Setting Up of Business, Industrial and Labour Laws · The Occupational Safety, Health and Working Conditions Code, 2020

OSH Code 2020 Special Provisions for Factories, Mines, Docks and Building Workers

Updated 11 October 2026 · Fact-checked

The OSH Code, 2020 applies workplace-specific safety rules to factories, mines, dock work, building and construction work, and beedi and cigar establishments. The Central Government notifies standards under section 18, and employers owe extra duties under section 6. To answer, state the provision, apply it to the facts, then conclude.

Understand Special Provisions: Factories, Mines, Docks, Building Workers

The OSH Code, 2020 does not rely on one rulebook for every workplace. A desk job and a mine face very different risks. So the Code lets the Central Government declare safety and health standards for specific kinds of workplace: factory, mine, dock work, beedi and cigar, building and other construction work, and other establishments.

The power sits in section 18. Under it, the Central Government declares standards by notification. These standards deal with physical, chemical and biological hazards. The aim is that, as far as feasible on the best available evidence, no employee suffers material impairment of health or functional capacity even with regular exposure to such hazards.

The standards also cover how hazards are appraised, how exposure is monitored and measured, and what medical examinations and tests the employer must make available, by the employer or at their cost. They include hazard evaluation procedures such as safety audit and hazard and operability study. Medical examination for occupational disease can continue even after the employee leaves the job, if the disease arose out of or in the course of employment.

The employer's side is in section 6. Every employer must keep the workplace free from hazards, comply with the section 18 standards, bear the cost of safety measures and medical checks, and ensure disposal of hazardous and toxic waste, including e-waste. For factory, mine, dock work, building or other construction work or plantation, the employer is also responsible for the safety and health of employees, workers and other persons on the premises, with or without the employer's knowledge.

Section 6(2) lists particular duties for these high-risk workplaces: safe plant and systems of work, safe handling, storage and transport of articles and substances, information, instruction, training and supervision, safe places of work with safe access and exit, and a safe working environment with welfare facilities.

Key rules to remember

Central Government's power to declare standards: Section 18(1): standards declared by notification for factory, mine, dock work, beedi and cigar, building and other construction work and other establishments; The standards are made by the Central Government, not by the employer or the inspector.
Core aim of the standards: Section 18(2)(a): no employee suffers material impairment of health or functional capacity, even with regular exposure to hazards, to the extent feasible on the best available evidence; Qualify with 'to the extent feasible'. Do not say hazards must be eliminated absolutely.
Post-employment medical examination: Section 18(2)(c): examination extends to a person who has ceased employment if suffering from an occupational disease arising out of or in the course of employment; A frequent point for short notes.
Amending the Second Schedule: Section 18(3): Central Government, on recommendation of the National Board, after notifying intention for not less than 45 days; Remember the 45-day notice and the National Board's recommendation.
State amendment of standards: Section 18(4): State Government may amend only with prior approval of the Central Government, for establishments where it is the appropriate Government; Prior approval, not later ratification.
Extended employer responsibility: Section 6(1)(h): for factory, mine, dock work, building or other construction work or plantation, employer is responsible for safety and health of employees, workers and other persons on the premises, with or without knowledge; Covers visitors and others, not only employees.
No charge on employees: Section 6(1)(g): no charge on any employee for safety and health measures, including medical examination for detecting occupational diseases; Cost lies with the employer.
Particular duties in high-risk workplaces: Section 6(2)(a) to (e): safe plant and systems, safe handling and storage, training and supervision, safe workplace with access and egress, safe working environment and welfare; Applies to factory, mines, dock, building or other construction work or plantation.

How to solve Special Provisions: Factories, Mines, Docks, Building Workers questions

Use this method for any question on special provisions for factories, mines, docks, building work or hazardous processes.

1Identify the type of workplace in the facts: factory, mine, dock work, building or construction work, beedi and cigar, or plantation.
2Name the source of the rule: standards under section 18, or employer duties under section 6.
3State the provision in plain words, including its qualifiers such as 'to the extent feasible' or 'as far as reasonably practicable'.
4Match each fact to a specific duty, for example training, safe access, waste disposal, medical examination or cost.
5Check who must act: the Central Government for standards, the State Government only with prior Central approval, the employer for compliance.
6Write a clear conclusion that says whether the employer complied and what it must do.
7If the question mentions hazardous processes beyond the supplied text, state the general rule without quoting a section number you are unsure of.

Quickest way: Workplace, source, duty, conclusion

When to use it: Use this for short notes and case-study questions when time is tight.

Write the workplace type in one line.
Write 'Section 18' for standards or 'Section 6' for employer duties.
List the two or three duties that match the facts.
Add the extended responsibility for persons on premises if the workplace is a factory, mine, dock, construction site or plantation.
Close with one sentence of conclusion.

