Sections 84-85 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 84 and 85 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) place specific duties on the occupier of a factory involving a hazardous process. Section 84 is about telling workers, inspectors, the local authority and the public what the dangers are and how the factory will respond. Section 85 is about worker health records, competent supervisors and medical examinations.
The occupier of a factory involving a hazardous process must disclose all information on dangers, including health hazards and the measures to overcome them, to workers, the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, the local authority and the public in the vicinity (84(1)). The occupier must have a written health and safety policy at registration, an on-site emergency plan approved by the Chief Inspector-cum-Facilitator, and must give 30 days' notice before starting a new hazardous process (84(2), (4), (5)). Section 85 requires health records, qualified supervisors and medical examinations at intervals not exceeding twelve months.
Sections 84 and 85 at a glance
| Provision | What the occupier must do |
|---|---|
| 84(1) | Disclose dangers, health hazards and remedial measures, in the manner the State Government prescribes |
| 84(2) | Lay down a detailed health and safety policy when registering, intimate it, and report later changes |
| 84(3) | Include accurate information on quantity, specifications and characteristics of wastes and how they are disposed of |
| 84(4) | Draw up, with the Chief Inspector-cum-Facilitator's approval, an on-site emergency plan and disaster control measures |
| 84(5)-(6) | Inform the Chief Inspector-cum-Facilitator within 30 days before a new hazardous process starts; breach makes the section 79 licence liable to cancellation |
| 84(7) | With previous approval, lay down handling, usage, transport and storage measures for hazardous substances and publicise them |
| 85(a)-(c) | Health records, qualified persons, and medical examinations |
Who this applies to
Both sections apply to "every occupier of a factory involving a hazardous process". The Code defines the terms in section 2(1); see our article on hazardous process and hazardous substance. The First Schedule lists hazardous industries; see the First Schedule article. If your plant handles chemicals, solvents or toxic material, a review of whether a process is hazardous is the first step, and our labour law compliance team can help you run it.
Factories are in the State sphere: the Explanation to section 2(1)(d) makes the State Government the appropriate Government for a factory situated in that State. Sections 84 and 85 repeatedly say the State Government prescribes the manner, form, intervals and conditions, so the procedural detail is found in the State's own OSH rules, not in the Central Rules.
Section 84: what must be disclosed
Disclosure (84(1)). All information regarding dangers, including health hazards and measures to overcome them, arising from exposure to or handling of materials or substances in manufacture, transportation, storage and other processes. The audience is wide: the workers, the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, the local authority within whose jurisdiction the factory stands, and the general public in the vicinity.
Policy (84(2)). At the time of registering the factory, the occupier lays down a detailed policy on the health and safety of workers and intimates it to the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator and the local authority. Thereafter, at intervals the State Government prescribes, the occupier informs them of any change in the policy.
Wastes (84(3)). The information must include accurate information on the quantity, specifications and other characteristics of wastes and the manner of their disposal.
Emergency plan (84(4)). The occupier must, with the approval of the Chief Inspector-cum-Facilitator, draw up an on-site emergency plan and detailed disaster control measures, and make known to the workers and to the general public living in the vicinity the safety measures to be taken if an accident occurs.
New hazardous process (84(5)-(6)). A factory that proposes to engage in a hazardous process after the commencement of the Code must inform the Chief Inspector-cum-Facilitator about the nature and details of the process, in the form and manner the State Government prescribes, "within a period of thirty days before the commencement of such process". If the occupier contravenes this, the licence issued under section 79 is liable for cancellation, in addition to any penalty under the Code. See section 79.
Handling measures (84(7)). With the previous approval of the Chief Inspector-cum-Facilitator, the occupier lays down measures for handling, usage, transportation and storage of hazardous substances inside the premises and for disposal of those substances outside, and publicises them among workers and the public in the vicinity in the manner the State Government prescribes.
Section 85: specific responsibility of the occupier
| Clause | Duty |
|---|---|
| (a) | Keep accurate and up-to-date health or medical records of workers exposed to chemical, toxic or other harmful substances that are manufactured, stored, handled or transported; workers can access the records on conditions the State Government prescribes |
| (b) | Appoint persons with prescribed qualifications and experience in handling hazardous substances, able to supervise that handling and provide protective facilities at the working place; the Chief Inspector-cum-Facilitator's decision on a person's qualifications is final |
| (c) | Provide medical examination of every worker (i) before assignment to a job involving a hazardous substance and (ii) while continuing in such job, and after ceasing it, at intervals not exceeding twelve months |
Two points are easy to miss. The medical examination continues after the worker has left that job, and the twelve-month limit is an outer limit. The manner of examination is prescribed by the State Government.
Consequences
The Code does not give one penalty for these two sections. A contravention of a section 84 or 85 duty falls in the general penalty provisions. Section 102 is relevant if a duty relating to hazardous processes is breached; see our article on sections 102 and 103. Separately, a missed 30-day notice puts the licence at risk under 84(6).
Example. A chemical factory plans a new solvent recovery line. The occupier informs the Chief Inspector-cum-Facilitator of the process details at least 30 days before starting, updates the emergency plan for approval, adds the new substances to the worker health records, and books pre-assignment medical examinations for the operators. Starting the line on day 20 without notice would expose the section 79 licence to cancellation.
Need help with hazardous process compliance?
Sorting out which processes are hazardous, what your State rules require and how to keep disclosure, policy and medical records in step is detailed work. Our labour law compliance team can map the duties to your plant and set up a checklist with dates.
Key takeaways
- Section 84 covers disclosure, a written safety policy at registration, an approved on-site emergency plan, notice 30 days before a new hazardous process and approved handling measures.
- Missing the 30-day notice makes the section 79 licence liable for cancellation.
- Section 85 requires health records, qualified supervisors and medical examinations at intervals not exceeding twelve months, including after a worker leaves the job.
- The State Government prescribes the manner, so read your State's rules.
Read next
- Section 79: approval and licensing of factories
- Sections 86 to 88: National Board inquiry, emergency standards and exposure limits
- Hazardous processes under the Factories Act: sections 41A to 41H
- Sections 102 and 103: penalties for hazardous process duties and accidents
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.