Section 2 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.
The OSH Code absorbs the Building and Other Construction Workers Act, 1996 and the Dock Workers (Safety, Health and Welfare) Act, 1986. Section 2(1) therefore defines building or other construction work, building worker, dock work, cargo, major port, along with the sector terms used in the "appropriate Government" definition: railway, metro railway, banking company and telecommunication service.
Building or other construction work means construction, alteration, repair, maintenance or demolition of a long list of works, from buildings and roads to dams, pipelines, internet towers and transmission towers, but it does not include construction related to a factory or mine, or construction for own residential purposes where the total cost does not exceed Rs 50 lakh (or a notified higher amount and worker number). Dock work is work in or near a port connected with loading, unloading, movement or storage of cargo. A building worker excludes those employed mainly in a managerial, supervisory or administrative capacity.
Building or other construction work: section 2(1)(h)
The definition covers the construction, alteration, repairs, maintenance or demolition in relation to:
- buildings, streets, roads, railways, tramways and airfields;
- irrigation, drainage, embankment and navigation works, and flood control works (including storm water drainage);
- generation, transmission and distribution of power;
- water works (including channels for distribution of water);
- oil and gas installations, electric lines, internet towers, wireless, radio, television, telephone, telegraph and overseas communications;
- dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqua-ducts and pipelines;
- towers, cooling towers and transmission towers;
- such other work as the Central Government may specify by notification.
What is left out
The definition does not include:
- building or other construction work that is related to any factory or mine; and
- building or other construction work for the own residential purposes of an individual or group of individuals for their own residence, where the total cost does not exceed Rs 50 lakh or such higher amount, and employing more than such number of workers, as the appropriate Government notifies.
| Type of work | Covered as building or other construction work? |
|---|---|
| Highway, bridge, tunnel or dam construction | Yes |
| Erection of an internet tower or transmission tower | Yes |
| Demolition or repair of a building | Yes |
| Construction related to a factory or a mine | No |
| Self-built home costing up to Rs 50 lakh (or notified higher amount and worker number) | No |
| Other work notified by the Central Government | Yes |
The exclusion for construction related to a factory or mine means such work falls under the factory or mine provisions instead. Developers, contractors and infrastructure companies checking coverage can use our labour law compliance service.
Building worker: section 2(1)(i)
A building worker is a person employed to do any highly skilled, skilled, semi-skilled or unskilled, manual, technical or clerical work for hire or reward, whether the terms are express or implied, in connection with any building or other construction work. A person employed mainly in a managerial, supervisory or administrative capacity is excluded.
Building or other construction work is also treated as an "establishment" when ten or more workers are employed (section 2(1)(v)(ii)), which triggers registration under section 3, and an employer of such an establishment must send a notice of commencement and cessation under section 5. See section 5.
Dock work, cargo and major port
- Dock work (clause (s)): any work in or within the vicinity of any port in connection with, or required for, or incidental to, the loading, unloading, movement or storage of cargoes into or from a ship or other vessel, port, dock, storage place or landing place. It includes (i) preparing ships or vessels for receipt or discharge of cargoes or leaving port, (ii) all repairing and maintenance processes connected with any hold, tank structure or lifting machinery or other storage area on board the ship or in the docks, and (iii) chipping, painting or cleaning of any hold, tank, structure or lifting machinery or other storage area on board the ship or in the docks.
- Cargo (clause (j)): includes anything carried or to be carried in a ship or other vessel, or vehicle.
- Major port (clause (zh)): a major port as defined in clause (8) of section 3 of the Indian Ports Act, 1908.
A mine, or a port or its vicinity where dock work is carried out, is an establishment without a headcount test under section 2(1)(v)(iv). The Central Rules, 2026 carry dock-specific provisions, for example an annual health examination for employees of dock work and building or other construction work who have completed forty years of age (rule 5), and cleanliness, ventilation and dust rules for dock work (rules 39 to 41). See rules 39 to 41. The Central Rules apply where the Central Government is the appropriate Government; major ports are in the Central list in section 2(1)(d)(i).
Railway, metro railway, banking company and telecommunication service
These four terms are used to identify Central-sphere establishments in the "appropriate Government" definition.
| Clause | Term | Defined by reference to |
|---|---|---|
| 2(1)(zzc) | Railway | The railway as defined in clause (31) of section 2 of the Railways Act, 1989 |
| 2(1)(zk) | Metro railway | The metro railway as defined in sub-clause (i) of clause (1) of section 2 of the Metro Railways (Operation and Maintenance) Act, 2002 |
| 2(1)(g) | Banking company | A banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949, and also includes the Export-Import Bank of India, the Industrial Reconstruction Bank of India, the Small Industries Development Bank of India, the Reserve Bank of India, the State Bank of India and corresponding new banks constituted under the 1970 and 1980 bank nationalisation Acts |
| 2(1)(zzi) | Telecommunication service | The telecommunication service as defined in clause (k) of sub-section (1) of section 2 of the Telecom Regulatory Authority of India Act, 1997 |
For the full list of Central-sphere establishments, see section 2: appropriate Government and authorities.
Example. A builder erects a transmission tower and a stretch of access road for a power utility, employing 40 workers. The work is "building or other construction work"; with ten or more workers it is an establishment needing registration. Separately, a homeowner constructing a house for personal residence at a total cost of Rs 40 lakh is outside the definition, because the cost is within Rs 50 lakh. Check the appropriate Government's notification for any higher amount and worker number that applies to this exclusion.
Need help with construction or port compliance?
Construction and port operators must check which of their sites are "establishments", who the principal employer is and which health, safety and welfare rules apply. Our labour law compliance team can help you map sites and contractors to the Code. Bring your site list and headcount by site.
Key takeaways
- Building or other construction work covers construction, alteration, repair, maintenance and demolition of buildings, roads, dams, pipelines, towers and other listed works, and any work the Central Government notifies.
- Construction related to a factory or mine and self-built homes up to Rs 50 lakh (or notified amounts) are excluded.
- A building worker excludes mainly managerial, supervisory or administrative staff.
- Dock work means loading, unloading, movement or storage of cargo in or near a port, including ship preparation, hold repair and cleaning.
- Railways, major ports, telecom and banks established by a Central Act put an establishment in the Central sphere.
Read next
- Section 2: motor transport, newspaper and plantation
- Section 5: notice of commencement and cessation of operation
- Rules 39 to 41: dock work cleanliness, ventilation and dust
- BOCW Act: safety, health and welfare provisions 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.