Section 85: Specific responsibility of the occupier in relation to hazardous processes
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 85 — Governs specific responsibility of the occupier in relation to hazardous processes and the rights, duties, powers or procedure expressly stated in this section. Key operative text: Every occupier of a factory involving any hazardous process shall— (a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical,…
All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.
Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗
Finin2min analysis — what the section actually does
Operative clauses
- Every occupier of a factory involving any hazardous process shall— (a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed…
- Provided that where any question arises as to the qualifications and experience of a person so appointed, the decision of the Chief Inspector-cum-Facilitator shall be final;
- (c) provide for medical examination of every worker— (i) before such worker is assigned to a job involving the handling of, or working with, a hazardous substance; and (ii) while continuing in such job, and after he has ceased to work in such job, at intervals not exceeding twelve months, in such manner as may be prescribed by the State Government.
Provisos, explanations & qualifications
- Provided that where any question arises as to the qualifications and experience of a person so appointed, the decision of the Chief Inspector-cum-Facilitator shall be final; (c) provide for medical examination of every worker— (i) before such worker is assigned to a job involving the handling of, or working with, a hazardous substance; and (ii) while…
Thresholds and timelines in the text
- (c) provide for medical examination of every worker— (i) before such worker is assigned to a job involving the handling of, or working with, a hazardous substance; and (ii) while continuing in such job, and after he has ceased to work in such job, at intervals not exceeding twelve months, in such manner as may be prescribed by the State Government.
Actors expressly appearing in the text
Worker, State Government, Inspector-cum-Facilitator
Full statutory text — Section 85
85. Specific responsibility of the occupier in relation to hazardous processes.—Every occupier of a
factory involving any hazardous process shall—
(a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the
workers in the factory who are exposed to any chemical, toxic or any other harmful substances which
are manufactured, stored, handled or transported and such records shall be accessible to the workers
subject to such conditions as may be prescribed by the State Government;
(b) appoint persons who possess prescribed qualifications and experience in handling hazardous
substances and are competent to supervise such handling within the factory and to provide at the
working place all the necessary facilities for protecting the workers in the manner prescribed by the
State Government:
Provided that where any question arises as to the qualifications and experience of a person so
appointed, the decision of the Chief Inspector-cum-Facilitator shall be final;
(c) provide for medical examination of every worker—
(i) before such worker is assigned to a job involving the handling of, or working with, a
hazardous substance; and
(ii) while continuing in such job, and after he has ceased to work in such job, at intervals not
exceeding twelve months, in such manner as may be prescribed by the State Government.How to apply this provision
- Primary statutory test — Every occupier of a factory involving any hazardous process shall— (a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed…
- Additional operative limb — Provided that where any question arises as to the qualifications and experience of a person so appointed, the decision of the Chief Inspector-cum-Facilitator shall be final;
- Qualification / exception to test — Provided that where any question arises as to the qualifications and experience of a person so appointed, the decision of the Chief Inspector-cum-Facilitator shall be final; (c) provide for medical examination of every worker— (i) before such worker is assigned to a job involving the handling of, or working with, a hazardous substance; and (ii) while…
- Numerical or timing control — (c) provide for medical examination of every worker— (i) before such worker is assigned to a job involving the handling of, or working with, a hazardous substance; and (ii) while continuing in such job, and after he has ceased to work in such job, at intervals not exceeding twelve months, in such manner as may be prescribed by the State Government.
- Evidence file — retain facts and records proving the role/status of: Worker, State Government, Inspector-cum-Facilitator.
Rules, forms and cross-references
Direct 2026 Central Rule mapping
Forms mapped
No prescribed form is directly mapped in the current concordance.
Other sections cited in this text
Related Labour Hub resources
A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.
Worked example
For an establishment affected by specific responsibility of the occupier in relation to hazardous processes, 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: “(c) provide for medical examination of every worker— (i) before such worker is assigned to a job involving the handling of, or working with, a hazardous substance; and (ii) while continuing in such job, and after he has ceased to work in such job, at intervals not exceeding twelv” Also test the express qualification/proviso before concluding the result.
Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.
Q&A — Section 85
What does Section 85 of the OSHWC Code cover?
Section 85 — Governs specific responsibility of the occupier in relation to hazardous processes and the rights, duties, powers or procedure expressly stated in this section. Key operative text: Every occupier of a factory involving any hazardous process shall— (a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical,…
What is the main legal requirement or power in Section 85?
The first operative clause identified from the official text is: “Every occupier of a factory involving any hazardous process shall— (a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed…” Read it with the remaining subsections and any proviso below.
Does Section 85 contain a proviso or explanation?
Yes. A qualification extracted from the official text is: “Provided that where any question arises as to the qualifications and experience of a person so appointed, the decision of the Chief Inspector-cum-Facilitator shall be final; (c) provide for medical examination of every worker— (i) before such worker is assigned to a job involving the handling of, or working with, a hazardous substance; and (ii) while…”
What time limit, percentage or amount appears in Section 85?
The provision contains this numerical/time expression: “(c) provide for medical examination of every worker— (i) before such worker is assigned to a job involving the handling of, or working with, a hazardous substance; and (ii) while continuing in such job, and after he has ceased to work in such job, at intervals not exceeding twelve months, in such manner as may be prescribed by the State Government.” Apply it only in the clause and context in which it appears.
Which 2026 Central Rules are linked to Section 85?
No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.
Is Section 85 currently operative?
All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.
Source & verification trail
Act: Occupational Safety, Health and Working Conditions Code, 2020 — official India Code PDF ↗
Central Rules: Occupational Safety, Health and Working Conditions (Central) Rules, 2026 — G.S.R. 345(E), 8 May 2026 ↗
Official library: Ministry of Labour & Employment — Labour Codes ↗
Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.