Section 8 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 8 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) looks upstream of the workplace. It puts safety duties on the people who design, manufacture, import or supply articles for use in an establishment, and on those who erect or install articles or supply substances for use in a factory.
Anyone who designs, manufactures, imports or supplies an article for use in an establishment must ensure, so far as is reasonably practicable, that it is safe and without risk to health when properly used, must test or arrange tests, and must make adequate information on its use available (section 8(1)). An importer must also meet the Indian standard or the higher foreign standard (proviso to 8(1)). The Central Government may add duties by regulations (section 8(2)). The duties reach only business activity and matters within the person's control (section 8(5)).
What section 8 says, sub-section by sub-section
| Sub-section | Content |
|---|---|
| 8(1)(a) | Ensure, so far as is reasonably practicable, that the article is designed and constructed to be safe and without risk to workers' health when properly used |
| 8(1)(b) | Carry out or arrange tests and examination considered necessary to give effect to clause (a) |
| 8(1)(c) | Take steps so that adequate information is available on use of the article, the use for which it is designed and tested, and conditions needed for safe use |
| Proviso to 8(1) | For an article designed or made outside India, the importer must see that it meets the Indian standard, or the foreign standard if that is higher, or, if India has no standard, the standard adopted nationally in the exporting country |
| 8(2) | Further duties the Central Government specifies by regulations, in consultation with the National Board under section 16(1) |
| 8(3) | A person who undertakes to design or make any article or substance for a factory may carry out research to discover and, so far as practicable, eliminate or minimise risks |
| 8(4) | No need to repeat testing, examination or research done by someone else where it is reasonable to rely on the results |
| 8(5) | Duties under 8(1) and 8(2) extend only to things done in the course of business and matters within the person's control |
| 8(6) | Erectors and installers, and suppliers of substances for a factory, have their own duties (below) |
| 8(7) | An article or substance is not "properly used" if used without regard to the information or advice made available by the designer, manufacturer, importer or supplier |
The Explanation says "article" includes plant and machinery, and "substance" means any natural or artificial substance, in solid or liquid form or as a gas or vapour. A "substance for use in any factory" covers it whether or not it is meant for persons working in a factory.
Note the scope: sub-section (1) speaks of an article "for use in any establishment", so it is wider than factories. Sub-sections (3) and (6) speak of factories. Businesses that supply machinery to offices, shops or sites should read the article-duty in 8(1) as applying to them too. Legal help on a specific supply chain is available through our legal consultation service.
The import standard proviso
The proviso to 8(1) is the most concrete rule in the section. For an imported article, the importer has to check conformity against one of three yardsticks:
- (A) the same standards that apply to such an article made in India;
- (B) where the standards of the country outside India are higher than Indian standards, those foreign standards; or
- (C) where India has no standard for that article, the standard adopted at the national level in the country from which it is imported.
Practical meaning for an importer of, say, a press machine: obtain the test and conformity records, keep the manufacturer's instruction manual and safety data, and be able to show which of the three yardsticks was applied.
Erectors, installers and substance suppliers (8(6))
For things used in a factory, section 8(6) adds:
- a person who erects or installs an article must ensure, so far as practicable, that the erection or installation does not make the article unsafe or a risk to health when used by persons in the factory;
- a person who manufactures, imports or supplies a substance must ensure, so far as practicable, it does not make the factory unsafe or a risk to health, must carry out or arrange tests and examination, and must take steps so that the results of tests, with conditions for safe use, are available in the factory;
- a person who manufactures a substance for a factory must carry out necessary research to discover and, so far as practicable, ensure elimination or minimisation of risk.
Limits on the duty
The words "so far as is reasonably practicable" and "so far as practicable" appear throughout; the Code does not define either term, so the standard is one of reasonableness on the facts. Sub-section (4) prevents duplicated testing where reliance on another's results is reasonable, and sub-section (5) confines the duty to business activity and control. Sub-section (7) shifts responsibility back to the user where the supplier's information was ignored, so suppliers benefit from documenting what they told the buyer.
How it links to other provisions
- The employer's own duties are in section 6; section 8 is the supply-side counterpart.
- Hazardous substances and processes are in section 2 definitions.
- Regulations under 8(2) depend on the National Board in section 16. The text we have does not list any regulations under this sub-section, so check the Central Government's notifications before relying on a specific additional duty.
- Penalties for contraventions sit in the Code's penalty provisions beginning at section 94.
Example. A trader imports a bench-top grinder for sale to workshops. The grinder is made in a country whose standard for grinder guards is stricter than India's. The importer must see that it meets that stricter standard (proviso, clause B), keep test records, and make sure the operating instructions and safe-use conditions reach the buyer. If a buyer removes the guard against the written advice, section 8(7) says the grinder was not "properly used".
Need help with supplier and importer compliance?
If you make, import or supply machinery or chemicals to Indian workplaces, it helps to map your documents against section 8 before a buyer or an inspector asks. Our legal consultation team can review your test records, manuals and import files with you.
Key takeaways
- Section 8 applies to designers, manufacturers, importers and suppliers of articles for use in an establishment.
- The core duty is safe design and construction so far as reasonably practicable, with tests and adequate information.
- Importers must meet the Indian standard, the higher foreign standard, or the exporting country's national standard if India has none.
- Erectors, installers and substance suppliers for factories carry separate duties under 8(6).
- Misuse against the supplier's advice is not "proper use" (8(7)).
Read next
- Section 6: duties of the employer
- Section 9: duties of architects, project engineers and designers
- Factories Act: safety provisions on fencing and pressure vessels
- Hazardous processes in factories
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.