TL;DR
- Under Central Rule 5 of the OSH (Central) Rules 2026, employers in dock work and building or other construction work must arrange a free medical examination for every employee who has completed 40 years of age.
- Workers in factories with hazardous processes or dangerous operations are examined free of cost at any age, at intervals of up to 12 months set by the State.
- Section 6(1)(c) of the OSH Code 2020 is the source of the duty.
Quick Answer: Employees aged 40 or more in dock work or building and construction work get a free health examination under Central Rule 5. Workers in factories with hazardous processes are examined free at any age, at intervals of up to 12 months set by the State. Section 6(1)(c) of the OSH Code 2020 is the source of the duty.
Section 6(1)(c) of the Occupational Safety, Health and Working Conditions Code 2020 (OSH Code) requires every employer to provide a free annual health examination to employees of such age or class as the appropriate Government prescribes. The Code fixes no age itself. The age and the establishments come from the Central Rules for Central-sphere work and from State rules elsewhere.
Free health examinations at a glance
| Workers | Age test | Frequency | Source |
|---|---|---|---|
| Dock work employees | Completed 40 years | Annual, under section 6(1)(c) | Central Rule 5(1) |
| Building or other construction work employees | Completed 40 years | Annual, under section 6(1)(c) | Central Rule 5(1) |
| Mine workers | Under the mines rule | Under Central Rule 109 | Second proviso to Rule 5 |
| Factory workers in hazardous processes or dangerous operations | Any age | Up to 12 months for hazardous processes (s.85(c)); as the State prescribes for dangerous operations (s.82) | Sections 82 and 85(c), OSH Code |
Which Workers Get a Free Health Check-up Under the OSH Code?
Under the OSH (Central) Rules 2026, notified as G.S.R. 345(E) on 8 May 2026, Rule 5(1) requires every employer of dock work, building or other construction work to arrange a free medical examination for each employee who has completed forty years of age.
Is the Age Threshold 40 or 45?
Forty. Central Rule 5(1) uses "completed forty years of age". Some secondary pages use 45, which is not the notified figure.
Do Younger Workers Ever Get an Examination?
Yes, in hazardous work. The Ministry of Labour and Employment's FAQ on the OSH Code, as on 13 March 2026, says factories with hazardous processes and dangerous operations must provide free pre-employment and periodic examinations irrespective of the worker's age. The State Government sets the periodicity under section 82.
Which Establishments Does the Duty Apply To?
Under the Central Rules, dock work and building or other construction work, plus mines through the separate mines rule. Rule 5 does not extend the 40-year examination to every establishment, and factories are generally governed by State rules. The multi-state labour law compliance checklist compares those State requirements. For the factory licence itself, you can use a factory licence consultant service.
| Establishment | Rule that governs the examination |
|---|---|
| Dock work | Central Rule 5(1) |
| Building or other construction work | Central Rule 5(1) |
| Mines | Central Rule 109 |
| Factories, including hazardous processes | State rules under sections 82 and 85 of the Code |
| Other establishments | As the appropriate Government prescribes under section 6(1)(c) |
Can the Employer Use ESIC for the Examination?
Yes, as an option. The first proviso to Central Rule 5 lets the employer avail the facility through the Employees' State Insurance Corporation (ESIC). It is a choice, not a requirement.
What Do the Official Rules and FAQ Say?
Three sources line up. Section 6(1)(c) of the OSH Code 2020 creates the duty and leaves the detail to rules. Central Rule 5 fixes 40 years for dock and construction work. The MoLE FAQ confirms that hazardous-process workers are covered at any age.
What Does the Examination Cover?
The Code and Rule 5 do not list tests. Rule 5(2) requires the examination to be conducted by a qualified medical practitioner, who issues a certificate in Form VIII to both the employer and the employee. Section 6(1)(g) bars charging employees for medical examinations conducted for workplace safety and health.
What Records Does the Employer Keep?
The Form VIII certificate, issued to both the employer and the employee under Rule 5(2), is the core record. The employer should hold it against each eligible employee, with the date of examination and the next due date, as evidence of compliance with section 6(1)(c).
The employer registers and returns matrix lists the other OSH forms kept alongside it, and labour law compliance software tracks the wider OSH obligations.
How Are Health Examinations Tracked Across Sites?
An employer with construction sites in several States can owe examinations under different rules at each. A compliance management platform holds the examination obligation for each site, its due date and the Form VIII certificates as evidence.
LexComply does not conduct examinations or issue certificates; a qualified medical practitioner does. To see how examinations would be tracked, get in touch.
Common Mistakes to Avoid
- Using 45 as the age. Central Rule 5(1) uses completed forty years for dock and construction employees.
- Applying Rule 5 to every establishment. Rule 5(1) covers dock work and building or other construction work; mines follow Rule 109 and factories follow State rules.
- Excluding young hazardous-process workers. The MoLE FAQ of 13 March 2026 confirms examinations irrespective of age in hazardous factories.
- Recovering the cost from employees. Section 6(1)(g) bars charging employees for medical examinations.
- Treating ESIC as mandatory. The first proviso to Rule 5 makes the ESIC route an option for the employer.
- Keeping no certificate. Rule 5(2) requires a Form VIII certificate to both employer and employee.
Legal Disclaimer
This article is general information on Indian labour law, current as at the date shown above. It is not legal advice and does not take account of any particular establishment's facts. State rules may differ from the Central Rules. Obtain professional advice before acting on any position described here.