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Rajasthan OSHWC Rules, 2026 · Rule 109

Rule 109: Medical examination of a worker under sub

Prescribes an administration, record, account or return control under medical examination of a worker under sub. The responsible employer/trust/EPFO function should retain the underlying data and filing evidence.

Final State RuleS.O. 23Effective 30 Jun 2026

Finin2min summary

Prescribes an administration, record, account or return control under medical examination of a worker under sub. The responsible employer/trust/EPFO function should retain the underlying data and filing evidence.

Jurisdiction: Rajasthan. These are final State rules notified under sections 133 and 135 of the OSHWC Code, 2020 and are not interchangeable with Central or another State's rules.

Full notified Rule text

109. Medical examination of a worker under sub-clause (ii) of clause (c) of section 85.- (1) Workers employed in a ‘hazardous process’ shall be medically examined by a qualified medical practitioner, in the following manner: - (a) Once before employment, to ascertain physical fitness of the person to do the particular job. (b) Once in a period of 6 months, to ascertain the health status of all the workers in respect of occupational health hazards to which they are exposed and in cases where in the opinion of the medical practitioner it is necessary to do so at a shorter interval in respect of any workers. (c) The details of pre-employment and periodical medical examination carried out as aforesaid shall be recorded in the Health Register. (2) No person shall be employed for the first time without a certificate of fitness granted by the medical practitioner. If the medical practitioner declares a person unfit for being employed in any process covered under sub-rule (1), such a person shall have the right to appeal to the Inspector-cum-Facilitator who shall refer the matter to the Medical Officer whose opinion shall be final in this regard. If the Inspector-cum-Facilitator is also a Medical Officer, he may dispose of the application himself. (3) Any findings of the medical practitioner revealing any abnormality or unsuitability of any person employed in the process shall immediately be reported to the Medical Officer who shall in turn, examine the concerned worker and communicate his findings to the occupier within 30 days. If the Medical Officer is of the opinion that the worker so examined is 586 ‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍राजस्‍थान‍राज-पत्र,‍जून‍30,‍2026‍‍‍‍‍ ‍‍‍‍‍ ‍भाग‍4(ग) required to be taken away from the process for health protection, he will advise the occupier accordingly, who shall not employ the said worker in the same process. However, the worker so taken away shall be provided with alternate placement unless he is in the opinion of the Medical Officer, fully incapacitated in which case the worker affected shall be compensated as per law. (4) A Medical Officer on his own motion or on a reference from an Inspector may conduct medical examination of a worker to ascertain the suitability of his employment in a hazardous process or for ascertaining his health status. The opinion of the Medical Officer in such a case shall be final. The fee required for this medical examination shall be paid by the occupier. (5) The worker taken away from employment in any process under sub-rule (2) may be employed again in the same process only after obtaining the Fitness Certificate from the Medical Officer and after making entries to that effect in the Health Register. (6) The worker required to undergo medical examination under these rules and for any medical survey conducted by or on behalf of the Central or the State Government shall not refuse to undergo such medical examination. Standards for the health and safety

Official Rajasthan Gazette - S.O. 23

Clause / sub-rule explanation

(1)

(1) Workers employed in a ‘hazardous process’ shall be medically examined by a qualified medical practitioner, in the following manner: -

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(a)

(a) Once before employment, to ascertain physical fitness of the person to do the particular job.

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(b)

(b) Once in a period of 6 months, to ascertain the health status of all the workers in respect of occupational health hazards to which they are exposed and in cases where in the opinion of the medical practitioner it is necessary to do so at a shorter interval in respect of any workers.

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(c)

(c) The details of pre-employment and periodical medical examination carried out as aforesaid shall be recorded in the Health Register.

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(2)

(2) No person shall be employed for the first time without a certificate of fitness granted by the medical practitioner. If the medical practitioner declares a person unfit for being employed in any process covered under sub-rule (1), such a person shall have the right to appeal to the Inspector-cum-Facilitator who shall refer the matter to the Medical Officer whose opinion shall be final in this regard. If the Inspector-cum-Facilitator is also a Medical Officer, he may dispose of the application himself.

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(3)

(3) Any findings of the medical practitioner revealing any abnormality or unsuitability of any person employed in the process shall immediately be reported to the Medical Officer who shall in turn, examine the concerned worker and communicate his findings to the occupier within 30 days. If the Medical Officer is of the opinion that the worker so examined is 586 ‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍राजस्‍थान‍राज-पत्र,‍जून‍30,‍2026‍‍‍‍‍ ‍‍‍‍‍ ‍भाग‍4(ग) required to be taken away from the process for health protection, he will advise the occupier accordingly, who shall not employ the said worker in the same process. However, the worker so taken away shall be provided with alternate placement unless he is in the opinion of the Medical Officer, fully incapacitated in which case the worker affected shall be compensated as per law.

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(4)

(4) A Medical Officer on his own motion or on a reference from an Inspector may conduct medical examination of a worker to ascertain the suitability of his employment in a hazardous process or for ascertaining his health status. The opinion of the Medical Officer in such a case shall be final. The fee required for this medical examination shall be paid by the occupier.

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(5)

(5) The worker taken away from employment in any process under sub-rule

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(2)

(2) may be employed again in the same process only after obtaining the Fitness Certificate from the Medical Officer and after making entries to that effect in the Health Register.

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(6)

(6) The worker required to undergo medical examination under these rules and for any medical survey conducted by or on behalf of the Central or the State Government shall not refuse to undergo such medical examination. Standards for the health and safety

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

Thresholds / timelines found

  • 6 month
  • 30 day

Practical example

Assume an employer/member event falls within this paragraph and the record contains 6 month, 30 day. Apply those figures only to the wage/service/period described in the provision, verify eligibility first, and retain the calculation and source record. The example is illustrative; the notified text controls.

Q&A

What does Rajasthan Rule 109 cover?

Prescribes an administration, record, account or return control under medical examination of a worker under sub. The responsible employer/trust/EPFO function should retain the underlying data and filing evidence.

Does this Rule apply outside Rajasthan?

No. This page explains the final Rajasthan State rule. Other States/UTs may have different final, draft or saved rules.

What should an employer verify before acting?

Confirm applicability under the OSHWC Code, read this Rule with its definitions/schedules/forms, verify the current Rajasthan Gazette and retain evidence of compliance.