Rules 39-41 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.
Rules 39, 40 and 41 are the health rules for dock work. Rule 39 covers cleanliness and hygiene on ships and docks, rule 40 covers ventilation and temperature in buildings, enclosures and reefer spaces, and rule 41 controls entry into holds, tanks and confined spaces and protects workers from bulk-cargo dust.
The employer of every dock work must keep all locations where dock workers are employed clean, keep access routes clear of trip and slip hazards and clean oil spillages through trained personnel (rule 39). Buildings, enclosures and reefer holds, chambers or containers must be ventilated to keep reasonable comfort and prevent harm (rule 40). Workers may enter a hold or tank with dust, fumes or oxygen deficiency risk only after practical steps are taken and a competent person certifies it safe (rule 41).
The Code source
Section 23 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) makes the employer responsible for health, safety and working conditions as prescribed; see our section 23 explainer. Dock work, port and dock worker are defined in section 2(1); see our definitions article on building work, dock work, port and railway. The Dock Workers (Safety, Health and Welfare) Act, 1986 is one of the 13 Acts the Code repeals from the dates notified under section 1(2), and the Dock Workers Rules 1990 are among the rules the Central Rules supersede.
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. For port-side compliance reviews, see our labour law compliance service.
Rule 39: cleanliness and hygiene
The employer of every dock work shall ensure that:
- (i) all locations in the ship or dock where dock work is carried on and dock workers are employed are kept clean and hygienic;
- (ii) all access routes and working areas are kept clear of objects and materials liable to cause a person to trip or slip;
- (iii) loose gear, tools and similar equipment are kept safely or removed from working areas when not in use;
- (iv) spillages of oil or other materials likely to be a hazard are cleaned up by trained personnel as soon as possible under effective supervision;
- (v) suitable safety and protective gear for use at work, wherever required, is provided without expense to employees;
- (vi) where a floor is liable to become wet, effective drainage is maintained, the floor is kept dry and non-slippery, and suitable anti-skid footwear is provided without charge;
- (vii) all plant and equipment are parked in designated areas when not in use;
- (viii) where, for technical reasons, cleaning must be carried out during working hours, appropriate means and precautions avoid contamination of the air with dust or other obnoxious substances; and
- (ix) suitable arrangements exist for daily collection, storage, disposal or treatment of waste under effective supervision.
Clause (viii) in the printed text begins "for technical reasons, cleaning must be carried out", with the "where" missing. The sense matches rule 36(vii) and is read that way here.
Rule 40: ventilation, temperature and humidity
Rule 40 is a single provision. The employer of every dock work shall ensure that effective and suitable provisions are made in every dock for securing and maintaining, in every building, enclosure, reefer hold, chamber or reefer container where dock workers are employed, adequate ventilation, and such temperature and air movement as provide reasonable conditions of comfort and prevent any harm to the health of employees.
The target is two-fold: comfort and prevention of harm. The rule names no temperature range or air-change figure.
Rule 41: dust, noxious gas, fumes and other impurities
The employer of every dock work shall ensure that:
| Clause | Duty |
|---|---|
| (i) | Where a dock worker must enter a hold, intermediate deck, confined space or other working place where neither natural nor mechanical ventilation is adequate to keep gas, fume, vapour or dust below permissible limits, an appropriate manhole of adequate size or other effective means of egress is provided |
| (ii) | No dock worker is allowed to enter a hold or tank where dust, fumes or other impurities are likely to be injurious or offensive, or where explosive, poisonous, noxious or gaseous cargoes have been carried or stored, or dry ice has been used as a refrigerant, or which has been fumigated, or where oxygen deficiency is possible, unless all practical steps have been taken to remove the dust, fumes, impurities and dangers and to prevent further ingress, and the hold or tank is certified safe and fit for entry by the competent person |
| (iii) | Where dock workers are exposed to dust in substantial quantities, as in handling bulk cargoes such as grains, fertilizers, cements and similar cargoes, they are protected by appropriate personal protective equipment, provided without charge |
The text does not define "competent person" in rule 41 itself. For who qualifies, check the Rules' definitions (see our rules 1 and 2 article) and the Code before relying on any individual's certificate.
Rules 39 to 41 at a glance
| Rule | Subject | Standout duty |
|---|---|---|
| 39 | Cleanliness and hygiene | Trained personnel clean hazardous spills; equipment parked in designated areas |
| 40 | Ventilation, temperature | Reefer holds, chambers and containers named |
| 41 | Dust, gas, fumes | Competent-person certificate before entering certain holds and tanks; PPE at no charge for bulk-cargo dust |
Consequences
Rules 39 to 41 state no penalty of their own. Contravention is dealt with under the Code's penalty provisions; see our section 94 explainer.
Practical examples
Example 1. A stevedoring contractor leaves wire slings coiled on a quay access route. Rule 39(ii) and (iii) require access routes clear of trip hazards and loose gear removed when not in use.
Example 2. A hold that carried a fumigated grain cargo must be entered for cleaning. Under rule 41(ii), nobody enters until the fumes have been removed, further ingress prevented, and the competent person has certified it safe.
Example 3. Workers unload cement in bulk. Rule 41(iii) requires appropriate PPE without charge.
Need help with dock and port health compliance?
Safe-entry certificates, spill-response training and PPE issue records are what an inspector looks for after a hold or tank incident. Our labour law compliance team can help you align port and terminal procedures with rules 39 to 41.
Key takeaways
- Rule 39 sets nine cleanliness duties for dock work, including trained cleaning of hazardous spills.
- Rule 40 requires adequate ventilation, with comfort and harm prevention, in buildings, enclosures and reefer spaces.
- Rule 41 requires safe egress, a competent person's certificate before entry into risky holds and tanks, and PPE at no charge for bulk-cargo dust.
- State rules apply where the State is the appropriate Government.
Read next
- Rules 36 to 38: motor transport undertaking cleanliness, ventilation and dust
- Rules 42 and 43: plantation cleanliness and dust
- Section 2 definitions: building work, dock work, port and railway
- Rules 18 and 19: safety officers for dock work and construction work
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.