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Rules 153 to 156 of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026: second spell of work, employer obligations and power to relax

No person may start a second or later spell of work in an irrespirable atmosphere without being examined and found fit by a qualified medical practitioner. In an emergency at a...

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Labour Laws
Published
October 1, 2026
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Oct 1, 2026
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Last updated: October 2026Verified against: Government sources

Rule 153 bars a second or later spell of work in an irrespirable atmosphere unless a qualified medical practitioner has examined the person and found them fit. Rule 154 lets the employer call the nearest rescue room or station in an emergency and requires payment of the full cost; rule 155 makes the employer responsible for the rescue set-up; rule 156 lets the Chief Inspector-cum-Facilitator relax conditions.

Context

Rules 153 to 156 close the rescue block that began at rule 123. They follow the team rules (148 to 152); see our rules 148 to 152 article. They rest on section 72 of the Code (see our sections 71 to 73 article). A labour law compliance review can test your mine's rescue management against them.

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.

Rule 153: restriction of second spell of work

"No person shall commence a second or subsequent spell of work in irrespirable atmosphere without being examined and found fit by a qualified medical practitioner."

  • Applies to: anyone, not only rescue trained persons. The word is "No person".
  • Trigger: starting a second or later spell in an irrespirable atmosphere.
  • Requirement: examination and a finding of fitness by a qualified medical practitioner, each time.
  • What the rule does not say: the minimum rest between spells, the content of the examination, or the form of the finding. Rule 151(7) limits a single spell with apparatus to one and half hours, or another period specified; rule 147(2)(i) provides for a qualified medical practitioner at a fresh air base "if practicable". Together they point to examination at the base. Where no practitioner is available, the text of 153 offers no exception, so the person should not start a further spell.

Rule 154: obligation of employer in certain situations

"Whenever emergency arises at a below ground mine, whether served by a rescue room or rescue station or not, the employer may seek assistance from the nearest rescue room or rescue station and in such an event:"

ClauseEffect
(i)All possible assistance shall be promptly rendered by the rescue room or rescue station
(ii)The employer of the mine shall pay the owner of the rescue station or room rendering assistance the full cost of rescue services and facilities borrowed

Points to note:

  • The employer's call is permissive ("may seek"), but rule 144(1) makes informing the rescue room or stations a mandatory step for the manager in an emergency likely to need a rescue team; see our rules 144 to 147 article.
  • The duty to help is placed on the rescue room or station, not on its owner by name, and applies whether or not the mine is one it normally serves.
  • Cost recovery is "full cost", and the text does not define the method of costing or a timetable for payment. Common stations run jointly by several employers (rule 123(1) first proviso) would want an agreed cost sheet.
  • The rules do not say that the cost may or may not be recovered from other parties, such as insurers; that is outside the text.

Rule 155: general management

"The employer shall establish, maintain and ensure proper functioning of rescue room or rescue station as required under these rules, to appoint such persons, and to provide necessary rescue equipment and apparatus."

This is the umbrella duty. It places on the employer (not on the manager or superintendent) the three jobs: establish and maintain, appoint staff, and equip. Failure on any of the specific rules in 123 to 154 can be traced back to this rule. The text of rule 155 does not provide a penalty itself. The penalty provisions of the Code apply as the Code says; see our section 94 article for the Code's general penalty section.

Rule 156: power to relax

"The Chief Inspector-cum-Facilitator based on the recommendation of the committee constituted by Chief Inspector-cum-Facilitator may relax the conditions pertaining to a mine or rescue station or rescue room in these rules, the Chief Inspector-cum-Facilitator may by an order in writing and subject to such conditions as may be specified therein to grant relaxation from the said provisions."

ElementText
WhoChief Inspector-cum-Facilitator
On what basisRecommendation of a committee constituted by the Chief Inspector-cum-Facilitator
SubjectConditions pertaining to a mine, rescue station or rescue room "in these rules"
HowOrder in writing, subject to conditions specified in it

A drafting point: the sentence repeats "the Chief Inspector-cum-Facilitator may" twice and appears to be a merger of two drafts. The scope "in these rules" is ambiguous. It could mean the rescue rules only (123 to 155) or all the Rules. Because rule 156 sits in the rescue block, we read it as covering the rescue rules, and flag that for confirmation. Other relaxation powers appear elsewhere in the Rules for training (for example the Chief Inspector-cum-Facilitator may change the refresher interval under rule 159).

The rule does not say how long a relaxation lasts, whether it can be reviewed, or whether there is an appeal. Obtain it in writing, keep it with the mine records and note its conditions and any expiry.

Practical examples

Example 1. After four hours' work in an irrespirable atmosphere, a team member is asked to go again. The mine's doctor at the fresh air base examines him and finds him fit before he starts the second spell, satisfying rule 153.

Example 2. A mine without its own rescue room has a fire. The employer calls the nearest rescue station, which sends teams and equipment. The employer pays the station's owner the full cost under rule 154(ii).

Example 3. A small mine applies for relaxation of a condition about its rescue room. A committee constituted by the Chief Inspector-cum-Facilitator recommends, and the Chief Inspector-cum-Facilitator grants it by written order with conditions.

Need help with rescue management and relaxations?

Applying for a relaxation, or agreeing a cost-sharing sheet with a common rescue station, needs careful papers. Our team can help you prepare them against the Central Rules. Start with our labour law compliance service.

Key takeaways

  • No second or later spell in irrespirable atmosphere without a medical examination and fitness finding each time.
  • In an emergency the employer may seek help from the nearest rescue room or station, which must give all possible assistance promptly.
  • The employer pays the full cost of rescue services borrowed.
  • The employer must establish, maintain, staff and equip the rescue set-up.
  • The Chief Inspector-cum-Facilitator may relax conditions by written order, on a committee's recommendation.

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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.

Quick recapKey facts & short answers

Key Facts About Rules 153 to 156

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Can a rescue worker go back in after a first spell?

Only after being examined and found fit by a qualified medical practitioner (rule 153).

Who can ask for help from a rescue station?

The employer of a below ground mine, in an emergency, whether or not the mine is served by a rescue room or station (rule 154).

Compliance is cheapest on the day it falls due and gets more expensive every day after.

— TaxClue Compliance Desk

Rules 153 to 156: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Only after being examined and found fit by a qualified medical practitioner (rule 153).

The employer of a below ground mine, in an emergency, whether or not the mine is served by a rescue room or station (rule 154).

The employer of the mine pays the owner of the station or room the full cost (rule 154(ii)).

That the employer establishes, maintains and ensures proper functioning of the rescue room or station, appoints persons and provides equipment.

The Chief Inspector-cum-Facilitator, on a committee's recommendation, by written order with conditions (rule 156).

The text is silent on duration; read the conditions in the order.