Rule 38: Precaution against dust, noxious gas, fumes and other impurities
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Rule 38 — Governs precaution against dust, noxious gas, fumes and other impurities and the rights, duties, powers or procedure expressly stated in this rule. Key operative text: The employer of every motor transport undertaking shall ensure that: - (i) where exhaust systems for removal of flammable fumes, gases, mists, vapors or residues are not to be connected to any other ventilating system or…
Occupational Safety, Health and Working Conditions (Central) Rules, 2026 were finally notified under G.S.R. 345(E), 8 May 2026. The Central Rules must be read with the Code and any later amendment/corrigendum.
Finin2min analysis — operative rule mechanics
Operative clauses
- The employer of every motor transport undertaking shall ensure that: - (i) where exhaust systems for removal of flammable fumes, gases, mists, vapors or residues are not to be connected to any other ventilating system or discharged into a chimney or flue used for conveying gases of combustion;
- (ii) when fumes, gases, mists, vapours, dust and other refuse discharged from exhaust systems is likely to have adverse effect on the health or noxious for the employees or the neighborhood, the exhaustion shall be effected through a system that neutralizes toxic substances, sterilize infectious substances and deodorize fumes, gases, mists or vapours;
- (iii) no employee is required or allowed to enter any workplace or confined space until practicable measures have been taken to bring the levels of noxious gas, fume, vapour or dust, which may be present, within the permissible limits.
Provisos / explanations
- No proviso/explanation was separately extracted from this rule.
Thresholds & timelines
- No explicit day/month/year/hour/percentage/rupee expression was detected in this rule text.
Mapped Code sections
Full notified text — Rule 38
38. Precaution against dust, noxious gas, fumes and other impurities.– The employer of every motor
transport undertaking shall ensure that: -
(i) where exhaust systems for removal of flammable fumes, gases, mists, vapors or residues are not to
be connected to any other ventilating system or discharged into a chimney or flue used for conveying
gases of combustion;
(ii) when fumes, gases, mists, vapours, dust and other refuse discharged from exhaust systems is likely
to have adverse effect on the health or noxious for the employees or the neighborhood, the exhaustion
shall be effected through a system that neutralizes toxic substances, sterilize infectious substances
and deodorize fumes, gases, mists or vapours;
(iii) no employee is required or allowed to enter any workplace or confined space until practicable
measures have been taken to bring the levels of noxious gas, fume, vapour or dust, which may be
present, within the permissible limits.
F. DOCK WORKApplication and evidence
- Primary statutory test — The employer of every motor transport undertaking shall ensure that: - (i) where exhaust systems for removal of flammable fumes, gases, mists, vapors or residues are not to be connected to any other ventilating system or discharged into a chimney or flue used for conveying gases of combustion;
- Additional operative limb — (ii) when fumes, gases, mists, vapours, dust and other refuse discharged from exhaust systems is likely to have adverse effect on the health or noxious for the employees or the neighborhood, the exhaustion shall be effected through a system that neutralizes toxic substances, sterilize infectious substances and deodorize fumes, gases, mists or vapours;
- Code Section mapping — 23. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
- Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker.
Cross-references & prescribed forms
Sections cited/mapped
Forms
No form is directly mapped in the current rule register.
Worked example
For an establishment affected by precaution against dust, noxious gas, fumes and other impurities, the compliance owner should identify the applicable sector and authority, document the prescribed control/notice/record and retain inspection or training evidence. A text point to test is: “The employer of every motor transport undertaking shall ensure that: - (i) where exhaust systems for removal of flammable fumes, gases, mists, vapors or residues are not to be connected to any other ventilating system or discharged into a chimney or flue used for conveying gases ” Reconcile the mapped Code Section(s) 23.
Illustrative only. Use the exact notified rule, prescribed form and competent authority.
Q&A — Rule 38
What is Rule 38 of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026?
Rule 38 — Governs precaution against dust, noxious gas, fumes and other impurities and the rights, duties, powers or procedure expressly stated in this rule. Key operative text: The employer of every motor transport undertaking shall ensure that: - (i) where exhaust systems for removal of flammable fumes, gases, mists, vapors or residues are not to be connected to any other ventilating system or…
What does Rule 38 require or permit?
A principal operative clause extracted from the notified rule is: “The employer of every motor transport undertaking shall ensure that: - (i) where exhaust systems for removal of flammable fumes, gases, mists, vapors or residues are not to be connected to any other ventilating system or discharged into a chimney or flue used for conveying gases of combustion;” Read it with all sub-rules and provisos below.
Does Rule 38 contain a proviso or explanation?
No standalone proviso or explanation was extracted from this rule text. Check the complete rule below for clause-level conditions.
What deadline, period, percentage or amount appears in Rule 38?
No explicit day/month/year/hour/percentage/rupee expression was detected in this rule text.
Which Code sections are linked to Rule 38?
The current concordance maps Rule 38 to Section(s) 23.
When did Rule 38 come into force?
The final Central Rules were notified as G.S.R. 345(E), 8 May 2026; Rule 1 states that the Rules come into force on publication. Check any later amendment or corrigendum before reliance.