Rules 109 and 110 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 109 tells the employer of every mine to arrange an initial medical examination of everyone seeking employment in the mine, and a periodical examination of everyone employed in it every year, on Form IX. Rule 110 says who may carry out the examination and what training that doctor must have.
The employer of every mine must arrange an initial medical examination of every person seeking employment and an annual periodical examination of every person employed, conducted as per Form IX. If the examining authority thinks it necessary to confirm a suspected dust-related disease, the periodical examination, the X-ray examination, or both, must be done at frequent intervals. The examiner must be a qualified medical practitioner employed by the mine employer, assigned by the employer of a group of mines, or a Government Medical Officer, trained in an occupational health course that includes the ILO Classification of Chest Radiograph.
Where these rules sit
Rules 109 to 122 form the medical-examination block for mines. They sit after rule 107 (manager) and rule 108 (mines to which the Code does not apply); see our rule 107 article and rule 108 article. They build on section 24(1)(vi) of the Code, which lists medical examination of mine employees before employment and at specific intervals among welfare facilities (see our section 24 article). Rule 60 already says the examination is yearly and covers contract labour; our rules 60 and 61 article explains that. Rule 109 supplies the detail.
The Central Rules apply where the Central Government is the appropriate Government. Where the State Government is the appropriate Government, the State's own OSH rules apply. A labour law compliance review can confirm which set governs each of your mines.
Rule 109: what the employer must arrange
Rule 109(1) lists three things.
| Clause | Requirement |
|---|---|
| (i) | Initial medical examination of every person seeking employment in a mine |
| (ii) | Periodical medical examination of every person employed in a mine, annually |
| (iii) | The medical examination to be conducted as per Form IX |
The duty is on "the employer of every mine". The text of rule 109 does not say it may be passed to a contractor. Contract labour is covered by rule 60 in any case.
Initial examination. It is for "every person seeking employment". Read with rule 120, a person who is declared unfit must not be employed after thirty days from the date of examination unless an appeal is filed. See our rules 120 to 122 article.
Periodical examination. The word is "annually". The rule does not say from which date the year runs, so tie it to a fixed month or the joining date and keep a schedule.
Form IX. The form is headed "For mine employees only" and is cited against rules 109, 113(1), 119(1) and 142. It is a certificate issued in triplicate that records whether the person is fit for any employment in mines, unfit (for any employment in the mine, for any employment below ground, or for particular work), or has a disease or disability that should be cured or controlled and the person re-examined within a stated number of months. It has an annexure of findings: general development, height, weight, eyes, ears with audiometry, respiratory system with spirometry (FVC, FEV1, FEV1/FVC, peak expiratory flow), circulatory system with a 12-lead ECG, abdomen, nervous system and further items. It also carries space for a passport-size photograph and for the examining authority's signature, date and seal. Some tests on the form (colour blindness, echocardiography, ultrasonography of the whole abdomen) are marked "to be tested in IME", which we read as the initial medical examination.
Rule 109(2): dust-related disease
Rule 109(2) says the periodical examination, the X-ray examination, or both, "shall be conducted at frequent intervals, if the medical examining authority deems it necessary to confirm a suspected case of a dust related disease". Three points:
- The trigger is the examining authority's view, not the employer's.
- The rule does not define "frequent intervals". It gives no number of months, so do not assume one. Follow the interval the examining authority specifies in writing.
- The rule does not name the disease. Form IX and rule 114(1) refer to the "occupational dust exposure profile", which indicates the concern.
Rule 110: examining authorities
| Sub-rule | What it says |
|---|---|
| 110(1) | The examination under rule 109 is carried out by a qualified medical practitioner who is (a) in the employment of the employer of the mine, (b) duly assigned for this purpose by the employer of a group of mines, or (c) any Government Medical Officer |
| 110(2) | The examining authority shall be trained in an occupational health course, including the International Labour Organisation Classification of Chest Radiograph, duly recognised by the Central Government |
Rule 110(2) is a practical point for an employer who tends to use a local general practitioner. Before assigning a doctor, ask for proof of the occupational health course and the chest-radiograph classification training, and keep a copy. The text does not say how the Central Government recognises the course; it says only "duly recognised by the Central Government". We have not found the recognition process in these rules, so check the current notifications.
A drafting point
Rule 110(1) refers to a "qualified medical practitioner" but the rule itself does not say what qualification that means. Check the definitions in the Code and the Rules before appointing someone.
Practical examples
Example 1. A coal company with three underground mines assigns one occupational-health-trained doctor to all three as "employer of a group of mines". The assignment is in writing, which is what rule 110(1) contemplates.
Example 2. At an annual examination, the doctor sees early changes on a chest film and suspects a dust-related disease. Under rule 109(2) the doctor may require the periodical examination, the X-ray, or both, at frequent intervals. The manager records the interval the doctor sets and schedules accordingly.
Example 3. A new hire is sent to a private clinic whose doctor has no occupational health training. Rule 110(2) is not met, so the certificate is open to challenge. The employer re-does the examination with a trained examiner.
Need help with mine medical compliance?
Keeping examiners' credentials, Form IX certificates and annual schedules in order across several mines is easy to get wrong. Our team can check your records against the Central Rules and set up a tracker. Start with our labour law compliance service.
Key takeaways
- The mine employer must arrange initial examination of every person seeking employment and annual examination of every person employed.
- The examination is conducted as per Form IX, for mine employees only.
- Where dust-related disease is suspected, the periodical and X-ray examination (or both) are done at frequent intervals if the examining authority thinks it necessary; no interval is fixed in the text.
- The examiner is a qualified medical practitioner in the employer's employ, assigned by the employer of a group of mines, or a Government Medical Officer.
- The examiner must hold occupational health training including the ILO Classification of Chest Radiograph, recognised by the Central Government.
Read next
- Rules 111 and 112: notice of medical examination and failure to undergo it
- Rules 113 and 114: standard and report of medical examination and retention of certificates
- Rules 60 and 61: medical examination in mines and residential facilities
- Mines Act: safety provisions and DGMS framework
Disclaimer: Based on the Occupational Safety, Health and Working Conditions Code, 2020 (as enacted) and, where noted, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.