Sections 19 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.
Section 19 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) makes research a duty of notified institutions. Section 20 lets designated officers survey a factory, mine or other establishment after written notice, and requires the employer to give all facilities, including testing of plant and sampling. Time a worker spends on the survey counts as working hours.
Institutions in the field of occupational safety and health notified by the Central or State Government must conduct research, experiments and demonstrations and submit recommendations (section 19). Under section 20(1), named officers may, after written notice to the employer, survey a factory, mine or other establishment, and the employer must afford all facilities, including examination and testing of plant and machinery and collection of samples and data. Workers must undergo medical examination and furnish information if required (20(2)), and the time counts as working hours for wages and overtime (20(3)).
Section 19: research activities
It is the duty of such institutions in the field of occupational safety and health as the Central or State Government may notify to conduct research, experiments and demonstrations relating to occupational safety and health and then submit recommendations to the Central or State Government, as the case may be.
Proviso: the State Government must consult the National Board before notifying the conduct of research, experiments and demonstrations. See section 16.
Section 19 binds institutions the Government notifies, not employers. It matters to employers indirectly, because recommendations from such research can feed into standards under section 18.
Section 20: who may conduct a survey
During normal working hours of an establishment, or at any other time he deems necessary, and after giving notice in writing to the employer, the following may conduct a survey:
| Who | For which establishment |
|---|---|
| Chief Inspector-cum-Facilitator | Factory or mine |
| Director General of Factory Advice Service and Labour Institute | Factory |
| Director General of Mines Safety | Mine |
| Director General of Health Services | Factory or mine |
| Other officer authorised by the appropriate Government | Any other establishment or class of establishments |
The employer shall afford all facilities for the survey, including facilities for:
- examination and testing of plant and machinery; and
- collection of samples and other data relevant to the survey.
The Explanation to 20(1) says "employer" includes the manager for a factory and, for other establishments, the person for the time being responsible for safety and occupational health. So notice to the responsible manager is notice to the employer for this purpose.
Since surveys can involve sampling and equipment testing, having a named contact and a facilitation plan is wise; our legal consultation team can help you prepare for a survey visit and read the survey report.
Workers and the survey (20(2) and (3))
- Medical examination and information. If the person conducting the survey requires, every worker must present himself for such medical examination as considered necessary and furnish all information in his possession relevant to the survey (20(2)).
- Time counts as work. Time a worker spends on medical examination or furnishing information is deemed a working hour for him, for calculating wages and extra wages for overtime (20(3)). If the exam runs after shift, it should be treated as overtime hours where overtime applies; see section 27 for overtime.
Status of the survey report
The Explanation at the end of section 20 says the report submitted to the appropriate Government by the person conducting the survey is deemed to be a report submitted by an Inspector-cum-Facilitator under the Code. That gives the report the weight of an inspector's report for any follow-up action.
Practical points
- Notice in writing is a precondition. The section requires written notice to the employer; the text does not fix a minimum number of days. Keep the notice and note who received it.
- No refusal of facilities. The duty to afford "all facilities" includes testing plant and machinery and collecting samples. Obstructing an inspector is penalised elsewhere in the Code; see sections 95 and 96 for that article. Section 20 itself states no penalty.
- Workers' time is paid time. Pay wages for time spent on the survey examination as for working hours, and count them for overtime.
- Keep your copy. Because the survey report is deemed an inspector's report, ask for the report or its findings and prepare a compliance response.
- Establishment class matters. For factories and mines, the named officers apply. For other establishments, only an officer authorised by the appropriate Government can survey.
Example. The Director General of Factory Advice Service and Labour Institute gives written notice of a survey to a chemical factory. The manager arranges access to reactors, allows sampling of air and materials, and lets the survey team examine pressure equipment. Workers are required to attend a medical examination for an exposure study, and the two hours each spent are recorded as working hours. The report the survey team submits is treated as an inspector's report.
Need help with survey readiness?
A survey is easier when records and access are organised before the notice arrives. Our legal consultation team can help you set up a survey-response protocol, a sampling log and a wage treatment for workers' examination time.
Key takeaways
- Section 19 makes notified institutions responsible for OSH research, experiments and demonstrations and for sending recommendations.
- A State must consult the National Board before notifying such research.
- Section 20 allows named officers to survey a factory, mine or other establishment after written notice to the employer.
- The employer must afford all facilities, including testing plant and machinery and collecting samples.
- Workers must undergo examination and give information, and that time counts as working hours for wages and overtime.
- The survey report is deemed an Inspector-cum-Facilitator's report.
Read next
- Section 18: occupational safety and health standards
- Section 21: collection of statistics and portal for inter-state migrant workers
- Sections 95 and 96: obstruction of inspectors and non-maintenance of registers
- Safety officers under the Factories Act
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.