Requirements: Submission and maintenance of past ICC Annual Reports
• SHe-Box Registration: Registration on the portal and updated IC details and readiness to align with applicable SHe-Box requirements.
• Interim Relief Measures: Verification of whether appropriate interim relief, during inquiries, can be offered to complainants, where applicable, under the PoSH Act.

C] How Can Businesses Assess Their Current PoSH Compliance Position?

A self-audit that is structured can help organisations in identifying compliance gaps before an inspection. The areas mentioned below can be considered:

• Internal Committee Compliance: Is the IC properly constituted and compliant with statutory requirements?
• Employee Awareness: Are employees aware of how and where to report concerns or complaints and what all behaviours may amount to sexual harassment?
• Documentation Readiness: Are PoSH policies, orders constituting ICCs, PoSH posters, committee records, meeting minutes, and PoSH compliance documents updated and audit-ready?
• Inquiry Process Compliance: Are complaint handling procedures aligned with the timelines and processes prescribed under the PoSH Act?
• Policy Accessibility: Can employees easily access the PoSH policy and order constituting ICC?
• Reporting Obligations: Have the ICC annual reports and other required disclosures been completed for the past years?
• SHE-Box Information Updates: Are IC details and related information current and accurately maintained? Regular compliance reviews can help organisations address gaps proactively rather than during an inspection.

These challenges are explored in greater detail in our guide on the key PoSH compliance gaps businesses should address.

D] Why Is PoSH Awareness Trainings Critical for PoSH Compliance and Workplace Culture?

Effective PoSH compliance extends beyond policies and committee formation. Employee awareness and ICC skill-building are critical components of creating a safe and respectful workplace while also supporting legal compliance obligations.

PoSH training helps employees understand what constitutes inappropriate behaviour, workplace sexual harassment, and unacceptable conduct. It also enables employees to understand how complaints can be reported to the ICC and where to seek support when needed.

In addition to employee awareness programmes, PoSH training for ICC members plays an important role in ensuring complaints are handled appropriately and as per the specified procedures. Well-trained stakeholders are less likely to make procedural errors which can affect the fairness or validity of an inquiry.

Exceeding compliance, regular awareness programmes contribute to psychological safety by encouraging employees to speak up without fear of retaliation. This can strengthen trust, improve workplace culture, and reinforce accountability in the organisation.

In today’s compliance environment, awareness training is not only best practice but also an important element of a strong PoSH framework.

E] What Are the Risks of Non-Compliance Under Increased Regulatory Scrutiny?

With enforcement efforts becoming more active, the consequences of non-compliance may become increasingly visible. Organisations may face risks including:

• Financial Consequences: Under Section 26 of the PoSH Act, first-time offenders may have to face penalties of up to ₹50,000, along with directions for corrective action. Repeat violations cause higher penalties, including fines which can be doubled and could also lead to cancellation of business license
• Repeat Scrutiny: Increased monitoring, follow-up reviews, or additional inspections.
• Internal Committee Deficiencies: Challenges which can arise when ICC is not formed properly or functions, as required under the Act.
• Documentation Gaps: Missing records, inquiry files which are incomplete, or outdated compliance documents.
• Reputational Impact: Negative perceptions among employees, clients, partners, and stakeholders.
• Workplace Trust Issues: Lowered confidence in employees in the grievance redressal mechanisms.
• Talent and Retention Challenges: Potential impact on employer branding, employee engagement, and retention.

With Maharashtra’s PoSH inspection drive gaining momentum, organisations may find that compliance is no longer examined solely through policies on paper but through demonstrable implementation and preparedness. Proactively identifying gaps, strengthening Internal Committee processes, maintaining accurate documentation, and building awareness across the workforce can help organisations in staying prepared.

Complykaro, a Mumbai-based organisation empanelled with the Ministry of Women and Child Development, supports organisations with PoSH training and compliance, PoSH audits, IC setup, and policy documentation. For organisations seeking to improve their preparedness for regulatory inspections, get in touch and explore how Complykaro can support your compliance journey through practical, and end-to-end solutions.