Sections 69–70 of the Occupational Safety, Health and Working Conditions Code, 2020: Emergency Exemption and Employment Below Eighteen in Mines

Sections 69 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 69 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) lets a mine manager permit work beyond the usual hours limits in an emergency, on necessary safety work, and requires the case to be recorded and reported. Section 70 bars anyone below eighteen from working in a mine, with a narrow exception for apprentices and trainees of sixteen and above.

In a serious risk to safety, an accident (actual or apprehended), an act of God, or urgent repair of breakdown, the manager may allow people to work in contravention of sections 25, 30 and 31(1), but only on work necessary to protect the safety of the mine or persons, and every such case must be recorded and reported to the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator (69). No person below eighteen may work in a mine; apprentices and other trainees not below sixteen may, under proper supervision, with prior approval for trainees who are not apprentices (70).

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Section 69: the manager's emergency power

The four triggers in 69(1) are:

1. an emergency involving serious risk to the safety of the mine or of persons employed in it;
2. an accident, actual or apprehended;
3. an act of God; or
4. urgent work to machinery, plant or equipment of the mine as a result of a breakdown.

In any of these, the manager may permit persons to be employed in contravention of sections 25 and 30 and sub-section (1) of section 31. Section 25 is about daily and weekly hours (our article); section 30 is about double employment (sections 29–30); section 31(1) is about notice of periods of work (section 31). The text says the permission is subject to section 38(1)(B) and in accordance with section 25 as it relates to exemption from hours of work above and below ground, and with the section 26 provisions on notification of hours and the weekly day of rest for mines.

The scope is limited to "such work as may be necessary to protect the safety of the mine or of the persons employed therein". A production target is not a ground.

The proviso on urgent repairs

For urgent work on machinery, plant or equipment, the manager may act even though production of mineral is incidentally affected. The action must not exceed the limits necessary to avoid serious interference with the ordinary working of the mine.

Record and report

Section 69(2) requires that every case in which action is taken be recorded together with the circumstances, and a report made to the Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator. The Code does not give a number of days in this sub-section, so report without delay and follow any prescribed time. Mine owners who want a simple emergency log format can ask our labour law compliance team.

Section 70: under eighteen in mines

The rule. 70(1): no person below eighteen years of age shall be allowed to work in any mine or part. The text is about being "allowed", so the duty falls on whoever controls entry and work.

The exception. 70(2): apprentices and other trainees, not below sixteen years of age, may be allowed to work under proper supervision in a mine or part by the manager (the sole manager under section 67). For trainees other than apprentices, the prior approval of the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator is needed before they work. An apprentice means an apprentice as defined in clause (a) of section 2 of the Apprentices Act, 1961.

Medical fitness. 70(3): the Central Government may prescribe medical examination of apprentices, other trainees and employees in the mine to ensure fitness and to prevent persons below sixteen working as apprentice or trainee, and those who are not adults working as an employee. Read together: an employee in a mine must be an adult; a trainee or apprentice can be sixteen or seventeen.

What the Central Rules, 2026 prescribe

The Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026) apply where the Central Government is the appropriate Government. Where a State Government is the appropriate Government, use the State's rules.

Rule 109 requires the employer of every mine to arrange an initial medical examination of every person seeking employment in a mine and an annual periodical examination of persons employed, conducted as per Form IX. Rules 115 and 116 cover identity (Aadhaar with consent) and examination of women employees. The Rules do not add a separate provision on the emergency power in section 69 or the age limits in section 70. See sections 67–68 for the manager's rule.

Practical points

1. Write an emergency protocol. Who may decide, what records to keep (time, persons, work done, reason) and who reports.
2. Keep the scope tight. Only work necessary to protect safety or to repair urgently; log why.
3. Report every case to the Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator.
4. Check age at entry. Keep proof of age for every mine entrant, and never let anyone below eighteen work as an employee.
5. Apprentices and trainees. Confirm age sixteen or above, supervision arrangements and, for non-apprentice trainees, the prior approval.
6. Medical examination. Complete the Rule 109 examinations before work starts.

Example. A below ground mine has a fan breakdown and the manager keeps an additional crew beyond normal hours to restore ventilation. The manager records the time, the work, the persons and the reason, and reports to the Inspector-cum-Facilitator. Separately, the mine takes on a 17 year old as a trainee who is not an apprentice; it must obtain the prior approval of the Inspector-cum-Facilitator before he works and keep him under supervision.

For the old-law background, see Mines Act: safety provisions and DGMS.

Need help with mine workforce compliance?

Emergency records and young-person rules are checked on dates and papers. Our labour law compliance team can set up an emergency decision log, an age-and-approval register for trainees, and a reporting checklist for your mine.

Key takeaways

• A mine manager may allow work beyond the hours sections only for safety-necessary work in the listed emergencies (69(1)).
• Every case is recorded and reported (69(2)).
• No one below eighteen may work in a mine; apprentices and trainees of sixteen and above are the exception (70).
• Non-apprentice trainees need prior approval.

Read next

• Sections 67–68: mine manager and Code not applying to certain mines
• Sections 71–73: exemption, rescue and decision on whether a working is a mine
• Section 25: daily and weekly working hours
• Mines Act: safety provisions and DGMS framework

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.