Common mistakes in Special Provisions: Factories, Mines, Docks, Building Workers

Saying the employer must make the workplace absolutely risk-free.
Students remember the heading 'safety' and skip the qualifiers.
Fix: Quote the qualifiers: 'as far as reasonably practicable' in section 6(1)(d) and 'to the extent feasible' in section 18(2)(a).
Writing that the State Government freely amends safety standards.
Students assume labour is a shared subject so States have full power.
Fix: State that under section 18(4) the State needs prior approval of the Central Government and acts only for establishments where it is the appropriate Government.
Limiting employer responsibility to employees.
The word 'employer' suggests only the employment relationship.
Fix: Section 6(1)(h) extends responsibility to workers and other persons on the premises, with or without the employer's knowledge, for factory, mine, dock work, building or construction work or plantation.
Forgetting that medical examination can continue after employment ends.
Students link medical checks only to current employees.
Fix: Cite section 18(2)(c): examination extends to a person who has left employment if suffering from an occupational disease arising out of or in the course of employment.
Letting the employer recover safety or medical costs from employees.
Students treat costs as a matter of contract.
Fix: State section 6(1)(g): no charge may be levied on any employee for safety and health measures, including medical examination for detecting occupational diseases.
Confusing the 45-day notice with the amendment of standards in general.
Both are in section 18 and look similar.
Fix: The 45-day notice and National Board recommendation apply to amending the Second Schedule under section 18(3).

Worked examples

Example 1

Surya Chemicals Ltd runs a factory in Vadodara. A visiting contractor's electrician is injured by an unguarded machine. The company says the electrician is not its employee, so it owes no duty. Advise.

Show the solution

Provision: section 6(1)(h) makes the employer of a factory responsible for the safety and health of employees, workers and other persons on the work premises, with or without the employer's knowledge.
Section 6(1)(a) also requires the employer to ensure the workplace is free from hazards likely to cause injury.
Section 6(2)(a) requires safe plant and systems of work without risk to health.
Facts: the electrician was on the factory premises, and the injury came from an unguarded machine, which is a hazard in the employer's plant.
Analysis: the company's plea fails because the duty is not limited to its own employees.

Answer: The company's argument is not sound. Under section 6(1)(h), the factory employer is responsible for the safety of other persons on its premises, with or without its knowledge. The unguarded machine breaches the duty to keep plant safe under sections 6(1)(a) and 6(2)(a).

Example 2

A mine owner makes workers pay ₹200 each for the annual medical test for occupational disease and refuses to examine a former worker who left the mine and now shows symptoms of a disease arising from his earlier work. Examine the legality.

Show the solution

Provision on cost: section 6(1)(g) bars any charge on employees for safety and health measures, including medical examination for detecting occupational diseases.
Application: the ₹200 charge is therefore not permitted, and the employer must bear the cost.
Provision on former workers: section 18(2)(c) says the standards cover medical examination and criteria for detecting and reporting occupational diseases, to be extended to a person even after he ceases employment, if suffering from an occupational disease arising out of or in the course of employment.
Application: the former worker is suffering from a disease said to arise from his earlier work, so the standards on examination should extend to him.
Section 6(1)(b) requires the employer to comply with the standards declared under section 18.

Answer: Both actions are contrary to the Code. The charge violates section 6(1)(g). Refusing the former worker conflicts with section 18(2)(c), read with the duty to comply with the standards under section 6(1)(b). The owner should refund the charges and arrange the examination.

Exam tips

Quote the exact qualifiers, 'to the extent feasible' and 'as far as reasonably practicable'. Examiners look for them.
Link every duty to a section: section 18 for standards, section 6 for employer duties. A bare answer without a section loses marks.
In case studies, check first whether the workplace is a factory, mine, dock, construction site or plantation, since only those attract section 6(1)(h) and 6(2).
Learn the five items in section 6(2) as a list: safe plant, safe handling of substances, training and supervision, safe workplace and access, safe environment and welfare.
If a question needs details not in your notes, such as the definition of a hazardous process, state the rule generally and do not guess a section number.

Practice questions from The Occupational Safety, Health and Working Conditions Code, 2020

Special Provisions: Factories, Mines, Docks, Building Workers in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

CS ProfessionalSpecial Provisions for Factories, Mines, Docks, Beedi and Building Workers

Special Provisions: Factories, Mines, Docks, Building Workers: frequently asked questions

Who declares occupational safety and health standards under the OSH Code, 2020?

The Central Government declares them by notification under section 18(1). They apply to workplaces such as factories, mines, dock work, beedi and cigar, and building and other construction work. A State Government may amend them only with prior approval of the Central Government.

Does the employer owe a safety duty to people who are not employees?

Yes, in certain workplaces. For factory, mine, dock work, building or other construction work or plantation, section 6(1)(h) makes the employer responsible for the safety and health of employees, workers and other persons on the premises. This applies with or without the employer's knowledge.

Can an employer charge workers for safety equipment or medical tests?

No. Section 6(1)(g) requires the employer to ensure no charge is levied on any employee for anything done or provided for safety and health at the workplace. This includes medical examination and investigation to detect occupational diseases.

Is there a medical examination duty after an employee leaves the job?

The standards under section 18(2)(c) extend medical examination to a person even after they cease employment. This applies if they are suffering from an occupational disease that arises out of or in the course of employment.