Labour Laws and Practice · Law of Welfare and Working Condition

Special Provisions for Factories, Mines, Docks, Beedi and Building Workers

Updated 11 October 2026 · Fact-checked

The OSH Code, 2020 replaces separate Acts for factories, mines, dock work, beedi and cigar work and building construction. Section 18 lets the Central Government notify safety and health standards for these workplaces, and Section 143 repeals the old Acts while saving actions taken under them.

Understand Special Provisions for Factories, Mines, Docks, Beedi and Building Workers

Before the OSH Code, each sector had its own Act. The Factories Act, 1948 covered factories. The Mines Act, 1952 covered mines. Separate Acts covered dock workers, beedi and cigar workers, and building and construction workers. The Code brings them under one law.

The link between the sectors is Section 18. The Central Government declares, by notification, standards on occupational safety and health for workplaces relating to factory, mine, dock work, beedi and cigar, building and other construction work and other establishments. So sector rules now sit in notified standards and rules, not in separate Acts.

Section 18(2) says what the standards must cover. They deal with physical, chemical, biological and other hazards, so that no employee suffers material impairment of health or functional capacity, to the extent feasible on the best available evidence, even with regular exposure. They also cover norms for appraising hazards, monitoring and measuring exposure, and medical examination and tests at the employer's cost for exposed employees. They cover hazard evaluation procedures such as safety audit and hazard and operability study.

Two features matter for answers. First, medical examination for occupational disease can extend to a person even after he leaves employment, if the disease arose out of or in the course of employment. Second, standards can be sector-specific: Section 18(2)(e) allows measures suited to the specific conditions at mines, factories, building and construction work, beedi and cigar work, dock work or other notified establishments.

Section 143 handles the transition. It repeals the Factories Act, 1948, the Plantations Labour Act, 1951, the Mines Act, 1952, the Beedi and Cigar Workers Act, 1966, the Dock Workers (Safety, Health and Welfare) Act, 1986, the Building and Other Construction Workers Act, 1996 and others, from the dates of notification under Section 1(2). Inspectors under the old Acts are deemed appointed under the Code. Past actions, rules and notifications are deemed taken under the Code and stay in force till repealed, to the extent they are not contrary to it.

Key rules to remember

Central standards power: Section 18(1): Central Government notifies OSH standards for factory, mine, dock work, beedi and cigar, building and other construction work and other establishments; The standards are declared by notification, not by separate Acts.
Content of standards: Section 18(2)(a): hazards dealt with so that, to the extent feasible on best available evidence, no employee suffers material impairment of health or functional capacity; Quote the words 'to the extent feasible'. It is not an absolute guarantee.
Medical examination: Section 18(2)(b)(iv): medical examination and tests made available by the employer or at his cost to employees exposed to hazards; Cost lies on the employer.
Post-employment examination: Section 18(2)(c): examination for occupational disease extends even after the employee ceases employment, if the disease arises out of or in the course of employment; A frequent point in case questions.
Amending the Second Schedule: Section 18(3): Central Government, on National Board recommendation and after notifying its intention for not less than 45 days, may amend the Second Schedule; Applies notwithstanding Section 131.
State amendment: Section 18(4): State Government may amend standards for its establishments only with prior approval of the Central Government; State power is not independent.
Repeal and savings: Section 143: listed Acts repealed from notification dates; inspectors deemed appointed; past actions deemed taken under the Code; Old rules continue only if not contrary to the Code.

How to solve Special Provisions for Factories, Mines, Docks, Beedi and Building Workers questions

Use this order for any case or theory question on sector-specific provisions.

1Identify the sector in the facts: factory, mine, dock work, beedi and cigar, building and construction, or plantation.
2Name the source: Section 18 standards under the OSH Code, 2020, and the old Act repealed by Section 143.
3State the rule in plain words, quoting key phrases such as 'to the extent feasible' and 'at his cost'.
4Apply the rule to the facts: hazard type, exposure, medical examination, who bears cost, whether the person has left employment.
5Check who has power: Central notification for standards, State amendment only with prior Central approval.
6Check transition: are old rules or actions relied on, and are they saved under Section 143(3)?
7Conclude clearly and add a practical compliance point, such as records of medical examinations or a safety audit.

Quickest way: Sector, standard, savings

When to use it: Use when time is short and the question asks for a brief note or a short case.

Write the sector and the Section 18(1) power in one line.
List two or three Section 18(2) items that fit the facts.
Add Section 18(3) or 18(4) if the question is about who may change standards.
Add Section 143 if an old Act or old rule is mentioned.
Finish with one sentence of conclusion.

