Section 42 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 42 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) lets the appropriate Government appoint medical practitioners as medical officers for factories, mines, plantations, motor transport undertakings and other prescribed establishments. It sets three duties: examining and certifying workers, medical supervision where illness is linked to work, and certifying adolescents for fitness.
The appropriate Government may appoint medical practitioners with prescribed qualifications as medical officers. Before taking office they must disclose their interest in the establishment concerned (42(1)). Their duties are (a) examining and certifying workers in a mine, factory or other prescribed dangerous occupation, (b) medical supervision where illness is likely due to a process or working conditions, and (c) examining and certifying adolescents for fitness (42(2)).
Section 42 at a glance
| Part | Content |
|---|---|
| 42(1) | The appropriate Government may appoint medical practitioners having prescribed qualification as medical officers for factory, mines, plantation, motor transport undertakings and any other establishment as prescribed |
| Proviso | Before entering office, a medical officer must disclose to the appropriate Government their interest in the concerned establishment |
| 42(2)(a) | Examination and certification of workers in a mine or factory or other establishment engaged in dangerous occupations or processes as prescribed |
| 42(2)(b) | Medical supervision of any factory, mine, plantation, motor transport undertaking or other prescribed establishment where illness has occurred that is reasonably believed to be due to the nature of a process or other working conditions |
| 42(2)(c) | Examination and certification of adolescents for fitness for employment in a factory, plantation, motor transport undertaking or other prescribed establishment, in work likely to cause injury to their health |
Employers who employ adolescents or run hazardous processes can get help with the documents and the reference process through our labour law compliance service.
The three duties explained
(a) Examination and certification of workers
In a mine or factory, and in other establishments with dangerous occupations or processes as prescribed, the medical officer examines and certifies workers. Read it with section 6 on the duties of the employer and the lists in the First and Third Schedules.
(b) Medical supervision after illness
The trigger is cases of illness that it is reasonable to believe are due to the nature of a process or other working conditions. The medical officer then exercises medical supervision. The clause names factory, mines, plantation and motor transport undertakings and others as prescribed. Notice of certain diseases by the employer is in section 12.
(c) Adolescents
The medical officer examines and certifies an adolescent for fitness for employment in work likely to injure health. The Code's definition of adolescent is in section 2.
The conflict-of-interest proviso
A medical officer must disclose their interest in the concerned establishment to the appropriate Government before entering office. The Code does not say what follows from a disclosure; the practical reading is that the Government considers it in making the appointment.
What the Central Rules, 2026 add (Rules 81 and 82)
Where the Central Government is the appropriate Government, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026) provide:
Rule 81: appointment.
- The medical officer must be a medical practitioner with a recognised medical qualification as defined in the National Medical Commission Act, 2019, enrolled on a State medical register under that Act.
- The medical officer must be trained in an Occupational Health course, including the International Labour Organisation classification of chest radiograph, duly recognised by the Central Government.
Rule 82: duties.
- On a reference under section 42(2)(c), the medical officer gives prior notice of the date, time and place of the examination, examines the worker, and prepares an age and fitness certificate, delivered to the manager of the establishment and the worker, keeping a copy.
- The medical officer may seek the opinion of specialists such as a radiologist, dentist and orthopaedic surgeon to determine age.
- The medical officer carries out examinations and furnishes reports as the Central Government directs: (a) examination and certification of workers in hazardous processes specified in the First Schedule; (b) medical supervision where cases of chronic occupational illness have occurred; (c) for establishments whose operations involve risk of injury to health; (d) an occupational health survey where illness has occurred or diseases in the Third Schedule are prevalent; and (e) assessing the age and issuing fitness of adolescents.
Where a State Government is the appropriate Government, the State's own rules set qualifications and duties. See our articles on Rules 81 and 82 and on the First Schedule and Third Schedule.
Practical points
- Know who the medical officer is. Identify the officer appointed for your establishment's area or class.
- Adolescent workers. Do not start an adolescent on work likely to injure health without the age and fitness certificate from the medical officer.
- Give notice and access. The medical officer gives notice before an examination; make the worker available and keep the certificate on file.
- Keep copies. The certificate goes to the manager and the worker, and the officer keeps a copy.
- Link to registers. Employment of adolescents is part of the register particulars in section 33.
Example. A plantation wants to engage a worker who appears to be under eighteen for a task involving chemicals. The matter is referred to the medical officer, who gives notice, examines the worker, consults a radiologist on age, and delivers an age and fitness certificate to the manager and the worker. The employer places the worker only in work the certificate allows.
Need help with health examinations and certificates?
Age, fitness and health-examination duties sit across several provisions and forms. Our labour law compliance team can map the duties that apply to your establishment, including adolescent employment and hazardous processes, to the Code and the rules.
Key takeaways
- The appropriate Government appoints medical officers; they must disclose their interest first.
- Three duties: examine and certify workers, medical supervision where illness is work-linked, certify adolescents.
- Rule 81: recognised medical qualification under the NMC Act, 2019, plus occupational health training.
- Rule 82: age and fitness certificate to the manager and worker; specialist opinion allowed; survey and supervision duties.
Read next
- Sections 39 to 41: secrecy, facilities to inspectors and powers of special officers
- Sections 43 and 44: employment of women and adequate safety
- Rules 81 and 82: appointment and duties of medical officer
- Section 12: notice of certain diseases
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.