Section 6 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 6 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) is the core duty section for employers. Sub-section (1) lists eight general duties, from keeping the workplace without hazards to issuing appointment letters and making sure employees are not charged for safety. Sub-section (2) adds specific duties for factories, mines, docks, construction work and plantations.
Every employer must keep the workplace without hazards that cause injury or occupational disease, comply with the standards under section 18 and the rules, arrange annual health examinations for prescribed employees at no cost to them, maintain a safe working environment so far as reasonably practicable, ensure disposal of hazardous and toxic waste including e-waste, issue an appointment letter (within three months of commencement if none was issued), charge nothing for safety and health measures, and, in a factory, mine, dock, construction site or plantation, be responsible for the safety of everyone on the premises. Breach can attract section 102 and section 103 penalties.
The eight duties in section 6(1)
| Clause | The employer must |
|---|---|
| (a) | Ensure the workplace is without hazards which cause or are likely to cause injury or occupational disease to employees |
| (b) | Comply with the occupational safety and health standards declared under section 18 or the rules, regulations, bye-laws or orders under the Code |
| (c) | Provide annual health examination or test at no cost to such employees, of such age or class, or in such class of establishments, as the appropriate Government prescribes |
| (d) | Provide and maintain, as far as reasonably practicable, a working environment that is safe and without risk to health |
| (e) | Ensure disposal of hazardous and toxic waste including e-waste |
| (f) | Issue a letter of appointment to every employee on appointment, with prescribed information and form; if an employee had none on or before commencement, issue it within three months of commencement |
| (g) | Ensure no charge is levied on any employee for anything done or provided for safety and health at the workplace, including medical examination and investigation to detect occupational diseases |
| (h) | In a factory, mine, dock work, building or other construction work or plantation, ensure and be responsible for the safety and health of employees, workers and other persons on the work premises, with or without his knowledge, as the case may be |
"Employer" is defined to include the occupier of a factory, the mine owner, agent or manager, and the contractor; see section 2: employer, employee, worker and occupier. For a wider view of how these duties sit in a new compliance programme, use our labour law compliance service.
Specific duties in section 6(2)
Without prejudice to sub-section (1), the employer's duties in a factory, mine, dock, building or other construction work or plantation include:
- provision and maintenance of plant and systems of work that are safe and without risk to health;
- arrangements for safety in the use, handling, storage and transport of articles and substances;
- provision of the information, instruction, training and supervision needed to ensure the health and safety of all employees at work;
- maintenance of all places of work in a condition that is safe, with safe means of access and egress; and
- provision, maintenance or monitoring of a working environment that is safe and without risk to health, including facilities and arrangements for welfare at work.
The wording "so far as is reasonably practicable" appears in clause (d) of sub-section (1), not as a general qualifier on all eight duties. Clause (a) (workplace without hazards) and clause (h) (responsibility for everyone on the premises) are framed without that softening.
The Central Rules, 2026: rules 5 and 6
The Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026) apply to Central-sphere establishments. Where the State Government is the appropriate Government, the State's own rules apply.
Annual health examination: rule 5
- The employer of dock work or building or other construction work must arrange a medical examination without charge for each employee who has completed forty years of age (rule 5(1)).
- It is conducted by a qualified medical practitioner, and a certificate in FORM-VIII is given to both the employer and the employee (rule 5(2)). The employer may use the Employees' State Insurance Corporation facility for the examination.
- For mines, additional tests and conditions of the annual examination are governed by rule 109.
Rule 5 names dock work and construction work; it does not name factories or other establishments. Clause (c) leaves other classes to what the appropriate Government prescribes, so check State rules for a factory. See rule 5.
Letter of appointment: rule 6
Rule 6 says no employee shall be employed in any establishment unless an appointment letter has been issued in the format given. The format covers: name; date of birth; father's or mother's name; Aadhaar number (after obtaining consent); Labour Identification Number of the establishment; Universal Account Number or insurance number (if available); designation; type of employment (regular, fixed-term or contractual); category of skill; date of joining; wages, basic or pay and dearness allowance; other allowances including accommodation; applicability of social security (EPFO and ESIC) benefits; broad nature of duties; benefits under Chapter VI (Maternity Benefit) of the Code on Social Security, 2020 for a woman employee; any other information; and the employer's signature or digital signature. See rule 6.
| Point | Code | Central Rules |
|---|---|---|
| Appointment letter | Section 6(1)(f): issue on appointment; existing employees within three months of commencement | Rule 6: no employee to be employed without one, in the listed format |
| Annual health check | Section 6(1)(c): prescribed employees, no cost | Rule 5: dock and construction employees aged forty and above; FORM-VIII |
| No charge for safety | Section 6(1)(g) | Not separately restated |
Consequences of breach
| Situation | Provision | Penalty as written |
|---|---|---|
| Contravention of any provision of the Code or rules, where no specific penalty applies | Section 94 | Penalty not less than Rs 2 lakh and up to Rs 3 lakh; further penalty up to Rs 2,000 a day if the contravention continues after conviction |
| Failure to comply with duties under section 6(1)(a) to (h) or 6(2) (heading: duties relating to hazardous processes) | Section 102(1) | Imprisonment up to two years and fine up to Rs 5 lakh; additional fine up to Rs 25,000 a day after first conviction if the failure continues |
| Continued beyond one year after conviction | Section 102(2) | Imprisonment up to three years, or fine of Rs 20 lakh, or both |
| Breach results in death | Section 103(1)(a) | Imprisonment up to two years, or fine not less than Rs 5 lakh, or both |
| Breach results in serious bodily injury | Section 103(1)(b) | Imprisonment up to one year, or fine of Rs 2 lakh to Rs 4 lakh, or both |
In the section 103 cases, the court may direct that at least fifty per cent. of the fine goes to the victim or legal heirs. See sections 102 and 103 and section 94. Where the Code refers to the Code of Criminal Procedure, 1973 or the Indian Penal Code, note that from 1 July 2024 these were replaced by the BNSS and BNS.
Example. A warehouse company with 60 employees has never issued appointment letters. On the commencement of the Code it had existing staff without letters; section 6(1)(f) gave it three months from commencement to issue them. A new hire in the Central sphere must not start work without the rule 6 letter. A worker injured by an unguarded conveyor would bring in clause (a) and section 6(2)(a); a serious injury from that breach would also bring in section 103.
Need help with employer duties?
Appointment letters, annual health checks, waste disposal records and safe-systems documentation are the first things an inspector looks for. Our labour law compliance team can audit your workplace against section 6, prepare rule 6 letters and set up a health-check schedule. Bring your headcount, site list and current safety policies.
Key takeaways
- Section 6(1) lists eight duties: a workplace without hazards, compliance with standards, annual health check, safe environment, waste and e-waste disposal, appointment letters, no charge for safety, and responsibility for everyone on the premises of a factory, mine, dock, construction site or plantation.
- Appointment letters were due within three months of commencement for existing employees; under rule 6 none may be employed without one (Central sphere).
- Rule 5: employees of dock work and construction work aged forty and above get a medical examination without charge, with a FORM-VIII certificate; mines follow rule 109.
- Breach attracts section 94, section 102 or section 103 depending on the facts.
- State rules apply where the State is the appropriate Government.
Read next
- Section 5: notice of commencement and cessation of operation
- Section 7: duties of owner, agent and manager of a mine
- Rule 6: letter of appointment to employee
- Occupier responsibilities 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.