Common mistakes in Special Provisions for Factories, Mines, Docks, Beedi and Building Workers

Saying the Factories Act, 1948 or Mines Act, 1952 still governs a workplace without any qualification.
Students learned the old Acts first.
Fix: State that these are listed for repeal under Section 143(1) from the notification date, and that earlier actions are saved under Section 143(3).
Stating that the Code guarantees no employee will ever suffer health impairment.
The wording is read loosely.
Fix: Quote 'to the extent feasible on the basis of the best available evidence' from Section 18(2)(a).
Saying medical examination stops when employment ends.
Students link examination only to current service.
Fix: Section 18(2)(c) extends examination for occupational disease even after the employee ceases employment.
Letting a State Government amend standards on its own.
Labour is a concurrent subject, so students assume State freedom.
Fix: Under Section 18(4) the State needs prior approval of the Central Government.
Treating all old rules as cancelled on repeal.
Students ignore the savings clause.
Fix: Under Section 143(3), rules and notifications continue to the extent not contrary to the Code, until repealed by the Central Government.

Worked examples

Example 1

A chemical factory in Gujarat exposes workers to a toxic solvent. One worker, Ramesh, retired two years ago and now shows symptoms of a disease linked to that exposure. Advise on the position under the OSH Code, 2020.

Show the solution

Provision: Section 18 lets the Central Government notify standards for factories, including standards on chemical hazards.
Section 18(2)(a) requires standards that deal with chemical hazards so that, to the extent feasible, no employee suffers material impairment of health even with regular exposure.
Section 18(2)(b)(iv) provides for medical examination and tests for exposed employees, by the employer or at his cost.
Section 18(2)(c) extends examination for occupational disease to an employee even after he ceases to be in employment, if the disease arises out of or in the course of employment.
Application: Ramesh's disease is linked to his workplace exposure, so retirement does not remove him from the examination provisions.

Answer: Ramesh can be covered by medical examination and reporting for occupational disease under Section 18(2)(c) even though he has retired, provided the disease arose out of or in the course of his employment. The employer should keep exposure and examination records and act on the notified standards.

Example 2

A State Government wants to relax a notified safety standard for building and construction sites in its State, and a contractor relies on an old rule made under the Building and Other Construction Workers Act, 1996. Examine both points.

Show the solution

The State point: Section 18(4) lets a State Government amend standards under Section 18(1) and (2) for establishments for which it is the appropriate Government, but only with the prior approval of the Central Government.
Without that prior approval the State amendment lacks authority.
The old rule point: Section 143(1)(m) repeals the 1996 Act from the notification date.
Section 143(3) deems actions and rules under the repealed Act to be taken under the corresponding provisions of the Code, and they remain in force to the extent they are not contrary to the Code, until repealed by the Central Government.
Application: the contractor may rely on the old rule only if it is not contrary to the Code.

Answer: The State may amend the standard only after obtaining prior Central approval under Section 18(4). The contractor may rely on the old rule only to the extent it is not contrary to the Code, as saved by Section 143(3).

Exam tips

Learn Section 18(1) to (4) and Section 143(1) to (4) almost word for word, because answers are marked on provision first.
Memorise the list of repealed Acts relevant to this topic: Factories, Mines, Plantations, Beedi and Cigar, Dock Workers, Building and Construction.
In case questions, always write provision, application and conclusion in that order.
Add a practical point such as safety audit records, medical examination files or workplace hazard appraisal to earn drafting marks.
Do not quote section numbers for other parts of the Code unless you are sure of them.

Practice questions from Law of Welfare and Working Condition

Special Provisions for Factories, Mines, Docks, Beedi and 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 ExecutiveSpecial Provisions: Factories, Mines, Docks, Building Workers

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

Which Act now governs factories, mines and dock work?

The Occupational Safety, Health and Working Conditions Code, 2020 governs them once notified. Section 143 repeals the Factories Act, 1948, the Mines Act, 1952 and the Dock Workers (Safety, Health and Welfare) Act, 1986 from the notification dates.

Who declares safety standards for these sectors?

Under Section 18(1), the Central Government declares them by notification. A State Government may amend them for its establishments only with prior Central approval under Section 18(4).

Does the Code cover beedi, cigar and building workers?

Yes. Section 18(1) names beedi and cigar and building and other construction work among the workplaces for which standards are notified. The earlier Acts for these workers are listed for repeal in Section 143.

What happens to rules made under the old Acts?

Under Section 143(3), they are deemed made under the corresponding provisions of the Code. They remain in force to the extent they are not contrary to the Code, until the Central Government repeals them.