Rule 8 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 8 says what an employer must do when a worker contracts a disease listed in the Third Schedule to the OSH Code: send notice forthwith, electronically or by speed post, in the format given in the rule. It also puts a separate duty on the treating medical practitioner to report in writing.
When a worker contracts a Third Schedule disease, the employer sends a notice forthwith, electronically or by speed post, to the Inspector-cum-Facilitator or Chief Inspector-cum-Facilitator, in the nine-point format in rule 8(1). Under rule 8(2) a qualified medical practitioner who attends a current or former employee with, or believed to have, such a disease sends a written report forthwith to the Chief Inspector-cum-Facilitator.
Code provision behind the rule
Section 12(1) of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) obliges the employer of an establishment to send notice when a worker contracts a disease specified in the Third Schedule, to such authorities, in such form and within such time as the appropriate Government prescribes. Section 12(2) puts a parallel duty on a qualified medical practitioner, and section 12(3) makes failure by the practitioner punishable with a penalty which may extend to ten thousand rupees. Our section 12 explainer covers the Code text.
Rule 8 supplies the form, authority and time for the Central Government's sphere. Where the State Government is the appropriate Government, the State's own OSH rules apply, and their notice arrangements can differ. Businesses with plants in several States often get this mapped under a labour law compliance engagement.
The Third Schedule
The Third Schedule to the Code lists 29 notifiable diseases. It includes lead poisoning, phosphorus, mercury, manganese and arsenic poisoning, nitrous fumes, carbon bisulphide and benzene poisoning, chrome ulceration, anthrax, silicosis, toxic anaemia and toxic jaundice, asbestosis, byssinosis, coal miners' pneumoconiosis, noise-induced hearing loss, carbon monoxide poisoning, occupational cancer, isocyanates poisoning and toxic nephritis. Items run from 1 to 29; the notice duty attaches to a disease that appears there, not to illnesses in general. Our Third Schedule explainer sets out each item.
The employer's notice: rule 8(1)
Rule 8(1) applies where, in any establishment, a worker contracts any Third Schedule disease. The employer sends notice:
- when: "forthwith", which means without delay once the employer is aware;
- how: electronically or by speed post;
- to whom: the Inspector-cum-Facilitator or the Chief Inspector-cum-Facilitator;
- in what form: the format printed in the rule, titled "Notice of Disease".
The rule does not give a number of hours or days. Do not read "forthwith" as a licence to wait for a month-end compliance cycle.
Content of the notice
| No. | Item |
|---|---|
| (1) | Name and address of the employer |
| (2) | Name and address of establishment |
| (3) | Nature of establishment |
| (4) | In case of mines, the name of the mineral |
| (5) | Details of patient: name, worker number, address, precise occupation |
| (6) | Nature of disease from which the patient is suffering |
| (7) | Date of detection of disease |
| (8) | Details of the qualified medical practitioner |
| (9) | Has the case been reported to the Medical Officer |
The notice is dated and signed by the employer. Unlike the accident notice under rule 7, the rule does not attach a numbered Form to this notice: the format appears in the body of rule 8 itself, and the List of Forms appended to the Rules has no separate entry for it.
The doctor's report: rule 8(2)
Where a qualified medical practitioner attends a person who is or has been employed in an establishment, and who is, or is believed by the practitioner to be, suffering from a Third Schedule disease, the practitioner must "forthwith" send a written report to the Chief Inspector-cum-Facilitator. The report states:
- (a) the patient's name and full postal address;
- (b) the disease the practitioner believes the patient to be suffering from; and
- (c) the name and address of the establishment in which the patient is or was last employed.
Note that the practitioner's duty covers former employees too. A retired worker who develops silicosis and is treated by a private doctor falls within the sub-rule, and the report names the establishment where the patient was last employed. The practitioner's duty is independent of the employer's; one does not replace the other. An employer cannot rely on a doctor's report to skip its own notice, and a doctor cannot rely on the employer's.
What employers should build
- A line from the dispensary to HR. Factory and site doctors, and panel clinics, should tell the compliance owner the same day they suspect a listed disease.
- A master list of Third Schedule diseases against your processes: a foundry watches for silicosis, a battery unit for lead, a spinning mill for byssinosis, a printing press for benzene or toxic jaundice.
- A dated notice file. Keep the signed notice, the speed post receipt or email acknowledgement, and the medical practitioner's details.
- Linkage with the health examination. Employers of dock and construction work who run examinations under rule 5 should have a route for a suspected listed disease found during the check-up; see our rule 5 explainer.
Consequences
Rule 8 itself states no penalty. The Code's section 12(3) fixes a penalty of up to ten thousand rupees for a practitioner's failure under section 12(2). For the employer's failure, see the Code's general penalty and registers provisions, including our section 94 explainer. Compensation for occupational disease is a separate matter, dealt with under social security and employee compensation law; see our guide to occupational disease compensation and Schedule III.
Practical examples
Example 1. A quarry employee is diagnosed with silicosis by the company doctor. The employer files the nine-point notice electronically with the Inspector-cum-Facilitator the same day and records the acknowledgement. The doctor also sends the written rule 8(2) report to the Chief Inspector-cum-Facilitator.
Example 2. A former battery-plant worker, retired for two years, attends a private hospital and is found to have lead poisoning. The hospital's doctor reports in writing with the patient's address, the disease and the name and address of the plant where he was last employed. The plant, once it learns of the case, should check whether its own notice duty is engaged.
Need help with notifiable disease reporting?
If your plant handles lead, benzene, silica, asbestos or similar hazards, a written reporting procedure that links your medical staff and HR is worth having. Our labour law compliance team can help you design one and keep your notice file audit-ready.
Key takeaways
- The employer notifies forthwith, electronically or by speed post, when a worker contracts a Third Schedule disease.
- The recipient is the Inspector-cum-Facilitator or Chief Inspector-cum-Facilitator.
- The notice follows the nine-point format in rule 8(1); there is no separate numbered Form.
- A qualified medical practitioner separately reports in writing to the Chief Inspector-cum-Facilitator.
- The doctor's duty extends to a person who has been employed in an establishment.
- State rules apply where the State is the appropriate Government.
Read next
- Section 12 of the OSH Code: notice of certain diseases
- Third Schedule: list of notifiable diseases
- Rule 7: notice of accidents and dangerous occurrences
- Occupational disease compensation and Schedule III
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.