Following the circular issued by the Women and Child Development Department on May 14, Maharashtra has started conducting on-site PoSH compliance inspections across workplaces. This development highlights a stronger focus on how organisations are implementing the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

For HR professionals, legal teams, business owners and senior management, this means that having policies in place may not be enough. Organisations should also be able to demonstrate that their Internal Committee is functioning appropriately, employees are aware of the reporting process, records are maintained, and required compliance activities are being carried out.

In this blog, we explore the important areas organisations should review to improve their preparedness for a PoSH inspection.

A] Why Is Maharashtra Increasing Its Focus on PoSH Compliance?

The inspection initiative reflects a greater emphasis on workplace safety, accountability and effective grievance redressal. While organisations may already have PoSH policies and Internal Complaints Committees in place, the focus is increasingly shifting toward whether these measures are actually implemented within the workplace.

Authorities may review more than just policy documents. Organisations should be prepared to demonstrate that employees have access to appropriate reporting mechanisms and that the Internal Committee is capable of handling complaints according to the requirements of the PoSH Act.

The inspections may cover government, semi-government and private-sector workplaces across Maharashtra. As a result, businesses should regularly review their compliance framework rather than preparing only when an inspection is announced.

This includes checking Internal Committee structures, employee awareness, documentation, complaint-handling procedures and training programmes.

B] What Can Be Checked During a PoSH Inspection?

A PoSH inspection can examine both documentation and the practical implementation of workplace grievance mechanisms. Organisations should therefore review the following areas:

• Internal Committee Constitution: The Internal Committee should be properly constituted at each applicable workplace location, with members meeting the required eligibility and representation requirements.
• External Member: Organisations should maintain appropriate records relating to the appointment, qualifications and participation of the external member.
• PoSH Policy: A suitable PoSH policy should be available and accessible to employees.
• Workplace Displays: Required PoSH awareness posters and complaint-reporting information should be displayed appropriately.
• Complaint Mechanism: Employees should have access to a clear process for reporting complaints to the Internal Committee.
• Inquiry Documentation: Complaint records, inquiry proceedings and supporting documentation should be properly maintained while protecting confidentiality.
• Statutory Timelines: Organisations should ensure that inquiries are completed within the applicable statutory timelines under the PoSH Act.
• Annual Reports: Past Internal Committee Annual Reports and other relevant reporting records should be maintained.
• SHe-Box Information: Organisations should ensure that applicable SHe-Box registration and Internal Committee information is updated.
• Interim Relief: Where applicable, organisations should have mechanisms for providing appropriate interim relief during an inquiry.

Maintaining these records systematically can make it easier for organisations to demonstrate compliance when required.

C] How Can Organisations Identify PoSH Compliance Gaps?

A structured internal review can help businesses identify areas that require attention before an inspection.

Organisations can begin by asking:

• Is our Internal Committee properly constituted?
• Are all committee members aware of their responsibilities?
• Do employees know what constitutes sexual harassment?
• Do employees understand where and how they can report a complaint?
• Is our PoSH policy easily accessible?
• Are our committee records and meeting minutes properly maintained?
• Are complaint and inquiry documents complete and securely stored?
• Have the required annual reports been maintained?
• Are SHe-Box details accurate and up to date?
• Are employee and committee training programmes being conducted regularly?

Regularly reviewing these areas allows businesses to identify shortcomings and take corrective measures proactively.

D] Why Is PoSH Training Important for Workplace Compliance?

PoSH compliance involves more than creating a policy or establishing an Internal Committee. Employees and committee members need to understand their respective roles for the framework to work effectively.

PoSH training helps employees understand inappropriate workplace behaviour, sexual harassment, reporting procedures and the available grievance redressal mechanism. Awareness can also help employees recognise unacceptable conduct and understand where they can seek support.

Internal Committee members have different responsibilities and require appropriate knowledge to handle complaints fairly and according to the applicable procedures. PoSH training for ICC members can help committee members understand complaint handling, inquiry procedures, confidentiality and their responsibilities under the PoSH framework.

Regular awareness and training initiatives can also contribute to a workplace culture where employees feel more confident about raising concerns and understand the organisation’s commitment to maintaining a safe and respectful environment.

E] What Can Happen If Organisations Fail to Maintain Compliance?

With greater regulatory scrutiny, organisations should not overlook PoSH compliance gaps. Failure to meet applicable requirements can create several risks for businesses.

These may include:

• Financial Penalties: Non-compliance may result in penalties under the PoSH Act, including penalties of up to ₹50,000 for certain first-time offences.
• Further Scrutiny: Organisations may face additional monitoring or follow-up inspections.
• Committee-Related Issues: An improperly constituted or ineffective Internal Committee can create significant compliance concerns.
• Documentation Gaps: Missing or incomplete records can make it difficult to demonstrate compliance.
• Reputational Concerns: Compliance failures can negatively affect how employees and other stakeholders perceive the organisation.
• Reduced Employee Trust: Employees may lose confidence in the organisation’s grievance redressal mechanisms.
• Employee Retention Challenges: Weak workplace policies and ineffective complaint mechanisms can affect employee engagement and employer reputation.

Businesses should therefore approach PoSH compliance as an ongoing responsibility rather than a one-time exercise.

F] How Can Businesses Become Inspection-Ready?

Organisations can strengthen their preparedness by regularly reviewing and improving their overall PoSH framework.

A practical approach includes:

1. Reviewing the PoSH policy and ensuring that employees can access it.
2. Verifying the constitution and details of the Internal Committee.
3. Maintaining appropriate records relating to the external member.
4. Conducting employee awareness programmes.
5. Providing suitable training to Internal Committee members.
6. Reviewing complaint-handling and inquiry procedures.
7. Maintaining meeting minutes and other relevant documentation.
8. Completing applicable annual reporting requirements.
9. Reviewing SHe-Box information regularly.
10. Conducting periodic internal PoSH compliance reviews.

These steps can help organisations identify gaps early and improve their readiness for regulatory scrutiny.

Conclusion

Maharashtra’s PoSH inspection drive highlights the importance of demonstrating practical implementation of workplace sexual-harassment prevention and redressal requirements. Organisations should therefore look beyond simply maintaining a PoSH policy and focus on effective Internal Committee functioning, employee awareness, appropriate documentation, complaint-handling procedures and regular training.

A proactive approach to PoSH training and compliance can help businesses strengthen their overall framework and address potential gaps before they become larger compliance concerns.

Complykaro supports organisations with PoSH training, compliance, audits, Internal Committee setup and policy documentation. Organisations looking to review their existing framework and strengthen their inspection preparedness can get in touch with the team for practical, end-to-end support.