Sections 39 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.
Sections 39 to 41 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) deal with three things around an inspection: what officers must keep confidential (section 39), what employers must provide to them (section 40), and when a special officer may enter a mine to survey or measure (section 41).
Section 39: information and records obtained by the Chief Inspector-cum-Facilitator, an Inspector-cum-Facilitator or their helpers are confidential, even after leaving service, with listed exceptions; the source of a complaint is not disclosed without the complainant's consent, notwithstanding the Right to Information Act, 2005. Section 40: every employer must give all reasonable facilities for entry, inspection, survey, measurement, examination or inquiry. Section 41: a duly authorised government servant may survey, level or measure a mine after not less than three days' notice to the manager, or without notice in an emergency.
Section 39: secrecy of information
What is confidential
Section 39(1) covers all copies of and extracts from registers or records of an establishment, and all other information on any manufacturing or commercial business or working process, acquired by:
- the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator, or anyone assisting them, in the course of an inspection or survey; or
- an officer authorised under section 20 in the exercise of his duties.
Such information is confidential and cannot be disclosed while in service or after leaving service to any person or authority, unless the Chief or the Inspector considers disclosure necessary to ensure the health, safety or welfare of any person employed in the establishment.
Where disclosure is allowed (39(2))
| Recipient | Covered |
|---|---|
| (a) | Any court |
| (b) | Any Committee or Board constituted under the Code |
| (c) | An official superior or the employer of the establishment concerned |
| (d) | A Commissioner for employees' compensation appointed under the Employees' Compensation Act, 1923 |
| (e) | The Controller, Indian Bureau of Mines |
| (f) | Any officer, authority or authorised person specified by the appropriate Government |
Protecting the complainant (39(3))
Notwithstanding the Right to Information Act, 2005, the Chief or an Inspector cannot disclose the source of a complaint about a contravention of the Code without the complainant's consent. During an inspection made because of the complaint, the officer cannot tell the employer or its representative that the inspection is in pursuance of a complaint. Employers therefore cannot ask, and the officer must not say, who complained.
If you are unsure whether a request for information from an inspector, a court or another authority falls within the exceptions, our legal consultation service can help you decide what to disclose and what to refuse.
Section 40: facilities to be afforded to inspectors
Section 40 is a short, firm duty. Every employer of an establishment shall afford to the Chief Inspector-cum-Facilitator, and to every Inspector-cum-Facilitator having jurisdiction, or every person authorised by the Chief, all reasonable facilities for making:
- any entry,
- inspection,
- survey,
- measurement,
- examination, or
- inquiry
under the Code.
The word is "reasonable", which covers access to the premises, a person to accompany the officer, and registers, plant and records. It reads with the powers in section 35 and with the penalty for obstruction in sections 95 and 96.
Section 41: special officers to enter, measure and survey mines
| Element | Detail |
|---|---|
| Who | Any person in the service of the Government, duly authorised by a special order in writing of the Chief Inspector-cum-Facilitator or of an Inspector-cum-Facilitator |
| Purpose | Surveying, levelling or measuring any mine or any output from it |
| Notice | Not less than three days' notice to the manager of the mine |
| Time | Any time by day or night |
| Emergency proviso | Where the Chief or Inspector thinks an emergency exists, he may by written order authorise entry without notice |
The powers are limited to a mine and to survey, levelling and measurement. They do not allow a general search; search and seizure are dealt with in section 35.
Practical points
- Appoint an escort. Name one person to meet an inspector, give access and keep a note of requests made.
- Keep the registers ready. See section 33 for what must be kept.
- Do not ask who complained. Section 39(3) protects the source; attempts to find out are unhelpful and may lead to trouble.
- Mine managers. Diarise survey notices, which must give at least three days, and ask for the written special order if an officer arrives claiming emergency entry.
- Confidential business information. Your processes and records are protected in the officer's hands, subject to the exceptions in 39(2) and the health, safety and welfare override in 39(1).
- Central Rules. The Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026) do not add detail to these three sections; State rules apply where the State is the appropriate Government.
Example. A factory receives an inspection after a worker complained to the authorities. The manager is curious about the complainant, but the Inspector-cum-Facilitator does not say the inspection follows a complaint, and cannot reveal the source without consent. The manager gives all reasonable facilities, as section 40 requires, and the inspection proceeds on the basis of the registers and the premises.
For the old-law comparison on inspector powers, see our guide on factory inspector powers and duties.
Need help with inspections and confidential information?
How much to give, and what to keep back, is a fair question when an officer, a court or an insurer asks for records. Our legal consultation team can advise on the facilities you must give, the limits of disclosure, and the response to a mine survey notice.
Key takeaways
- Information obtained during inspection is confidential, subject to the exceptions in 39(2) and the safety override in 39(1).
- The source of a complaint cannot be disclosed without consent, notwithstanding the RTI Act, 2005.
- Employers must afford all reasonable facilities to inspectors (section 40).
- Mine survey by a special officer: three days' notice to the manager, or none in an emergency (section 41).
Read next
- Section 38: special powers of Inspector-cum-Facilitator
- Section 42: medical officers
- Sections 95 and 96: obstruction of inspectors and non-maintenance of registers
- Factory inspector powers and duties
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.