Section 12 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 12 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) creates a two-way reporting system for occupational disease. The employer must notify when a worker contracts a disease listed in the Third Schedule, and a qualified medical practitioner who treats a person who is or was employed in an establishment must report a listed disease to the Chief Inspector-cum-Facilitator. A doctor who fails to report faces a penalty of up to ten thousand rupees.
If any worker contracts a disease specified in the Third Schedule, the employer must send notice to the prescribed authorities, in the prescribed form and within the prescribed time (section 12(1)). A qualified medical practitioner who attends a current or former employee who has, or is believed to have, such a disease must without delay report in writing to the office of the Chief Inspector-cum-Facilitator (section 12(2)). Failure by the practitioner is punishable with a penalty up to Rs 10,000 (section 12(3)).
The three sub-sections
| Sub-section | Who | Duty and consequence |
|---|---|---|
| 12(1) | Employer of the establishment | On any worker contracting a disease in the Third Schedule, send notice to such authorities, in such form and within such time as the appropriate Government prescribes |
| 12(2) | Qualified medical practitioner attending a person who is or has been employed in an establishment | If the person has, or is believed to have, a Third Schedule disease, send a written report without delay to the office of the Chief Inspector-cum-Facilitator, in the form and manner and within the time prescribed |
| 12(3) | Qualified medical practitioner | Non-compliance with 12(2) is punishable with a penalty which may extend to ten thousand rupees |
Two points are easy to miss. First, 12(2) covers a person who has been employed, so it reaches former employees whose disease shows up after they leave. Second, the doctor's trigger includes belief: the report is required if the practitioner believes the patient is suffering from a listed disease, not only on confirmed diagnosis.
The diseases are those in the Third Schedule. Our separate article on the Third Schedule list of notifiable diseases covers the list; we do not reproduce it here.
Employers who are unsure whether an employee's condition falls in the Schedule can get help from our labour law compliance team before the notice is due.
Employer's notice: what the Central Rules say (Rule 8)
Where the Central Government is the appropriate Government, Rule 8 of the Central Rules, 2026 sets the detail:
- Notice is sent forthwith, either electronically or by speed post, to the Inspector-cum-Facilitator or the Chief Inspector-cum-Facilitator.
- The rule prints the format: employer's name and address; establishment's name, address and nature; for mines, the name of the mineral; patient details (name, worker number, address, precise occupation); nature of disease; date of detection; details of the qualified medical practitioner; and whether the case has been reported to the Medical Officer; dated and signed by the employer.
Note the English text of the rule 8 heading prints as "8.Notice of disease" without a space; that is a typographical feature of the gazette text and has no legal effect.
Doctor's report under Rule 8(2)
The practitioner must send a written report forthwith to the Chief Inspector-cum-Facilitator stating: the patient's name and full postal address; the disease the practitioner believes the patient is suffering from; and the name and address of the establishment where the patient is or was last employed.
State establishments. Where the State Government is the appropriate Government, the State's own rules set the form and time. See our article on Rule 8.
Who is affected in practice
Employers and HR. Keep a link between your occupational health records and your notice process. If your company medical officer or panel doctor flags a Schedule disease, the employer's own duty under 12(1) is triggered by the worker contracting the disease, not by any request from the authorities.
Doctors. The obligation is personal and cannot be handed off to the employer. The penalty in 12(3) applies to the practitioner.
Contractors and principal employers. The Code speaks of "any worker in an establishment" and "the employer of the establishment". Where contract labour is involved, read the definitions of employer and contractor carefully; see contract labour definitions.
Example. A dye-house employee is diagnosed by a private doctor with a condition that appears in the Third Schedule. The doctor sends a written report to the Chief Inspector-cum-Facilitator's office without delay. The employer, once aware, sends its own notice, electronically or by speed post under Rule 8 if the Centre is the appropriate Government. If the doctor says nothing, the doctor is exposed to the Rs 10,000 penalty; the employer's duty remains independent.
How it links to other provisions
- The periodic medical examination of workers exposed to hazards and post-employment examination for occupational disease are provided for by standards under section 18, which mentions extending medical examination to employees even after they cease employment.
- The compensation side of occupational disease is covered in our guide on occupational disease compensation and the Schedule III list.
- Notice of accidents is separate; see sections 10 and 11.
Need help with occupational disease reporting?
A missed disease notice can surface later in an inspection or a compensation claim. Our labour law compliance team can help you map your health-surveillance data to a notice routine, so the employer and the treating doctor each know what to send and when.
Key takeaways
- The employer must notify when a worker contracts a Third Schedule disease (section 12(1)).
- A qualified medical practitioner must report, without delay and in writing, to the Chief Inspector-cum-Facilitator (12(2)).
- The doctor's duty covers current and former employees and suspected cases.
- The doctor's penalty for failure may extend to Rs 10,000 (12(3)).
- Under Rule 8 of the Central Rules, the employer's notice goes forthwith, electronically or by speed post.
Read next
- Sections 10 and 11: notice of accidents and dangerous occurrences
- Section 13: duties of employee
- Third Schedule: list of notifiable diseases
- Occupational disease compensation and Schedule III
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.