Sections 82 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 82 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) lets the appropriate Government make rules declaring certain factory operations dangerous and setting protections, including medical examination at the occupier's cost. Section 83 lets it constitute site appraisal committees for the location or expansion of factories with hazardous processes, which must recommend within 30 days.
For factories where a manufacturing process or operation exposes workers to a serious risk of bodily injury, poisoning or disease, the appropriate Government may make rules to specify and declare the process dangerous, prohibit or restrict employment of pregnant women, require periodical medical examination before or during employment at the occupier's cost, and set welfare, sanitary, protective equipment and other requirements (82). It may also constitute site appraisal committees to advise on initial location or expansion of a factory involving a hazardous process, and each committee must give its recommendation within thirty days of receiving the application (83).
At a glance
| Section | Power | Content |
|---|---|---|
| 82(a) | Rules | Specify the manufacturing process or operation and declare it dangerous |
| 82(b) | Rules | Prohibit or restrict employment of pregnant women in it |
| 82(c) | Rules | Periodical medical examination, before or at any time during employment, to check fitness, at the occupier's cost |
| 82(d) | Rules | Welfare amenities, sanitary facilities, protective equipment and clothing and other requirements for dangerous operations |
| 83(1) | Constitution | One or more site appraisal committees (chairman and members) for prescribed purposes, including recommendations on permission for initial location or expansion of a factory with a hazardous process |
| 83(2) | Time limit | Recommendation within thirty days of receiving the application, in the prescribed form |
Section 82: dangerous operations
Section 82 applies to "any factory or class or description of factories in which manufacturing process or operation is carried on which exposes any of the persons employed in it to a serious risk of bodily injury, poisoning or disease". The appropriate Government may then make rules on four heads.
(a) Declaring the operation dangerous. The rules specify the process or operation and declare it dangerous. Until a process is specified, section 82 does not attach to it, so check the list your appropriate Government has made. The First Schedule to the Code lists hazardous industries; see our article for that, which is a separate classification from a "dangerous operation" declaration.
(b) Pregnant women. The rules may prohibit or restrict their employment in the dangerous process. The text says "prohibiting or restricting", so the rules may choose either.
(c) Medical examination. The rules may provide for periodical medical examination before, or at any time during, employment, to ascertain fitness of a worker or employee for that work, at the cost of the occupier. The cost sits with the occupier, not the worker.
(d) Amenities and protection. The rules may prescribe welfare amenities, sanitary facilities, protective equipment and clothing, and any other requirement necessary for dangerous operations.
The employer's general duties are in section 6, and the welfare facilities in section 24. Section 82 adds operation-specific rules on top of those.
Factory managers who want to map which of their operations might be declared dangerous under State rules can use our labour law compliance team for a process-by-process review.
Section 83: site appraisal committee
For a factory involving a hazardous process (defined in section 2), location matters. Section 83(1) says the appropriate Government may constitute one or more site appraisal committees consisting of a chairman and other members, for such purpose as may be prescribed, including to consider and recommend on an application for permission for the initial location of a factory involving a hazardous process or for the expansion of such a factory.
Section 83(2) sets the clock: the committee shall make its recommendation within thirty days of receipt of the application, in such form as may be prescribed.
How this sits with the general site permission process: the general permission for site, construction or extension is in section 79. A hazardous-process factory can therefore have both a committee recommendation and the section 79 permission path. The text of section 83 does not say that the recommendation binds the authority or that it replaces the 30 day deemed permission in section 79(2); check the State's rules on how the two interact.
Central Rules, 2026
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. Sections 82 and 83 leave the declarations, committees and forms to rules and notifications of the appropriate Government, and this article does not rely on a Central Rule for them. A related Central Rule is Rule 84, on adequate safety in the employment of women in dangerous operations, which belongs to section 44; see sections 43–44 and Rules 83–84.
Practical points
- Get the list. Ask your State labour or factories department which processes have been declared dangerous under section 82 rules.
- Medical schedule. For a declared operation, arrange pre-employment and periodic examinations and pay for them.
- Pregnancy protocol. Put a written procedure in place for any pregnant worker in a process the rules restrict. Check the State rule first.
- Protective equipment. Keep issue records for protective clothing and equipment for each dangerous operation.
- Planning a hazardous process factory? Find out whether a site appraisal committee exists in your State and what form the application takes.
- Calendar 30 days from the date the committee receives the application.
Example. A chemical unit plans to expand its existing hazardous process block. It files the application with the State's site appraisal committee, which must give its recommendation within thirty days of receipt. Separately, a State rule declares a solvent-handling operation dangerous, restricts employment of pregnant women in it, and requires periodical medical examination at the occupier's cost. The unit books the examinations and bears the fee.
For the old-law background, see hazardous processes under the Factories Act, section 41A.
Need help with dangerous operation rules?
Declared operations bring medical, protective equipment and pregnancy-related obligations that vary by State. Our labour law compliance team can review your processes, identify which State rules apply and set up the medical and equipment records.
Key takeaways
- Rules may declare a factory operation dangerous where it exposes workers to serious risk of injury, poisoning or disease (82).
- They may restrict pregnant women's employment and require medical examination at the occupier's cost (82(b)–(c)).
- Site appraisal committees advise on location or expansion of hazardous process factories and report within thirty days (83).
- The detail is in the appropriate Government's rules.
Read next
- Sections 80–81: owner of leased premises and power to apply Code to certain places
- Sections 84–85: disclosure of information and responsibility of occupier for hazardous process
- Sections 43–44: employment of women and adequate safety
- Hazardous processes under the Factories Act, section 41A
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.