Rule 5 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 5 tells employers in dock work and building or other construction work to arrange a medical examination, without charge, for every employee who has completed forty years of age. A qualified medical practitioner does the examination and a certificate in Form VIII goes to both the employer and the employee.
Rule 5(1) applies to every employer of dock work, building or other construction work. The examination is for an employee who has completed 40 years of age and it must be without charge. Under rule 5(2) a qualified medical practitioner examines the employee and issues a Form VIII certificate to both employer and employee. The employer may use the Employees' State Insurance Corporation (ESIC) facility. For mines, rule 5 points to Rule 109.
Where rule 5 comes from
Section 6(1)(c) of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) makes it a duty of every employer to provide an annual health examination or test, without charge, to such employees, of such age or class, or of such establishments, as the appropriate Government prescribes. The Code itself does not fix an age. Rule 5 is the first place where the Central Rules fill that gap, and it does so for two sectors only: dock work and building or other construction work. Section 6(1)(g) adds a related duty: no charge may be levied on any employee for anything done or provided for safety and health at the workplace, including medical examination and investigation for detecting occupational diseases. You can read the general duty in our section 6 explainer.
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, and they may set a different age or class for the annual examination. Check the State rules before assuming that the 40-year threshold applies to your site. A labour law compliance review can sort out which regime governs each site.
What rule 5 requires
| Sub-rule | What it says |
|---|---|
| 5(1) | Every employer of dock work, building or other construction work arranges a medical examination, without charge, for an employee who has completed forty years of age |
| 5(2) | The examination is by a qualified medical practitioner; a certificate in FORM-VIII is provided to both the employer and the employee |
| First proviso | The employer may avail the facility for medical examination of employees through the ESIC |
| Second proviso | In case of mines, additional tests and conditions of annual medical examinations are governed by Rule 109 |
Three points deserve attention.
Who is covered. Rule 5(1) speaks of "employee", not only "worker". Under the OSH Code the term covers a wider group than manual workers, so a site engineer, a supervisor or a clerk at a construction site who has completed 40 years falls within the wording. Read the Code's definition of "employee" before you leave a category out; our definitions article sets it out.
Who pays. The employer arranges the examination and bears the cost. An employer may not recover the fee from wages or ask the employee to pay and claim it back later. Section 6(1)(g) of the Code backs this up.
Who examines. The rule names a "qualified medical practitioner". The rule text in the notified English version does not add further qualifications, and the Code's definition of the term governs. The employer may also route the examination through ESIC's facility, which is useful for an employer with many dispersed sites, but it is an option, not a requirement.
Form VIII: the certificate
Rule 5(2) says the certificate is given in "FORM-VIII" to both the employer and the employee. The list of Forms appended to the Rules describes Form VIII as "Health Examination (Except mine employees)". The form itself sits in the Forms part of the Rules. Keep the employer's copy on the establishment's record; it is the evidence you will show an Inspector-cum-Facilitator that the examination took place.
The text of rule 5 says nothing about what happens if the examination finds a condition. It does not prescribe a fitness standard or a duty to remove an employee from work. The employer's general duties under section 6 of the Code, including keeping the workplace clear of hazards that injure employees or cause occupational disease, continue to apply. If the practitioner suspects a disease listed in the Third Schedule, the notice-of-disease procedure applies; see our rule 8 explainer.
The mines exception
The second proviso to rule 5(2) deals with mines in one line: additional tests and conditions for annual medical examination of employees in mines are governed by Rule 109. Rule 109 is not part of this article. If you run a mine, read Rule 109 directly; do not rely on rule 5 alone.
What rule 5 does not say
The notified text of rule 5 does not give a date by which the first examination must be done, does not say that an employee below 40 is entitled to an examination under this rule, and does not cover factories, plantations, beedi premises or motor transport undertakings. For those sectors the Code's general power in section 6(1)(c) still exists, but the Central Rules' text on this subject is confined to dock work and construction work. Where the text is silent, do not assume a period or a penalty.
Practical examples
Example 1. A contractor-run construction company employs 300 people on a building project. Sixty-two have completed 40 years. The employer arranges examinations through a tie-up with a clinic, pays the clinic directly, and collects a Form VIII for each of the sixty-two. One copy goes into the personnel file and one to the employee.
Example 2. A dock operator wants to avoid contracting dozens of clinics. It asks ESIC to conduct examinations under the first proviso. The employer still needs the Form VIII certificate for both sides.
Compliance checklist
- List employees who have completed forty years of age, site by site.
- Schedule the examination and confirm that the practitioner is a qualified medical practitioner.
- Bear the cost; do not deduct it from wages.
- Collect Form VIII and give a copy to the employee.
- For a mine, follow Rule 109.
- If your establishment is under a State's own OSH rules, check them as well.
Need help with OSH health-examination compliance?
If you manage several dock or construction sites and are unsure which employees fall under rule 5 or how to keep Form VIII records, our team can map the requirement site by site. Start with our labour law compliance service, and we will review your records against the Code and the Central Rules.
Key takeaways
- Rule 5 covers employers of dock work and building or other construction work.
- The employee must have completed forty years of age; the examination is without charge.
- A qualified medical practitioner examines and issues Form VIII to both employer and employee.
- The employer may use the ESIC facility.
- Mines follow Rule 109 for additional tests and conditions.
- State rules apply where the State is the appropriate Government.
Read next
- Section 6 of the OSH Code: duties of employer
- Rule 8: notice of disease
- Rule 6: letter of appointment to employee
- BOCW: safety, health and welfare at construction sites
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.